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Home My WebLink About20212938.tiffMEMORANDUM TO: FROM: DATE: RE: WELD COUNTY PLANNING COMMISSION JIM FLESHER, LONG-RANGE PLANNER TOM PARKO, JR., DIRECTOR OF PLANNING DECEMBER 6, 2021 ORD2021-16, SIGN CODE UPDATE, THIRD READING Staff asks the Board to consider one revision on third reading of this ordinance. Section 23-4- 990.H of the Weld County Code contains sign limits for home occupations that are more restrictive than the proposed sign code update for the Agricultural, Residential, and Estate zones where home occupations are permitted, so staff proposes repealing Subsection H. It currently reads: Signage for a CLASS I HOME OCCUPATION may consist of a maximum of one (1) nonilluminated SIGN no more than one (1) square foot in size which shall be attached to the face of the DWELLING UNIT. Signage for a CLASS II HOME OCCUPATION may consist of a maximum of one (1) nonilluminated SIGN no more than nine (9) square feet in size which shall be attached to the face of the DWELLING UNIT. Staff recommends adoption of the ordinance on third reading with this change. Page 1 Division 13 Home Occupation Permits Sec® 23-4-990. Home occupation permit requirements. Athru G, no change. Delete H. Signage4c-r a CLASS ! HOM-E-QCCUPA GIN naximum stone -)--n-& -u-m nated SIGN no more than on: (1) square feet in size which shall be attached to the face of the DWELLIN-G Umf. Signage for a CLASS !H4OfAE OCCUP - rs-i-st of a maximum of () square _ee: in -size which shall be attached to the face of the DWELLING UNIT. Reletter I thru L as H thru K. S -G-N--ne-m-e-re t h a -n- nine MEMORANDUM TO: WELD COUNTY PLANNING COMMISSION FROM: JIM FLESHER, LONG-RANGE PLANNER TOM PARK + , JR., DIRECT •'R OF PLANNING DATE: NOVEMBER 15, 2021 RE: ORD2021-10, SIGN CODE UPDATE, SECOND READING At its regular meeting on November 2, 2021, the Planning Commission recommended approval of the ordinance with changes as noted below in the order of the code and highlighted on the attached ordinance for second reading. 1. In the definition of "DERELICT SIGN", delete "resulting from vandalism, animal infestation, or lack of maintenance". The cause is irrelevant. 2. In Sec. 23-2-160.W.10 (site plan map requirements) and Sec. 23-2-260.D.5.C.2) (USR map requirements), revise the language to exclude signage. This would eliminate confusion about whether an amendment to a site plan or USR is required if the property owner wants to change the sign. They would just obtain building permits for signs and staff would review them for compliance with the sign code at that time. (See also the last change below, for a similar change regarding ZPAGs.) 3. For clarity, remove "Flashing SIGNS" from the prohibited signs section (Sec. 23-4-70.H.2) and insert in the section on lighting (23-4-70.B.5): "Illuminated SIGNS and their lighting shall not flash, blink, flicker, vary in intensity, or move." This would include shining a strobe light on a sign. 4. Revise Sec. 23-4-70.H.6 to remove the reference to banners on cargo containers and insert a provision below it with the same language from the section of code that contains regulations on cargo containers (23-4-1100, Subsection D): "A CARGO CONTAINER shall not be used in any manner to display a SIGN." 5. In Sec. 23-4-80.D, the Planning Commission wanted to make a change to the requirement that electronic message displays (EMDs) on walls be mounted flush to the wall rather than projecting out from it. It was suggested that EMDs may need some space between the wall and the back of the EMD for ventilation. Staff proposes that it read as follows: "No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the back of the SIGN shall not project more than one (1) foot from the wall." This is slightly different from the language recommended by the Planning Commission, which referenced manufacturers' recommended tolerances. Staff feels one foot should provide ample room for ventilation, if necessary, without having to determine what a sign manufacturer's specifications are. Page 1 6. The Planning Commission also wanted to change Sec. 23-4-90.A.1.a to read: "SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet per individual SIGN, with no limit on the number of such SIGNS." The first reading said 150 square feet maximum per wall, but the Planning Commission felt that might be too restrictive on a big building with multiple tenants. As an example, with the revision, a wall that is 20 feet tall and 900 feet long (18,000 square feet) could have up to 1,800 square feet of signage, as long as it is split up into at least 12 different signs of no more than 150 square feet each (1,800 / 150 = 12). As a reference, the American Furniture Warehouse building in Firestone near 1-25 and Hwy 119 is nearly 1,000 feet long. 7. In Sec. 23-4-90.B.2.c, change 80 square feet to 90. The intent was that signs no taller than 10 feet could have a 20% bonus in allowable area. Signs over 10 feet tall could be 75 square feet. 8. In Sec. 23-4-90.C.1.c, we propose increasing the maximum size of a sign in the R and E zones and Ag-zoned subdivisions and townsites to 32 square feet from 25. This was a suggestion based on a standard sheet of plywood being 8 feet by 4 feet. 9. In Sec. 23-4-1220.C.1, we propose the same change for ZPAGs (Zoning Permit for certain uses in the Agricultural zone) as for site plans and USRs. Staff recommends adoption of the ordinance on second reading with these changes. Page 2 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 2, 2021 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Elijah Hatch, at 12:30 pm. Roll Call. Present: Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Michael Palizzi. Absent: Pamela Edens. Also Present: Chris Gathman, Maxwell Nader, Jim Flesher, and Tom Parko, Department of Planning Services; Lauren Light, Department of Environmental Health; Bob Choate, County Attorney, and Michelle Wall, Secretary. Motion: Approve the October 5, 2021 Weld County Planning Commission minutes, Moved by Tom Cope, Seconded by Lonnie Ford. Motion passed unanimously. CASE NUMBER: ORDINANCE 2021-16 PRESENTED BY: TOM PARKO/JIM FLESHER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE (SIGN CODE UPDATE). Jim Flesher, Planning Services, provided a brief description of proposed changes since the prior meeting held on October 5, 2021. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Todd Messenger, 1801 California Street, Suite 2600, Denver, Colorado. Mr. Messenger said he was representing Street Media Group. He said he has 21 years of experience in writing signs. Mr. Messenger presented his suggestions for the Weld County Planning Commission which included freedom of speech on signs, sign area, sign size, sign readability, sign height and setbacks. Commissioner Ford asked Mr. Messenger if the sign codes along 1-25 are Federal, State or County regulated. Mr. Messenger said if the sign is located in unincorporated Weld County, Weld County has control over the size. There is a federal mandate that the State have a state implementation of the Federal Highway Beautification Act. The State has some permitting responsibilities along the highway corridors. Mr. Messenger said the County is who has the final say of the size of the sign. Commissioner Holland commented that when he returned to this Country when Interstates first started happening, he was shocked by the size of the signs. His perspective is that people seem to use their cellphones now to find a business location rather than looking at signs. Mr. Messenger responded that there is a concept in retail called "drive by" where a person drives by a particular site and the site interests them. In this case, Mr. Messenger thinks signage is important for picking up that business. He also said people look for signs to know they are at the correct location. Commissioner Gluck mentioned that he appreciates a larger sign with a bigger font because it is easier to read. He asked Mr. Messenger if he has met with the Planning staff to discuss his suggestions. Mr. Messenger said they have not had the chance to have a discussion, but they have exchanged their comments back and forth. Mr. Flesher said that they had a Teams Meeting in September that Mr. Messenger attended. Commissioner Gluck pointed out that some buildings have multiple businesses. If the sign can only be a certain percentage, he thinks each business should be able to have their own sign. The Chair reference the pictures of some signs from Mr. Messenger's presentation. He asked Mr. Flesher if the signs are within 660 feet from an existing highway, are the signs out of compliance. Mr. Flesher responded that if the property is in unincorporated Weld County and is within 660 feet from a CDOT road, the sign would have to comply with Weld County and CDOT regulations. Commissioner Palizzi asked staff why they decided that 150 feet was the maximum size for a sign in the commercial zones. Mr. Flesher said the current sign code was updated in 2006 and has a 150 square foot limit for freestanding signs in C and I zones. He is not certain why that size was established. Tom Parko, Planning Services, said hundreds of businesses have been permitted since 2006 and does not recall any push back from the businesses regarding sign code. Mr. Parko said if the staff received a lot of complaints, they would address those issues. Mr. Parko pointed out that sign size is based on compatibility; for example, if a small business is located in an agricultural zone, neighbors may not want a big sign in their neighborhood. Commissioner Ford asked Mr. Messenger if he would be happy if staff would agree to increase sign size for industrial/commercial businesses. Mr. Messenger replied yes, especially along 1-25, U.S. 34, and for other commercial businesses. Commissioner Gluck asked if there is an existing sign that is not compliant but was done prior to 2006, is it grandfathered in. Mr. Flesher responded that if the sign was permitted and met all the requirements at the time it was constructed, then it would be. Commissioner Wailes asked if a sign that grandfathered was destroyed, would the replacement sign have to meet current code. Mr. Flesher said if the sign was damaged more than 50 percent, the new sign would have to meet current regulations. Commissioner Cope said he does not like a lot of signs. He is concerned if we allow signs to be double the size it will cause a visual impact. Mr. Cope said that the proposed code states that an electronic message display shall be flush to the wall when there needs to be room behind it to allow for ventilation. Mr. Palizzi feels that commercial signs, such as restaurant signs, along the highway should be allowed to be larger than 150 feet. He doesn't feel that commercial businesses should be handicapped by that regulation. The Chair pointed out that most of the time restaurant signs are located within a municipality rather than within unincorporated Weld County. Commissioner Ford referenced Commissioner Gluck's comment about multiple businesses being in one building. He asked staff if there are options for each business to have their own decent -size sign. Mr. Flesher explained that a sign can be no more than 10 percent of the area of the wall up to 150 square feet total, as currently written. He said that the owner of the building would need to split the limited size between the number of tenants so they could each have their own sign. Motion: Amend Section 23-4-80.D. read as "No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the SIGN shall be parallel to the wall and within one (1) foot distance from the wall. Moved by Tom Cope. The motion failed due to lack of second motion. Commissioner Wailes stated that he likes to have some flexibility in there where the performance and maintenance of the sign is not compromised. Bob Choate, County Attorney, stated that Mr. Messenger sent him an email that you could rely on the manufacturer's specifications to have a minimum distance. Motion: Amend Section 23-4-80.D. read as "No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the SIGN shall be parallel to the wall and within the tolerance of the manufacturer's recommendation for the distance from the wall." Moved by Tom Cope, Seconded by Michael Wailes. Motion passed unanimously. Commissioner Ford referred to Section 23-4-90.A.1.a and said that he thinks 150 square feet is a number we don't want to put in there because if there are multiple tenants you may not want to limit that to the size but to the percentage of the size of the building. Motion: Amend Section 23-4-90.A.1.a. read as "SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection)." Moved by Lonnie Ford, Seconded by Michael Wailes. After some discussion regarding the possibility of a 600 -square foot sign on a 6,000 -square foot wall, Commissioner Ford and Commissioner Wailes withdrew the motion. Mr. Flesher referred to the statement "...up to a maximum of one hundred fifty (150) square feet total on any given wall" and suggested changing it to "...150 square feet total for any individual sign". Motion: Amend Section 23-4-90.A.1.a to read "SIGNS on BUILDINGS shall be limited to no more than ten (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet per individual SIGN, with no limit on the number of such signs." Moved by Lonnie Ford, Seconded by Sam Gluck. Motion passed unanimously. Motion: Forward Ordinance 2021-16 to the Board of County Commissioners including changes recommended by Staff, Moved by Tom Cope, Seconded by Bruce White. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Michael Wailes, Sam Gluck, Skip Holland, Tom Cope. The Chair asked the public if there were other items of business that they would like to discuss. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak. Meeting adjourned at 2:43 pm. Respectfully submitted, Michelle Wall Secretary BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: ORDINANCE 2021-16 PRESENTED BY: TOM PARKO/JIM FLESHER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING (SIGN CODE) OF THE WELD COUNTY CODE. be recommended favorably to the Board of County Commissioners. Motion seconded by Bruce White. VOTE: For Passage Tom Cope Lonnie Ford Elijah Hatch Skip Holland Sam Gluck Butch White Michael Wailes Michael Palizzi Against Passage Absent Pamela Edens The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on November 2, 2021. Dated the 2nd day of November, 2021 Michelle Wall Secretary ARTICLE I - General Provisions Sec. 234-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: t � �-the�vs-u-a Se7 e cti C-Yi'J U 1-re*s0 �tl L5 c & iv�i II A A a.;,IF, SJ' �+tThe BANNER SIGN: Any SIGN e rnie .q s, ; i- - d m —Pr r- to ^alll thra-t aHpeFm : , s� ;o � P ss—a or a Bn L DA -G 'may -a -1, d ane 4 ae-me F -F -R '-at. e r mFe e sl that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts, or wire, or hung on walls with ties, clips, rails, rivets, hooks, or frames. fa AQ .AIA , if�.'r� man 5 �_:a W mate of -in sincyarGe7 rergThiPANc- A— ra U nfl rr t� � r a c r rr 4 - k -fuE (��7`-the a S�..r5'� rsph r -e o -Sec to �`' '6v-b�---i-L `�a l`1d'"c�•- tl U L �d -I(�!� F3' � U L u � �,H 'S [ , �-9--�.{ 6 0' C 4 � LiI-�-II� �E , E � 'C� l�Y-n J QT -a - he d - `-rye , a a P�,M- Can me -.(I )Juuc- � dw Fe • . ai-R-4nGem e 1-a'-a-rm'R R s \ u Y , V; •fi4n the -Rama -of a i I I' r��f1 �� C , C �' L� ts-ti , r�i ,rr t a! a r r� a n a i s r it u �`-� a u e -u u�b dit�,�--C�rr— ,,,, e—u,r�a-- d ; a sa e OF -Other -PS Fm nen-maternarl i iN EfiCJ P inCc- Ma-Wal,,dPio u9 -UF PCP — 2Z a t -W Jhe-� '� .f-� a '� l s-� - � R- -' ' ' ' fir- � -t z -1�N- Flu u � fir, -'7-- � u � � v:.�• y' SiG-N t'opt s a p*flher-fa-? ; p s i�- =rar-61-400-o-- -d-' 2} - " p4aw - � o u - d 00 r S 8 u ;• p' �-- ac. - MG& rl N- Ue d 9 u d th d hasT-ers o -tha“-S �i r � ,� �U'�',.! � �,' F-�.I' A.I1,A �L�fl �� r rr 5 n �', r � �, �R� �ril � - e ?' ua j S --e a-rFa�•---,��» -�h .. u -t ��d 4n the -4 -ace o,Fty succa o 4 -ho en .61 A_) �1 R the •� � �1 , �1 �° r � � �� , , rr �.�" i� � � �f' �1.� L �' . (�1 rte' . �1 � � e r --h h u a'5 a e s sip, - + u �--� e -r h u a n- y ,�t-6--�q i w -..�� - R'rd b �r -� SIG Nl-a-Rt a C Hfl aR L F . ICQ A N &o p 1,POSe n -C-h- ;�. -� s oh fi he y -Sid:-R-A-NWM-, ED ,r� �� rQ r P � � r� � r �.;rr �, f _r the �anr s s an e -eet o4ea c or Mme a ` '-' � ' 1-io-a orn� - 4we ' � ,VrIEID-C-14-1 RAE -cr e's a' d v' e4 s e s --e r� -11-0 -a n . tiVfJ � , �: �,i lv n ea �:�6 � 0 q4 -e —a —b -us " = ; —p'- � �.r —t, �� e o --o e cam' a c.� J ci1� � �.+ �o J � �� i � � : u Pu roe -goes -PI -4h iis-C1Pira-ots aL (aGSM DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay-ce—ay- Hk u o o ,,ear a k- F S II /� i� 7) II i� IL,� SIGN -ma i r , �r 1 �p ,°� d by a Dl I �✓ � i� �.s�o �� U�' ��1�r� ti D�u i? � �n_s'-L'�/-'Sr\."r� L u- V � 'l �� 6ddli• i`{`�o 'as, t t-1-2 _J a G r,�i P -P r , _ era �, + r�] d bAl i' P� �,�rr` l e,��q}� i j Es�� A u`9 n 0 l`y 0 �fl�l�`l' II 11��49' B � `�3 d��l 'J�d ll V '�/,I L�,9' �� S �u �-J 17 n 'fir" Lrll Ir `ice 'r1 �J V tl� �"`V`.� vif cz"_qer PO -M e , s y -m t' a- i- fo-c g u L� d� LJ1 L _ F —U, —� with -GO -WV RCA 1 rf llr4n- ,' -s l °--l! I-1 _® I DD M I'irA Vne---D1Q\, u - 4h e Q -Q' �4 � --ES ��1 Y`1 `l rvov n e rP 9 ll-y u u 174 -d -u cJ W u n2 "ha al--fr5P r-- o a c nJ FAId= pmE 11_11r -n` IrL 1J -1,,r111 • rfll � ;I n � hi � f� � �a l C'a ELECTRONIC MESSAGE DISPLAY: A SIGN or a portion of a SIGN with a display surface composed of light -emitting diodes (LEDs) or similar light sources and capable of displaying varying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. FLAG: `Ry r u r , an4-S4 c1-pe€�� fsl S' nGil ? I R JI G� e R=5 v e d—r•e, a ru r� r, r1 �a� , u U U e u i :ter 44 L - -y , ' u q-ri - ti -o .--� ,-vi- ' L clip -u� -cr C i h t-he-� `t -'c 1 et--�. ' �rt-s-a R r- 's{� �, 4 nay 1 1i ^^ �,�, � �+, ,�9 � �, r� "�,�, ,Fatg��r P �i p �,�' ��,��i r n'� �' `�p�rr ��p��'`fl, r� U ,ec� a`rarn r Zen e d -by -a- u s' oaf L� e -s- +s i U'': � �' df� ") compete ant j -L, si4 de titap ii mrt �-A h ` r v re % % t- --S-' a ` "• s ---n er-th ssc4k. eun s� J be co-•naI,e'r-e- J ga -r -ui t to r c R Any SIGN made of fabric attached to a pole and having a width approximately equal to twice its height. FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed on, o -r and anchored in, the ground and that are independent from any BUILDING or other STRUCTURE. Does not include BILLBOARD .r -e- - F —R TE DIRECTIONAL SIGN-:- IDEW6 /FICA TON- . eontaa-ns the address and name of the -occupant. INCIDENTAL_ SIGN: A S4G- age -rally inform -ate 2-I a4 se secondary to the USE of the z N -E LOT on which it is -1 ea2edrc —al "ne_packi-n ; 9� s4 t.rancc," "loading only," "telephone" and the -r of -fir• -directives. No St G -n th--a- ' �CIAL MESSAGE legible -from a position off th-e- Z- -I'Ne1- O -T on which -the SIGN is located shall be cone here o an -INCIDENTAL •Sh-G,N- NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this Q-i-visio-R- Chapter, but which was lawfully established prior to the time of its applicability. OFF -SITE DIRECTIONAL: SIGNS situa d on premises oche -r hran4h o s P-ec or -if -unctions a = , loos d- M-ne--gtail s--fo where, how distant and the type of goo s, vices or functions which - a obtaine .�-Gh S!G -S- a l rill -ate only to a -service or product pri ma ria--a-vaa entertain -men t) --and avail ghway passes - s ES -T -�� T S, lodging, gas, repairs or iway-exclut-oir-ina co-mmu-n: trough which the PENNANT Any 1-i-g- twei --pla s tiic, fabric or other-rnate1 sh eth- r-o-r-n-ot co n -a+n-:in g a message of spende from -a --rope, wire or string, usua t eries, designee -to -move in the wis PORTABLE SIGN: Any SIGN greater than six (6) square feet that is not permanently -attached to t; e ground or other permanent STRUCTURE, or a S4N designed to be transported, including but not limited to SIGNS designed to be transported by means of wheels; SIG -DNS converted to A- or T frames; me -Pm -and &a n dwi h-bead—Slaa o i --- i-sed as alG-N S ; u n--- b rs-used for aria rti s i n q ;and SrI-G-N S attaoh-e--o er-p- an -vehicles- a i ked and visible fro rm- e PUBLIC R -I G HT -O E WAY, u n !tip said vehicle is used regularly —and customarily i-nt _ th of -4l ie business. P OJECTITVG SIGN Any SIG* affixed ne-rpendicular to, o a -t & i-airsFe-t--ate9�� -,N--G or wall in such a manna -at its d 9 priere-ticn)-an-s-iy , yo n d the swr-ace of such B -U -I -L D IN -G6 or gall. Considered a typeN- REAL ESTATE PROMOTION SIGM A TOAD ORARY GN, _ located on -pr raise ---0T/ off -per -Prises, a: • -s--os other STRUCTURES u -s r construction or to be construed. This is a type of E i RARY SIG-Naat-eanotherwise exceed -P -E M P O RAR : G N sta n r a s indicated in Appendix 23 D -n cm-i[ G N S aaverti-sir : SIJ l -I G -N constmctio o- !!- b di aye -after all LOTS -or dweltings in the SU -!aI- 'l tak. mises SIGN — —ertising SUiBD!V SI-ON n stru 4o-;n-sh-3 ,-H-n-ot e-da prior to -the date of official-recording/IQ l ��- I , and s a l I -b -e removed w ii_t-h-l✓in years from the dat -f e -y .ac ce offirst building pellv thirty (30) days --horn the time se -yen -pi 4 k Ie (- 54--p€r cent of the LOTS or dwellings in the SUBDIVISION have been sold, wh- ; hever time period-;s-th-e-least. S-I-Gr-advertising site construction-mi-s- of�constr uction and shall be removed u -pre -n issuance of a certificate of occupancy or fina4 -inspection, whichever -occurs first RESIDG- Any S!G-N located in a �s 4 zoned for reside ia! _ USES that contains no C°OICJ!MER,C-k'4 6 `€-GE. �c.-a 6isiitg forteodsr soi ic- s io ! - ffered o, te-prem-i•-ses where the SIGN is located, !, o -f rig .mss uch service -at s u oh-!esao con-fo runs with all--rr-oq-u--i-rerne n is of -this C o ROOF S fly S -IQ-` c cted an-d--oen-s-truGted wholly on and over the roof of-a--7iI 4 ppor4e by th r--oofT� -C-TU R E, a -nice. t � i-•n with slopes less th , • r above t Ee highes -po o -on of the roof. Surf -a -c -es arcent from—horizonta! shall b SIGN: Any object, device, display, STRUCTURE or part thereof, sri-t°.,ited outdoors or indoors, an -d used -to advert as�, idea -ti- , isplay, Sect or attract attention t -n- i-ect, person -;-ii-- - ution, organi n7 -��. event -or looati-on- @@y --a. y means. A Sir a a - -,any writing (including any combination -ti-on of a !at ter, word or number), p-i- Lspre--n-tien (including-+ -tfl n, figures, des-I-gm symbols or aecer-a-tion Qproduct, �--l-uding shapes resomblir6 h a Q air-anir al -o -r -p --t ecognizable meaning, identity or c hereof, o� is writte ,mod, deli in-te, constructed or oth +b or near a ason of its form, is-tereotyoed desk or otherwise attract or is -de -signed te-attcatot 6 ��ntion to the subject or to the pre ems �l - which it is sith -o-r -b - -c -m&n —o -i- 'res i-�a � R; � advertisement or annou-n-e-e-ment that includes (or is specifically designed to include) lettered, pictorial, or sculptured matter that is intended to convey information to people on a sidewalk, in a parking lot, on a PUBLIC STREET/ROAD or other RIGHT-OF-WAY, or on nearby property. -S-IG,FLUS► W4 rtn� SIB N �' - 4+n -t --on or erected aga- t -,,Q °-9-offa-B441 IN;n. u e h a manner that _ the--S-I G -N -f c -e is tiara l l e l to -the plan —e & th e✓wa I I a n -a -s wholly 4c�-h-e walk Banners, ca — a -s o �, her similar material mamay-be-used-for this We of S e r r-i- 1 ----is securely atta 9-c ; LailAiG fascia or to a rig 4- I -G -N -U-R--,—in a manner which p-revents to material from flap i•-ng, wavi r rise moving: SUSPENDED SIGN.. A SIG--N-th-ais s u en .e c- ,tro m �e--u-n o e rs, ace. Considers e ype-o-f-BUl-L I _ N SIGN. EMPORARY SIGN: Construction Na which identify, s4te and "for sale" or "for rent" SIGNS inci ati n- = jction SIGNS, "for sale" ano "for rent" SSG -NS she when tie -pi s working on a project ore ssidence is for sale or rent. P -o e--iej-e-ct or PALL SIGN: Any SIGN attached parallel to, but within six (6) inches of, a-wa 1, pai-ntod oho --1 surface et -e-; • rtod and con-fi-n-so within the limits of an out iS-P UCTURE which is suppG �-�, ueh ��alI, BUILD!- -CTURE, and which dis-plays an -l- one (1) I �- surface. Consf i e fl fl I r1IIrkG �- W4PWO re, symbol or combination thereof, designed to communicate information -about -an activi b s4 -Hess, c'omc o service treat is pi -aced inside a w-i r up -an -the win -dew panes oc glass and is nisi -h m -the exteri-or--et _ the✓w dow �g-aree er-pareels-of land in sing-le-ewn-orshi the same STAR U CTU-RE Le -U S o -r --c ° i p4 -USES within [All other definitions remain unchanged.] ARTICLE II - Procedures and Permits Division 3 - Site Plan Review Sec. 23-2-160. Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: [A. through K. - No change.] L. 4an-desc-r-i-b r �zg-a -p possol --s-ig ag-e, d-rawn to an a ppco r te scale, which s h-all-i-n-c-lia- specificatio-n,s oaf the proposed S GN a► ,WLR-E along with the met -hod of ea r- yin Rd-a-lae- ent to the Mil The oosition an- -e4iwoe o -the _ -n-elation to pro nnd BUILDINGS and STRUCTURES --On the p=a e -4all be sho —c on the Site Plan -Review mao. Th-e apolical h-all-ap -y r an 1emit for p-ropesed SIGNS Reserved. [M. through V. - No change.] W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: [1. through 9. — No change.] 10. All existing and proposed STRUCTURES, excluding SIGNS, and their dimensions and approximate distances to the nearest property lines. T--h-e location, oimensi!on. --an - esign of any existing and pr e sd-SI Ste ;e sice;. gla ces from -LOT lines shall be indicate - [Renumber subsequent items.] [Remainder of Section - No change.] Division 4 - Uses by Special Review Scs 23-2-2400 Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. [1. through 11. - No change.] 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 a-nd-App-en-4axes 23-C, 23-D, and 23-E of this Chapter, umle— in cheap ri-cation and granted by -The -rd-Ceu -ty Cor-mi-s-s-on-ers as -cart of the -Use -by - Special Review —Permit. O-ffsite SIG-NS-FhalI not -be i- o ai- d4 huh -e ' R-- er-oces-s. [Remainder of Section - No change.] S yc 23-2-260, Appiieatiti• n requirements. [A. — No change.] B. The following general information shall be submitted: El. through 14. - No change] = ;--A o,i y6 used plan =o s -cation of desired S-G-Na-f 1-1-awi► 1:4e stag4-ids set forth-i I [Renumber subsequent items.] [C. - No change.] D. Special Review Permit Plan Map. [1. through 4. - No change.] 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. [a. through b. - No change] c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: [1) - No change.] 2) All existing and proposed STRUCTURES, excluding SIGNS, and their dimensions and approximate distances to the nearest property lines. [3) through 12) - No change.] 1 -3) --The ;flegui4ng zOrHn —a 'es.fm-p- perty line -h-al-l_b i n -d e cated . [Renumber subsequent item.] [Remainder of Section - No change.] ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 2 Signs Sec. 23-4-60. Purposes, intent, and applicability. A. kh cl F oses of t Lsai s i oncaFe th I -awing: to a 2i -c, ag erne e e iecti e use of C-i-GNS-as-a-means " 4-. e iacpru n I c Si- n in u ! i a ti GG 9--' a ti-WeEms, L 9 - ity, GHTer 2,'r< � ' h-aiYe e the v Ste l -c r r 4s-rs f the Count - I - -att-Fat sources of-con-omic dev- Anne --a o e ; tto i e pedostr n -d t; -c safety; to r 1c*i e the possible-- ad -verse effect--of-S-laN _ o -- nearby _ public a private pro 9 ; and to en-: o and oo-nsiste t e oFoemern;-�o -nhe -9G-N restrict -fens. Me -Fe s-peciiicall , r e s ation€Hsafer2th n eh &D Ion are In4en ce- -ii . % 4 c x a 3 -i~ig o aa l e a vS i •limited v4arf S r� ii -NS in some -Si-i an -d a - ! zones and nd -rel-s-and the permit proGSScs-ot A!. v--oa ai-n-&GN hat are small, un -b u i-ve, and incidents! to the principal SSE of he res oecti _L_Q S cn w!o4eh they are [a -Gait -ST -subject to the substantive vie requirements of Division, but withrout a requirement far zonen -p-p -v-, t 3. Pro �. _ bit t a l I S I G -N -S -n -o= V p. r ocsn-jPe4m- Re for the ens en°r-nt -hie ,pro i ons -e-&-G °-s, �W be dme , placed, er g! he d, created orrmainta: n - n unincorporated Weld t 4y u n e : a� it i s in c o fl 's1a- 1 C S 'J V m� a d _ s , pr 6J c 4u —Fe€ , .;,h °� "'f't'L �r� n m�* bll�I� J! 'mss' t & ru-�-e- - -e$ of -t -h-! a v i s i-O RT A. The purpose of this Division is to provide standards to promote, preserve, and protect the health, safety, and general welfare in the unincorporated lands of the COUNTY. B. These regulations are intended to: 1. Encourage the effective use of SIGNS as a means of communication, 2. Protect the safety of pedestrians and motorists by avoiding excessive levels of distraction, 3. Maintain and enhance the appearance of the COUNTY by avoiding excessive levels of visual clutter, 4. Ensure SIGNS in unincorporated Weld County are well -constructed and maintained, 5. Safeguard property values and promote economic development, 6. Minimize the potential adverse effects of SIGNS on nearby public and private property, and 7. Recognize rights of free speech by regulating SIGNS in a fair, consistent, and content neutral manner. C. No SIGN shall be erected, placed, established, painted, created, enlarged, or maintained in unincorporated Weld County, except in conformance with this Code. D. SIGNS erected or maintained by the COUNTY or the Colorado Department of Transportation shall be exempt from the provisions of this Division. Sec. 23-4-70. General provisions. �' � �° �" '°"j � E !� � �, � Stl' Li . �� y �.Y Y'i�) �� zoning � Q � • � & P r t^'.� d. r a,,,� i � S V S a� 1 t o p mot d i-n the V a 1 1 =� cJ s � o n i n g d i s 6 r i c g� 0, ='- >.d "awl 1�. �L S' 2 i i cl-4 i i.. _ 1 td V r c a 1 I c e with t 1 f e -Y `1mw u ,-A �ne in i, Vey ti+ _ t forth A. No SIG -Al sshall be str6 I erected, enl r -e. C - D n -9 -P . P 3 Lr E 'ea , Sm.a ! r tl ur+ d, r&&ocated, refac d - otherwise redi t x st b -ai i nq- i e- ° ° ran from t If t parr°i rr� o S altered a �, .�i �!� o �3 tl �01�� n� I I r�. ,�,, u� d� ld �-p� a tl3 �°�� 6 .C Rd, _ if B e !,/Bj 4J�-I-�G B -gapprov ar0 1 the De part 0 a i, of an -n I ii'Services an -G1 -the Colorado Dew e -pit -f- ran --s' o4ation. sfta- Lbe erected at or near th rser �n o' any-STREET/RO�`a D y uch � r -c- i 'i.. erected - �,.. iJ 6 r... da ay 'e.J' 1 near fi ! 1 e 1 %.J e +.J i.J a B Z. �. e D f.�' h.J v , a -m -an -n -e -Pas to obstruct frees gear v4s-i-on of --m} e i the pos iti—o ; h e or color) it --ma ° B , e-Ffe r -v th , obstruct the \f is -w -of o r be confused --with , any authorized trh -c-- 51 -G -N, signal or cam, i . S9GNS-!-ocatcd a -an -h rsection-must : - &- of the -sight A !! s^ ' my e t! i a n C I e ,-� r� G d _ t r, G f � a o `' -t, r i-oaa l I b' e rev ` p a �.xl+.i �eA C3�a,�.o.. �,rar.aa��e �i d�wa.7��7T-�l�E �dfBatlY a F�v Lidi e�[aw e b+ �� i +�1 by- fa s-p7Ire a & [k, oY Pubc o s n he �olourad Io-cation wnerems ,n - to ent or ns-porta-non, if appli-oalateT -le--S-I-G-N--other th a R-trari-c conto o -I -t tG _ N-S-r-exce pt x a allowed by -Colorado Rev-i s - -u= e- -air-perr-ad-e-D—spar-tm-a ` 9-f-rrn-spea.atin a;li-e-r construoted or -maintained wi- h�in, otore-right-of wa -e- h -may- 6 h -in -4h e COUNTY. DIRECTIONAL SIGN , shall contain F r- en �� p I +nil - she, US: " � o�� act el n 4�a 1g LOT. 3a-Thy"-�6-0-Nd�i-6 e.,.� i ti.F-`�`�"'"�,., ��Y'C�„��.s �,s'��!�.,��i a a 'wtl�y'� e aa�i"� ��'a,� a v � s E -x, o u� � ty, state or fedea at in -a -l4, 6 -IC R!G r---WA4°,° by a ove nme tol age n 5/ controIIing 0-F d re 41-e -trafc shall be exe -p fr-ova-- ha -p evistons of this -ie es -n- — -nd I u-d-i-n g- -up f b-i es B yam- ane ctrot s, al -be-G rp., FS glut kept in -a sta mod repair with a clean and neat appeo A—Ry SIGN-GN---s-h-1 be returned te, - �- § ti = ° i n _ d i n the con 9 it ieci as o r:-o�-� -4f i-� t s h --d e �,�''� f �e^1.-�:, #'' /'y q e d�f''� _ (�,�1'� , &..a a .� �.,/e e , [ �.r ' H y� e 'b § J..a.+' i [ �..+ 3 l� mF d amthe Site, or it-✓i"?�, i�e�r re-moitse`d-l'�-y-`��P--'d he site A. SIGNS and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. B. Lighting. SIGNS that are electronically adjustable for lighting shall comply with the provisions of this subsection. Other SIGNS shall be brought into compliance with this subsection when any maintenance is conducted on the lighting system, including, without limitation, replacing bulbs and fixtures. 1. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare. 2. The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is visible from any LOT line on which the SIGN is located is prohibited. 3. Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three -tenths (0.3) footcandles in excess of ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall not cast illumination at a level exceeding three -tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. 4. SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection. 5. Illuminated SIGNS and their lighting shall not flash, blink, flicker, vary in intensity, or move. C. No SIGN shall be erected within or extend over RIGHT-OF-WAY except by the owner of the RIGHT- OF-WAY. The COUNTY may remove and dispose of any SIGN within COUNTY RIGHT-OF-WAY without notice. D. If a LOT is located in more than one (1) zoning district, the more restrictive SIGN limits shall apply to the entire LOT. E. SIGNS other than FLAGS shall be stationary at all times. F. SIGNS shall comply with applicable state and federal regulations. G. For the purposes of this Code, PORTABLE SIGNS shall be considered FREESTANDING SIGNS and shall be required to comply with all applicable regulations. H. The following are prohibited in all zoning districts in unincorporated Weld County: 1. Searchlights, flashing lights, mirrors, flames, smoke, or beacons used to attract attention to a business. SIGNS in a sight distance triangle, as described in Appendix 8-Q of this Code, or any SIGN that may be confused with a traffic control device and/or may present a danger due to its potential to interfere with, mislead, or confuse the steady and safe flow of traffic. 3. SIGNS within five (5) feet of a fire hydrant. 4. SIGNS attached directly or indirectly to trees, rocks, or anything not located on the same LOT as the SIGN. 5. BANNER SIGNS affixed to SEMI -TRAILERS, vehicles, or other movable objects. A CARGO CONTAINER shall not be used in any manner to display a SIGN. 7. DERELICT SIGNS. 8. BUILDING SIGNS that extend vertically above the highest portion of the roof or parapet 9. Any SIGN not in compliance with the provisions of this Division. 5 _ Deay F o r fh =4 s- --a- h -&iv i s ion 2, cc rta- --words a 4 -$wa s 1-1€—S---h-In s h a -I -l- :un-te- rcto -as 01-8- Re R io- rt° 1$3 Sec, 23-4-80, 8-4 k - `- - Electronic message displays �I� IJ' r°4 �j �' U` ` r y" 6 � 7 '� 1 i"a s t l �l � �'7 • �i t't 8 ,1� ,4 � �� , ,., A. A --s ,,--- f��- a �sr -r rem n a- n� y ate- a a ned�- - upact o n ��-i-th , at fce e F supo r rnd--apon--an S l c r d > sa n e' p d a 1 o e r _ b ui t -o -atta-s e -d- B. f G pe aale r— srn -ab -p l --e=--- Ga N , such — a seRAopen mnrharr -�o l-l-eJ '�� P =, 'o� �g ° -- r te ., l➢ e� � 1 a �(J _ •! (-s^. 4 i v i 1 a u t 0.ta ns U 1 ll—t we+ ti with-Fac hI a4n s O1 tr. to° Ge-! s- u S o- ;F=ev - -s o- -n-tia I h az ° d-s-ttheb . G`ero,�-h-o� J Ce,A _ £ rc sd-11-pagenan-e-n- 1 aN c-aca_ G -N- -ru ctu es s- -€4-kkee- si-g-ned and 9 _ to corwp-t.kh thre 8u b l^d- --Cade sett- - h- pte 2 9-ef th i L-Tho l c ryica H - r umin 4aa N S snai I be -d -e 1 prod- Sin-sf: 4o --o , ecrn-wi- — o -al Qe et- o�th l-n--C-G 29 o -- J -e. AI rind RIGN-structures sh-a set for! n this`• -rode -2d- V n e 1 -an-' - -th d-Lortsorn-ply- h -the d -requicemea A. ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. B. ELECTRONIC MESSAGE DISPLAYS shall not be located within five hundred (500) feet of any LOT zoned Residential, Estate, or PLANNED UNIT DEVELOPMENT with Residential or Estate USES or any incorporated LOT with residential USES, unless the ELECTRONIC MESSAGE DISPLAY faces away from the residential LOT. C. No more than fifty (50) percent of the area of a FREESTANDING SIGN may consist of an ELECTRONIC MESSAGE DISPLAY. D. No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the SIGN shall be parallel to the wall and within the tolerance of the manufacturer's recommendation for the distance from the wall. E. ELECTRONIC MESSAGE DISPLAYS shall have the ability to automatically shut off or be remotely disabled if a malfunction occurs, shall have automatic dimmer software or ambient light monitors to control brightness for nighttime viewing, and shall comply with lighting provisions of this Division 2. The display of an ELECTRONIC MESSAGE DISPLAY, including its brightness, shall not change more frequently than every ten (10) seconds. ELECTRONIC MESSAGE DISPLAYS shall change only instantly or through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images. Existing ELECTRONIC MESSAGE DISPLAYS shall be brought into compliance with this subsection upon the effective date of the ordinance. Sec. 23-4-90. -- , r� � —g- o alg of signs. �� C v - o r, o r a p pe r -n :- � �: far -the o�, -ems Q e [ \ Regulations on the size and number par-eset of 51 cN- for an-exterief SIG-- ° ar h�—E-VI Q-PMENT. Sa--plaRe-sh-a W be included -as past -era any Site -Pan Re- iew-Use _ by - Spec a ermit, Rags -- -W-iDe-veIe m- a-nd-Maw ,io or b i °ision. T hf 5d � � �� , �I ��" �� °d I- � el- i-an snag u d a`l C d'�1-�"u'�f E✓z� 4� _ If-ui�el za F�e d`G y - a, �i K-�'t� e :m. ti.* ei u e , d�- a a i d ra i s ra b1p set out -s urch---.porn s The -plans ans a -I4- such _ te �` ` � 2-n-st -9 cte d r-�d-`' e - - ' a i ed- -vim,- c -e-pla e set o a e r e •J . d- u a s l �.s �: d via �4 v- v b 9 0� e d a c, da.!"f `� - �- a t ti„ s u, as s F, uP3 �ti'' �r� cs ,rte �r " h e r f �,fl II "SIT X119 b o r t -he p 5.w y + �' r e f a arS rr� h aJ� 9 ,e a� u air a d�� .1 Q r dJ� e o�'G'- ,:�r":t3 J�V�'d a � � u �i u d -sue' � u 'a� a � o u '�+ �ts a.a 4 ��*`�—d �a'?-� u u a �n.' o �.n d -'u d-Jr- ��; pisc F i s -A e , d-ep o; n s sr -ha I I net a -p- ,- otScurii ! � -N-p l s q -a -v -e -t -a -p -p 9 ed by- B -oar -o -of C o u _ y C o m mi ss i-o. -- _ , r the - :aTh-- I- UQ IS s `n be -de -site -had and cop tu„,, -of mter- aea R;= 144iz h of hitectu-re =M e site -an wnich the SI-Gar\-i - 4 Ge na-P ; . a -u s'e-- - -rnat&4a -- de--s-a-R s, Y_Y rim oR�r c i m i !a r to, _ the main . i n building mate a l- 19 sed on site ems'"C ati n44 p �J E �.r-C �C� 'ro +c_:� 'd�V�'a-`a�.'! hav e Le f o.d -( _1^d r''�A u �`T f u J . r� A. Commercial (C) and Industrial (I) zones: 1. SIGNS on BUILDINGS in the C and I zones: a. SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet per individual SIGN, with no limit on the number of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the C and I zones: Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height. Area. 1 On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) square feet. 2. On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to one hundred eighty (180) square feet. 3. BANNER SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall, with no limit on the number of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) square feet. 3. BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. C. Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Agricultural (A): 1. FREESTANDING SIGNS and BANNER SIGNS in the R and E zones aria in SUBDIVISIONS or HISTORIC TOWNSITES zoned A: a. Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN. b. Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height. C. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than thirty- two (32) square feet. 2. No SIGNS other than those described in Subsection C.1, above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A, except in accordance with Subsections D and E below. D. SIGNS on LOTS without a PRINCIPAL BUILDING, regardless of zoning: 1. Notwithstanding any provision in this Division 2 to the contrary, each SIGN on a LOT without a PRINCIPAL BUILDING shall be limited to sixty-four (64) square feet and not more than eight (8) feet in height, plus the SIGNS allowed in Subsection E below. 2. LOTS without a PRINCIPAL BUILDING shall be limited to not more than one (1) FREESTANDING SIGN for each PUBLIC STREET/ROAD that the LOT abuts. 3. SIGNS located on a LOT without a PRINCIPAL BUILDING shall not be required to meet SETBACKS or OFFSETS as long as the entire SIGN and all its components are within the LOT. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. 4. SIGNS erected on LOTS without a PRINCIPAL BUILDING shall not be considered nonconforming once a PRINCIPAL BUILDING is constructed or placed on the LOT, at which time SIGNS on the LOT shall be brought into compliance with the regulations of this Code. E. Other SIGNS: In addition to other allowed SIGNS, each LOT may have up to five (5) SIGNS of up to six (6) square feet each. F Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones. For the purposes of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries and federal, state, and local government agencies. Sec. 23-4-100. Nonconforming signs. ¢= lr 1 fir �'l• � 'f �" 1 N , i • � I � � r`�' x" � r(�'T' n' I r�3 �. `�ciega- rte- al -G&, ed-s1,-LaNI-ER e x ti e' � � �Q e h e e �n-e-- -�A-e--d-a e e � �-,�-,r �` 4 .� V;: �. 'tea i u a G_r N� �a � u e., , v , , act- ° -e falla Ain g Any legally established SIGN made nonconforming by adoption of or amendment to these regulations may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of the- -reg . II a.I na- this Code. The &h a n g i-n- -oath e mev-S --p-aH -of -e n ex - u g N -,hat �s 4ned-o-egos, or -the repainting or reporting of display matter shall not be deemed a structural alteration. ,-Eons n- - .G q- - xl---R L41 t u -s fUr ,(- l'E �� i a a �� _ etii: PI --e pa 1-0;24 flea iv da$e o epa f th p-' v-i-sians hereof, micwitrawever, o r st,GP -O M A A-C�? ` Ei s s , tl t-i- 'l --ter 1 s or m such S t" "'4A h t ILP i" Q col fil len r Ff5(� O 0 u pc -GS -ion 6 io nin- X46) I w bck--has--been c al--tay. p> `, ex pWomen '--a-e&f--G , r - -C eent than - y except i-n co n ni- th ru W - -s, s . © -o1Ltn e CO- ctiGPa --ems r p -Se -m - -o-f4h e 4QN-before .4 s ° -o mere o f-;. e -so- � euctio , ue-o'� !a m� t cosy f ice -the S -Q4\ before it was ;r `avV lrr ually-de-at `ti/Jw` mad--• he SI �JlN' C'��`�fi —1-1-�ilf�a'-�t6 �e- �� L��s � u'�a � T � ir'e s u s e f damaged a Ali _d may --be i m�l�`� i- e th e c nicli 1 o n i f a� u e V S 6'm--fi_�'$" f Ay-ka-c tO ite�° 9 �.� - '�r. to uThFC .. fl u o u ` J e u a �, pi s �s �s . B. If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged. Sec. 23-4-110. Computations of sign area and height. A. Computations of area of WALL SiG\ an4-s g fsSIGNS. The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or -r-uGtwG\ STRUCTURE against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when su n fence -or n4eets3Al-Gou i - Fegu t•ns a -r clearly incidental to the display itself, and not including that portion of a SIGN below a height of seven (7) feet if said portion contains no signage other than the street address of the property. Computation of area of multi -faced SIGNS. Th-e-S-FraN--araa or a -SIGN -with more than one- Y shallDe ��''qqf� tin A pf, P Sr h� .ace, — - SaG 'paces-i&aUe r� a a : When t�J � c �J/ V �i �C�i'Y�.rl��s ��ir�ll��-�C�"�a SW'i,� u �i"�� .o v� a�t`�. �.'�" u� -y-� n _ � u u o +-u � �� G two (2) lid -art -ea" SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with an angle of less than forty-five (45) degrees between them, sue' at o-fh facesa—n-t-be 9A4e9(1A P1 �� ( A pope t the �. f �` a 6 n art (s th nn1 I f�� o� s l - �� he same Sim �\ - �9"f"Tam�� 1"u�`Y�� i "�C3'F�/ W d' ��. the Gl� same -time, �'�rU`�� t o-��7'�`�-�i Tel f":�.'-"I'�� eJ �: u o e same , U'o � r-uottce a 4 Le nr ; ,ore than4 -t -ft *tr —(24) is niches a -part, the SIGN area shall be computed by the measurement of on -e-0-) only the larger of the faces. For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart each face will be included when measuring the area of the SIGN. For SIGNS attached to BUILDINGS, all SIGN faces shall be included. C. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Height limits for SIGNS shall not apply to flagpoles. Sec. 23-4-120. Requirements for setback, offset and clearance. A.� �� Ib �,� (�'� f�� f� SETS' •� -� � �` r r/�-� �,� � � r� � � f 9 (= r� � z �' I f�, In 11 I'� � `�'` '� � � � � 'r��a , , If � II ,�, �' �� cii � v° �, � � p' �, (�+ r� � � � . �u�u e' d F J9 for el R- temp G �t Y- a i � t=°. -E � i e'�1CND L Q '�.d4 II L a t I J aA ,C E L- � c�� s s" Ill u-i , C. a ≥, p �-1 O;I` t-� � , ,r -b �,�., (1 Q) fee -t Y-- -1 e _ a i. h --9 � .---m n The E �o AC �'� a R - d- FF S i�-E —Q4 C. T 1 S- ' S-4 n-= h -e �Gr e ,y'� t r�z h B p;�ye� pan 4 _ -f-k _( ,fir r 1>� the Guff -sift -or � a ST- E E I _ o � 'aa tad i��,'-1if �t S� c�'ro�I'��'�' `+,a��il'� Y �� 'u u v�s� � �,: �� +as y �u o u ib� e � � �'>�i�':� t � L.� �� AP � f R -WAY,w h1� o tt-u ux�-0 Cor'nM�/r reed 1r s si a ppe � �u shaoi e '-�ff-t ;6 STIR R E 9 Rcgil_ i fi-G-H `"1Ii _ l'f �, F�'a I4s P n I�= art l0L' I _ ITfI II1I (f. -1 'I U `a' �° G"'�l '`,, �`"I ' a � B ( ti o �" II-N�'`� e I 1 6" r' t c iIJ•'�"n �, j"r'a y�y,-a ° �,f IIJ h i 'M'�Y--T-BACKe-r-Q-F i U leC u u '� �d d � 1 6 h 'l uri u Z'`�-n e f� �1 0 bj! l be S U V e u 0 a 1 9- ( v e e t fiy `r. PO e G p rc Lei r Yam 1uo 't pal ce II R I� �' _ -( I R i IIL_+� ;r� ( Jp'r I T_ C _ a i s �'y p' a P e 9 e 4 p° ii r ,s �f _ Af1}J,� ' a ) i`V-mgu h e u i u a `e u ufI2l�rd e '��-`u ii'il�'-'SU"r R' v-R-llQ �'u �dr� Y, U V u`tiir+ ; � `1 �iu`�rte ( S� a if feet, or on-e'4-)-f@a t r a Ah nee ) fte' t hi ' 0 r ev e a� scyce r ever is g rR024 &. The--S-EP AC - for --a '' _ ti F S -,' . D- Rp a C est CEP crR_ Col t i or future L. T � � �° i11� ;j�'� (�' 1 f� f� 'P° �� ppp l��I, �pI I� � �, � � �I Estate t � .� t, I (� ,f� s p' p�� /� r � ' �a � i� rP � � � � �j`� ar'G e L . The -SET -BAS= J 4e r ll` r� L �+ Iii J V a i E s he �a- s lr`�d - a —e st u1 16 s s ll -d r G. tkAtePriCA-1 9 • 1/4,�,. Sing c -p r -e r mop h dt e '-a-t-Re & 4 raEst _ abOV-d a ae of the Sigv �' A a ^ �� '� 1 i a1 r �" i '� ' �' rya Let r`� the o `� ; -pr -i g- e- -e->l *aI �� !�-i re rs a u 3 use d--2:1. �rais �- ,3 ti e ; 9) ti� ; v s � r - A. Setbacks for SIGNS not on BUILDINGS: Notwithstanding any other provisicn of this Code to the contrary, SIGNS ten (10) feet in height or less may be located anywhere on a LOT including on a LOT line abutting RIGHT-OF-WAY as long as the entire SIGN and all its components are within the LOT and as long as the SIGN complies with sight distance requirements, as described in Appendix 8-Q of this Code. SIGNS greater than ten (10) feet in height shall be set back from all RIGHTS -OF -WAY a distance equal to the height of the SIGN STRUCTURE. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. B. OFFSETS: Notwithstanding any other provision of this Code to the contrary, SIGNS larger than six (6) square feet shall have a required OFFSET distance equal to the height of the SIGN STRUCTURE. An exception allowing a reduced OFFSET may be granted by the Director of Planning Services upon the submittal of a waiver on a form provided by the Department of Planning Services signed by the owner(s) of the LOT nearest the SIGN. C. SIGNS projecting over a driveway shall have at least fourteen (14) feet clearance above the surface of the driveway. D. SIGNS projecting over a walkway shall have at least nine (9) feet clearance above the surface of the walkway. E. Flagpoles shall be set back from all property lines a distance equal to the height of the pole. Division 17 - Zoning Permits for Certain Uses in the Agricultural Zone District Sec. 23-4-1205. Design standards. The applicant shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT: [A. through K. — No change.] L. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 and4---pp-c-- dirGes 23t, 23-0, and 23--E of this Chapter. [Remainder of Section — No change.] Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: [A. through B. — No change.] C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. Existing and proposed STRUCTURES, excluding SIGNS, and their dimensions and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS. [2. through 4. — No change.] 5. [Renumber subsequent items.] [Remainder of Section — No change.] ARTICLE VII - Nonconforming Uses and Structures Sec. 23-7-40. Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT COVERAGE, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: [A. through D. — No change.] E. Refer to Section 23-4-100 for regulations on NONCONFORMING SIGNS. [Repeal Appendices 23-C, 23-D, and 23-E.] BANNER SIGN BILLBOARD (not allowed in PUP-) BUILDING SIGN BUILDI-lG MARKER CANOPY SIGN no ne n yesiz yes y yes-1z.ye&z no D -E aGp L/S^� yy..est F" bNl [...ECI y si a ye-ry///�}j /ate re," 4z "4O Lz /a e- rz- ye -. y� YM y�e ��7 yes !i/ 1 c b'T � �d yes/1z ye ili y-e-siz �g/�yV SY ee: 4-4 y.( FLAG Yes yes Yes1 ici�Yes a3yr fit!yes yes yes yes Yes Yes Y.4S yes FREESTANDING y v 1n ��s fi no �r� no �1 /1 n O no �9 �1, n J �j, 4yesta�T i li a yea yes/a z I y yes/7r_ \e SIGN fl y'!FICATIO-N- yes yes yes yes yes Yes Yes r Yes yes Ye yesJis SIGNS - ,a y y y� je ` s! ✓ y1 f' yes SPQ SIGN OFF F T SITE V e --Isla' J R!/ Pro V i 1 V ! 1 V pro l.J'• JJJ estz siz " v-�,k \ e z e r 1 J' VY z i i o Nyi b yes/z !Y Yb// JJV .� �s i i 'o/ DIRECTI A�_I �A{ ^IEr�'�' JN J{'/��,� L SIGN allowed (not in PUD) rec. V y yes yes \ j 1 rte. I r"- 1. rc ^ y LPs Yes _ y e+v yes } 1 b _y yes y Yes yes -.i yes c. �- R A E S -T - T-1 }ems V y e I 'i e-s/z yss/a 'ems yesiz yes!: y ye -81z yew }ems yes/a y- PROV -T it TII a L c-,21 � yes yes yes E s no Pre n0 no RO ';;e -Ia no yes yes . LTD Pro J n SJ i f e � i �' s �.'� �✓ v, ?"-8-€wr -s4 yN" �'"Pz ��7�C S t l ye -y S I W ��P Y TEMPORARY yes >'t `r � es `yes . y yes y <,..._, yes yes yes yes yes �y L ' lNT'r 'll Y('9 .a e RO _._a �. :_'a' C\ no Yes Re f rO j`i O S u yes yes yes. f -N� QO �-- ° 1-N1\ A !-rte-- - ' than . rods --, T, -n _ JE StG arid _ at -Pi -Ras -9f 'Vcl , , b -s -d -se -d- eir- > O- - a o ETA.y` _ u rpe's-' _ s -sit- `6-e}r tan tlrar'��. hi-? J' -Y' -a-l- -e-h Ta ea:- ; n -a —e-� i s ;�u -n- nry-zen k t Gt kEy±ILTO a, PP, i \ BSA _ I; rI`� MIIR A ricu It 4, ' e District �` �(r '1 1 U aka n''e^_ (� - P �� r4ta "�- r 0- t - "q� '�,�,+ � 'l, !,�'6�' 0 �J c� � ib 7 B '�.d � R �� R�µ�7p' u � l ��7 y...!��q..,.�� - - a -1 ..�'py�.� S�y�. Cep-' �L rie 'g II4d a �RN M �' 4J Z1 Y 'b 2) M.- -I ResI Ze-un �-a-- " -r -s-{ v a Hr onsitvSe ail Zon-e-istrict --5 M Rdt d Residential Zon-e-District -Herne Estate Z o p -o --DA-st- t ib Neigh l``otrao d o n [N s F '+ems u 9l ! i da-Zak' �+ c. at -2 General Commercial District -Zone gusi-R i pe District - - mercial Zone District y-Ge ti4- l —Rd —us —trial Zone , i I ._ e\ i �i. i m ° rr�,o a I Zo nib s r i .I 6 u t tl -n- bF Y 9 �sd `+� S d t-3-14 n al u stria! Z nearie -2AN--ii INS II n-sti- a �_ f�? al - r, D .C HI -Erg r , Q, ,�,CF M,T F F U ('I I IILBI (LAP � f(r�� ` ��1 �I�p �l t;1 - 6 1 `ad' : ! bd Ir�'�s' 0 'A.d' i' , `may "�+ a u l.a ' , 1 u II iirL- '��' t —G' I� �II I j LI C I ] 0 A ACW -F n- i " l- 1-- e laisice+ J' i ' r a� g 9- ne � iL �Fp, m e t (?±L, � -S-al (-�ja, r ;--s4sn41r _ t shall '4m 1 ri-t- "^s Y tl ''� p "'��I 4 s t ? -be `Sap av a l u e d -v 'u 'I 4u ,re+e —E l ll \b is o t a0'�j�� iv- t - e- -b a C+�i a an 0 k/ �„�.. Yl'- Such �JA�A ¢•r^ t- it • .E oY app'0 o a4 en V S Y d 9iB Ig ,N;Z ��tl\ �V t�h-p-r1 , S °v-r� 9 T �yl \.lJ @A Y mly-w-i i , NO h a K.11 ne ewe S u .ts; Y -E S, No CGM L ' SSAG E of a n n a4%o ed--e SAN 1E A BY ZONE DISTRICT AND TYPE 4?Y >� • �" • S' '..' "%/. / 'F N•i O L' .• �Y�' S'i J ''' ytil' f: Y' : y r � /j .�?4.'Y3A1 e :.- i "i'/ .',YJ%Y'r2: rn!r{._ r. sy'�4:.. .,a /n r U 5 /J..' jrb - { 6'.":Sy TL. 'S R' .: �.,"3 /'.'d.' a/y. l ✓./. �d " '0 '_ (�q��'�.+if C - ', .P-Y:aQ� .�"` V '�.. /i A 4. V - y� ,•�� i.1C0'�1 'Sy 'rC ...�.r � / - F A'.�Y. % ; / •///"r; . $s .� C ypy xY/�. d"r• ��v. 'a9� yr' v -.i 'r� rs� 5.. •.ry. ^ems -., e< 9'a>Ti, @'� 1".- W/!'/-. !d- ,Ru"f(�!�'at'. sRr-+.. p'.mgg �g }�gy «` p@g��q yy '..,%W, r' J' � •s"r X i✓ 'H"!''ry. �;'�l-. :+� .' / .. e'C>'? �`:5b'" .. ,. B�"/; ,d -, sE'VL...9b .•• -�. / 1p:: <. 4[. ✓,:. /: w:xttk' > J' .. ,,. -.. Y%F. / n .,- �. � "; e /.. .ener ... !.. /k k•,d - ,�u3x a� '. .' - r r. .. ..p Wy ., ,.o ./.Jx�.lkil RYQ�.'"k'r• rg� ..... �..... / S .r' ,, .. i -�d.' R.. �; � .. n / ./ ..., ,: "-: C� 9Y -F LIJ..�" �rl'4 �ry ' ., r9 ...F / `: • ' " .. t /�' r K t . $��yg+?;;. �:'.��.��YS 99ff}} 9'pp ,�y�V.fY fix_^•. gg 9;j A(i'a� �, %S'4,f �,y63 d wj/✓k'� s g..- /. Hs/t/ %- ,. i "Y.� �ji}d. '..,�N } ! /�Y•":.. / '� / ... .. BANNER SIGN 1 ZONE LOT 40 sq. ft. per BILLBOARD (not Ldirper ZONE LOT. No 300 sq. ft. 40 ft., allowed in PUP-) wLLDOAR eat d-- s n 5 0fg -co f+ fre-m any other Of OFF -- s -Y oI Pe I-` NAL c. f+ -U_LD-I N S d 3 No limit On the N- e r than-th- te-p f -h -gh I L D 114 -a g ►ve-n--all, -sa m e-f-al4-B-U l WING -e -BU SIGNS which require a p4n-g-p r-mit net exceed 8% of shall wall's sq. % -that tUI� o KER I BUILDING 4 sq. % per CANOPY SIGN 4- BUILDING face 10% of th-e--4Qrtica! surface of the canopy or 25 sq. ft., hiches is smaller DE 1-ELO ANT- -GN 1 PL ED U l C--& I - 150 sq. ft. all C--& I - 25 ft. all Others - 8J' per -N -T ether zOR8-€ - 32 sq. ft DEVELO MENT, Ill-i-n Gr=e-r4/1-alar Su h ' ik4-i- 4 FLAG 1 ZONE LOT -R, &-E - 15 s -q A, R- E - 15 ft. per C -- I &- IN : S - 30 % - total C, I , & ii 6Q -ems , total FREESTAN-DI-NQ-Si - Pft4 i i e' -r---Z-O- NE A -- 16 % C & I - 25 ft. LOT.C&I , 1 C&I-150sq. q. a INS ----6-€ -- 1 ZONE LO --T1 per ea - INS - 32 sq. fr -50-0-_,dit --rea - per e o :--e-f different ri g read per -fro nta which , -ever -is greater.* ID -E. �� -SI- -.AT4 I, .ertenn-t-located �6 2-� f'. -f. i-th ...+ e -% .•� C. J "` v E.�f� SIGN. � e a u a J � rif a—aseEtear e DTN WaLge DENTAL SIGN- -N-,44 -NM NIA 0 - C, l 'a A - 1 r-7 C & I _.. sq. f. C; -I -- 40 ft. A---140 30-0 sq. ft. A - 30 ft. =O -T —IN- igneThSl 1 ,1E E -F -F REC T ZONAL S -G DiREC ZONAL i- . al�'err�rs ea R PUD zoning) shall be located -less than 0--f "- m-- - . o- l er BILLBOARD or FF_ 9TE DIRECTIONAL S l -NT -G POLITICAL SIGN No limits [No limits No limits E 'per j�, _ E STl I ��p �t1.ry��. � .,�q> �ec--- c s 48 I� e� �. �Y�]+f iM a q4 i . `ed' a 0 1 4 P ,�1 a, � eu b -•ems i e 1 ++ a tl 'E i�li� Tag-MaTai . o�J� 8 a 1�.- 4 J ' V RAL 1 '�+ -Y u, . �d V 6 . �} �-Y ` - sel /'� uws-1 it Q F Q 9 R r N Sr 9 �C.A LJ �/ .� � `b-'� ; T h a et � i�S.,,.."^'�a tl ra- 7 f� Q � II c(�f�-�L,{�, - �( �,1Pa a e s ��-.�" ti ,.� ' � v u -Ho 370 -t.a f. �i spacing &� 1� 7 'v�,s� 9 1 II 9-� 8 7 ��a=++ td �� -n. ESS-D-L fir' L SIGN 1 & c t - c—ZQJ E L Q T p , � � �� A JR & r, k R &—JEE " �S . 1-?; P QRAf Y r2A , ` ; , X11 i .S. ki I- ] S P2N wia. -NRA- 'k. k g*'V"Y�'�.s',�-`;�-U-`v� '�`tt/'�-fin g-te-t a ' d bra &cT If AA a VS e, Wri �aG Va le Y Y `- Yom' Y J ? , ^��I �_' ggi�p B A (1/ o .A ��,,}� - CM1 1r i� a r� �A�1 y'1 A ��q� 4 /�!I n -e p .rte ��! Q.Y 3 i-. V 1�.�' ms n c iy-8 'l,✓'Vf tip: d' h 6 h� i S_. I' �� ),L��],1 u j -te4c 1-� t yi-e-n , Q '�. , S�q f'i p •Las'll `+�+!'a �. �a l.+! �d t I e i'�a t�:�'`11fb.,.�` 67 R-3- d D s i R ern 4 Y 1 tl s/ , y aSS a Y R_4 h n-illy--ReS ntia Zone D- "t -5 Manufactoiad-Ho e Re€ - e-r)--i-sticiet - — E Estate ! --D -hone re-c.�4st Generreal • ri-Gt G4 =-- r -.-- .-nom o C=4 ' 3.' U ` e r t- rt' D —i-c- a -mPQ . . II_i DI d' . pprf Y ZG_U_ n e a o 4,2 Me4 m--;ln rustr fal-one-District - � industSf tstrict Heavy op f� ��'�s�,y, IpJ t if�� ,,7 iy� �e �u p �� R C Cpl _ e �� pp (' , i�`J, '� ,tf��- II�� -•w r J�, ��j(�� 't�.' R; J -{j LP P S D QQ Ii =ol �j jl�f L. -N ` RR -K `'�-�j p and Q . �'.iti 5 3 �6.: RE u`G-'ill-'j-[� �. tl :.te a-' F!`�U —k . �l a'r,� ,....k � ' -; t' _ e 'd— tea' tl .qr I. lg 1jge S Y` t'�'r..�r pnYY lflr-41� 0- �,+ b a J" - �s a i d'a� o ('`�' i c a t. .x..1 d f va`1` e "�: d� u o� s g--- a he under;'TIE U S � C1 i °> e�s h ®M it ," .' p�`q�.�. 33 ,/`�, .f� t. G �rf'�d ] d n i % ��°h 'L1' f�+ Wit, 10 +'"I t i ^ i-li '{ f-' �4 �� Y e a�� IILJ �a n byes d Hint -rd -L bde? +w s a n 'mil' a +m i ha a-' a s tz�a g�a `Y I a tl d - frontene, they may not be -gm-upe# ItiLRMITTE7 Sackil _ • 0 r / % 5 Yi '.�� JN•!p� _ 7' - f � t S z %... y %N iT:., /// �./.. ,Y / //.v./l5 1' .` a § a r J a a} no ,, t ' Rp'v, ANIMATEDe !-eaa ' '� --'u b`S„�� N -'le Re, e, t . . -rte r s G-* f ,1 -�1_! n a ` p q�q+��.} ft m �3J�Q'��,/.�f' i Q CiC IY! e V„..1 Un- ma -ti -o-- d ' 'f� � 9 AJ IP e Pa rfly:"''fi'�'P ,tea Pre 1 4 `L yy Q� ' '} Pa y p � -e—s ./q] �'d�/ Vag rc� s `q'��e. 9—'d 7 0 4.e' y,„e— 5 J �d .w �4 ®,' y �Y V� km Illumination, yes yes s yes -y yes yes yes yes External* yes yes yes yes yes yes Illumination, 14O ne no no no no Re no no no no no ne RO n -e Exposed Bu-lbs or Neon A R-1 R-2 R-3 Agricultural Zone District Low -Density Residential Zone District Duplex Residential Zone District Medium -Dens R -'l R-5 High -Density -Residential Zone District Manutacturec ome Residen is Zone D S c Estate Zone District 1-2 YES Genera Commerc a Zone D s ric Bus ness Commercial Zone D S ric Highway Commercial Zone District Light Industrial Zone District Mecium ncus ria Zone D S :ric Heavy Industrial Zone District Institutional - CHURC - ES, SC OO_S, C_MET R ES, DUB I RKS ano E C PA PUBLIC RECREATIONAL FACILITIES in Agricultural and Residential Zone - such SIGN is allowed - such a SIGN is not allowed * TEMPORARY` SIGNS bate -. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by , that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: ORDINANCE 2021-16 PRESENTED BY: TOM PARKO/JIM FLESHER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING (SIGN CODE) OF THE WELD COUNTY CODE. be recommended favorably to the Board of County Commissioners. Motion seconded by . VOTE: For Passage Against Passage Absent The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 5, 2021. Dated the 5th of October, 2021 Kristine Ranslem Secretary ARTICLE I - General Provisions Sec. 23-1-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: A -d 'fif i 71-6�kthrer. u se Tie tl 6 o- cc h a c am+ o u if 6 p, 949 o- r ;rt-tHRa` a4 GR--or i-o LR , or th-at create a s ; Left ov s BANNER SIGN: Any SIGN eifi-ke v 0 -h ab o e -r s1 4ar m vial th f-man-arirth -m-oi --� � Lre-°r a u' l--DQ4NQ— a--, -mane -- - c ,P =it=,' - - )-e-Tere edges that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts, or wire, or hung on walls with ties, clips, rails, rivets, hooks, or frames. beams -el -k cd' _ iSe d n f a r o sib _ 0 ll Se J 'mod.' It e 11 4 e -(l E i -e-r--e--oe-- i t ss--n-c -on-the same Z rt ' or pneve. ML T- - 'g h so 171-r1F ; a& o ,— a�� v�' h e�p' W &QASD- � I! -►� : h4 P��-4 tw4e.d t� ,� �� :e c - o� --f� � s l' -o � - space EU iR$o r r coon-- b i& -stpNs 9 e -r- er-SA4e made -eft e---o-r other n e n t --IN-G--S- P GA —k- �n S-I-.��A tea- iehock-e-an-y - iaa,�`-o-��a----B ► huh Q asreeS god---a-ER'E E S- on -e - be th � 9 � r�� -�!� !�- 1 9S ?� � � �lIG!�S and -W d I S -fl - ,'-r=2 I-{a-rea --iJr-- � v -e a or - ppr� a ce-Wilcie c=uautdeo A S. -ser- C P '� E /!� pA iff /,¢4� �v° ' S �� p �, �;P�+� p n- P rrr� s� ms's -a u`lr � E r�'�'"i L E -C RICA': A `mod c f -p �dl i �i-'e V.'"1'`�-I le--ohr r( - ' ed--e-.gym `� ,'�h � P 1� 4= `r ' '�u - -- � s a4a ' efr - e Fo n 4 c or -d: L to -s a -14-t e -s 4 L' -il-a. Lit SIGN Rd-rr of a- CHAN- &W PY ,S-,-2- t- l=pru-E, -efa-r p . -G n , r; th€---o..rRiy eo y th€` has & ---an-- i s of eet i al—iil - tR-ep m�e oc rune at --tee s h a, l l- be- o n sideRad-a "Uncle ,}'� �� :• ;era, y y i� (( ��' r �} �I !! � � {�� I _J-� E 'l � � �� I r� � � Jyy � • 4� Chapter. �5 a n pan ;er -�.r 1�-,j P ,--�a .�! n o, -a--- , -P�- _ c g� I GWoHau-rpe&e s-- ,4S ne desr ' n that, d1-i~F&Ctrd-y-G44 vi ru f, names, ae-ses aH-s-ms=s-snr ie-n-- --of-b , _ KS -wet s r fi.oe or e h -e -r- -E; -.C1-A- -- et - y, DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from vandalism, animal infestation, or lack of maintenance improper or la tc-of c eri cc ui , va ti! - tl sa h ver n r • ,may Jr .. .-< c- :i . P1 10 a - L I E =—S-!�--r- 1 N G S GA ma i- LoTh.-STS--PP, P€e e r assoc4 i ; r a S 4oe--a- e pe ly '. ' qy - me ak rss-a&see1 t -4a n. - --S--G -m ay co -h sa a �=-tr-gin of a R=A —AN ;' U NL EVE LOP M&N r B4M -O-N—R N- P�- f-1 h � (� ,�( � u� , � � tr �4 u' c�".�' o � 1 � � � r � ,o � � A �� . � � .� <ti ; a �-� ' c� s ! � �� r .�� ; r - a,, i nc I u d t mes o s--� ,o- � S e - -n `afiu= �E N-T-�o n4 - h -e -a' VE aq-EAL S 4 ELECTRONIC MESSAGE DISPLA Y:A SIGN or a portion of a SIGN with a display surface composed of light -emitting diodes (LEDs) or similar light sources and capable of displaying varying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. FLAG: Any _ f i-c, ban -Ref -0 r n i-n-g cc �-- 1 -i� -t rte$ R -s --e llr syk I t - •Pted States, _ the S'ls a -1 , t e ty 9`re q -n -a -t `u'a-p_e_' _ X41- PR -a -ti a t i o n s _ wi. a the-` i-V` 4ee at`U d- r e r 1-6edr-oar-s�� e e€klid;-- -- - �o� is I - b 4ry-eliapo-jurj 4i Dctio-n--T-he -e-FWG S -W-tae-f o cco c a g.4;hri, r -�l4 �—� b th --.-- l- Sy the Lln1 ad es -f tie -Stars and al-aRy--L-AG-R tee-tiu -g,A one--t-r-tie e co aped -a —NN R S119 -N -a ha be s u4 •-eet to - e u =-ion as 5f a width approximately equal to twice its height. FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed on, eJF and anchored in, the ground and that are independent from any BUILDING or other STRUCTURE. Dees pre!: ek de u 1-1�'� rP 1 d� i ii 11L h-_'_ - -v �ET r \ ALS-1112-NS. Any SIGN made of fabric attached to a pole and having ID �j �'NM/4[j . , ll- S ((`� D 1� Pry - o+ rte. , p� f `l it n ''� i �' sss-an r r�rc, �� a�,� u -L- 1 u �- � a/ —r( -U J-lid-l��i� ':�u u �,�11�5�i u a L � � L � a x� e� �� V-V��an'l� d�� d�i��ll�!"� -�`t�: paRct. E •I- D ,per -T -AL -- I19N' tl M f�I� _FF�'�� -p� \F M�� Jp� f�f_+�.�`"+ p t L� 4G t F' ?� -OP *mil ll V1r 1 � � 6,*' a c"-IfL�e.1-"u t� g�� , wit h-t-h-Gi-S,laq-P-I-t-ofteadag- o-aoP�dr-f I �d , 0P POD y SPP PPL a �� Iy ,PB IPA sealed-aq 11 II -ee4 tl e USETet-the EO,ee ote- rn a--p-eai-o -off-the-LONE LO 11P -EN -Tat eva-NL. OR NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this D1vis-i-eg Chapter, but which was lawfully established prior to the time of its applicability. Jo S c i, y ° ol- c 9-re-m-ses other . h n -h - --ucn wwhish-the g ae series--or4w -i r -i nng-ah - iSS-a -le atS , and gw e -a4- tl-o-e-a ss to where, how _ that- t _ awe t --o -goods se -PA ac F--u-c-ad . l s wk --�- a b ., obt-Sn ed . p-r-odu s g -S a -sip _ J ,h a -s- - Paro c �, � �. o � '� �j o� yam, r� �'� r aw. � o f� r -g, �,.a� p �nr� " r� y� r/�� ; �1L , i � � �� n� �®p � rr`1 _ p� rr`�(`� rte) , � ' �• `C��.r-u4e-V""u-ge- �� ! -u tl aL - �Lhi- e '9P e �� wile of r gh-�ll-L� Cos" e eV h r -P 6 L &tea ��'l� e J u e t sa-reio- _ l' M \, p 1 - mot -o -a- ice o� -g , gas, repat e -r 1-hd g h G he Pur-u Alas c , .ra-b-T4G-ar-o th e f p4a4 IF. A � he "ic- - r nV -‘��''�4trs - n @ n - -m-ass g any _ kind, sus ' led --f- G� ropc- , w C p r c -e& ed to -move i-n h -`s-- ° J -r c- PORTABLE SIGN: Any SIGN greater than six (6) square feet that is -•J et , -car- e-tlar chS-; ice g;, c P, a-In:t' °-CJ L -E, oFa-C41 designed to be transported, including but not limited to SIGNS designed to be transported by means of wheels -S--Garrw d t -A- =T- sn-y-a , - a -K. -S; a b-re-4as-used-far d and S, _' S-at •1 d to + - ANAY, u-l-RQ s eA-G - 9 Uf34 bz `s s . es e onh-e �•su4a se o -s L Q - a d o, Y ins s p -idcedend- "-isib °e--frnep- -SLR ' u-stam -r� -�a-s , - n • r?pru 2- da-Irte �'pa�a --e'ir tc PRQ TING,-S41-,c J. r g f ixedr ; erpec '�i-c Pu-�h . -��-�u a da � � a -1a, �'' egg d mar- t-han-si- )14 a s 11. C motel e _ Fe a v -p -e of L rt4!!X-G--SS-119- or I T ,� DTI �GT C \---1 asat d en r rr -i s- r ---ore _ r 7, o`'il L= a •+1 . Jn, J"�i" a e -v, u —� d !, , � �,. � u u wd � e r °' i s 4 w. p dJ7�P ` ..' e- .a°`4rff-V'�,' `UT' '. r R ' �� RES-u- e r coo (' a ctien e -r b e con€*UG tt - C r 1 W- FS FHB w Fad, 6 �1� 5 Si'ti d v `t o u J u hri tlea u'�� u 1 c o d e� t P V n-ot � •, N -ed - �- S- - 4 & as i F8,-a,,�-�-d- ��-�, e -n � la-�9- r5 s --3J ''- ,-ate ��..s - o i �-,i J, �; � -11— 11 _ S-2 N c o a sh ll-(r- c Poe-- l ' I , d � �-t'- L , - Q ��i c n h e S! A O N tl gave en— 1. i P k lises S -�-N @ Le ti e;-c�-g COQ CtiOn S• h a1 = =---d 9 � r o of off eta l recording -of -Me U--B-DI-11,N id e e J with i-nom 'o (° r f rn the -date -of th- �s-6 a 1 of the d i r e -be 6-11-6c-,•�-g- pe rm i J w- _ 1 G� -° f _ J� �t`_� , m-I.r4-,' r` th - 7� e - .� -J �J � )-Ep r wee n t 4-, �� TS --an-; q/19 �'1 o f - �� the -S- r D V -beep— 1, _ �� ate/ - s v� r-th new -i �-e--r s , - S � l -v-& rkt Re Re —co n st�-c� n ma -b 3- d is p la F� br : ;, -ef co r 8 mC R and s lei ar Tr Gw —u-p a -n • r c 9&G4 C t' x,739 + C 1 cQ ref -{P_-�__ i 1- u u o rs z 079-11-1/11W- 1r„� i -kip a v e fee o-�---a--s .r 4' to of o-esta� pan cy or -�� , r U Y oca red i n-are�kS r �1 --Ss n �-ia-1 U -SEA -that co ;-i s �r ioc �J d tl lam' ▪ NEC UaGial `k,/! Y9 atcd' II O�li g-fia r woos Il ea _ rl( 'v/ II r1-11 J' s d oapr- 0 Y 0 5 s h& e 1 9^N� v GNi-Ni-Gted _ EAG n 5 Pa tS 2Mq- - y an a -- a of --.ate-1-L -- u u rtee-e-y- e FO -U a- �Tlf- h- l p u 9r ' -tern-di-R-Ffs tb i o c tre -re—h g -he s n-idr r ll • a n " `mss tl GetIc S U iCaa e ` a e --kee -�� re-r-Prho � &] s -h -a11 -1--i n id Ferri --L s u E aces . SIGN: Any object, device, display, STRUCTURE or part thereof uated _ ou-tdoors ,,.sfli'� ;Q Sy , d - rQ Gt a t ��r '� . r 4� r rot, s e ��,�` ; A A A lr'uft `-1fl ieP T� o u ��V�v L ! 1 f -nati o n e tt r, weird or Diu mbe= , _ p i s'e Qom✓ `49 • s E L Wd tl-ddedes' _ La !t 11 ) , p ] lSo, eLf J ont-a a , •0 so0 m, institution, oIrki ap EU['-ati'etl 6, n€ . - I I�. s a n y/-1 4t t n9—' �Vy d � �L9 D� � V n r 1 r��"'- ° s 4uSg— M u $ ' Fes, o -," vn4 J Y ll 's1— �' L a. rY l U 0 lr' Y A�i d �.�rY d d J Y d design that oonve-ys-a---Pecogn4a"!b mean-ing, identity or o'issnctio) or a -r y Yoar-tt reof, — it -� ---e, pro]eoted p n, i-iIuminateo, printed, designed into, cons4 uGtder 1 -e -n or nea-pa BWL.Q ! C ea a--o-F-"u-aecHa y -RE- - • j ect or c e 9 h tse-ev- f k h- a -s n of r-4 a , le -Gat -ion, man,-YVsr1 �../�Ys 1a 17 Ha7'!s'tlr, wVrt'\ f -g ereVP e-ad-GsCgu -r-tot! he ts' aLtPac6s- r is d,.'d7dV bL a -t G6 attention to the su h " -- -o r /to t.n*ss--�u- -n wh-i-G it is as e s used as -a --means of -identification, a v-e-r-Use-ment orann-e nce-n e -t that includes (or is specifically designed to include) lettered, pictorial, or sculptured matter that is intended to convey information to people on a sidewalk, in a parking lot, on a PUBLIC STREET /ROAD or other RIGHT-OF-WAY, or on nearby property. SIGN, _ F- — ALAny S G N4L.• ached to, p tn--aF ractc'd ag4;-, th e ti efaW h e -arnQ n✓eji 4th -GNi s ra I le I to the plane -et -the wall -an -di is wh oa l - d t he wall. e us -for t -h- s t ape of S -N o y-i °-e--m -t ri a H--i ec s y-aa- t-d-i e by to the BU —It —DI —N _ fascia or ve--a--r-4i-d SIGNS R U --C i W -RE -a ma n -- tyh o r ` F �,�, '¢+��..��;._y.},� � � � qja• yc/�5u +,1r/�j T ty- pyn� ryl./p,.. y ..,1., (p,��(ory `�y�yyy r 3s _ n b 3 e e i i i at ! d i-a l UPENDED-SiGN A Si--h-at-4s suspended from th °. - -r a horizontal clane su,aLf and- Ba; R-ners, car v s---o—an-I -er similar m - fir('ted y% fC 4 ch surface. CeR s '� tip'G e � �`-`'�J-�� tl ; gr +�i cam+' �� u Y .d � a a' ` 1 � 1 i t..+��. �J ��'� L� 3' Se 0.9n.. fa&&G ` 9v h ich identify _ the--caRtr -o9a,n--a--, re. ct on the "far sate" or "far f ar rent" ° Sfaz --in-n-g-th-ab- -ro e rt y or re s i n-ee f- a ie or re-nt Co $ ru cti on --S SN S, "for sale" a -n -e9 "far re n4`" SI ! s hal °--be-r moved upon completion the project —of 9A dct e Sod -e" cid1- vtoia_GALLfin &U t � of } cted G h-eQg tiara I to, but within six (6) i s -of, a wall, a l4 -owhe wall and co-eb-i n the i-rni -Pf-a-n-oe-wal-1 of any l -h D'UN or S---� R U C -Li = -'t - 5 ` ir�r 1 r WQ-B,LDINV _ " or �° �7 � � � ��1''Cvr U-11-'Cf'.� �� u e� u a-`�.� `� 9 e o surface. nsidered-a--t pe of B -U N-N!G- -1-2fl CT��- endwh h -is- -I-a-- s only e r I��' t 'fP O `�i '✓ S / !: W ! , �.Jll it V , �oii�l-'4..+a , -fi _ r Y� ! } '.� d b d+� n ta„d d d t e ¢ e 9 e o f , +Ss: �-i-� d �. o _ t er l+-"� n u n i c eb.i�. In f o d a Y t pr- i "�"'�t-.a� s an a Si v I t y, b u s'V n &s3— .`"e d i Y m od ity , e� n4 &s r a J t Y � �� _� G1i� i ,^��`�' i - �A V b"L% d} a r upon the wi--n-d 'w -pa -n —e€ s gta -an-d- s-vtsfrom the exterior of th vti- - ZO- —L-O T: A parcel or parce Is-of-land-i n s g -1 e o w -se -r -h d �-- -� t. --a single U S. - u Iti-, a -hIsa say ! y U ' _ ,s E S within [All other definitions remain unchanged.] ARTICLE II - Procedures and Permits Division 3 - Site Plan Review Sec. 23-2-160Y, Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: [A. through K. — No change.] L. Ad -n--doscri air -n‘ e e e n -age, drawn to an ° p pro rate scale, w-h-c'h—s-h-all incLde ee-fi r Lin-s—o=tthe--p-r o e S -°G -N —a - d S -I -ON STR °h-- E meth —o —of C0° $_�g��t_�_p}_?��p L tta _}.��L�Jyfp�y2;�y�� -a ' �", �. �� A S'�' �,�r' round f�_ t l�A� n7 1�J°�Y+��y�r//�'��;}.,+��yy _ � ,'��' yp•�? �a��t i 7$ � _a`� Y`I� tne 7 U s 0 c t Y Od ! �� tt P 1 D Y `yi Y !- o Ca"o4:sir./ '�' li�iI 3 i�! u n 'ti7 . 0 A c 4,/ 1,V ke �7�6. i Wn 4.�: 1 1r] 4 4.P P�a-n -o n e S al in- p,4— 'e-pvr-o ----- e S! --P l -Reve;- ap. Tpp-a2A-Sh- r Y -a u )tl sr -a d-recek - proposed S Y m- 9-S Reserved. [M. through V. - No change.] W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: [1. through 9. — No change.] 10. All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. 11. Tie--1oc tian, din or:s - n - - g-n-ef ny existing--and proposed SIGNS oche site. Dist 9 -Fang LOT Ines shall be Indic-ate.dT [Renumber subsequent items.] [Remainder of Section - No change.] !vision Uses by Special Review Sec. 23-2-240. Design sit,/ ndards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. [1. through 11. - No change.] 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 and A di-xa�' C-, 22:-„ - 23-E of this Chapterru-nless a waiver therefrom - est in the a -p- tka-n d --need Hy the Board of Count "f rt of the gal --R vie � Permit. Offs€te SIGNS s,' - l-i- Abe-! -r- itf khrough4he L knit process. [Remainder of Section - No change.] Sec. 23-2-260. Application requirements. [A. - No change.] S. The following general information shall be submitted: [1. through 14. - No change] 1-5- -pew fo.iz n allation a -sired SIG-PAmowing the stanthr-d-s-se - 2`�---;-rticle IV, Division 2. [Renumber subsequent items.] [C. - No change.] D. Special Review Permit Plan Map. [1. through 4. - No change.] 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. [a. through b. - No change] c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: [1) - No change.] 2) All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. [3) through 12) - No change.] 1-3-) The location a Aes en. in S-tiL egS'-i` ing g- -pc val. Dri ta-nces roe p -p , o b. [Renumber subsequent item.] [Remainder of Section — No change.] ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 2 Signs Sec. 23-4-60. Purposes, intent, and applicability. t o n c o u `rage 't 1 e v .)---fl r.' .o f` ale143, s means <� s 3 kd.%3., 5 � SJ'�.�' '4.A Y 5.✓� 4�l'h„,c a.1 a gad' o._+ @s v 1 Ham' ��% a 5,, im t� � -f-oe-pir-i-m ° - - -a ` ieri in 6 i , 1 o ra to d _ Wo,d-CountsY.43 ma i n t a in-- A 4-ec hran c e the s j -r o-rs- ��.�,u��a, �''yf�a..A � .,�' �aA.�IL: _ t � � r= s~' k" c9�,;�, ''' °''+ � !�+.� q�-,� �.'° i'�,� lLv.,�,�o ,°�.f�. Q , r� r� ��.v�� ° ` @ tie _ a s��S'.., � a � 5�rr� �,�`. � r (c� +�� rr��y t t d 6 4 a,�41,+�' �E a i 4j o— a• -id so �J ids �N+'tl e `+d 8 1 tl A ! id+ 's� e �^�. �'! t�-'E n �.2 at,�3 Sd � i� ibpi 1 E ro-lJ --,p Martel Y i �:sl�.n a yr fac saif �, o- Y"s� m1a Yoe � s" bse adverse effect o P2A � ➢ i nearby-p6I-'��' He and p4vat rope ° -to e in a b -1 , -e `4 and c i n sa .a , ,e ,r ,—mot. n e '" �� -se 9 �''� I rte, st - _ n Mace �.d'' `+d� s'�✓ 'Ls u «L! eJ a s +.r 0 '+.� ;�+'�t E a •a �v.� E m� �' .� t` c a `c s .� o� �� !' s �.va -�S '-1 a +�� r a.,.. e s p'e1'all , r i -_L_ u I at i O n s set -forth 1 "d-!' i Rel-ed-4o 1. F stabli-s-h a-s-sPrte-.a I I oW-3l--v 3Hr4e; . -e4' s s4a4pof \I-S-i-n-other zones, sub}e -o the ac8a d:s and the permit ilisrcn. C). of Sd it �S----4-n--eo-m-n ,-e-i-&I-244d n ' -u s tai z car es and Alovdt-- ,a; —S hat a -ma-I I, u -n bru s� , and i n c id e aI-t-o-=; p -L c i , I--Uof the ,► e , t- -l-S °hl-old-tney are located, suaect to the substantive re ants of- u�L�a-zon�n u h '��l�+�k%i �l3 ��i—'iS m—iii—h'�- r'J"d'-'�✓ ��'''� a h a a✓ Pr t t e»p, r � N� � as �� Div1-6-1-en. a d o h i b� ��l--�i-��-�� S not �..mss-i�--��-��,��d-b�---��-i-s F rovid--enforcement of tno p ions of -this D-i-vision t.�-o SIG shai--be eFoG4 d , placed, es i h _ d ga i )(ad, c �r ; ar ed--Gr i-p-e d in u n i-nco, p ate-d-°fie- t°unless it is in €orma-n e with the- s aci- ati—y1;ec ;res, exempti other f�1��wai—n nt5---Ofthis J i / - A. The purpose of this Division is to provide standards to promote, preserve, and protect the health, safety, and general welfare in the unincorporated lands of the COUNTY. E. These regulations are intended to: 1. Encourage the effective use of SIGNS as a means of communication, 2. Protect the safety of pedestrians and motorists by avoiding excessive levels of distraction, 3. Maintain and enhance the appearance of the COUNTY by avoiding excessive levels of visual clutter, 4. Ensure SIGNS in unincorporated Weld County are well -constructed and maintained, 5. Safeguard property values and promote economic development, 6. Minimize the potential adverse effects of SIGNS on nearby public and private property, and 7. Recognize rights of free speech by regulating SIGNS in a fair, consistent, and content neutral manner. C. No SIGN shall be erected, placed, established, painted, created, enlarged, or maintained in unincorporated Weld County, except in conformance with this Code. D. SIGNS erected or maintained by the COUNTY or the Colorado Department of Transportation shall be exempt from the provisions of this Division. Sec. 23-4-70. General provisions. iSfik3N-S-s-hall-be-p-encr-d in the \,baPi- - z i i- ati-stricts eG 44g ' ;a' - ° ati o n s CO rl to i n d- n -this D4vs r o n and i-n-->a &. a3 d a-n-oe=-wfth- ---- -u - e -e n e e t fo_P4h in Ap-penth --- �` , 73=-P 1 G t' o P s- r, ��* �rert , `� € ca atr ate+ d ! c42+ EPA A. .� -� n �-be . n 9-, .; _ r eo�-e�,1-- � .- ,-- n -uSd a rust , a eao S e-Rottise-ased- er-ethsite u i e y pe--mr its from -e-g gip. ° p:-.. m s E. gUal- a A a rikl—uCe w, red, zod A i nga oval-fi e nd °'.he Col- Da -F n --o- J u P. NeoS 11 -G -N -&n-g--'be o uC d r t't -ne rt/�!}y-. ,Puna t {,tempi. hi.(��-^a ` y� E E TI / �('�o.�} {�'q� ,� t� e suck bs acs. �. A J d 3../: 6 V. 4�� 0 tl �' '!6' C '!>4' '�i�� 1J � � V� " C l 0d = o +� '!9 G '4n M i�'@O � � a �i �7 gyp + ° -,R Ar as to o -4 G or e a a-i 'z�,o -ole _ a -r �vpc9{.�� -i�- ` o kr i s t s , +o �. '��o �o c a k. he-po4 d A 6 L o �A : Iae co J o , �. may ?% i Y i ��✓ a P � e cl V Ir-th '...�' 6 h e 't7� � V �✓ A ` 2 be con u b'ebP tl V Ire u tff-i O -G N7 s ,-n -- d r ice . S l GN S located-- nn-iflasus$ ass d of thes9 �t c ii�"'�t 'GI'1 e tr i°- +�t S[Gr-N L7 - ie'1--`��a 64d -pr ,S� ]_ �cll' TVA�'f c e ti f �` b 19 p•1 p y N a A t + a - �,,- � 1- 1 A-1 a o ton 0 4= 2 a y G Fv �✓ Al �s �� c u - l- --f� as�,-de-ti�i�S heirad C. No S -I e`er, by —Fe s Arn-t-e-' � rks a -n -d hc- -o-1 rdo Die en--ag - -ati n , - a'b e ----;tea`-' control—Sl-G S� ,,; e p _ t as e s- -1 --a-U U - A --by C- Ards-Re-v-i -8 a dies algid/or op ed b 4h o°c a o- ar w constFu or- ma y e � � a-o°�°e� 09� u po-n Lh-e -,rP-i. ,.4d wa-y of a-n-y----oou nt�� road g w :� ° =;r -h- ; { U (N4 Y. A �' A -, ' • ep B 1-L-BQ S a rd O U=F�S l T,�E ► I -RE T 04A I s -.h -1 oo d o of o un u Espd part-stdon, eehaf_S_efeiG nvor ti n-rr�s-�, Gea te- - h °� ,{� r -g-c dt4 t -- n the ZCLN E LQT . 1 Y s �; V7-� A �4.r �� l.JJ J J the (� Pd 1 -1-G N-S--8-Fe t -e lm n a-PLUBU R -WA Y by a -go e r n -m -n, -g � � Jo �-t i-li -af f �c�, � ,� � �1 �1p1 r•, e� �^ � � pll�RPM-Wale c� y�._a,,� r�� c� r � � 4 n 0K�1�I ti Both a �,I 6 r -a uccc s h a d� x pt Y C! !� 7 e—Vtia'-u�`�i' 17 o `leJ tl s 4 9 II 11 dell o o n u ;- r -awes nd a n c o rs, s r,_,,,dro-urRd=st ructu ra andF shall -be _ kept �' �l ^�I �i ,�q � �_ l� N �+ a-i P-� r(?� f�l 'f`�� r s � o o � -d 'a r `v i s a —'a ' 4— � '4- �� n c eti . ' t P _ UC T' 'SK,31M M i-beI �P��i d to, `� J- - i ' B"Pre—di d a p ,�9 0' rLl s �:- 1 t e m �.t b l i she! �, u � i� a e u - sde, or P s-hal- removed a Fo e site, A. SIGNS and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. B. Lighting. SIGNS that are electronically adjustable for lighting shall comply with the provisions of this subsection. Other SIGNS shall be brought into compliance with this subsection when any maintenance is conducted on the lighting system, including, without limitation, replacing bulbs and fixtures. 1. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare. 2. The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is visible from any LOT line on which the SIGN is located is prohibited. 3. Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three -tenths (0.3) footcandles in excess of ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall not cast illumination at a level exceeding three -tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. 4. SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection. C. No SIGN shall be erected within or extend over RIGHT-OF-WAY except by the owner of the RIGHT- OF-WAY. The COUNTY may remove and dispose of any SIGN within COUNTY RIGHT-OF-WAY without notice. D. If a LOT is located in more than one (1) zoning district, the more restrictive SIGN limits shall apply to the entire LOT. E. SIGNS other than FLAGS shall be stationary at all times. F. SIGNS shall comply with applicable state and federal regulations. G. For the purposes of this Code, PORTABLE SIGNS shall be considered FREESTANDING SIGNS and shall be required to comply with all applicable regulations. H. The following are prohibited in all zoning districts in unincorporated Weld County: 1. Searchlights, flashing lights, mirrors, flames, smoke, or beacons used to attract attention to a business. 2. Flashing SIGNS. 3. SIGNS in a sight distance triangle, as described in Appendix 8-Q of this Code, or any SIGN that may be confused with a traffic control device and/or may present a danger due to its potential to interfere with, mislead, or confuse the steady and safe flow of traffic. 4. SIGNS within five (5) feet of a fire hydrant. 5. SIGNS attached directly or indirectly to trees, rocks, or anything not located on the same LOT as the SIGN. 6. BANNER SIGNS affixed to CARGO CONTAINERS, SEMI -TRAILERS, vehicles, or other movable objects. 7. DERELICT SIGNS. 8. BUILDING SIGNS that extend vertically above the highest portion of the roof or parapet. 9. Any SIGN not in compliance with the provisions of this Division. lb e o l�r'J J7 r o tl �U 11 L7 Gtl �L1� o F �rr° �!/��,� ag+�g s e �� p•�'q ,� �..y�pL,� I��J��,�,J `,� � i��, p�tp�� .��NJp��,,y. � ery.pp" phrases u� ..y tl the purpose e �<. Js Di �!1 is1o5 11 2, cert n \'!1!' ��'+.�a"-ad Ct�/J .JI sec Sec. 23-4-80. ` n -w -o. -trus i A. _ herein sh-aq orsandaSs Electronic message displays. Jettetrs, fig° ,� mss, t -- -e s P A be tl n tep-r-e teed Mat a o d S t 3 J ed in i ?R cti G d -L s pp �p e rP 4 p . e , �..G_ +�� h � Pte, 'f s ' �`t n d-ss; a a 4 �i ca- ached � "-a`- SIQ N- tP � e- ��! ��-+'Z>"u li u u � `� � �s �� '!�f(-d-'��a�'�c '�: u u£ -r '� J u �! �d e �-s �J e,'�� n a�� e �s e� .,� . B. Any tly ie 9 eN mil U hl'a\1rl e pr6 9 mec ! a erteu i a ,v co, Bh ar d tl—Pfiu'iaae ar , sue tl s _ a opeiRring--e-eve-er c� a' gea "- a� secu-r 1 t -e -RS -G -11 --be pro*-4J,dr I- egata r u ed42--p-rew�f °moo a 1 -hazards ` e - fru-WI . 'D � yg��`�� II °{/�p�n�a �ffl II � �.,��'��{'p�{�a�� y}J�}.,n�"� � � � i � '�"'� �v'N F ° � Yi � 5'� � f Q'� g�py.�pr��,l, ° tR ttr' 1��¢J�, fi-eg�Qy i 'd u p e r II u `�s S� II V Ste' �a Y d lC d 'AJ'�a s- U WJ '�' J es" 'fir' o h� a JPa de 'br ' i d ce Y u f' k -t a II Y a 11 r �, C ode pq - f _ R t n C B rn a r�� Q n ,� ? s d ��I cp�3_(� � 4° @@�� ' ��,�,� r `� 1 I b designed �'7 R9 �` 5� �II d 9 71J IfbN i.'+cA Il . (� �' d �J 'ku'tl 0 III V �C"al J 4/ 0 N II C�7�1 6`1d "tf "ate' J "y f•�I�Ir�'l.C-} U ��.�',r qc� f nay ,+tea , ,J,'r} o-`�.J�'a,.r{p�rc� �..4 r9 i ' ` e- , _ 1-e -tp r e—& ,� r }�i�'—$ ddr � rp �Pe i s r o e � u �G S 1�.r�l J cons 11 II S `S U `aG40 �, �b'�' ° o ✓ J �,i II m— V 2 �b a U u tl p cop— �s d' c L tl o 's r l II 0 r 'ate!! fd , J _ �l fi tl 'sy C4�f ' �dJ 'h.r . S II'J' 3 , -- b j l� � � r'� a ' ° 1 �� a` r G ��- � �'v �=a-� r o c (&r6q'' n _ , set forth 11. $YhL-q e'er Is A. ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. B. ELECTRONIC MESSAGE DISPLAYS shall not be located within five hundred (500) feet of any LOT zoned Residential, Estate, or PLANNED UNIT DEVELOPMENT with Residential or Estate USES or any incorporated LOT with residential USES, unless the ELECTRONIC MESSAGE DISPLAY faces away from the residential LOT. C. No more than fifty (50) percent of the area of a FREESTANDING SIGN may consist of an ELECTRONIC MESSAGE DISPLAY. D. No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the back of the SIGN shall be flush to the wall, rather than projecting. E. ELECTRONIC MESSAGE DISPLAYS shall have the ability to automatically shut off or be remotely disabled if a malfunction occurs, shall have automatic dimmer software or ambient light monitors to control brightness for nighttime viewing, and shall comply with lighting provisions of this Division 2. The display of an ELECTRONIC MESSAGE DISPLAY, including its brightness, shall not change more frequently than every ten (10) seconds. ELECTRONIC MESSAGE DISPLAYS shall change only instantly or through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images. Existing ELECTRONIC MESSAGE DISPLAYS shall be brought into compliance with this subsection upon the effective date of the ordinance. S c. 23-4-90. Deg n imaar-sig-n s re ug zo--- p a vl of signs Regulations on the size and number The owner, oy 1° an - s-- gg€4 t --the rnr, nc shall p 2 set fEN .an5 for all exterior Si -in -any DEa Suo 1 a -P �rl be irliu cd a3 pa- -of an -emu° Rev-ew, Use by -peoi a l evies -P , Panned-UP.'nt-a-n d Maier or M-i 4-o is i o he S: G-N4y e, size, rr sr -i , . -es of lettering, appearance 4—a o 9- pe of -kp 6unatio-n an- `!to rska be set ou c h -pans. The• i s shall be such t 'aN - structs--oaf tie ,laps k i --eow ithith the SIGN -rn-s-of the C-O-AjNT--sY---a-nrd ' i be a o r the -p -u r ps e of as° s u r ng--ha-mi o n -y na d s -a I q F s she I-1-ns,�-a, -o have -been approvedeard of Cou 4y-C-ammissioners or p an -n -rg s-�r-LA-N S -G- ° st-a-I e designsc' ncstructe—o-n rl a anhiorc- e- arcmStectuwe of the site on wh-i-Gh4.he S4GN-is Iocat d G &ally, the use of SIGN rna s che same as, o F —S o, thead-n--bui ?,d n-gnat-eri-al d on site shall oe n d to p ro-v,4e th-c- q u i red I ,3el of -d - -n-I -rm-e-n-yT A. Commercial (C) and Industrial (I) zones: 1. SIGNS on BUILDINGS in the C and I zones: a. SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet total on any given wall, with no limit on the number of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height. c. Area. 1 On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) square feet. On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to one hundred eighty (180) square feet. 3. BANNER SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: 1. SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall, with no limit on the number of such S IGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING S IGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to eighty (80) square feet. 3. BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: N umber. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. C. Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Agricultural (A) : 1. FREESTANDING SIGNS and BANNER SIGNS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A: a. Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN. b. Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height. c. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than twenty-five (25) square feet. 2. No SIGNS other than those described in Subsection C.1, above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A, except in accordance with Subsections D and E below. D. SIGNS on LOTS without a PRINCIPAL BUILDING, regardless of zoning: 1. Notwithstanding any provision in this Division 2 to the contrary, each SIGN on a LOT without a PRINCIPAL BUILDING shall be limited to sixty-four (64) square feet and not more than eight (8) feet in height, plus the SIGNS allowed in Subsection E below. 2. LOTS without a PRINCIPAL BUILDING shall be limited to not more than one (1) FREESTANDING SIGN for each PUBLIC STREET/ROAD that the LOT abuts. 3. SIGNS located on a LOT without a PRINCIPAL BUILDING shall not be required to meet SETBACKS or OFFSETS as long as the entire SIGN and all its components are within the LOT. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. 4. SIGNS erected on LOTS without a PRINCIPAL BUILDING shall not be considered nonconforming once a PRINCIPAL BUILDING is constructed or placed on the LOT, at which time SIGNS on the LOT shall be brought into compliance with the regulations of this Code. E. Other SIGNS: In addition to other allowed SIGNS, each LOT may have up to five (5) SIGNS of up to six (6) square feet each. F. Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones. For the purposes of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries and federal, state, and local government agencies. Sec. 23-4-100. Nonconforming signs. . h -I - a-laks-h- d -S -1 -G -J i-n---erg c ce e e — AO 1 re t- e-fthi- -da of th pe. n-d- cnerrt as-Di-v-i,n,HTeAcfr, o -En u n eexist-elqice sue. --cam _ te4h-e-4�� g Any legally established SIGN made nonconforming by adoption of or amendment to these regulations may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. A SIGN shall not be altered structurally or moved unless it is made{ to comply with the provisions pp " � `�._ � c 3'F t"` ('1 ' � f �`l %� ( f r'� j/"o \ � f Ir F'1'�' of these c-eg-,t ors this Code. The c-�-� - ..--��,u, ,-� 6s of n —e- -�- -g , des - d f& s{ s, or the repainting or reposting of display matter shall not be deemed a structural alteration. l USE o� SIG -N -e �'°{j g on � � , 6, th e - to of th tire pe l vas V'l , '� V a slid !" �'d V 'es -� :elY' n e^o t r �� - i r � d :o. � .�. � rl S s u c h -S IC N --des- civ s form _ to -the -pro v ; s-- rnay n -ti- -e h -owner, o f - month or mere, sh--S-- -N tha -1 used _ un-tif it has a <a,n a ' e-eont cm �'i t e n s 6 Any Shfi h ---C .s--1 n -damaged --f r d , ex &losa- o =-Ge --f, ` f-1 ree n -t- Q °i -o-r-me-re of t e-Ge-n con -v rl-u ,- r r- pf -a -m -e—n—cost -h -S beto eras damaged, sh deaan d `o haaen toy - yc —SI N s' a -r. oe restored except in confo-Sih this Division. An--,eh--;has--per. _ n --d ma d _ t--an--e-)4e-nless than -fifty _ p- e--ne-n r- iern _ va - r --r G Poe cr n- s-t-ea- 'Brits -mag -ay be re -se -red htch it exist - ; rev -y u _ si --eas a 14 N C QL4F O` -' G---USEiorio,� B. If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged. Sec. 23-4-110. Computations of sign area and height. A. Computations of area of WALL -I-G-\ -n8 laced SIGNS. The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or -re STRUCTURE against which it is placed, but not including any supporting framework, bracing or decorative fence or wall w R G1—fe - e -o 70-0 0-t-heRM-Se �, f y _ gerd-e-regulatiours clearly incidental to the display itself, and not including that portion of a SIGN below a height of seven (7) feet if said portion contains no signage other than the street address of the property. B. Computation of area of multi -faced SIGNS. —he ° aSi-G-N h maise than o , o -o-e R p tS by -ad eth e Nb .eam iss bier -any -o- _ (1) point When two (2) id -an -tie -24 SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with an angle of less 'than forty-five (45) degrees between them, 4h-- ��' -ca- sr b from A l "�.S.fi pee iU n h e same —tic. fekAl-'h— ni s J� �` u c.kb,e aa{'-'d pr ' t e sameQWit' i e and a:lre—net ,more tan-twen4 if L4)-i-Rc es ape -4, the SIGN area shall be computed by the measurement of o` (') only the larger of the faces. For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart each face will be included when measuring the area of the SIGN. For SIGNS attached to BUILDINGS, all SIGN faces shall be included. C. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Height limits for SIGNS shall not apply to flagpoles. Sec. 23-4-120. Requirements for setback, offset and clearance. A. The OFFSET S- or S QN-S from AP�� -pas shall -be B. The OFFSE LAGS STR D. The SE C. T -h -e --SETS CK for BILLBOARDS and OFF -SITE DI _ ,EC-TIONAL S.G-NS in the Commercial and -d-1,1{4a-H Zoine Districts sha I mo- - -mot from the current or futur -REE T -ROAD R�OHT FAN°_whicheve_r is greater. The SET -B -AC -K for all other �=REEST11/2 D--I-NC-SIGNS in the -rnmercial and lndustri-al ---rr-ent or future E /ROA') S-I-GNS in the Bicultural Zane District shall be twenty- thr rentu-t;uSTREET -AD R!G-HST-OF-W Y, w ever ice -seater. The --BACK fee -a-Il-other-F R EE STA -G-SiJ-G - ! Zone D1`$ri-mot shal-be l -be three (3) - is greater - E. The SETBACK for all FREESTANDING SIGNS in Estate and Residential Zone Districts shall be twenty (20) f et. F. Signs proje d-ri yT mounted at least four -teen (14)uo —tiles surface of the w-a-lk-w y tan -be -mounted at -- surface ©f w-a-l-kway. . A. Setbacks for SIGNS not on BUILDINGS: Notwithstanding any other provision of this Code to the contrary, SIGNS ten (10) feet in height or less may be located anywhere on a LOT including on a LOT line abutting RIGHT-OF-WAY as long as the entire SIGN and all its components are within the LOT and as long as the SIGN complies with sight distance requirements, as described in Appendix 8-Q of this Code. SIGNS greater than ten (10) feet in height shall be set back from all RIGHTS -OF -WAY a distance equal to the height of the SIGN STRUCTURE. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. B. OFFSETS: Notwithstanding any other provision of this Code to the contrary, SIGNS larger than six (6) square feet shall have a required OFFSET distance equal to the height of the SIGN STRUCTURE. An exception allowing a reduced OFFSET may be granted by the Director of Planning Services upon the submittal of a waiver on a form provided by the Department of Planning Services signed by the owner(s) of the LOT nearest the SIGN. C. SIGNS projecting over a driveway shall have at least fourteen (14) feet clearance above the surface of the driveway. D. SIGNS projecting over a walkway shall have at least nine (9) feet clearance above the surface of the walkway. E. Flagpoles shall be set back from all property lines a distance equal to the height of the pole. Division 17 - Zoning Permits for Certain Uses in the Agricultural Zone District Sec. 23-4-1205. Design standards. The applicant shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT: [A. through K. — No change.] L. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 and 23=-E of this Chapter. [Remainder of Section — No change.] Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: [A. through B. — No change.] C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. Existing and proposed STRUCTURES SIGNS, and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS. [2. through 4. — No change.] and their dimensions, including FREESTANDING , :usVag-a-Rd-p.ro, , ed Sig Rte. [Renumber subsequent items.] [Remainder of Section — No change.] ARTICLE VII - Nonconforming Uses and Structures Sec. 23-740. Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT COVERAGE, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: [A. through D. — No change.] E. Refer to Section 23-4-100 for regulations on NONCONFORMING SIGNS. [Repeal Appendices 23-C, 23-D, and 23-E.] 11-1744±. L2,20 -NE I 17 r..; ,C :{a./,. ... ., .._.'.... .>s. �l � � ..: �/� /,J rte.�r�.F�: ^f /D<.. � .S..: •. �. ., -, ., .: �.�.'� .. .. .. ... ..... .., ....." ...n.< nsy �n) 'W<f � //%< BANNER no 4V 40 40 V no y-es-L� v' y� yeslz JeV/z -SIGN _J V yeV/z yVV)4 yJ'4/!z B-ILLBOARD (not no y n9 no 1 Yo no no ne ; `a J y�/ WIC_ J yes/a no - o d i UD y ye y F.- Vl1 �+ t l D NIGN no no ran 1.0 no -q-e, no no yeslz z- yesiz yes{z y J V/a y yesiz B W L Yes yes yes Yes Yes yesyes yes es MARKER yes yes yes Yes Yes I'fir fl -N14 Re Pre n :J FIG 00 _ no no z ye-siz yes -1z yam: +.3Ya yesiz no se tf yesiz _ yesiz yes/ Ell -E E JY � e! slz z yes/z € „„i ,.._ y'7.+.�"s /z y z- yz ire. 7-,� s7 y sl z yesi �� viayesk •~ y" z y I \7 Y�V-- VZ- C. ye Yes yes v s Yes yes yes yes yes yes FREESTAN Yes no no Re no no no --4z es -1 -z ye-/' yesiz ye yes/z yeetz y ye SIG N =, e. -N- IDENTIFICATION es yes Yes rh `' yes v.."` Yes yes yes `dam'yes yes Yes yes Ig p i T/lp_ - gran y d .� r� 1 '1. f ca _ / .mot y �, "} yea �Ci 3r �, r i vt s/ -/1S - y �. , y . y ye re Yes Yes es yes �, ..� c� 'r''e�` -,� y-�, ,.l`� yes IF' g 9 ,� r N_ OF 1 -EH -SATE no no no n G o ry no _-97Z e s - l v s/ -a -a e -s3 -z y J/z 1 1 e a n's y .e.-,. d �. DIRECTIONAL NAL yesiz. anet ethn P- -) ::` yes ye sye s Yes J' .^ yes d y s yes yes yes y � o yes a yes ip-T , .: � j� f�� ,� / yes/7_ /� ^� / L__ yesiz 12-RCLMOTION SIGN ye-sla REST' DEW SIGN �p fl IA I " "tom p � yes yes yes F` -yes SJ l GS � _''--t^ .'., t�. no no ire 0 -1u v Re Re no ,r �° �� h �1 nono no ne Re " ✓1. yin -1_7 ye yes!: �J e l yes/z- l " ti.Yl L y EJ1 siG R yes yes I yes yes Yes y s yas yes �,r�as Yes yes yes SIGN `" W'J-N_LP_�Q� s.l \ I O t �� N Y •1 i7' e n._� _ 1 � \/ . 21- rl ti`1 it ,f -\l \ 1 C'. C` - ��4-� \ ( Pl C _ ,7 is �J yes yes I 1 'i o no Y' -Re v d � ��+✓ 'ten' V V 1 e-lf-'':7 usee'or r CO W -E L d -r -p S eca en s -- f�- --a-9- „- S4 , J-34RiStic4Gh �� E\ -g'• P - EVU A A AgFi u 1 t u-,tl a! o s D ,! Y - 4. ' i4 en-sity - a e .--ve- �� e --District - a -S- °n -a-2 on D i s t -F -pal -Re-s- -t -e �� Me-dis e nt9 Z ne - �1� Y v- besI 1 R-4- Hi haD n s#y R da Di I rI itia1-- n-1%nl l"e uli-C. l a enpi i 2 D Tet V f"eme—R s" -k- 4s—Zo e- i s t ct i& of hoo 'gy me,rd8aLZonc D,s4r1- e ti - Ge rcial Zone -District --C�a c•o-1 'mod -mss' f +,-- i •1 dmePo.' S' TY'— s"Ist -4 ;(1A/ c- megal --ice FIGI -- -IL ah de ne D-istrict -9-4 l iilm-01el- r Zo ae [D i s tFi" , Pee -ivy Indus ia-9 Dist -Fist -Pre �- ' R NA F A 9-_ I T I E S--i- n a Q Res d anti -! --�� - - -d -al -Zone ( 4ts-a r. P1 —n—e-1 U P-i e I Z s *t b LSD' m+e1\�U Y . 'pis �✓ 1 I 1 P 'ems'tl Y �'. Y b -s -a e -- underi Av � �4! / re at 18-1 W c 1 1 Ys QJ'thre1 V [+ ' 04X161 a- E S R 1- I---ht-T-2 I I OkAll- U t- jr CAI -c p -r-0 V )(IFS/% � �P � �— Ott e e o n I �0 B Pr9 Il n�P. �. rciA- 3 , -I-� ,—�� .,Y- � � - ,� e��, ll-ra- v— � a ed- Y �IIE,ILOPa;-' �'' '' ° 1 of 1�iE aii N ll ' ,/l S'A Y��'E 'LeY tifall mod'II tl-S4 r Hato wan RAJ_ BY Z. NE DISTRICT AND TYPE .Y ✓. l.(T % ..>%'P• f �. �,.,• �d SwF �S".' .q`xs. �4 /S: 'l<i '�Sr:. ,.:/ s y,,fs o _1 WD `aDl✓ L Tf%' �: �..'/4C' ...r ...ES. .rF,^H .�S..L � R.' AW.' nfr a'. ( .. s. ... .>?7 4-. ., '3 � � /A , Y®1`-LLV' -:.-... �.. Y'/'Y/.. .,.. .x '. H rw %r/r. �fi'„`v �4 r T Sf q:- v(A✓ �%'��- �. -"�•.' 'fir �.� [ s:5RN�T.N?"a� 5,. C. YY 4T.Af :Yc`9Lmi8�2'f�7.fi nd>� of K. -; r .;`� , r / .. ........ ...i .,Ja ,.., ... .:.. : A'n",/ ��9, ..?�1-0�,2•... :I'..✓. ?�N: /?.v �F49�.iic:v-..9XaY' v/. N✓ BAN ---ER SIGN 1 ZONE LOT /lo sq. ft. -I per SILL -BOARD (not I SON E LOT. Poe• 300 sq. ft: 40 ft. allowed in PU D) L BOA rl-H-b -g-L o than 500 fV' rid --sec > -ft a o d L9B-nJa% o D— - SITE Dn EC-T4ON —' L SIGN, BUILDING S-I--G- -N-e--ii - a s \�fa s, t o No higher fh-an he- n pp LR-U- r.f e -B NG &: RIG -8-- i n g -NQ \n- Vel -i rr au 1 J" r e a f `J1Lf 0 fir' z 014 J_p-e- e +=r - S e (-cd S'L vj`'�CA n o eSxo U �.d �3 % of wall's sq. ft. -that B-LLI-LD-l-NG M A RKER �� U I -G 4i sl .F -B L CANOPY SIGN 1 -per BUILDING taee 10%--0- ca,1 surface of=h-e--eanop-y -r-t or 25 sq. ft,w-h-ioh-e-v-er is smaller DEVELOPMENT -S -N- 1 P- AN N & -N I T C & I - 150 sq-fl-a-R C & I - 25 ft. all -o ers--m -1 -O pei - other zones - 32 sq. ft. - D LO-RM-E .. i - P ord./1-O(0f Subdivision I L 1 ZONE 9 T `sr E 1 sq. ft. A, R, & E - 1 5 ft. per m-, IP.; total C, �Jn - &fvfA-N1S 0 rd C I & INS _, 3 , total Y it 1 it REE S TAN- 1 y!4, G -L-, '�- A,�`yI S e- Q -N -E 1 � ei, & I - 25 ! �. LOT. �9 (� 9 & !19 G ' F �� G-8, c "`° I. A T 6 t . ft. ZO 1 . OJ, ' �E LOT, 1 B e-aeh f -2 q—. sq. t, INS L - 15 ft„ 500 a ft. of-road,f-ro-prtage per or 1 fforret per-eac f -+za -road wh -eh r -- is greater.* -OF-1\k2 LL A 11 � i-j;../ 4 9 i.& -I-G-N- tl `Y' vvi th-s-n-the V 1 i 1 V.rS 1. tl BUILD I N G OFF-S1-TE C,I&A 1pt r C&!-300sq.ft. C&I-40% \ ff--S- aT -Ei E A-i- -sq. DIRECTIONAL SII_ 1 A - 30 ft. (not a I pie - -P-U- , "P ECTI-ON Jam° ,'. -DL he` located . shall 5005 -less any 1 y than 1'S t '# k 8" I I . a:.om r,,r c r_-S1-TE -a DIRECTIONAL a. 2 SIGN. P0LPT-CA SIGN Ilimits No lim1ts No limits R-3 REAL ESTATE- 1 a-oc-ess 48 sq. ft. each 1O —ft„ si-n-g per public I -e--- cu --a c SIGN (On-Pr&mises)REAL 2 single or double- '18 sq. ft. each ESTATE faced; must he.- Le PROMOTION SIGN rrinninn tn''ssion, (Off_Pra 4 min. 300 ft. spacing RESIDENTIAL SIGN 1 ZONE LOT 1 sq. ft. 64t, per TEMPORARY SIGN a--o&r ZONE LOT Al R, & E - 4 sq. E A, R, & E - 6 ft. C, I & INS - 8 sq. ft. C, I & INS 8 ft. WALL SIGN N/A N/A WINDOW SAN- N/A 25% of total window area KEY TO ABBREVIATIONS A Low -Density Residential Zone District Duplex Residential Zone District R-4 R-5 f1/ anufacture Home R-dential Zone District Estate -Zone District Neighborhood Commercial Zone District General Commercial Zone District Gag Business Commercial Zone District Highway Commercial Zone District 11 Light Industrial Zone District 1-2 Medium Industrial Zone District Heavy Industrial Zone District INS II Districts and Planned Unit Developm evaluated by th r ra! and Residential Zone *strict shall be sta med- differ APPE X23-EPERM TTED S GN C DISTRICT f road frontage or on the ARACTER ST CS BY ZO vE i=' ANIMATED n 0 no no noRo tc no no n no no ' o s SIGN CHANGEABLE n so no no nn o 3 •..: r, � �� t i11 PEG -t.,�• yes yes yes v �+ yes 1 f ' J �.! ye- 1 Z1 �'�s * :.S yes COPY S G N �� E -I Illumination, o no ;Q;_c. ; n c_ no PIO Jim- s -s no yes yes y y Internal* NO G-4 R-2 Illumination, yes yes yes yes es yes y yes yes Ex4ernah yes yes , yes yes yes yes yas Illumination, Re no no no no no no no no no no no no no no Exposed Bulbs or Neon -K� rB V Ii- 1 4M r Agricultural Zone District Low -Density Residential Zone District Duplex Residential Zone District R-3 ial Zone District R-4 High -Density Residential Zone District R-5 Manutac:urec onne Res c en a Zone D stric Estate Zone District Business Commercial Zone District Highway Commercial Zone District Light Industrial Zone District 1-2 Med urn ncus ria Zone D S c 1-3 Institu I IPICH S cr HOO __ `S, Ji iI rte --PARKS ard- PUBLIC RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts anc Plannec Unit Deve opment (PUB) Zone District sia1! be „mess otherwise stated - such SIGN is allowed - such a SIGN is not allowed SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 5, 2021 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Elijah Hatch, at 12:33 pm. Roll Call. Present: Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens. Absent: Michael Palizzi. Also Present: Michael Hall, Angela Snyder, Maxwell Nader, Jim Flesher, and Tom Parko, Department of Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2021-16 TOM PARKO/JIM FLESHER IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE (SIGN CODE UPDATE). Tom Parko, Planning Services, presented Ordinance 2021-16, regarding proposed changes to the Weld County Code. Jim Flesher, Planning Services, provided a brief description of the proposed changes to the sign code in Chapter 23. Mr. Flesher noted the proposed changes were sent out to sign companies. He added that comments were received regarding suggestions to incorporate into the draft resolution and are included in the packets. Commissioner Wailes referred to Mr. Messenger's comments included in the packet, specifically regarding the examples he gave on properties that may be separated from a highway via frontage roads or on -ramps and that the height limitations could cause visibility issues for people who are traveling on the freeway and being able to see the sign at that distance and height. Mr. Wailes said that he doesn't know the municipal boundaries in relationship to the freeways where these overpasses or rises in the highway would occur. He asked if there is any place in the county that it could be an issue. He further referred to Highway 119 and 1-25 where if you are traveling on the interstate and there is a frontage road between the freeway and the property who has the sign, the limitations on the sign height you can't see the sign from the freeway. Mr. Flesher said that there is mixture of municipalities and Weld County in that area. He added that he doesn't know what the height difference is and added that he isn't sure the highway is much taller than 25 feet. Commissioner Hatch asked if that situation arises and if they are looking for some sort of variance if they can still apply for a USR. Mr. Flesher said that they would have to submit a variance application to the Board of Adjustment. Mr. Parko said that when staff was reviewing the sign code, they were looking at it from a safety standpoint. He appreciates the comments from Mr. Messenger, but the few billboard signs that are in unincorporated Weld County in the Del Camino area are still 150 square feet in size and quite visible off the interstate. Commissioner Wailes asked what the municipalities are doing. He further asked if they have a zone that they put around those interchanges to allow taller signs. Mr. Parko said he isn't sure about the municipalities. He added that the County still has the 1:1 setback so for every 1 foot of tower height there is 1 foot of setback. Mr. Flesher added that he has looked at several other sign codes and many of them are stricter than Weld County. He also said that most counties are stricter and added that it can be tough to compare. Mr. Flesher said that the current code has a 25 -foot height limit for Commercial and Industrial zones for freestanding signs and we are proposing to keep that. He added that it is lower and smaller for billboards because we are no longer differentiating between billboards and all the other signs anymore. 1 Commissioner Cope referred to the comments regarding the automatic shut off and that it is not commonly used. He asked if this was addressed and included in the proposed changes. Mr. Flesher replied yes and added that after those comments were received, they did include them in the proposed changes. Commissioner Holland said that he appreciates the work that has been done; however, he feels that he is drinking out of the fire hose. He asked what is pushing this and asked why we don't take more time to review it. Mr. Parko said that we are not under a strict deadline and if it is important to spend more time to review this, we can come back at the next Planning Commission hearing. He added that staff has had a work session with the County Commissioners and we also reached out to the sign companies and held a stakeholder meeting to capture as many comments as we could. Mr. Holland said that the County Commissioners have asked the Planning Commission on several occasions to be careful what they are passing forward and added that he would expect the Planning Commission to read the comments received. Commissioner Edens asked why there is not a permit process for lit signs, even if it is powered by solar. Mr. Parko said that if there is electric to a sign, it does require an electrical permit and often times the signs are included with a land use process such as a Site Plan Review or USR so staff felt like having a separate permit for a sign is a little bit overkill when it can be included in the land use application. Mr. Flesher said that if a sign requires a building permit then staff would review it to make sure the size is in conformance. He added that banners do not require a building permit. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Commissioner White stated that he would like to postpone this item out of respect for the other Commissioners who may still have some questions on this, and it will give them some more time to review it. Motion: Continue Ordinance 2021-16, Moved by Butch White, Seconded by Skip Holland. Mr. Parko referred to the three -reading process by the County Commissioners and said that instead of postponing to the next Planning Commission hearing, we could have first reading with the Board of County Commissioners and then come back to Planning Commission prior to the second reading and that will give the Planning Commission some time to review it. He added that during the November lunch we could also talk about any concerns the Planning Commission may have and forward those along at the County Commissioner's second reading. T he Chair asked Bob Choate, County Attorney, if that is acceptable with the current motion. Mr. Choate said that because there was no date included with the motion, we would consider that motion as an indefinite continuance and we would have to readvertise. Therefore, he recommended amending the motion on the table to continue the matter until the November 2nd Planning Commission Hearing. Mr. Flesher said that at the first reading of the Board of County Commissioners there would not be a recommendation from the Planning Commission, and staff would let them know that the recommendation would be forwarded at the second reading. Motion: Amend the motion to continue Ordinance 2021-16 to the November 2, 2021 Planning Commission hearing, Moved by Butch White, Seconded by Skip Holland. Motion carried 7-1, with Commissioner Wailes casting the no vote. The Chair called for the vote for the main motion of continuing Ordinance 2021-16 to the November 2, 2021 Planning Commission hearing. Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0). Yes: Butch White, Elijah Hatch, Lonnie Ford, Pamela Edens, Sam Gluck, Skip Holland, Tom Cope. No: Michael Wailes. 2 Meeting adjourned at 2:07 pm. Respectfully submitted, Kristine Ranslem Secretary 3 INVENTORY OF ITEMS FOR CONSIDERATION Applicant NA Case Number Ord2021-16 (Signs) Submitted or Prepared Pnor to Hearing At Heanng 1 Email from Scott at Biltnte Sign, 9/7/2021 X 2 Email from James Carpenter with attached comments, ISA document, and Urban Design Associates document, 9/15/2021 X 3 Email from Todd Messenger with attached comments, 10/5/2021 X 4 Memo from staff with proposed changes from 10/5 PC hearing highlighted in blue, 11/2/2021 X 5 Powerpoint from Todd Messenger presented at 11/2 PC X 6 Staff memo to PC, 10/5/2021 X 7 Staff memo to PC, 11/2/2021 X I hereby certify that the seven items identified herein was submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing From: Biltrite Sign -Scott <scottebiltritesign.com> Sent: Tuesday, September 7, 2021 8:47 AM To: Jim Flesher <lflesner@weidgov.com> Subject: Re: Weld County sign code update Jim, Thank you for reaching out to us directly. I would like to express one concern in the draft. Under Sec. 23-4-80 Electronic Message Displays: ELECTRONIC MESSAGE DISPLAYS shall be equpped with a malfunction display and the ability to automatically shut off if a malfunction occurs There are only a small number of manufacturers that include that feature in their d;splays and it doesn't work very well. It is not an industry standard. It can only cover some of the potential failures, but there are several other issues that can cause a malfunction that wouldn't be covered. At best it might work 6O% of the time. I would recommend requiring the signs to allow remote diagnostics and the ability to turn off the display remotely. That is more standard and would cover more of the potential issues. Thanks again for contacting us. ~Scott Bitrite Sign Service, :r.c Ph: 9/O-353-3811 • Fax: 970-353-0318 Email: s dir • -Z • 4315 Industrial Pkwy, Evans, CO 80620 On 9/3/2O21 3:04 PM, Jim Flesher wrote: Good afternoon We at Weld County Planning thought you might be interested in knowing about a draft update to the County's sign regulations. More information is available on our Long -Range Planning_ webpage along with a . pdf of the draft update We are also hosting a Microsoft Teams meeting to present a summary of the update and take questions from attendees. The meeting will be at 2:00 pm on Wednesday, September 15, 2021. Please use the link below to join the meeting at that time. If you miss the meeting, you can contact me directly or attend the Planning Commission meeting mentioned on the website above. Join on your computer or mobile app Cl ck here to join the meeting Or call in (audio only) r i 720 439 5261„8239694274 Phone Conference ID: 823 969 427# Thanks, Jim Flesher, AICP Long -Range Planner Weld County Planning Services 1555 N 17th Ave. Greeley. CO 80631 Phone. (970) 400-3552 www weldgov corn EXHIBIT bydgOale/1O From: James Carpentier <James.Carpentier@signs.org> Sent: Wednesday, September 15, 2021 1:01 PM To: Jim Flesher <:flesher@weldgov.com> Cc: pking@cosigns.org; David Hickey <David.Hickey@srgns.org> Subject: Comments on the draft sign code Hello Jim, I am contacting you on behalf of the Colorado Sign Association and the International Sign Association. Both associations work with jurisdictions to assist in the creation of beneficial and enforceable sign regulations. I have attached some initial comments and recommendations for the proposed sign regulations along with some cited references. Let me know if you have any questions or need any information. Best, James B Carpentier AICP Director State & Local Government Affairs 1001 N. Fairfax Street, Suite 301 Alexandria, VA 22314 (480) 773-3756 Cell www.signs.org j www.signexpo.org james.carpentier@signs.org INTERNATIONAL SIGN ASSOCIATION 000 THE LINK Sign up to be the first to know about additional details, events, and more! SIGN UP NOW! EXHIBIT 0rd9Z9tn1L � c7 DRAFT Sec. 23-4-70. - General provisions. 9/3/2021 S GNS sia be permittec in tie various zoning cistricts according to tie regu ations containec in nis Division anc in accordance wit i tie requirements set 'ort i in Appendices 23 C, 23 D anc 23 A: No SIGN shall be structurally erected;- enlarged, constructed, reconstructed, relocated, refaced or of -ierwise a tered wi' iou first obtaining a required bui cing oermi s -rom tie Department of 3ui cing-nsoection and, if required, zoning aoorova -rom tie Deparment of Planning Services and the Colorado Department of Transportation. B. No S GN sia be erected at or near tie intersection o any S-REE-/ROAD or eriveway in suci a manner as to obstruct free and Gear vision o' motorists, or a any Location wiere, by reason of tie position, slap() or co or, it may .nterere wit i, obstruc tie view o or be con used wi 1, any autiorized traffic S GN, signa or device. S GNS ocated at an intersection must be outside o tie sig it distance triang e. S GNS wcou d ootentia y affect vonice traffic sia- be -reviewed by the Department of Public Works and the Colorado Department of Transportation, if applicable. C. No S GN other tian traffic- con Statu es and/or permitted by t ro S GNS, except as express y a owed by Co orado Revised ie Co=oraco Deaartment of ransoortation, sia be erectec road or highway within the COUNTY. information related to the USES being conducted on the ZONE LOT. ntal agency controlling or directing traffic - shall be exempt from the provisions of this aces and anchors, shall be of sound established on the site, or it shall be r A. SIGNS and components, incluc'$ g supports, braces and anchors, shall be of sound structural quality and shall be kept in . state of good repair with a clean and neat appearance. B. Lighting. SIGNS the' are electronically adjustable for lighting shall comply with the provision of this subsection. Other SIGNS shall be -brought into compliance with this subsection whe any maintenance is conducted on the lighting system, including, without limitation, replacing bulbs and fixtures: 1. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare. 2. The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is visible from any LOT line on which the SIGN is located is prohibited. 3. Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three -tenths (0.3) footcandles in excess of ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall not cast illumination at a level exceeding three -tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. 4. SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection. Page 2 Summary of Comments on CSA ISA comments draft-sig n -code - update -9.14.21 .pdf Page: 2 Author:.carpentier Subject: Sticky Note Date: 9/15/2021 2:39:07 PM Almost every sign that is manufactured other than electronic message centers, do not have the ability to adjust the illumination levels. To require a sign that has non -LED illumination to convert to an LED system that can be adjusted is not reasonable. This section only be applicable for electronic message centers and new signs. Author: jcarpentier Subject: Cross -Out Date: 9/15/2021 2:59:28 AM Author:;carpentier Subject: Sticky Note Date: 9/15/2021 2:42:14 PM We recommend that this section include the methodology in our recommended illumination standards for EMCs. See attached Recommended Illumination Standards for Electronic Message Centers. The illumination standards for EMCs needs to be in a separate section DRAFT 9/3/2021 A. ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. B. ELECTRONIC MESSAGE DISPLAYS shall not be located within five hundred (500) feet any LOT zoned Residential, Estate, or PLANNED UNIT DEVELOPMENT wi ntial or Estate USES or any incorporated LOT with residential US _„toss the ELECTRONIC MESSAGE DISPLAY faces away hum the residential LOT. C. No more than fifty (50) percent of the area of a FREESTANDING SIGN may consist of an ELECTRONIC MESSAGE DISPLAY. D. No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the back of the SIGN shall be flush to the wall, rather than projecting. E. ELECTRONIC MESSAGE DISPLAYS shall be equipped with a malfunction display and the ability to automatically shut off if a malfunction occurs. shall have automatic dimmer software or ambient light monitors to control brightness for nighttime viewing, and shall comply with lighting provisions of this Division 2. The display of an ELECTRONIC MESSAGE DISPLAY, including its brightness, shall not change more frequently than every ten (10) seconds. ELECTRONIC MESSAGE DISPLAYS shall change only instantly or through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images. Existing ELECTRONIC MESSAGE DISPLAYS shall be brought into compliance with this subsection upon the effective date of the ordinance. Sec. 23-4-90. - Design plans for signs requiring zoning approval. Regulations on the size and number of signs. The owner, or applicant as agent for the -owner, shall prepare a set of SIGN plans for all exterior S GNS in any DEVELOPMENT. Suci pans sla be inc uced as part of any Site P an Review, Use by Specia Review Permit, Panned Unit Deve opment and Ma.or or Minor Subcivision. Tie SIGN type, size, heignt, co•ors, materia s, sty es of ettering, appearance of any ogo, type of i umination and ocation sia be set out in such pans. Tie pans sia be suci tnat S GNS constructed or maintained under tie pans wi Como y witi tie S GN regu ations of tie COUNTY and sna be for tie purpose of assuring iarmony am' visua qua ity t iroug lout a project. Fina. deve opment pans s la not be approved unti tie S GN pans lave been approvec by tie Boarc of County Commissioners or panning staff. A S GNS sla be designed and construc.ed of materials which harmonize with the architecture of the site on which the SIGN is located- Genera y, tie use of S GN materia s tie same as, or simi ar to, tie main bui ding materia s used on site shall be found to provide the required level of design harmony. A. Commercial (C) and Industrial (I) zones: SIGNS on BUILDINGS in the C and I zones: a. SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of th area of the wall to which it is attached (measured as a two -dimension projection up to a maximum of one hundred fifty (150) square feet total on any given wall. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the C and I zones: Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. Page 4 Page: 4 Author:;carpentier Sub;ect: Sticky Note Date: 9/15/2021 2:37:16 AM The requirement that states faces away will be a challenge to administer since this will allow for undue discretion. The standard needs to be more specific. ALAIrur.jcdrpentier Sub,ect: Sticky Note Date: 9/15/2021 12:01:14 PM Although regulations with this verbiage would seek to limit the size of an EMC (EMD) so as to ensure they remain a non -obtrusive sign element, such language typically prompts business owners to unnecessarily increase the size of their static signage elements to maximize area for their EMD. Instead, this clause should read "no more than fifty (50) percent of the allowable area of a Freestanding Sign may consist of an ELECTRONIC MESSAGE DISPLAY." Making this alteration will allow business owners and sign companies to create an aesthetically pleasing sign within the sizes allowed by their sign type, setback, zone, etc. AuthorYcarpentier Sub;ect: Sticky Note Date: 9/15/2021 3:01:21 AM This section should state that the number of building signs are not limited as in the current code. DRAFT 9/3/2021 Height. FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height. Area. On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to eighty (80) square feet. Q Q ii. On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or lgcQ :n-:,/h:ch caoc the sIea ' u _ one hundred eighty (180) square feet. Q 3. BANNER SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: Q SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to eighty (80) square feet. 3. BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. Page 5 Page: 5 Author:;carpentier Subject: Sticky Note Date: 9/15/2021 2:54:51 AM We recommend that the existing standards be maintained given the typical ROW and speed limit in the County the proposed 75 sq. ft. for parcels less than 2 acres may not provide for safe and effective viewing. Author: jcarpentier Subject: Sticky Note Date: 9/15/2021 3:03:31 AM The number of allowable signs needs to be stated. The existing standards should be inlcuded: 1 per each 500 ft. of road frontage or 1 per each different road frontage, whichever is greater.* Author: jcarpentier Subject: Sticky Note Date: 9/14/2021 7:51:51 PM This should read 80 square feet rather than 180. Author: jcarpentier Subject: Sticky Note Date: 9/15/2021 2:48:38 PM Many end users request a banner that is larger than 40 sq. ft. and is needed due to viewing distances. Therefore we recommend the maximum area be at 75 sq. ft. DRAFT 9/3/2021 designed for such changes, or the repainting or reposting of display matter shall not be deemed a structural alteration. B. The lawful USE of a SIGN existing on April 10, 2006, the effective date of the repeal and reenactment o- his Division, a tiougi such S GN coes not conform to tie provisions iereof, may continue; iowever, if suci NONCONFORM NG USE is discontinued for a aerioc o" six (6) months or more, such SIGN shalt not be used until it has been made to conform with the provisions of this Division. C. Any S GN w'lc, nas been damaged by fire, wind, exJ osion or act of God, to tie extent that fifty percent (50%} or more of the construction value or replacement cost of the SIGN before it was damagec, sia be ceemec to lave been tota y destroyed and tie S GN sha not be restorec except in conformity wit, tiis Division. Any S GN w iiai nas been damagec to an extent ess tian fifty percent (60%) o- tie construction va ue or re) acemen' cost of tie S GN before it was damagec may be restored to tie condition in wiici it existed previous y as a NONCONFORMING USE prior to its damage. B. If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged. Sec. 23-4-110. - Computations of sign area and height. A. Computations of area of WALL SIGNS and single -faced SIGNS. The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or structure STRUCTURE against which it is placed, but not including any supporting framework, bracing or decorative fence or wall wien such :ence or wa otierwise meets We d County Code regu ations and is clearly incidental to the display itself. The entire area of the STRUCTURE of a FREESTANDING SIGN shall be included in the calculation of SIGN area, except that portion of a SIGN below a height of seven (7) feet if said portion contains no signage other than the street address of the property. B. Computation of area of multi -faced SIGNS. The SIGN area for a SIGN with more than one (1) face shall be computed by adding together the area of all SIGN faces visible from any one (1) point. When two (2) identical SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with an angle of less than forty-five (45) degrees between them, so teat boti faces cannot be viewed from any Joint a tie same time, and wien suci SIGN faces are part of the same SIGN and are not more than twenty four (24) inches apart, the SIGN area shall be computed by the measurement of one (1) only the larger of the faces. For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart, each face will be included when measuring the area of the SIGN. For SIGNS attached to BUILDINGS, all SIGN faces shall be included. C. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN STRUCTURE. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Height limits for SIGNS shall not apply to flagpoles. Page 7 C) Page: 7 Author::carpentier Sub;ect: Sticky Note Date: 9/14/2021 8:00:39 PM Only the area that includes sign copy and frame should be included as sign area. Including the structure in sign area may lead to comprised designs since the less structure the more sign area is allowed. Where an end user wants a monument sign this method of sign area may very well discourage this sign types since the entire structure (not including that below 7')will be included as "sign area." DRAFT 9/3/2021 Sec. 23-4-120. - Requirements for setback, offset, and clearance. A. The OFFSETS for a I temporary and FREESTANDING SIGNS from ADJACENT properties shall be ten (10) feet. B. Tie OFFSET for FLAGS s la be ten (' 0) feet, or tie ieig it of tie po e, wnioiever is greater. C--The-SETBACK for BILLBOARDS and OFF SITE DIRECTIONAL SIGNS in the Commercial and -ncustria Zone Districts sia be twenty five (25) "'ea' =rom the current or ruture STREET/ROAD R G - Q VVAY, w-iciever is greater. Tie SETBACK for a otier r REESTAND NG S GNS in tie Commercia and ndustria Zone Districts sna be fifteen ( 5) feet from tie current or future STREET/ROAD R G - T OF WAY, w-iioiever is greater. D. Tie SETBACK for OFF S TE D RECT ONAL S GNS in tie Agricu tura Zone District sia be twenty five (25) feet from the current or future STREET/ROAD RIGHT OF WAY, whichever is greater. The SETBACK for a otier FREESTAND NG S GNS in tie Agricu tura Zone District sis be t free (3) feet, or one (' ) root for every tfree (3) feet of S GR. ieig it, wnicnever is greater - E. The SETBACK for a =REFS -AND NG SIGNS n Estate and Residential Zone Districts shall be twenty (20) feet. F. Signs pro ecting over a driveway sia be mounted at east fourteen (14) feet above tie surface of the driveway. G. Signs pro ecting over a wa sway sia bo mounted at east nine (9) feet above the surface of the walkway. A. Setbacks for SIGNS not on BUILDINGS: Notwithstanding any other provision of this Code to the contrary, SIGNS ten (10) feet in height or less may be located anywhere on a LOT including on a LOT line abutting RIGHT-OF-WAY as long as the entire SIGN and all its components are within the LOT and as long as the SIGN complies with sight distance requirements, as described in Appendix 8-Q of this Code. SIGNS greater than ten (10) feet in height shall be set back from all RIGHTS -OF -WAY a distance equal to the height of the SIGN STRUCTURE. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. B. OFFSETS: Notwithstanding any other provision of this Code to the contrary, SIGNS larger than six (6) square feet shall have a required OFFSET distance equal to the height of the SIGN STRUCTURE. An exception allowing a reduced OFFSET may be granted by the Director of Planning Services upon the submittal of a waiver on a form provided by the Department of Planning Services signed by the owner(s) of the LOT nearest the SIGN. C. SIGNS projecting over a driveway shall have at least fourteen (14) feet clearance above the surface of the driveway. D. SIGNS projecting over a walkway shall have at least nine (9) feet clearance above the surface of the walkway. E. Flagpoles shall be set back from all property lines a distance equal to the height of the pole. [Repeal Appendices 23-C, 23-D, and 23-E. Page 8 Q Page: 8 Author::carpentier Sub;ect: Sticky Note Date: 9/14/2021 8:07:59 PM We recommend that setbacks for signs greater than 10' in height not exceed 10', since that may very well take the sign out of the "cone of vision." As state in the attached Evidence based Model code pg. 22: "This is the 10 degree of viewing area For reading purposes, the visual field is 10 degrees or less. A driver's ability to observe and react to a sign outside the cone of vision drops rapidly outside this limit." Night-time Brightness Level Recommendations for On -Premise Electronic Message Centers Updated August 2016 PRODUCED BY: et INTERNATIONAL SIGN ASSOCIATION ISA RESEARCH TABLE OF CONTENTS INTRODUCTION 2 CASE STUDIES 4-6 EXECUTIVE SUMMARY 7 RECOMMENDED LANGUAGE 8 SIX STEPS: EMC BRIGHTNESS LEVELS WITH OPERATIONAL CONTROL 9 WITHOUT OPERATIONAL CONTROL 11 LEARN MORE ABOUT EMCS The International Sign Association offers an Electronic Message Center (EMC) Resource Center, with resources on: EMCs and traffic safety A framework for developing EMC sign code language The differences between EMCs aid digital billboards www.signs.org/local ADDITIONAL SIGN CODE RESOURCES The International Sign Association has developed numerous tools to help communities develop better sign codes. All are housed at www.signs.org/local, including: The Supreme Court ruling, Reed v. Town of Gilbert Model sign codes Best practices in regulating temporary and wayfinding signs The Economic Impact of On -Premise Signs ISA's advocacy team is available to provide complimentary assistance on sign codes and sign -related issues. Contact SignHelp@signs.org or 703.836.4012. International Sign Association 1 ISA RESEARCH INTRODUCTION ELECTRONIC MESSAGE CENTERS (EMCs) Electronic message centers, or EMCs, continue to grow in popularity for business and community use. You may have heard EMCs being referred to as changeable message displays or digital signs. EMCs are not digital billboards, which advertise a good or service that is located away from the sign. Rather, EMCs are digital signs that are located on the premises, and that advertise goods and services that are available at the location. k\I 1414 #ar; . .. r:s F FIRST. BAN K KANSAS . r !;cuu IoAd Y o u f?wwAY1 c I r ) 't...:, • do. I r • t_- . Electronic Message Center (EMC)/on-premise sign advertising a bank that is located on the some premises os the sign Digital billboard -off -premise sign advertising an automobile business in another location There is often confusion regarding on- and off -premise digital signs. However, EMCs and digital billboards have very distinct capabilities and purposes, each targets a specific audience and each has traditionally been treated under separate legal and regulatory regimes, a zoning practice which was noted in the 2015 U.S. Supreme Court ruling in Reed v. the Town of Gilbert. For the purposes of this publication, we are focusing solely and exclusively on EMCs. EMCs that are too bright at night can be offensive and ineffective. Night-time EMC brightness is an issue where sign users, the sign industry, and local offices have a common goal: ensuring that EMCs are appropriately legible. We know the messages that these signs convey can be rendered unattractive and perhaps even unreadable if they are programmed too bright. That's why many sign companies recommend to their customers that in order for these signs to be most effective, their brightness be set at such a level to be visible, readable and conspicuous. 2 International Sign Associauan • . ISA RESEARCH The International Sign Association (ISA) retained noted lighting expert Dr. Ian Lewin of Lighting Sciences to help the industry develop scientifically - researched, understandable recommendations for EMC brightness. Dr. Lewin was a past chair of the Illuminating Engineering Society of North America (IES), and was greatly respected within the lighting field. His work for ISA was conducted with the input of experts within the sign industry. As a result of his research, Dr. Lewin recommended two different brightness settings based on whether the EMC was located in an area of high or low ambient light. After field testing and utilizing Dr. Lewin's recommendations, it was determined that using the more conservative recommendation is appropriate in areas of both low and high ambient light. In order to simplify Dr. Lewin's recommendations, and to take a more reasonable approach to ensure that EMCs are sufficiently visible but not overly bright, it is recommended that EMCs not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the EMC size. The research and the recommendations contained in this report pertain only to EMCs, not traditionally internally illuminated signs, such as these channel letter and neon signs below. EMCs use a different lighting technology than most of these types of signs, and as such the scientific approach differs. Community leaders should understand that, while it is recommended that brightness measurements be taken perpendicular to the sign, sign viewers rarely see the sign at that same perpendicular approach. At any viewing point away from or off the forward angle, the apparent brightness will be reduced. In other words, the measurements will capture the recommended brightness levels, but, unless viewers are looking at the sign directly perpendicular, they will not perceive the brightness at the full level. We have provided recommended statutory language and tips to measure brightness with and without control of the EMC. If you need further assistance, feel free to contact ISA, signhelp@signs.orgorat(703) 836-4012 to answer any of your EMC questions. FOOTCANDLES VS. NITS: WHICH MEASUREMENT IS BETTER? This document recommends communities adopt illumination measurements in footcandles as compared to nits. Here are a few reasons why more than 200 localities and many state departments of transportation have adopted the footcandle measurement for EMCs: FOOTCANDLES Measures illuminance Accounts for ambient light corditions Luxmeter measuring device $ 100 "Twilight" measurement possible Measures light impact and appearance Works with roadway lighting standards Easier to check and enforce NITS Measures luminance Measures only the amount of brightness emitted Luminance spectrometer (nit gun) - $ 1,000 Does not allow adjustment based on ambient light Does not measure appearance Difficult to measure accurately Difficult to enforce While the main advantage of using nits as compared to footcandles is that daytime measurement is possible, EMC brightness is typically more of an issue at night. International Sign Association 3 ISA RESEARCH CASE STUDY: Columbus, Ohio COMMUNITY POPULATION LOCATION SPECIFIC EMC ISSUE THE CITY OF , COLUMBUS Columbus, Ohio 836,000 As Ohio's largest city and state capitol, Columbus is the country's 15th largest city. Crafting a reasonable, enforceable code that addresses complaints while preserving the ability for businesses to use what it termed automatic changeable copy signs. As automatic changing copy signs —as Columbus refers to EMCs—grew in use, so did community complaints. By 2011, city planners began to edit the graphics codes to limit special effects. The goal was to continue to allow for a variety of commercial graphics, "but not at the expense of neighborhoods," said Lisa Russell, the city's Planner II who facilitated the code development project. The city had in place certain limits on automatic changing copy signs, aka EMCs, in the graphics code, limiting their use to commercial and manufacturing zoning districts and requiring that only half of the sign could be used for the changeable copy. But signs lacked brightness limits and a hold time. Russell led a team to draft the new code, which incorporated a brightness limit for both on -premise and off -premise signs. The testing method also is included in the code. It was the result of much scientific discussion. "I believe that the best answer is revealed if you have enough information," Russell said. The committee included a community group leader who was an architect specializing in lighting and representatives from the sign and graphics industry. "When we started exploring brightness, it appeared the footcandle method was the way to go," Russell said. "However, some group members wanted us to explore the luminance method. ISA believed so strongly that the luminance method was problematic that they brought a demonstration to us." The demonstration included a field trip to visit a sign to show the impact of the two measurement methods. "They wanted to make sure that we didn't go down the wrong path. They rented a lift and showed us that with the luminance method you'd have to get up in the lift, raise it and shine the nit gun at the sign. With the footcandle meter, you can stand on the ground." Russell helped the group to see that the "members of the professional sign and graphics industry are not the same as end -users of signs, such as an owner of a carryout who wants to draw attention to his shop over others. We all had an interest in developing reasonable regulations instead of just banning these signs. We also did not want to take away the rights that businesses had to display electronic signs." The new code has significantly lessened complaints about sign brightness. And when a complaint is received, the code enforcement officers have a verifiable process for determining whether the sign complies with the code. Inter;iational Sign t- .•u..idu un ISA RESEARCH CASE STUDY: Kitsap County, Washington COMMUNITY Kitsap County, Washington POPULATION 260,000 LOCATION Across the Puget Sound from Seattle and bordered by rural communities on the west. It is the third most densely populated county in the state. SPECIFIC EMC ISSUE Existing codes did not cover electronic signs. As a "transition" county between rural Washington and the metropolitan city of Seattle, Kitsap County had the challenges of creating regulations for electronic signs that fit the county's dual personalities. "The first step was to identify where these signs would be allowed," said Darren Gurnee, a planner with the county. "We wanted to make sure these were restricted to areas of increased density and primarily non-residential use such as industrial zones and commercial zones within the urban growth area." Previously, the county had allowed electronic signs "as a matter of interpretation," Gurnee said. Crafting more defined electronic sign regulations would provide a measure of stability and help business owners know what was allowed and where. An added bonus: Gurnee felt the signs would be more attractive than the block letters signs that had to be changed manually. While the county wanted to make it easier for businesses to convert existing static monument signs into electronic signs, it also wanted to ensure that the regulations were not written in a way that would allow billboards to convert. "We were able to craft our regulations in a way that required signs be brought into conformance before any change could be made," Gurnee saic. "Billboards were non -conforming, so that would not be an issue. ISA provided Gurnee with industry standards —contained in this publication —and some background on the technology that today's electronic signs offer, such as automatic dimming. It also incorporated some of the recommended language on animation, hold times and transitions. "The regulation is written in a way that it would be easy to enforce," Gurnee said, and easy to understand, without the ambiguities contained in the previous method. The ending code created a perfect fit for both of the community's personalities. International Sign Association 5 ISA RESEARCH CASE STUDY: SPARKS, NEVADA COMMUNITY POPULATION LOCATION SPECIFIC EMC ISSUE Sparks, Nevada 93,500 A rapidly growing community, Sparks is located near Lake Tahoe, California, and Reno, Nevada, and is Nevada's fifth largest city. Existing regulations were difficult to enforce and outdated. Sparks, Nevada had existing regulations of electronic message centers —or electronic variable signs as the community deemed them. But "it wasn't very explicit," said senior planner Karen Melby. "The brightness standards were in lumens, which we didn't even know how to measure." The regulations were outdated as well —having been drafted in 2002. Technology had changed dramatically and the costs of EMCs had dropped, putting them in the range of more businesses' budgets. "We felt we could see more coming and felt that we needed to get a handle on it." As a first step, planners required that those seeking an EMC permit meet their standards before approval was granted, but nothing was written into the code. That method can create problems. So Melby led the city through the code revision process. She sought out industry expertise from both the planning community and the sign and graphics industry. For industry insight, she turned to ISA. ISA provided feedback on how other communities were regulating electronic message centers, and rec- ommendations on what was working for these communities. One outside group felt strongly that the standards should be regulated in nits, not footcandles. They brought in an expert who opposed the proposed regulations. But Melby held strong on the issue of footcandles. "In my research, it seems like footcandle is what you can see with your eyes while a nit is pinpointing a spot on a sign. When you look at a sign, you're looking at the whole thing, not just one small spot." The city adopted the widely recognized standard of 0.3 footcandles above ambient light, using the distance measurements outlined in this publication. Melby took that table, determined the formula and wrote the formula into the code. The community allows smaller signs —those under 32 square feet —to include scrolling, while those larger do not. The result has been a city that has successfully navigated the balance between business interests and community aesthetics. "We've had very few complaints," Melby said. "When we do get a complaint about a sign being too bright, we go out and measure it. When they bring it down to standards, we don't get complaints." Being able to use a simple light meter to measure brightness is far easier than simply guessing whether the sign is in compliance, Melby said. "The other method (measuring nits) was really based on opinion. What may seem bright to me may not seem bright to you. Now, we can say, 'This is what the meter says.'" By having clear standards that are easier to enforce, both community and business win. inter national Sign Associaiuon ISA RESEARCH EXECUTIVE SUMMARY ISA ELECTRONIC MESSAGE CENTER NIGHT-TIME BRIGHTNESS RECOMMENDATIONS This summary has been developed with an understanding that EMCs that are unreasonably bright are not effective for the communities or end users. This intends to help communities and stakeholders develop brightness standards for on -premise EMCs. The summary comprises: 1) An overview of the importance of ensuring appropriate brightness, 2) Technology utilized to ensure appropriate brightness, and 3) Recommended brightness standards 1. Overview of the importance of ensuring 3. Recommended night-time brightness standards. appropriate night-time brightness. EMCs that are too bright at night can be offensive and ineffective. There are significant advantages to ensuring than an electronic display is not overly bright. These advantages include: Conservation of energy Increased life expectancy of the electronic display components Building goodwill with the community Ensuring the legibility of the display It is in the best interest of all stakeholders to ensure that EMCs are sufficiently bright to ensure clear legibility, while at the same time avoiding a display that is overly bright. 2. Technology utilized to ensure appropriate brightness. Most EMCs are designed to produce sufficient brightness to ensure clear legibility during daylight hours. However, daytime brightness settings are usually inappropriate for night-time viewing. The following general methods are used to dim an EMC for appropriate night-time viewing: 1. Manual Dimming. Using this method, the sign operator dims the display in response to changing ambient light conditions. 2. Scheduled Dimming. Sunset -sunrise tables allow an EMC to be programmed to dim at the same time that the sun sets and rises. This method is generally acceptable, but is more effective when used as a backup to automatic dimming controls capability, such as photocell technology. 3. Photocell Technology. An EMC that utilizes photocell technology can automatically dim as light conditions change. A photocell sensor alerts the display to adjust brightness according to ambient light conditions. Dr. Lewin recommended the development of brightness criteria basec on the Illuminating Engineering Society's (IES) well -established standards pertaining to light trespass, IES Publication TM -11-00. The theory of light trespass is based on the concept of determining the amount of light that can spill over (or "trespass") into an adjacent area without being offensive. In order to simplify Dr. Lewin's recommendations, and to take a more reasonable approach to ensure that EMCs are sufficiently visible but not overly bright, it is recommended that EMCs not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the EMC size. Email signhelpgsigns.org to receive Dr. Lewin's original research. ...it is recommended that EMCs not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the EMC size. International Sign Association 7 ISA RESEARCH RECOMMENDED LEGISLATIVE LANGUAGE Electronic Message Center (EMC) Criteria: The night-time illumination of an EMC shall conform with the criteria set forth in this section. A. EMC Illumination Measurement Criteria: The illuminance of an EMC shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color -capable EMC, or a solid message for a single -color EMC. All measurements shall be taken as close as practical to a perpendicular plane of the sign at the distance determined by the total square footage of the EMC as set forth in the accompanying Sign Area of a Sign versus Measurement Distance table. B. EMC Illumination Limits: The difference between the off and solid -message measurements using the EMC Measurement Criteria shall not exceed 0.3 footcandles at night. C. Dimming Capabilities: All permitted EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements. D. Definition of EMC: A sign that utilizes computer -generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix. 8 - ii,tet-ilatlunal Sign Associduuiii SIGN AREA VERSUS MEASUREMENT DISTANCE pg- AREA OF SIGN MEASUREMENT sq. ft. (ft.) 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 110 120 130 140 150 160 170 180 190 200 220 240 260 280 300 32 39 45 50 55 59 63 67 71 74 77 81 84 87 89 92 95 97 100 105 110 114 118 122 126 130 134 138 141 148 155 161 167 173 " For signs with an area in square feet other than those specifically listed in the table (i.e., 12 sq ft, 400 sq ft, etc), the measurement distance may be calculated with the following formula: Measurement Distance = 11Area of Sign Sq. Ft x 100 ISA RESEARCH HOW TO MEASURE THE NIGHT-TIME BRIGHTNESS OF AN EMC WITH OPERATIONAL CONTROL (Note: This method can be completed by one individual, but requires operational control to shutoff the EMC) STEP 1 OBTAIN AN ILLUMINANCE METER. Purchase or otherwise procure an illuminance meter. Most city/county traffic departments have an illuminance meter, which are also referred to as lux or footcandle meters (lux is the metric measure of illuminance; footcandles is the English measure of illuminance). The illuminance meter must have the ability to provide a reading up to two decimal places and must be set to read footcandles. It is pre=erred to have an illuminance meter with a screw -mount that allows the sensor to be mounted on a tripod. A tripod ensures that the highly sensitive sensor is held perfectly still; otherw se it may be difficult to obtain an accurate reading. STEP 2 DETERMINE SQUARE FOOTAGE. Determine the square footage of the face of the electronic message sign (EMC) by multiplying the height and width of the EMC. This infor- mation may be available in a permit application, or can oe determined by physically measuring the height and width of the EMC. Do not include the sign face square footage attributable to cny additional static signs associated with the EMC (if applicable). STEP 3 DETERMINE THE MEASUREMENT DISTANCE. Using the total square footage found in Step 2, look up the measurement distance in the table provided in the Recommended Legislative Language on page 8, to determine the distance to measure the brightness of the EMC. The distance should be measured perpendicular to the EMC sign face. The use of a measuring wheel, laser finder or a smartphone app are the most convenient ways to measure the distance. International Sign Association 9 ISA RESEARCH STEP 4 STEP 6 PREPARE THE DISPLAY FOR TESTING. ENSURE THAT THE DISPLAY CAN ADJUST TO DIFFERENT AMBIENT CONDITIONS. Ensure that the EMC is programmed to alternate between a solid white (or in the case of a monochrome display - the solid color of the display) message and a blank message. The community may require that the sign owner cooperate with testing by programming the EMC for testing upon written notice. STEP 5 USE AN ILLUMINANCE METER TO MEASURE THE BRIGHTNESS OF THE EMC. Mount the sensor of your illuminance meter to a tripod and orient the sensor directly towards the face of the EMC at the measurement distance determined in Step 2. Ensure that the illuminance meter is set to measure footcandles up to two decimal places. As the display alternates between a solid white message and an "off" message, note the range of values on the illuminance meter. If the difference between the readings is less than 0.3 footcandles, then the brightness of the display is in compliance. If not, the display will need to be adjusted to a lower brightness level using the manufacturer's recommended procedures. 10 � International Sign Association Inspect the sign to ensure that it incorporates a photocell or other technology to ensure that the display can adjust according to ambient lighting conditions. Delicious Menu items in August As the display alternates between a solid white message and an "off" message, note the range of values on the illuminance meter. If the difference between the readings is less than 0.3 footcandles, then the brightness of the display is in compliance. ISA RESEARCH HOW TO MEASURE THE NIGHT-TIME BRIGHTNESS OF AN EMC WITHOUT CONTROL OF THE SIGN (Note: This method requires two individuals, but does not require operational control of the EMC.) There will be instances where the EMC illumination needs to be evaluated to ensure that it does not exceed the brightness levels established in the municipal sign ordinance. If the municipality is unable to obtain access to the sign controls or attempting to take the measurement after business hours, this method should be followed. Unlike the six -step process described previously, this process measures the difference in brightness between the sign in operation and when the sign is completely blocked from the illuminance meter. This proce- dure is extremely simple and requires only an illuminance meter and a piece of painted cardboard cut to the proper size. STEP 1 OBTAIN AN ILLUMINANCE METER. (See previous Step 1) STEP 2 DETERMINE SQUARE FOOTAGE. (See previous Step 2) STEP 3 DETERMINE THE MEASUREMENT DISTANCE. (See previous Step 3 or use V(Area cf Sign in Sq. Ft. x 100)) STEP 4 POSITION THE TESTERS. Based on the size of the digital display, the person conducting the test should position themselves as close to directly in front of the digital display as practical, at the appropriate distance (calculated in Step 3). A helper should position themselves about 7 ft. to 10 ft. in front of the light meter and hold up an opaque, black sheet of material that is roughly 12 in. high by 40 in. wide. (Regular cardboard painted matte black works well for this.) The sheet should be positioned so it blocks all light from the EMC, but still allows the remaining ambient light to register on the illuminance meter. EMC Area Measurement Distance ,i 2.4 ft' 49 ft 32 ft2 57 ft 50 ft2 71 ft 100 ft2 100 ft This helper should use a cardboard sheet to block the EMC light from the footcandle meter. This will establish the baseline footcandle reading. �a After the cardboard block is held in place, a reading should be taken for the ambient light. In this example, various light sources are impacting the photocell measuring 2.3 footcandles of ambient light. This is the baseline for the measurement. Write it down. Landscape Lights Traffic Lights House l fights Commercial lights Street lights • Sign Association 11 ISA RESEARCH STEP 5 USE AN ILLUMINANCE METER. The illuminance meter should be held at a height of about 5 ft. (which is approximately eye level) and aimed directly at the EMC. The illuminance meter will account for surrounding sources of light or the absence thereof. In this case our ambient light reading was 2.3 fc. The new light reading with the LED displaying a full white frame cannot read above 2.6 fc or 2.3 (ambient) + 0.3 (threshold). If a full white frame cannot be arranged, watch the meter to see if any ad exceeds 2.6 fc. r At this point, readings should be taken from the illuminance meter to establish a baseline illumination level. (ISA recommends that the illuminance meter is capable of levels to 2 decimal places 0.00). Once the baseline level is established, add 0.3 footcandles to the baseline level to calculate the max brightness limit. (For example: Baseline reading is 3.15 footcandles. The max brightness level is 3.45 footcandles.) STEP 6 DETERMINE THE BRIGHTNESS LEVEL. Remove the opaque sheet from blocking the EMC. Watch the foot- candle meter for 3 to 5 minutes to see if the max brightness level is exceeded by any of the images on the sign. If the readings do not exceed the max brightness levels, then the EMC illumination is in compliance. If any of readings consistently exceed the max brightness level, the lighting level is not in compliance. In this scenario, the municipality will need to inform the sign owner of noncompliance and take appropriate steps to ensure that the EMC be adjusted to a lower brightness level using the manufacturer's recommended procedures. 12 c International Sign Association • ,MINIMUM •iOTAUSANT • • • ries PS. A. BANK ASs r+4155,1 DICK'S SPONTr1n0 60003 'OFF 5TH 1.50(' •• GOLF GALAXY Mr Container Store UM • If any of readings consistently exceed the max brightness level, the lighting level is not in compliance. ® INTERNATIONAL SIGN ASSOCIATION 1001 N. Fairfax Street, Suite 301 Alexandria, VA 22314 703.836.4012 Ph 703.83 6.83 53 Fax www.signs.org A Legal and Technical Exploration of On -Premise Sign Regulation An Evidence Based Model Sign Code Dawn Jourdan, Esq., Ph.D. University of Florida H. Gene Hawkins, Jr., Ph.D., P.E. Hawkins Engineering Robin Abrams, Ph.D. Texas A & M University Kimberly Winson-Geideman, Ph.D. University of North Texas URBAN DESIGN ASSOCIATES Model Sign Code Executive Summary The on -premise commercial sign' is one of the primary means by which a business conveys its message of commerce. These signs identify businesses by name, address, and product sold. In some cases, these signs can be used to put forth non-commercial messages that inform the community. It is to the benefit of businesses that these signs be well - designed and erected in contexts that do not diminish the messages they seek to communicate. This objective may be accomplished through municipal regulation. Unlike most modern sign codes which attempt to regulate on -premises signs on the basis of police powers, Urban Design Associates has drafted this municipal sign code which is based on the best available transportation planning and engineering research. This evidence -based approach to regulation seeks to ensure that signs, as commercial speech, are afforded some guaranteed constitutional protections. This report begins with a discussion of the legal issues fundamental to the regulation of on -premise commercial signs. Next, the report describes the technical research related to issues of the legibility of on -premise signs. The third section of this report features an evidence -based model sign code, crafted to reflect the identified legal and technical issues. Multi -tenant sign ' This model sign code deals only with on -premise signs, not those signs that are off -premise, otherwise known as billboards. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code I 2 Fundamental Legal Issues in the Regulation of On -Premise Signs legal Report Prepared by Dawn Jourdan, esq, Ph.D. University of Florida In Cooperation with Urban Design Associates College Station, Texas A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 3 Fundamental Legal Issues In the Regulation Of On -Premise Signs An Introduction The visual environment is a highly contested space. In particular, local governments and business owners often find themselves in conflict with respect to the regulation of on -premise commercial signs. Municipalities have widely begun to impose some level of regulation on this form of communication on grounds that certain types of signs interfere with public values relating to both aesthetics and traffic safety. These regulations sometimes fail to recognize the true value of signs to the businesses they advertise, as well as to the economic vitality of communities as a whole. More importantly, many of these sign codes fail to meet constitu- tional muster because they do not embrace the First Amendment protections to which on -premise commercial signs are entitled. This report seeks to review the legal underpinnings critical to the regulation of signage in an effort to develop a model sign code which is performance - based and which (1) embraces the value of signs in support of the local business economy; (2) recognizes that signs are speech with inherent First Amendment protection; and (3) backs all efforts to regulate this type of speech with scientific evidence justifying the need for such provisions. Local Government Efforts to Regulate Signage Local governments have attempted to regulate signage for more than a century. Early efforts by municipalities to regulate signage were struck down by state courts. In City of Passaic v Patterson Bill Posting, Adv. & Sign Painting, 62 A. 267 (N.J. Err. & App. 1905), a New Jersey court invalidated an ordinance which sought to regulate sign height and setbacks on the basis of improving community aesthetics. According to the court: Aesthetic considerations are a matter of luxury and indulgence rather than of necessity, and it is necessity alone which justifies the expertise of the police power to take private property without compensation. Id at 268. At the time, the police powers of local governments in all realms of city planning were interpreted narrowly. Zoning powers were expanded by the Supreme Court's 1926 decision in Village of Euclid v. Ambler Realty Co., 272 U.S. 356, which permitted cities to engage in the regulation of those zoning activities which were to the benefit of the public's general health, safety, and welfare so long as there was a rational basis for such regulations. Pursuant to the rational basis standard of judicial scrutiny, a municipal regulation will be upheld as long as it is not arbitrary or capricious. This standard places an almost insurmountable burden of proof on the complainant to prove that there is no rational basis to support the government's regulation. Rational basis continues to be the standard of scrutiny applied to most zoning and land use regulations. In 1954, the high court extended the reach of these objectives to issues of aesthetics. In Berman v. Parker, 348 U.S. 26, the Court stated, in dicta: The concept of public welfare is broad and inclusive. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled (348 U.S. at 33). A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code i 4 While many continue to embrace the ruling in Berman as grounds for aesthetics -based regulation, including the regulation of signage, it is important to note that this case focused on aesthetic issues associated with urban renewal, not forms of communication protected by the First Amendment. This distinction is at the heart of a public policy divide which separates the business community from those government officials who regulate signage, and will be discussed in detail in the sections which follow. The Problem with Street Graphics & the Law The aforementioned distinction has long been unrecognized in planning practice and scholarship. Rather, the planning community has historically treated signage as a land use to be regulated by the traditional tools associated with zoning activities. In Street Graphics (1971), William Ewald and Daniel Mandelker proposed a scheme for regulating signage that has served as the primary resource used by communities seeking to impose signage regulation. They proposed a regulatory scheme that: [Willi allow individuals and institutions the freedom to express their personalities and purposes —but within the framework of official guidelines that will insure that these expressions are compatible with the areas around them, appropriate to the activities to which they pertain, and clearly readable under the circumstances in which they are seen (Ewald et al., 1971, p. forward). In this work, Ewald and Mandelker suggest: "The primary function of on -premise street graphics is to index the envi- ronment: that is signs should tell people where they can find what." In a 2004 issue of Signline, however, Dr. James Claus explains how limited this perspective is, suggesting that an on -premise sign is equal in value to that of a handshake exchanged between business owner and customer. Dr. Claus contends that signs serve a number of critical functions beyond identification, as proposed by Ewald and Mandelker, including: memory building, induction of impulses to stop at a business, enhancement of the shopping experience, as well as informational and educational purposes. According to Dr. Claus, Ewald and Mandelker's model sign code sets forth a series of guidelines which fail to take into account the full nature and significance of signage for commercial enterprise. Indeed, the primary purpose of on -premise signs is to propose commercial transactions to viewers of their content, the sign. This is what makes this form of communi- cation speech, rather than a land use to be regulated. The largest shortcoming of Street Graphics is that the work fails to embrace the long line of Supreme Court precedent which affords First Amendment protections to the commercial speech embodied in on -premise signs. While several key stakeholders have sought to notify the planning community with respect to the problems inherent in Street Graphics and the sign codes it has inspired, additional efforts, such as this Model Sign Code, are necessary in order to further the momentum of this effort. UDA seeks to use the traditional form of the sign code as a template for creating a performance -based model sign code that embraces this new way of thinking about signs, i.e. as speech and not land use activities. Exploration of federal case law pertaining to the regulation of on -premise signs emanating from U.S. Constitutional law will serve as the legal basis for the proposed code. Origins: First Amendment Protections Afforded to Commercial Speech It was not until the relatively recent past that the U.S. Supreme Court recognized the application of First Amendment protections to commercial speech, including on -premise signage. In 1975, the nation's high court ruled that First Amendment protections attach to commercial advertisements. Bigelow v Virginia, 421 U.S. 809 (1975). In Bigelow, the Supreme Court invalidated a State law which sought to prevent a newspaper from publishing an advertisement informing women where they might find a clinic willing to perform an abortion. The court rejected the State's primary argument that the regulation was a valid exercise of its regulatory powers due to the fact that the speech involved was commercial in nature. The high court disagreed with this proposition. Citing Ginzburg v. U.S., 383 A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 5 U.S. 463 (1966), the court held: that the existence of it commercial activity, in itself, is no justification for narrowing the protection of expression secured by the First Amendment." The most important aspect of Bigelow was that the decision altered the Court's previous ruling in Railway Express, the last case that adjudicated speech under a rational basis standard. Bigelow paved the way for a long line of court precedent that recognizes the free speech rights which attach to commercial speech. A year later, the Court considered a similar issue in Virginia Pharmacy Board v Virginia Consumer Council, 425 U.S. 748 (1976). There, the VCC challenged a State law which deemed it unprofessional conduct for a licensed pharmacist to advertise the price of prescription drugs. In this case, the Court recognized a reciprocal right for businesses to advertise and consumers to receive such information. The Court reiterated its previous holdings on the issue, stressing that commercial speech was entitled to no less First Amendment protection merely because of the economic nature of the communication. The Court went so far as to say that the free flow of commercial speech should be considered ...an instrument to enlighten public decision making in a democracy" Id. at 766. In dicta, the Court held that some commercial speech regulations may be appropriate provided that: (1) they are justified without regard to content; (2) serve a significant governmental interest; and (3) leave open ample alternative channels for communication. Id. The following year, the high court struck down a local regu- lation which sought to prohibit the display of "for sale" signs in an effort to promote "stable, racially integrated housing" in LinmarkAssociates, Inc. v. Willingboro, 431 U.S. 85 (1977). The Court's opinion contained a significant discussion of evidence, finding that there was insufficient evidence to show that the restriction could, in fact, accomplish the intended purpose. Holding fast to precedent, the Court was quick to rule that this type of communication was guaranteed First Amendment protection. In this case, the Court ruled that the law was invalid because it took away the best alternative for communicating the sale of residential real estate. With respect to the significance of the governmental interest involved, the Court agreed with the municipality's assertion that the objective was important but stated that the governmental entity had failed to show the link between the ordinance and the stated objective. Id. Such restrictions, if not checked by the courts, are likely to have a chilling effect on protected speech. Relying on the broad powers vested in them by State enabling legislation, cities are often quick to regulate on -premise signage like other land uses. This decision flies in the face of impor- tant jurisprudence which must be revisited. Due to their intended purposes, signs, including those displaying commercial messages, must be viewed as speech. This does not mean that this form of communication cannot be regulated by local government. What it does mean, however, is that great care must be taken by local governments to ensure that sign codes do not infringe upon the Constitutional protections afforded by the First Amendment. Sign Regulation and the Evolution of the Central Hudson Test In 1980, the Supreme Court rendered an opinion that had a deep impact on the regulation of commercial signage. In Central Hudson Gas & Electric Company v. Public Service Commission, 447 U.S. 557 (1980), the Court ruled that a New York statute which prohibited electric companies from advertising to promote the use of electricity was unconstitutional. Id. The Court laid out what is now referred to as the Central Hudson test: In commercial speech cases, then, a four-part analysis has developed. At the outset, we must determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. Next, we ask whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve that interest. Id at 566. Based on the fourth prong of the test, the high court held that regulation was broader than necessary to achieve its intended purpose. Id. The following year, the high court had the opportunity to apply the test developed in Central Hudson in another matter. The final opinion rendered in Metromedia, however, failed to offer a clear application of the test. Metromedia, Inc. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code I 6 v San Diego, 453 U S 490 (1981) Instead, the holding in the case has been the source of great confusion with respect to the regulation of signage Interestingly, while the Court had the opportunity to apply the intermediate scrutiny standard of review set forth in Central Hudson, their analysis, as further detailed in Justice Brennan's concurring opinion, reveals that they opted to apply rational basis analysis in evaluating the constitutionality of the ordinance Id The controversy centered on a San Diego ordinance which sought to ban off -premise billboards while exempting on - premise signs Five separate opinions were issued by the Court in this case The Court's final opinion was limited to the authority of cities to regulate billboards, a form of off -premise signs The Court recognized that other methods of communicating ideas would require "a law unto itself" and that law must reflect the "differing natures, values, abuses and dangers" of each method Id It is critical that the planning community understand the limited nature of this opinion Metromedia represents the law of billboards, little else In spite of this limitation, this decision is often heralded as the basis for an expansion of power which enables munici- palities to regulate signage on the basis of traffic safety concerns While that may be the law with respect to the regulation of billboards, the opinion does not offer any binding legal authority which connects the proposition to on -premise signs The City of San Diego seemed to recognize this distinction in its ordinance, by choosing to exempt on -premise signs from the proposed ban With respect to Metromedia, it is also important to note that the decision has not led to the kind of clarity with which some courts try to ascribe to it A federal district court in Florida eloquently discussed the limitations of this ruling It is truly a Herculean task to wade through the mire of First Amendment opinions to ascertain the state of the law relating to sign regulations, beginning with the Supreme Court's leading decision on billboard regulations in Metromedia, Inc v City of San Diego, 45 U S 490, 570, 69 L Ed 2d 800, 101 S Ct 2882, (1981) (plurality) (Rehnquist, J , dissenting, who referred to the plurality decision as a "virtual Tower of Babel, from which no definitive pnnciples can be clearly drawn") There is much variety and diversity of opinions in this area (in addition to sign ordinances, courts have reviewed First Amendment challenges to adult entertainment clubs, tobacco advertising and the noise volume of music concerts), suggesting that constitutional law on this subject is far from clear The ruling in Edenfield v Fane represented the high court's next meaningful application of the Central Hudson test Edenfield v Fane, 507 U S 761 (1992) In Edenfield, the Court was asked to adjudicate the validity of a Florida law prohibiting CPAs from engaging in the personal solicitation of new clients The Court ruled that the personal solicitation was commercial expression, entitled to First Amendment protections The Court held that regulation of such expression is appropriate so long as is "tailored in a reasonable manner to serve a substantial state interest " Id at 767 The Court, in applying the Central Hudson test to its evaluation of Florida's law, redirected the burden of proof to the regulator Specifically, the Court ruled "In this analysis, the Govern- ment bears the burden of identifying a substantial interest and justifying the challenged restriction " Id at 770 Here, the Court ruled that the State had not met its burden of proof under Central Hudson The planning community must recognize that this decision represents a significant departure from broad level of deference afforded by the courts to decisions made by local government officials Because of the holding in Edenfield, local governments must prove that any harm they seek to address with an ordinance is materially advanced by the proposed regulations This ruling compels governments to do more than allege traffic safety or aesthetics concerns as they basis for signage regulations As a result of Edenfield, courts will compel local governments to produce evidence that the ordinance directly accomplishes their stated goals, such as traffic safety or aesthetics Local governments must be able to prove that on -premise commercial signs have an impact on traffic safety and the ordinance factually accomplishes an improvement in traffic safety In the absence of such quan- tifiable proof, the constitutional legitimacy of sign codes stand on shaky ground The legacy of Central Hudson was again reinforced by the Court in City of Cincinnati v Discovery Network, Inc , 507 A Legal and Technical Exploration of On -Premise Sign Regulation An Evidence Based -Model Sign Code 7 U.S. 410 (1993) . Applying the four prong test, the U.S. Supreme Court overturned a city regulation which sought to prohibit the location of some commercial newsracks on city streets on the basis of aesthetics and safety concerns. In reviewing the case, the Court held that the city had failed to establish a reasonable fit between its legitimate interests in safety and aesthetics and the means chosen to serve those interests. Id. In the Court's view, the aesthetics and safety justification was not substantial enough to justify discrimi- nation between permitted and unpermitted newsracks, both of which the high court deemed "equally unattractive." Id. at 425. In this opinion, the Court rejected two previously imposed jurisprudential requirements (1) that the regulation had to be the "least restrictive means" of achieving said goal and (2) that a rational basis was a sufficient justification for such regulations. Id. at 417. The Court also discounted arguments that the regulation should be allowed to stand as a content neutral time, place and manner restriction. Id. Here, the Court held that the ban was clearly content -based, seeking to eliminate only those newsracks that held commer- cial publications. Id. Relying on the same line of precedents, the high court struck down a Rhode Island regulation which disallowed alcohol distributors from advertising the sale process of liquor in 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484 (1996) . The alleged substantial state interest in the case was the promotion of temperance. Despite the fact that the State produced some evidence of the relationship between the advertisement of alcohol products and the problem it sought to solve, the Court held that the State failed to show that it had employed all other means of furthering temperance. The Court stated that a regulation of speech could not be allowed to stand if it regulated more speech than necessary to achieve its intended purpose. A complete ban of alcohol - related advertising was determined to be overly restrictive because the State could not produce direct evidence that a ban on this type of speech would produce a measurable im- provement in the goal of promoting temperance. This case is also important because the opinion rejected past decisions where the Court had deferred to the government even when it had failed to prove compliance with Central Hudson. This is another key issue to be considered by regulators who seek to place restrictions on on -premise signage. Sign ordinances that do not provide evidence of compliance with Central Hudson can potentially be invalidated. In 2001, the tobacco industry sued the State of Massachu- setts for regulations which limited the industry's ability to advertise its products within 1,000 feet of schools and playgrounds and required all indoor advertising of such advertisements at least five feet off the floor. Lorillard Tobacco Co. v Reilly, 533 U.S. 525 (2001). While the Supreme Court agreed with the State's Attorney General that the interest advanced by the regulation was legitimate at least in the case of the restrictions barring advertising near schools and playgrounds, it ruled that the regulations failed to satisfy the fourth prong of the Central Hudson test. Id. Specifically, the Court held that the burden imposed on the speech was disproportionate to any benefit that might be received from implementing the regulation. Id. This decision is particularly important as it denotes a possible future shift in the level of scrutiny applied to on -premise sign ordinances, as was pro- jected by the Court in 44 Liquormart, shifting the applicable standard of review from intermediate to strict scrutiny in cases where signage regulations are content -specific. It is important to note that most sign codes are not limited to commercial signs, and thus they must comply with the noncommercial speech standards as well. Time, Place and Manner Regulations Unfamiliar with the Central Hudson test, the planning community often seeks to regulate signage with the same approach allowable for the regulation of other constitutionally protected land uses, like adult entertainment. Familiar with Renton v. Playtime Theatres, 475 U.S. 41(1986), cities seek to regulate signage using the "time, place, and manner" (TPM) test. This test is relevant to the regulation of signage. The TPM test is appropriately applied to ordinances which seek to regulate all types of signage in content and view- point -neutral fashion. In United States v. O'Brien, 391 U.S. 367 (1968), the Supreme Court held that content -neutral regulations on commercial communication are subject to intermediate level scrutiny which requires such a regulation to be narrowly tailored to further an "important governmental interest unrelated to the suppression of free speech and does not burden substantially more speech than necessary to further those interests." Turner Broadcasting Corp. v. FCC, 520 U.S. 180 (1997). The Supreme Court relied on this test A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code i 8 in its analysis of a sound amplification ordinance imposed by Rock Against Racism for a performance at an outdoor venue when it found that said ordinance sought to protect the community from a harm, i.e. noise pollution, "in a direct way" Ward v. Rock Against Racism, 491 U.S. 781, 798 (1989). In Turner, the Court considered the evidence before it to determine if the regulation directly and materially advances the stated purpose, abandoning the generalized deference often associated with land use policies. This, coupled with the fact that most commercial signage regulations are also reviewed for compliance with the Central Hudson test in the case of as -applied challenges to sign regulations, places a new burden on localities to ground their sign codes in more than mere conjecture about traffic safety or aesthetics. In the future, the production of quantifiable evidence regarding these issues may be the only way that sign codes will survive such legal challenges. Sign Regulation and the Public Forum Doctrine The land use designation of the property where a sign is posted is relevant to the discussion regarding the regulation of signage. Property may be public or private. Public property includes those lands held and used primarily for some governmental purposes. The government has the authority to allow, regulate or even ban the placement of signage on public property. In 1984, the Court reviewed the constitu- tionality of a Los Angeles Municipal Code provision which prohibited the posting of signs on public property in City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984). The Court held that the regulation was a content -neutral and even- handed approach that accomplished the goal of improving the city's aesthetic interest. Id. In this case, the Court found that sufficient channels of communication had been left open by allowing the posting of such signs on private property. Id. A different set of principles governs the regulation of signage displayed in private forums as was demonstrated by the high court's ruling in City of Ladue v. Gilleo, 512 U.S. 43 (1994). Privately owned properties such as residences and businesses make up private forums. Ladue involved the challenge of a city sign ordinance which effectively barred private residential property owners from displaying all signs on their properties. The City of Ladue provided the same basis of justification for this ordinance as was offered in Vincent — an interest in reducing visual clutter. This ordinance was enforced against Gilleo for displaying a sign with an anti -war message in her window at her private residence. Here, the Court applied the time, place, and manner as this was a non-commercial speech case. The Court held that the ordinance went too far, finding that such interests could have been served by more temperate measures. Id. The legal distinction between public and non-public forums must be fully understood by those who seek to regulate signage. Local governments may regulate the display of signs in public forums so long as they adhere to First Amendment jurisprudence. However, when it comes to non-public forums, the rational basis standard applies so long as viewpoint discrimination does not occur. See Perry Education Assoc. v. Perry Local Educators' Assoc. 460 U.S. 37(1983). As such, sign codes which attempt to regulate on -premise commercial signs, as well as other sign types, on private property must meet the heightened level of scrutiny established by Central Hudson and the cases that followed it. Content v. Viewpoint Regulation Local government officials can be confused by a distinction made by the Court between content and viewpoint -based regulations. Content -based regulations typically seek to limit all types of communication on an issue based on subject matter regardless of view -point. With respect to signs, content - based regulations include, for example, regulations which allow the display of electronic message centers but limit the moving copy to the inclusion of date, time, and temperature. Mother example of a content -based sign regulation is a requirement that dictates the placement and removal of election signs within a certain time frame surrounding an election. The U.S. Supreme Court has not been called upon to consider these the constitutionality of these arguably content -based restrictions. As a general rule, content -based regulations may be permitted if they are adopted to control secondary effects of speech, not to suppress it. Little clarity exists on this issue beyond this general principle. While this issue is unresolved by the courts, localities may be well advised to revisit any provisions of their ordinances which restrict the content of certain sign types. A Legal and Technical Exploration of On-Prenise Sign Regulation: An Evidence Based -Model Sign Code 9 A regulation which seeks to ban all signs which incite violence against any member of a particular community is viewpoint - based because it does not seek to ban other signs which do not seek to incite said violence. A regulation, such as the one drafted by the City of St. Paul in R.A.V. v. City of State Paul, 505 U.S. 377 (1992), will be deemed viewpoint based and will only survive judicial review if it complies with the standards applicable to the highest level of scrutiny. In R.A. V, the City drafted a Bias Motivated Crime Ordinance which sought to prohibit the display of symbols known to arouse "anger, alarm or resentment in others on the basis of race, color, creed, religion or gender." Id at 377. The Court judged the ordinance to be facially -unconstitutional because it sought to prohibit speakers from expressing unpopular viewpoints. Id. The interest in this case, i.e. sending a message that the city does not condone hate speech or hate groups, was not deemed sufficient to justify the selective silencing of speech. While the Court agreed with the city on the principle that the ordinance served a compelling state interest, they suggested that "an ordinance not limited to the favored topics, for example, would have precisely the same beneficial effect" Id. at 396. Cities must tread lightly when seeking to regulate either the content or viewpoint displayed on signs. Signage Regulation and the Law of Amortization Whenever the government seeks to require the removal of an on -premise sign, takings challenges come into play. Regulations which compel the removal of nonconforming signs often rise to the level of a compensable taking. Several recent state court rulings indicate that such takings can be expensive propositions (Claus, 2002). In Caddy v. Hamilton County (lower court case; no Westlaw cite), the jury awarded $1.8 million to a business owner for the loss of on -premise signage when his property, including grandfathered signs, was taken via eminent domain proceedings (Claus, 2006) . The jury awarded an additional $1.3 million dollars in just compensation for the value of the condemned real property and building (Claus, 2006). According to Dr. Claus (2002, p 74): Thus the combined award gave the owner sufficient money to not only replace land and building, but also protect the former income stream with funds, which, if prudently invested, would annually cover replacement advertising expenses without adversely affecting land sales. To avoid having to compensate sign owners for takings, some municipalities have developed amortization strategies which permit the continued use of nonconforming signs for a period deemed long enough to allow the owner to fully depreciate the investment. This strategy has been deemed appropriate if the term of amortization is reasonable. Reasonableness determinations involve consideration of the following factors, including initial capital investment, life expectancy, salvage value, and extent of depreciation, among others. Georgia Outdoor Advertising Inc. v. City of Waynesville, 900 F.2d 783, 786 (4th Cir. 1990); Major Media of the Southeast, Inc. v. Ci y of Raleigh, 792 F.2d 1269, 1274 (4th Cir. 1986). Such reasonableness determinations are becoming more difficult to prove due to the fact that these criteria fail to adequately reflect the true value of signs. In The Value of Signs, Dr. Claus proposes an appraisal scheme, which he has employed with great success, to assist communities in understanding the real economic impacts of "taking" or amortizing signage (Claus, 2002). The Ohio Court of Appeals validated this approach in City of Norwood v. Burton, 164 Ohio App.3d 136 (2005), where Dr. Claus testified that the owner of a property next to a shopping mall was entitled to compensation for the loss of a sign in the amount of $500,000 to replace the value of the sign based on mere visibility (the City of Norwood had offered approximately $200,000). Damages awarded in such cases may exceed the value ascribed to visibility as some courts have also made cities pay damages to and the attorney's fees of affected property owners on the grounds that their civil rights have been violated. See Ballen v. City of Redmond, 463 F.3d 1020 (WA 2006); Outdoor Systems Inc. v. City of Mesa, 997 F.2d 604 (AZ 1993); Dimmitt v. Ci y of Clearwater, 782 F. Supp. 586 (M.D. FL 1991); XXL of Ohio, Inc. v. City of Broadview Heights, 341 F. Supp.2d 825 (N.D. OH 2004). Because amortization is a costly proposition to both businesses that display signs and the communities which seek to remove them, the planning community should consider new ways to solve the problems they typically ascribe to nonconforming signage. One effective method for bringing out of date or A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 10 unsafe signage into compliance with new performance standards is for municipalities to adopt standards dealing with the abandonment of signs. Arguably, when a business closes and is not reopened by its original owner or a new enterprise for a substantial period of time, a sign has been abandoned. However, this approach is not foolproof. On - premise signs function primarily as speech. However, they are also an accessory land use tied to their physical location. Dr. Claus' appraisal approach could readily conclude that a temporarily unused sign located on a legally zoned commercial property adds value to that property and cannot be removed without compensation. Egregious failure to maintain a sign to the point at which the sign becomes hazardous may also be viewed as abandonment. In such cases, it may be appropriate to require the replacement of out of date signage with new signs that comply with modern performance standards. In order to avoid takings challenges, communities must provide a clear definition of abandonment to ensure that this sort of provision is not employed in an arbitrary fashion. In some instances the issue of non -conformity is solely due to communities having adopted highly restrictive ordinances that infringe on free speech rights pertaining to both com- mercial and non-commercial communications. In order to correct this problem, planners should modify sign ordinances to ensure that they are no more restrictive than necessary to serve the community's goals while enabling effective commercial speech. If localities do not change their approach to dealing with nonconforming signage, businesses may seek to retain and maintain non -conforming signs because the alternative, new code compliant signage, is too small and restricted to fulfill the primary purpose, commercial speech. Signage Regulation and Prior Restraint Most cities require those who seek to display on -premise signs to obtain a license to do so prior to construction or display. Requiring such review prior to the installation of a sign is a form of "prior restraint." The prior restraint occurs as a result of the fact that the speaker is restrained from communicating his or her message until the regulator approves the speech. Despite this limitation on speech, prior restraints are legal in certain circumstances so long as they comply with the safeguards established by the Supreme Court in Freedman v. Maryland, 380 U.S. 51 (1965). In order to survive a prior restraint challenge, a sign code must employ the safeguards outlined by the Supreme Court in Freedman v. Maryland, 380 U.S. 51 (1965). These include: 1. The municipality must bear the burden of taking the denial to a judicial proceeding; 2. Bear the burden of persuasion at the judicial proceeding; 3. Limit any restraint prior to the judicial determination to a specified brief period of time; and 4. Guarantee a prompt judicial determination. Id. at 62. The Supreme Court has relied on the prior restraint doctrine to invalidate sign ordinances which failed to include adequate procedural safeguards set forth in Freedman. Grayned v. City of Rockford, 408 U.S. 104 (1972); Kolender v. Lawson, 461 U.S. 352 (1983). Vagueness and unbridled discretion are two related issues of concern in the context of sign regulation. A sign code will be considered vague if it fails establish clear requirements, or to set forth a clear process for obtaining permits to construct signs, a reasonable time period for decision making by the local zoning officer, and an adequate appeals procedure in the case a denial is issued. Generally, to survive a vagueness challenge "a statute must be sufficiently clear so as to allow persons of `ordinary intelligence' a reasonable opportunity to know what is prohibited..." Hoffman Estates v. The Flipside, 455 U.S. 489, 498 (1982). The standard of review is heightened when the statute in question regulates speech which is protected by the First Amendment. In such cases, "an even greater degree of specificity and clarity of the law is required." KEV Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986). A sign code may also fail to meet legal muster if it gives unbridled discretion to local decision makers. For example, a review process will be deemed unfair when the decision maker may pass on permits for signage or censor the content of the commercial communication due to the absence of objective standards for issuance of the permit or, in the alternative, the presence of standards that are not clear to A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code Electronic Message Center Sign "ordinary people," per the high court's ruling in Hoffman Estates. Hoffman Estates, 455 U.S. at 498. Returning to the issue of specificity, modern sign codes must outline objective standards upon which the approval or denial of permits and variances will be issued to provide guidance to both appli- cant and decision maker. Federal Trademark Law A short mention of federal trademark law is important to the discussion of sign regulation. The Federal Lanham Trademark Act, 15 U.S.C. §1051, et seq., was adopted by Congress in an effort to preserve and protect the integrity of federally registered names, marks, emblems, slogans, and colors. The Act specifically prohibits any unit of State or local government from requiring the alteration of such marks for display purposes. 15 U.S.C. §1121(b). This Act has prevented local governments from requiring businesses to change their names. Sambo's of Ohio v. City Council of Toledo, 466 F. Supp. 177 (N.D. Ohio 1979). The issue of color is a little less settled. While the 9th Circuit struck down an ordinance which attempted to require Blockbuster to use a color scheme that did not match its federally registered trademark in Blockbuster Video Inc. & Video Update v. City of Tempe, 141 F.3d 1295 (9th Cir. 1998), the 2nd Circuit issued a contrary opinion in Lisa's Party CO Inc. v. Town of Henrietta, 185 F. 3d 12 (2d Cir. 1999). This split in jurisprudence reflects a more important and unresolved matter that the Supreme Court could one day be called upon to resolve: Does the Lanham Act protect colors in trademarks used in signs? Whether regulating colors on signs is a content -based regulation or a time, place and manner regulation, is a First Amendment issue, which, to the best of the author's knowledge has not been tested. Guiding Principles for the Development of a Model Sign Code The need for well-built and attractive on -premise commercial signage is clear. Businesses that do not have adequate signage, or that the public considers run-down or unattractive, will fail to compete in the local marketplace, potentially con- tributing to the destabilization of the local economy. Localities, as such, have an important role in drafting sign codes which guide businesses to craft signage. In preparing such codes, localities must tread carefully so that such regulations do not impede on the constitutional protections guaranteed to commercial speech. Localities must not treat signs, commercial or non-commercial, like traditional land uses because signs are, in fact, speech and entitled to an evolving set of protections defined by the courts. Sign code drafters must move beyond efforts to draft codes on the basis of general notions of safety and aesthetics which have little or no scientific backing. The scientific community is accu- mulating a significant amount of signage and its relationship to public and traffic safety. The inclusion of empirical research in signage regulation will provide the necessary basis for regulations which might otherwise be deemed to abrogate the rights afforded to this medium of communication by the Constitution. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 12 Works Cited 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484 (1996) Ballen v. City of Redmond, 463 F.3d 1020 (WA 2006). Berman v Parker, 348 U.S. 26 (1954). Bigelow v. Virginia, 421 U.S. 809 (1975) . Blockbuster Video Inc. & Video Update v. City of Tempe, 141 E3d 1295 (9th Cir. 1998). Caddy v. Hamilton County, lower court case; no Westlaw cite. Central Hudson Gas & Electric Company v. Public Service Commission, 447 U.S. 557 (1980) . City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984). City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410 (1993). City of Ladue v. Gilleo, 512 U.S. 43 (1994) . City of Norwood v. Burton, 164 Ohio App.3d 136 (2005). City of Passaic v. Patterson Bill Posting, Adv. & Sign Painting 62 A. 267 (N.J. Err. & App. 1905). Desert Outdoor Advertising, Inc. v. City of Moreno Valley, 103 E 3d 814 (9th Cir. 1996). Dimmitt v. City of Clearwater, 782 F. Supp. 586 (M.D. FL 1991). Edenfield v. Fane, 507 U.S. 761 (1992). Freedman v. Maryland, 380 U.S. 51 (1965). Georgia Outdoor Advertising, Inc. v. Waynesville, 900 E2d 783, 786 (4th Cir. 1990). Ginzburg v. U.S., 383 U.S. 463 (1966). Granite State Outdoor Adver., Inc. v. City of Clearwater, 213 F.Supp.2d at 1327 (11th Cir. 2003). Grayned v. City of Rockford, 408 U.S. 104 (1972) . KEV, Inc. v. Kitsap County, 793 E2d 1053 (9th Cir. 1986). Kolender v. Lawson, 461 U.S. 352 (1983) . Linmark Associates, Inc. v. Willingboro, 431 U.S. 85 (1977) Lisa's Party City, Inc. v. Town of Henrietta, 185 E 3d 12 (2d Cir. 1999). Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001). Metromedia, Inc. v. San Diego, 453 U.S. 490 (1981). • , • Modjeska v. Berle, 373 N.E.2d 255 (N.Y. 1977). Naegele Outdoor Advertising, Inc. v. City of Durham, 803 F.Supp. 1068 (M.D.N.C. 1992), aff'd, 19 F.3d 11 (4th Cir.), cert. den. 513 U.S. 928 (1994). North Olmsted Chamber of Commerce et al. v. City of North Olmsted, 86 E Supp. 2d 755 (N.D. Ohio 2000). Outdoor Systems Inc. v. City of Mesa, 997 F.2d 604 (AZ 1993). R.A.V. v. City of State Paul, 505 U.S. 377 (1992). Renton v. Playtime Theatres, 475 U.S. 41(1986). Sambo's of Ohio v. City Council of Toledo, 466 E Supp. 177 (N.D. Ohio 1979). Turner Broadcasting Corp. v. FCC, 520 U.S. 180 (1997). United States v. O'Brien, 391 U.S. 367 (1968). Village of Euclid v. Ambler Realty Co., 272 U.S. 356 (1926). Virginia Pharmacy Board v. Virginia Consumer Council, 425 U.S. 748 (1976). Ward v. Rock Against Racism, 491 U.S. 781, 798 (1989). XXL of Ohio, Inc. v. City of Broadview Heights, 341 E Supp.2d 825 (N.D. OH 2004). Claus, J. (2001). "Judicial Scrutiny Under the First and Fourteenth Amendments: Impact on Sign Regulation" Signline: Issue 33. Claus, J. (2002). "Prior Restraints in Sign Codes" Signline: Issue 36. Claus, J., S. L. Claus, and T. A. Claus. (2002). "The Value of Signs" The Signage Foundation for Communication Excellence, Inc. Sherwood, OR. Claus, J. (2004). "Street Graphics and the Law: A Flawed Perspective, Part 1" Signline: Issue 46. Claus, J. (2004). "Street Graphics and the Law: A Flawed Perspective, Part 2" Signline: Issue 47. Claus, J. (2006). "Eminent Domain and Compensation for Signage" Signline: Issue 49. Ewald, W. R. and D. R. Mandelker. (1971). Street Graphics. The American Society of Landscape Architects Washington D.C. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 13 Sign Legibility Considerations for On -Premise Signs Technical Report Prepared by H. Gene Hawkins, Jr., Ph.D., P.E. Hawkins Engineering In Cooperation with Urban Design Associates College Station, Texas Revised Draft Document March 24, 2011 A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 14 Technical and Scientific Issues Associated with the Regulation of On -Premise Signs Signs are a communication device. They are intended to communicate particular information to the reader of a sign. This document is concerned with how on -premise signs communicate information about a business to the customers or potential customers of a business. The effectiveness of that communication can have a significant impact on the success, or lack thereof, of the business. Certainly, the com- munication of information through an on -premise sign has legal, economic, business, and social perspectives. But at the basic level, the ability of a sign to communicate information, apart from all of the issues related to content, aesthetics, and economics, is essentially a technical issue of visibility and readability. For a sign to communicate the content to a user in an effective manner, a sign must be readable in the viewing conditions. This means that it must also be visible. Readability and visibility can be, and have been to some extent, defined in scientific terms. This technical report describes the technical issues associated with the readability and visibility of on - premise signs and, where that information is not specific to on -premise signs, the readability and visibility of other types of signs. These technical issues are associated with specific physical sign characteristics such as sign size, content size, sign location, user/reader characteristics, viewing environment, and many other factors described in this technical report. Background Information The need to address regulations for on -premise signs has grown as planners and local jurisdictions have increased the restrictiveness of sign ordinances. Many of the existing sign ordinances in place around the country are based primarily on preferences and opinions, as there is little in the way of quantitative and scientific research that fully addresses the various issues associated with these types of signs. However, there is a great deal of research that addresses traffic signs, some of which can be transferred to business sign applications. Comparison Documents Many different agencies have developed sign ordinances. As described in the legal report, some of these sign ordinances have been challenged in court and overturned. Others have proven to be acceptable. From a technical perspective, a document which provides substantial value is the Manual on Uniform Traffic Control Devices (MUTCD, 2003 and 2009), which is maintained by the Federal Highway Administration (FHWA) . The current MUTCD is the 2009 edition, which includes an entire part on signs (MUTCD 2009). With respect to signs, the MUTCD addresses application/selection, design, installation, operation, and maintenance. Where it is appropriate, this report will reference information in the MUTCD that may relate to the technical issues to be included in a model sign ordinance. However, there are many differences between traffic signs and business signs. The most significant of these differences is the lack of consistency in the design elements of business signs. Business signs use a wide range of shapes, typefaces, layouts, colors, lighting, and sizes to communicate the desired information while traffic signs are limited to specific type faces, shapes, sizes, and colors. It is this level of restriction on traffic signs that provide the ability to define with great precision the application, design, and installation of traffic signs. It is also what makes it sometimes challenging to transfer research findings from the traffic sign environment to the business sign environment. Section 1A.02 of the MUTCD identifies five basic principles of traffic control devices. The critical content of this section is presented in Figure 1. Each of these basic principles — fulfill A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 15 a need, command attention, convey a clear, simple meaning, command respect from road users, and give adequate time for proper response — lead to specific measurable criteria for a sign that affect its design and placement. Some of the critical design criteria associated with traffic signs that may help to define on -premise sign criteria are listed in Figure 2. Section 1A.02 Principles of Traffic Control Devices Support: This Manual contains the basic principles that govern the design and use of traffic control devices for all streets and highways open to public travel regardless of type or class or the public agency having jurisdiction. This Manual's text specifies the restriction on the use of a device if it is intended for limited application or for a specific system. It is important that these principles be given pri- mary consideration in the selection and application of each device. Guidance: To be effective, a traffic control device should meet five basic requirements: A. Fulfill a need; B. Command attention; C. Convey a clear, simple meaning; D. Command respect from road users; and E. Give adequate time for proper response. Design, placement, operation, maintenance, and uniformity are aspects that should be carefully considered in order to maximize the ability of a traffic control device to meet the five requirements listed in the previous paragraph. Vehicle speed should be care- fully considered as an element that governs the design, opera- tion, placement, and location of various traffic control devices. Figure 1. Traffic Control Devices Principles from the MUTCD Purpose and Objectives of On -Premise Signs On -premise signs are intended to inform customers and potential customers of a business of a myriad of information about that business. An on -premise sign may identify the business and its location. It may give information about the business such as hours, special sales/events, and directions. It almost always serves as a branding tool for the business, regard- less of whether the reader is currently considering a transaction or is just subconsciously noticing the business. To be effective, a sign ordinance should focus on the physical and measurable aspects of the sign and its environment. Defining the minimum physical characteristics of these features for the model ordi- nance means that the purposes and objectives of an on -premise sign must be defined as a function of factors such as the viewers (users) of the sign, the environment it is viewed from (road/sidewalk, speed, lighting), and the intended action associated with the sign (stop, turn, other maneuver). • Letter size: For ground mounted guide signs, letters shall be at least 6 inches for capital or upper-case letters and at least 4.5 inches for lower-case letters. On roads with speeds of 25 mph or less, the minimum letter size can be reduced from 6 to 4 inches. (Section 2D.06) On multi -lane roads with speeds of 40 mph and higher, the upper-case letter height should be at least 8 inches. (Section 2D.43) • Sign size: Sign sizes are prescribed based on the roadway classification and type of sign. • Typeface: All lettering shall be in capital letters except street name signs and destinations on guide signs are required (for new signs) to be a combination of initial upper-case letters and lower-case letters. (Section 2A.13) • Height: At least 5 ft to the bottom of the sign in rural districts, 7 ft where parking or pedestrian movements occur (urban districts). (Section 2A.18) • Offset from road: At least 12 ft from the edge of the traveled way and at least 6 ft from the edge of the shoulder. All sign supports should be located as far as practical from the edge of the shoulder. (Section 2A.19) • Orientation: Signs should be vertically mounted at right angles to the direction of traffic. (Section 2A.20) • Sign spacing: Signs requiring different decisions by road users shall be spaced sufficiently far apart for the required decision to be made safely. Overloading road users with too much information is not desirable. (Section 2A.16) • Legibility Index: Lettering should be large enough to provide the necessary legibility distance. A legibility index of 30 ft/in should be used. (Section 2A.13). • Luminance: All signs shall be retroreflective. There are minimum retroreflectivity levels for maintaining traffic signs (Section 2A.08). • Sign message: Wording shall be as provided in the MUTCD. Only symbols shown in the MUTCD shall be used. (Section 2A.06) Figure 2. Selected Traffic Sign Design Criteria from to 2009 MUTCD A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 16 Sign Ordinance Regulation In order to develop the technical criteria that can be used to define the measurable characteristics of an on -premise sign, it is necessary to first develop a list of what the possible characteristics are. Table 1 presents a partial list of character- istics that affect sign effectiveness and that might be serve as design criteria in a sign ordinance or might be used in a sign ordinance to establish the design criteria. Sign Characteristics • Type/style of sign • Overall size • Shape of sign • Size of content • Style of content • Color of content • Material composition • Lighting/illumination Location Characteristics • Offset from viewing location • Distance from viewing location • Height from viewing location • Orientation relative to viewing location Environment Characteristics • Characteristics of viewing background • Characteristics of reader/user • Travel speed of reader/user • Time of day • Information processing demands • Competition for attention Note: characteristics are not in any particular order. Table 1. Characteristics Related to On -Premise Sign Effectiveness Technical Issues of Sign Visibility To be visible, an object must provide minimum performance with respect to four characteristics. It must be of adequate size, of adequate luminance, of adequate contrast, and properly located. If minimum threshold conditions are not met for any one of these factors, then an object is not likely to be visible to the viewer. These factors are also interactive, meaning that the minimum characteristic for any one factor is depend- ent upon the existing performance level for the other three. Critical aspects for each of these factors are addressed in the following sections along with findings of selected previous research that gives some insight into the threshold conditions associated with each factor. Size The focal point of a sign is the message within the sign. For the message to be visible, it must encompass a visual arc large enough to be discernible by the eye. As applied to reading text at a distance, the human arc can distinguish a stroke width (SW) of 1 minute and a letter height (Ht) of 5 minutes for someone with 20/20 vision. For 20/40 vision, the respec- tive values are 2 minutes and 10 minutes. Figure 3 illustrates the concept of the visual arc. Equation 1 provides the formula that defines the relationship between these elements. tan(6) = Height Distance Equation 1. Sign Visibility Figure 3. Concept of Visual Arc By combining Equation 1 with the threshold criteria for visual angle, it is possible to establish a legibility index for observers of various visual acuities. For 20/20 vision (5 minute arc for letter height), the corresponding legibility index is 57.3 feet per inch of letter height (ft/in). For 20/40 vision, the legibility index is 28.6 ft/in. Table 2 indicates the legibility index asso- ciated with various Snellen visual acuities using Equation 1. These values are consistent with traditional rules of thumb for the legibility of traffic signs. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 1 17 Sntiieri 'Ji'_t:at •1:.ur?y V:seal Artr,I& irritrsute w 1 1':r ; Lecubdity Orin) Inruex 20/10 2.5 114.6 20/20 5.0 57.3 20/30 7.5 38.2 20/40 10.0 28.6 20/50 12.5 22.9 20/60 15.0 19.1 Table 2. Legibility Indices for Visual Acuity In 1939, Forbes et al. conducted the pioneering research on traffic sign legibility and established a legibility index of 50 ft/in (Forbes 1939). This served as the rule of thumb for traffic engineering until the late 1980s, when concerns about the visual abilities of older drivers become more prevalent. One of the first significant research publications addressing older drivers suggested that a legibility index of 25 or 30 ft/in was more appropriate for older drivers (Special Report 218) . The MUTCD states that signs should be designed using a legibility index of 30 ft/in (MUTCD 2009). It is worth noting that these legibility indexes are associated with a sans serif letter style with a height to stroke width ratio of about 5:1, which is consistent with that of the common letter style used in traffic signs. The 50 ft/in legibility index that Forbes established for traffic signs applied to the Series D font (see typeface in the secondary issues section). A letter style with a larger height to stroke width ratio (skinnier letter) will be less visible. This technical report addresses the impact of letter style on legibility in a later section. Another critical element associate with the legibility index is whether the stimulus is a known or unknown stimulus. Someone looking for a specific message in a sign will be able to identify the message at a further distance than if they were trying to read a sign message that is unknown to them. Other research by Forbes compared the legibility of known and unknown messages (Forbes 1951). In his experiment, Forbes found that the legibility index for words that the sub- ject was looking for was 10-13 percent further than that for words that the subject had no prior knowledge of. Researchers at the Texas Transportation Institute also evaluated legibility for known versus unknown sign messages and found that, in daytime conditions, the known message could be read at about 75 percent of the distance of the unknown message (Hawkins et al. 1999). The issue of a known versus unknown message is closely related to the issue of the time required to process the information and complete an appropriate response. Reading time issues are addressed later in this document. In most states, a minimum visual acuity of 20/40 is typically required to obtain or renew a driver license. This equates to a legibility index of about 29 ft/in. In comparison, the MUTCD recommends a legibility index of 40 ft/in. Given that on - premise signs use a range of design characteristics that may reduce legibility to a level less than that used with traffic signs, a legibility index of 30 ft/in would be appropriate for use in a model sign ordinance and would address a wide range of users, sign characteristics, and viewing conditions. Of all the factors affecting legibility, size has the greatest impact. The sign message must have adequate size first. Legibility of a sign message of inadequate size cannot be significantly improved by increasing the luminance or contrast. From a relative standpoint, an increase of a given percentage in message height will result in a greater legibility improvement than an equal percentage increase in luminance or contrast. Luminance In addition to size, a sign must also be bright enough to be seen. Luminance is the technical term used to define the brightness of a sign. Sign luminance for a static sign is provided through one of the following: ambient lighting (sun or other lighting not related to the sign), external sign lighting (light- ing located on the outside of the sign intended specifically to make a sign visible at night), internal sign lighting (lighting within the sign interior that makes it visible at night), or retroreflectivity (the ability to reflect light from a source back toward the source). Sign luminance is largely a night- time issue as the ambient lighting associated with daytime viewing conditions is such that signs do not need to provide additional luminance through internal/external lighting or retroreflectivity. There is a wide range of research and guidance on the luminance levels that should be provided in signs, but most of the actual research has been associated with traffic signs. With respect to on -premise signs, the Signage Source - book presents a good summary of guidelines for luminance. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 18 There are three issues related to the quantity of luminance produced by a sign. The first is that a sign must have suffi- cient luminance to be visible/legible to the intended users. This generally implies a minimum luminance that must be provided. At the other end of the luminance spectrum is a maximum level of luminance that would limit factors such as sky glow, light trespass on adjacent property, or glare, which are collectively referred to as light pollution. Each of these is addressed separately, along with issues related to luminance measurement. The term "Illuminance" is also a frequently used lighting measurement. It is "a term that quantifies light striking a surface or plane at a point. Illuminance is generally used as the measurement associated with light pollution. Luminance Measurement Currently there is no guideline specifying a standardized measurement method for luminance or illuminance of busi- ness signs (Garvey 2004). To isolate an individual sign in the open field, Garvey (2004) suggested that luminance be measured at a distance of 550 ft (using a 20 -min of arc aper- ture luminance meter) with the meter placed toward the sign face, and be converted into illuminance at a distance of 16.4ft from the on -premise sign. Minimum Luminance for Legibility The luminance (or brightness) of a message also has an impact on the visibility of the message. The brighter the message, the easier it is to read. Furthermore, there is a relationship between luminance and size. Carlson and Hawkins found the results shown in Figure 4 (Carlson and Hawkins). The overhead sign results are based on a Series E(Modified) leg- end with 16 inch upper case letters and 12 inch lower case letters. The street name sign results are based on a Series C 6 inch upper case letter. As can be seen from these plots, a sign legend that has a higher luminance can be read by a higher percentage of drivers. Another interesting aspect of these plots is that, although they are based on signs with different letter heights and designs, the results are almost identical when compared on the basis of the legibility index. Figure 4. Impact of Luminance on Legibility Index (Carlson and Hawkins) A recent study (Garvey, Pietrucha and Cruzado 2008) compared the daytime and nighttime visibility of internally illuminated on -premise signs with seven different levesl of lighting. A lighting level defined as the "industry standard," a value which represent 99 percent of all internally illuminated, on -premise signs installed across the U.S., represented the middle lighting condition. There were three levels higher and three levels lower than the base condition so as to examine the recognition and legibility distances under different sign luminance levels for nighttime signs. The signs also represented a range of colors, contrast orientation (positive/negative), and contrast levels. Major findings from this study are listed below: • Different combinations of colors yield different visibility. Signs with black letters on a white background have the best visibility and signs with yellow letters on a green background have the worst visibility. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code I 19 • At the worst nighttime lighting condition (40 percent of the base brightness level), daytime signs were 43 percent more legible and 40 percent more recognizable than nighttime signs, at the best lighting conditions, daytime signs were 13 percent more legible (at industrial standard nighttime brightness level) and 20 percent more recog- nizable (at 1 75 times of the base brightness level) than nighttime signs ® There is a peak in both legibility distance and recognition distance as function of sign brightness In the study, the maximum legibility distance was reached at the base level and the maximum recognition distance was reached at 1 75 times brighter than the base level • The researchers did not recommend a specific level of luminance (minimum or maximum) for internally illuminated signs, but the optimal performance (associated with the base lighting level) had a luminance level of 660 cd/m2 for the white portion of the experimental signs (lower luminance levels for other colors) Insofar as their study was concerned, the optimal luminance level of internally illuminated on -premise sign was suggested at the base level However, the nighttime ambient lighting environment and driver characteristics in the test site of this study might not represent all nighttime conditions in which on -premise signs are installed, thus the visibility obtained in this study at certain luminance level will not necessarily be the same in different cases For externally illuminated signs, there is very limited scientific information regarding on -premise signs and external lighting design and maintenance, such as the location of the luminaire, illuminance level, or the retroreflectivity requirement of the sign face In one study concerning the lighting design of this type of signs, a set of two 150 -watt flood lamps were mounted 7 ft in front of and 7 ft behind the center of the signs (Garvey, Ramaswamy, Ghebnal, De la Riva, Pietrucha, 2004) They found that internally illuminated signs provided superior legibility distances compared to externally illuminated signs with lighting designed to match that of the internally illumi- nated signs However, their research did not give luminance levels associated with the signs In spite of the factors affecting the visibility of internally and externally illuminated on -premise signs, there are studies concerning the relative performance of internally and exter- nally illuminated signs under controlled test environment (Garvey, Ramaswamy, Ghebnal, De la Riva, Pietrucha, 2004) and real open road (Garvey, Pietrucha, Damin, and Deptuch, 2009) The most relevant findings from both studies to on - premise sign ordinance are summarized in the following list • Gender and age do not have significant effect on the visibility distance of both types of on -premise signs Visibility of daytime signs is better than nighttime signs for both internal and external illumination conditions • The degradation of the external lighting facility exacerbates the difference between the performances of the two types of signs The degree of nighttime visibility improvement by internal illumination compared to external illumina- tion is associated with the increased luminance level There are many factors that impact the optimal luminance level for an on -premise sign, more than can be conveniently addressed in a model sign ordinance There are both mini- mum and maximum limits on sign luminance that should be followed for a sign to be legible Even if luminance levels were to be selected as a measure -of -effectiveness, the resulting ranges of lurinance outputs as a function of color of on -premise signs would be wide 550-760 cd/m2 for white/black signs, 30-187 cd/m2 for green color and for 150-520 cd/m2 for yellow color, 80-130 cd/m2 for gold color etc (Garvey, Pietrucha and Cruzado 2008, Garvey, Pietrucha, Darrun, and Deptuch, 2009) As there is little research addressing the minimum luminance levels of on -premise signs, this document presents informa- tion related to luminance levels for traffic signs for possible application into on -premise signs A 1984 review of night- time visibility research for overhead freeway signs found the points listed below (Gordon 1984) It is worth noting that these findings relate to overhead freeway traffic signs, where the luminance was provided through retroreflectivity A white legend of 3 4 cd/m2 should be taken as the lower limit of permitted sign luminance Below this level, legi- bility rapidly decreases • While 3 4 cd/m2 should be considered a minimum, 340 cd/m2 should be the upper limit Optimal legend luminance under most highway conditions is between 34 and 102 cd/m2 A dark surround permits the use of lower legend luminance Under high surround illumination conditions, legend - background luminance ratios as low as 4 1 will provide satisfactory visibility Under low ambient illuminations conditions, where the sign background is almost black, the specific legend luminance is more meaningful than one of contrast A Legal and Technical Exploration of On -Premise Sign Regulation An Evidence Based -Model Sign Code I 20 The third bullet point illustrates a key aspect of establishing luminance levels. The optimal luminance level is closely related to the environment in which a sign is viewed. A sign in a dark rural environment can be read with lower luminance than one in a brightly lit urban environment. Furthermore, since most on -premise signs are illuminated internally, it is possible to provide much higher luminance levels than can be achieved with traffic signs. In 1986, Mace et al. provided an excellent literature summary based on the determination of minimum brightness standards for sign legibility (Mace et al. 1986). The findings related to minimum luminance requirements for legibility (MLRL) for overhead signs were: • MLRL increase as the ratio of letter stroke width to letter height decreases. • MLRL increase as the level of internal contrast decreases. • The published data are inconsistent on the effect of sign luminance and surround luminance. • MLRL are not influenced by glare, unless the glare source is very bright and immediately adjacent to the sign. r • MLRL increase with observer age. In an effort documented in 1985, Schmidt -Clausen reported on minimum luminance levels needed for sufficient and optimal performance (Transportation Research Circular 297). The investigation was carried out on a scale model and com- pared to those values found in real -world situations. The study showed that a legend luminance of 3.5 to 10 cd/m2 is sufficient. Luminance values between 10 and 35 cd/m2 are optimal. The maximum luminance was determined to be about 60 cd/m2. The actual value of the minimum and maximum luminance depends upon the level of critical detail in a sign, the contrast ratios, the level of ambient lighting, and the visual complexity of the viewing background. As indicated in the technical report, there is general agreement that 3.4 cd/m2 is the absolute minimum luminance for a white sign legend. Luminance levels between 34 and 1 cd/m2 are optimal, and the maximum luminance is 340 cd/m2. These luminance levels are for a white legend on a traffic sign, which uses positive contrast (light legend on a darker background). In comparison, on -premise signs often use a wider range of colors for the sign legend and background. In addition, many on -premise signs are internally illuminated, which is not a common practice for traffic signs. The ability to transfer research findings from traffic sign research is somewhat limited due to the wider range of letter forms, colors, sign layouts, and illumination technologies and levels associated with on -premise signs. However, the information for traffic signs provides a valuable comparison for sign legibility performance. This report does not recommend that illuminance be a major criterion in regulating sign lighting design. Illuminance level varies with distance from the lighting source and depends on the type of and power output of the lighting facility. Further- more, there are no standardized methods or equipment for measuring illuminance of on -premise signs that will exclude the impact of ambient lighting (Garvey 2004). Furthermore, this report recommends that luminance levels for static signs be based on legibility needs. There is currently insufficient scientific evidence to establish maximum luminance levels for on -premise static signs. Contrast In addition to size and luminance, a message must also possess sufficient contrast with the background to be visible. According to Olson, contrast is defined as characteristics of a scene that cause an object to appear distinct from its back- ground. At higher levels of illumination, contrast can be provided by such things as differences in color, pattern, shading, texture, and brightness. At night, generally only brightness contrast is available (Olson 1996). The concept of contrast is best illustrated in Figure 5. In this figure, the color of the word "contrast" is the same shade of gray for the entire word. However, the shade of the back- ground changes from a light gray to near black. As a result, the letter "R" is not visible due to a lack of contrast between the word and the background. Furthermore, the visibility of the first and last parts of the word has different characteristics. In the first part of the word, the object is darker than the background; this is referred to as negative contrast. In the last part of the word, the object is brighter than the background; this is referred to as positive contrast. The minimum design criteria for sign visibility can depend upon whether the sign message is presented with positive or negative contrast. Figure 5. Example of Contrast A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 21 There are multiple contrast issues that affect sign visibility. The ability to see a sign (conspicuity) depends upon the ex- ternal contrast between the sign and the background (viewing environment) . The ability to read the sign depends upon the internal contrast between the sign copy and sign background. Generally, contrast is expressed as a ratio of the internal and external luminance as shown in Equation 2. Contrast Ratio = Lurninancemgh Luminanceany Equation 2. Contrast Ration Equation For fully reflectorized signs with almost no background complexity (i.e., values up to 0.4 cd/m2), Sivak and Olson recommend a contrast ratio of 12:1 for optimal performance (Sivak and Olson 1985). For background complexity greater than 0.4 cd/m2, the retroreflectivity needs and corresponding contrast ratio become dependent on the amount of background complexity. The values reported in their literature review range from 3:1 to 45:1. Other reported minimum contrast ratios for white on green signs have ranged from 3.3 to 7:1 (Mace et al. 1986). The Australian research recommends a value of 3:1 (Jenkins 1991). However, their guidelines call for a minimum of 7:1 but prefer 10:1 (Guide to Traffic Engineering Practices 1988). A 1988 report examining fully retroreflective signs suggested a contrast ratio range from 4:1 to 15:1 as appropriate for most conditions (Special Report 218) . For example, if the luminance of the green background is 5 cd/m2, the luminance of the legend should be at least 20 cd/m2. Lower contrast ratios reduce legibility and may not be acceptable, and contrast ratios as high as 50:1 may reduce legibility but could be quite adequate under certain conditions. The Signage Sourcebook indicates that a contrast range of 4:1 to 15:1 is appropriate for most conditions (Signage Sourcebook 2003) . The current draft of the model ordinance indicates that the contrast ratio shall be between 4:1 and 15:1. This is an accept- able typical range for most conditions. As indicated in the technical report, there is research to suggest that contrast ratios as high as 50:1 may be adequate, but only under certain situations. With respect to the model sign ordinance, it would probably be appropriate to provide a mechanism where a variance can be obtained for signs that have contrast ratios greater than 15:1. Location Finally, a sign with adequate size, luminance, and contrast serves no purpose and cannot be read if it is located where it is not visible to the viewer. There are many aspects to on - premise sign location. Unlike traffic signs, on -premise signs are not typically located close to the edge of the road. They must be placed on private property behind the right-of-way line. In addition to the offset from the road, they may be placed at a range of heights above the road. Finally, the ori- entation of the sign with respect to the viewing direction may affect its visibility. A person's sharpest vision occurs when they are looking di- rectly ahead. As a stimulus moves away from the visual axis, it is more difficult for the observer to detect and read the stimulus. This ability to see and read a sign is illustrated in Figure 6, which shows that the clearest vision occurs within a 3 degree cone centered on the visual axis (Texas Highway Operations Manual 1992). Clear vision occurs within a 10 degree cone, satisfactory vision within a 20 degree cone. For reading purposes, the visual field is 10 degrees or less. A dri- ver's ability to observe and react to a sign outside the cone of vision drops rapidly outside this limit. it ao iod - nano.. P of - meson vi... _ 'Inn• Cloar Visits 4817 4.4 At a distance of 300 feet, the 3' cone of vision is 16 feetwide, the Ur cone of vision is 53 feet wide, and the 20' cone of vision is 106 feet wide Figure 6. Visual Field However, objects outside the cone of vision can be detected in peripheral vision. When stationary, peripheral vision is al- most 180 degrees. As speed increases, the driver's ability to detect objects at the limits of peripheral vision decreases as indicated in Figure 6. The ability to detect a sign is related to the sign luminance and any motion in the sign. Figure 7 illustrates the visual acuity associated with an object in the periphery and the luminance level (Olson 1996). In this fig- ure, 20/20 acuity is represented by 1.0 and 20/40 acuity is represented by 0.5. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 1 22 1.2 1.1 1.0 0.9 0.8 0.7 Q 0.6 0.5 0.4 0.3 0.2 0.1 0.0 Luminance Level (cd/m2) 3.2 --- ----0.13 ------ 0.006 0.0013 a 0.00013 --- I I I • • • '- S s.�' _ # 5° 10° 15° 20° 25` Eccentric Fixation Figure 7. Relation between Eccentric Fixation and Acuity Sign Viewing Angle (Parallel Sign Placement) Research by (Griffin and Bailey 2002) produced the relation- ship shown in Figure 8. This figure indicates that the relation- ship between the viewing angle and the legibility efficiency is not significantly affected until the angle to the traffic flow is YOUR SIGNAGE 900 750 Vscwing Angle 7101,111,11 -11.1 90' J5' 60' 45' 30` 15' 0' 0' ' U 60° Pole/Projecting Sign Conversion to Wall Mounted Sign` `Pra a tt $a.d tars M:p'40 Y.svaV Acu tf Standard >Wf toMKff by Joint Gnffn, M Oct. 0 D. M 314 and Jamas E Sail H Opt, O D. ►e D Figure 8. Legibility Efficiency and Viewing Angle approximately 20 degrees. At an angle of about 10 degrees, the legibility efficiency is about 20 percent. These relationships indicate that the letter height does not need to be adjusted as long as the sign is oriented at an angle of 20 degrees or greater to the direction of traffic flow. However, this study also found that at the same observation angle of 30°, doubling letter height along with larger letter spacing, the amount of correctly read sign letters increased to 85 percent from 25 percent when letter height was small and letter spacing was tight. This implies that parallel sign legibility could be improved by increasing letter height and letter spacing between words/ letters. At the same viewing distance and using 75 percent correct criterion, the viewing angle of a sign with crowded letters was suggested to be increased by 15 degrees over that of the sign with uncrowded letters. Research (Garvey, Zineddin, Porter, and Pietrucha, 2002) found that increasing the size of a parallel sign did not sig- nificantly increase the probability of it being detected. In that study, researchers measured the detectability and legibility of perpendicular and parallel signs. The parallel signs were two and three times the size of the perpendicular signs. The percentage of parallel signs that were not detected was sig- nificantly greater than for the perpendicular signs, even though the parallel signs were much bigger. This implies that increasing the size of the parallel signs cannot overcome the deficiency associated with orientation to the direction of traffic flow. Accordingly, the team believes that it is not appropriate to only adjust the letter height for parallel signs at this time. Instead, business owners and governing officials need to rec- ognize the penalties associated with orienting a sign parallel to the direction of traffic flow More recent research (Garvey 2006) on parallel signage issue develop a mathematical model for determining letter heights on parallel sign taking account of optimal observation angle and sign reading speed. In his model, the optimal observation angle was assumed to be 30°, resulting in a 30-60-90° triangle that the lateral sign offset from the line of sight is half the maximum legible distance. To optimize sign reading speed to minimize driver distraction, the critical letter height proving the optimal reading speed was assumed to be three times of minimum legible letter height of perpendicular sign. That is, if 30 ft/in legible index is the size threshold for perpendicular sing, 10-ft/in legible index is used for parallel sign. Two equa- A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 23 tions were provided to calculate the letter height for parallel sign, and a lookup table is also available from this study. Equation #1: LH = (LN * 10 + LO) / 5 Equation #2: LH = (LN * 10 + LO) / (LI/6) where: LH is letter height in inches. LN is the number of lanes of traffic. LO is the lateral offset from curb in feet. LI is the legibility index from Table 4. Legibility Index Illumination Letter Letter Backgrd Mixed All Style Color Color Case Caps External Black White 29 25 Helvetica Yellow Green 26 22 White Black 26 22 Black White 28 24 Clarendon Yellow Green 31 26 White Black 24 20 Internal Translucent Helvetica Black White 29 25 Yellow Green 37 31 Clarendon Black White 31 26 Yellow Green 37 31 Internal Opaque Helvetica White Black 34 29 Yellow Green 37 31 Clarendon White Black 26 30 Yellow Green 37 28 Neon Helvetica Red Black 29 25 White Black 38 32 Table 4. Parallel Sign Letter Index Selection Table A more efficient way of improving parallel sign conspicuity might be providing optimal intercharacter spacing or an optimal combination of spacing and letter height. But such quantitative requirement on letter spacing or combination of spacing and letter height needs to be identified through fur- ther research. Technical Implications Associated with a Model Sign Ordinance It is not possible to succinctly describe all of the previous visibility research and related technical issues that might be used in the development of a model sign ordinance. In part, this is due to the fact that there are a multitude of approaches to the structure of a model sign ordinance, depending upon the desired framework of the ordinance. The following points define a starting point for the technical structure of the model ordinance. Physical sign characteristics that should be addressed in a model ordinance include: • Minimum content size. The minimum size of the text and/or symbol in the sign as a function of road speed and the position of the sign relative to the target viewing location. The minimum size may be defined in terms of critical detail, minimum stroke width, minimum letter height, or minimum size of viewing arc. It may be appro- priate to have adjustments to the minimum size if the message characteristics are below some threshold condi- tion (such as a script font) . • Amount of information. In order to establish controls on the size of signs, it may also be appropriate to define the amount of information that can be presented in a sign. The amount of information defines the length of time required to read the sign. The more information presented, the further away the sign must be read, increasing the minimum size of the sign. • Minimum luminance. This would apply only to signs that are internally or externally illuminated. Internal or external illumination should be required only for those signs that are intended for viewing at night. • Minimum contrast. This would establish a minimum contrast level that is based on the luminance differences within a sign. • Orientation to roadway. The orientation of a sign to the viewing direction affects its legibility. As the orientation angle increases, the size of sign features also need to increase to maintain the same degree of legibility. Environmental factors that should be addressed in the model ordinance include: • Intended viewer. To define sign characteristics, it is nec- essary to first establish the intended viewing conditions for the sign. This primarily is a decision on whether the critical observer is a driver or a pedestrian. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 24 • Road characteristics. For signs intended to be viewed from a moving vehicle, the road speed and number of lanes affect the reading time, viewing distance, and required maneuver. Other on -premise sign elements which could be in a model sign ordinance could include: • Sign type. There are many types of signs including monument, pole, wall, projecting, roof, etc. • Maximum sign size and maximum content size. From a technical perspective, the larger a sign or the content is, the more visible it becomes. The authors recognize that a local jurisdiction may want to establish a maximum size for signs and/or sign content. However, doing so is a policy issue and beyond the scope of a technical review. • Relation to other signs. The amount of information present in the visual field has an impact on the search and identify abilities of drivers. In an environment with a large number of brightly lit signs, a driver will have more difficulty identifying a particular sign. However, establishing limits on the number of signs that can be placed in an area presents legal issues that are beyond the technical issues of conspicuity and legibility. • Typeface issues. It is not possible to restrict typefaces to only those that are approved by a jurisdiction. Further- more, the purpose of the ordinance should not be to define sign design to the level of detail that determines whether a sign is effective. The business owner and sign fabricator have a responsibility to design a sign that is as effective as possible with the general constraints estab- lished by the sign ordinance. In addition to the typeface, the model ordinance will not address letter spacing or the amount of white space that a sign is required to have. Determining Letter Height and Sign Size for On Premise Signs The minimum sign size charts are based on several research studies and findings conducted by the Pennsylvania State University. The PSU recommendations are contained in a document entitled "On Premise Signs: United States Sign Council Best Practices Standards. A Research Based Approach to Sign Size, Sign Legibility, Sign Height" (Bertucci, et. al 2003). This document contains guidelines for calculating the following on -premise sign factors: • Letter height as a function of Viewer Reaction Distance (VRD) and Legibility Index (LI). • Sign size as a function of copy area. • Sign height as a function of blocked sight distance. The USSC document does not distinguish between different types of signs, such as wall signs, ground signs, roof signs, or projecting signs. Nor does the best practices document present the information in tables that would be simple to apply to a variety of conditions. The USSC best practice document indicates that the sign recommendations are based on a series of USSC research reports prepared by the Pennsylvania Transportation Institute. In defining the best practices, the document does not indicate the specific re- search results that the recommendations are based upon. Using a combination of the recommendations contained in the Urban Design Associates technical report and the USSC best practices guide, the team recommends the following guidelines for developing minimum dimensions for letter height and overall sign size. BASIS FOR CALCULATING LETTER HEIGHT The minimum letter height required for sign legibility is a function of the distance at which the sign must be read. In turn, this distance is a function of the amount of content in the sign, the speed of the vehicle as the driver reads the sign, and the legibility index of the sign copy. Equation 3 presents the basic formula for calculating letter height. Figure 9 illus- trates the application of the formula to a road situation. LH J(LNx12_6+LO)2 +(1.47xSLxVRT)2 LI LH = Letter height for signs oriented perpendicular to traffic flow, inches. LN = Total number of lanes on the roadway, including the median or two-way left turn lane if present. If the two-way left turn lane or median is wider than 12 ft, then the distance should be increased to account for the wider median. LO = Lateral offset to the center of the sign from the edge of the roadway, feet. SL = Roadway speed limit, mph. VRT = Viewer Reaction Time, seconds LI = Legibility index, ft/in. The recommended legibility index is 30 ft/in. Equation 3 A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 25 In Figure 9, the line from the vehicle to the sign represents the hypotenuse of a triangle. One leg of the triangle is the distance from the vehicle to the sign perpendicular to the roadway (LN 12-6+LO in the formula) and the other leg of the triangle is the distance parallel to the traffic flow direction (1.47 SL VRT in the formula). Squaring each leg and taking the square root of the sum gives the direct line -of -sight between the vehicle and the sign. Two-way left turn lane or median -- --w~ - - - LN LOT Joe's Sign Shop _ LH t Figure 9. Road Layout The other factors that are needed to calculate letter height are the speed limit of the roadway, the Viewer Reaction Time, and the Legibility Index of the sign. The roadway speed limit is established by the local jurisdiction. The VRT is determined from Table 5 and is a function of the amount of information in the sign and the complexity of the envi- ronment in which the sign is located. One of the weaknesses of this VRT procedure is that the message scan time is based on a per word or per symbol quantity. This is not consistent with reading research. The body of knowledge on informa- tion processing typically addresses processing time as a func- tion of units or bits of information in the message, not the individual elements of a message. However, this procedure provides a good substitute that is easily incorporated into the model sign code. An average legibility index of 30 ft/in is appropriate for use with most sign conditions. The legibility index should be multiplied by the factors in Table 6 when the conditions match those shown in the table. Detection Message Scan Re - Orientation Scan Viewer Reaction Tune (sec) for Driving Environment Simple Complex" Multilane" 05 10 0.1 / letter 0.5 I symbol 0.02 / letter 0.2 / symbol 0.1 / letter 0.5 / symbol 0.04 / letter 0.2 / symbol Maneuver Total 4 4.5 - 012 # letters - 0.6 # symbols 1.0 0.1 / letter 0.5 / symbol 5 6.0 - 0.14 x # letters + 0.7 x # symbols 0.04 / letter 0.2 / symbol 6 70 - 0 14 it letters • 0.7 # symbols NOTES; ` A developed town or city commercial area Single or multilane travel under 35 mph. 0 A developed urban/suburban commercial area. Multilane travel over 35 nph. Source: Reference (Bertucci, et.al 2003) Table 5. Viewer Reaction Time Adjustment Factor Adi Legibility Index (ft/in) Conditions 1.00 30 For uncongested conditions. 0.83 25 For strip, usually of conditions. • vehicular • control • patterns • • • the Moderate Traffic Intermittent On Posted Tightly moderately in following street -town. characterized at signal spaced activity major speeds pedestrian Parking or 'stop or congested in environmental intersections retail -city traffic and below by locations zones. some and/or sign go" 40 traffic MPH 0 67 20 in the For characterized conditions. • activity • control • patterns • • • -town, High Traffic Intermittent On Posted Tightly highly following street pedestrian at or signal spaced most speeds congested in -city parking environmental "stop by or intersections some retail zones and/or traffic and below strip locations of sign usually vehicuiai go" 30 MPH traffic Source: Reference (Bertucci. et. al 2003): Table 6. Adjustments to Legibility Index A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 26 BASIS FOR CALCULATING SIGN SIZE The USSC best practice for determining minimum sign size is based on using the number of letters in the sign to define the total copy area and then using a multiplier to get the total sign size (Bertucci, et. al 2003). The procedure is listed below and is recommended by the team for the model sign code. 1. Establish the letter height using Equation 3. 2. Determine the Single Letter Area. This can be done by squaring the letter height in inches to obtain the area occupied by single letter and its adjoining letterspace. This total is divided by 144 to obtain the Single Letter Area in square feet. 3. Determine Copy Area (Single Letter Area in square feet total number of letters plus area of any symbols in square feet) . 4. Determine Total Sign Area by multiplying the Copy Area by 2.5 (Sign Area 2.5). This procedure is based on the following assumptions which may not be accurate representations of actual sign science: • Area of individual letters (including inter -letter spacing) is the same as the letter height. • The total sign area should be designed so that it is 40 percent copy area and 60 percent blank space (negative area). SUMMARY TABLES FOR LETTER HEIGHT AND SIGN SIZE Table 7 presents a summary for letter height and sign size based on some basic assumptions. The assumptions are listed below. The minimum letter heights and sign sizes that result from these assumptions are not sensitive to the num- ber of lanes or the lateral offset. The results shown in Table 7 would be the same for 2, 4, or 6 lanes and for lateral sign offset of 15 to 30 ft. • A legibility index of 30 ft/in is used for all road speeds and sign applications. • The number of letters in a sign is 25 for speeds of 30, 45, and 65 mph. The sign is all text with no symbols or graphics. • The sign is oriented perpendicular to the direction of traffic. • The center of the sign is located 20 ft from the edge of the road. • The road has 4 lanes and no median. • Sign height is rounded to the nearest whole inch and sign area is rounded to the nearest whole square foot (up or down as appropriate). Road Speed 4mphl Environment Letter He:ght lin l Sign Area 11121 30 45 60 Simple Complex Complex Multilane Complex 11 15 22 25 32 Multilane 36 53 98 210 271 444 563 Table 7. Minimum Sign Size and Letter Height Based on Assumptions SIGN HEIGHT The authors were able to identify two criteria for defining a maximum sign height as indicated below. The Manual on Uniform Traffic Control Devices (2003) in- cludes guidance for defining the maximum height of traffic signals at an intersection so that they are not out of view of a driver stopped at an intersection. This criterion is based on an angle of 20° from the driver's eye height. The angle is de- fined by the point at which a signal would be lost in the upper portion of the windshield where the line -of -sight could be blocked by the vehicle roof, a visor, or the darker tinting on a windshield. The USSC Best Practices Standards indicates that an angle of 5-8° has been found in previous research. The best prac- tices document indicates an angle of 5° should be used. This angle is based on locating the sign within the cone of vision. Equation 4 is used to calculate the maximum sign height using the vertical angle, letter height, and legibility index as inputs. This formula is based on the assumption that the letter height is properly determined for the viewing distance. The maximum sign height is the distance to the top of the sign to ensure that the entire sign is located within the driver's visual field. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 127 HT,Thax = tan®xLHxLI + HTdd HT„,x = Maximum sign height to the top of the sign, ft. 8 = Vertical viewing angle, degrees LH = Letter height, inches LI = Legibility index, ft / in HT = Eye height of the driver, typically assumed to be 3.5 ft Equation 4. For a vertical viewing angle of 5° and a driver eye height of 3.5 ft, Equation 4 can be shorted to that shown in Equation 5. Table 8 summarizes the results of applying this table to a range of letter heights based on a legibility index of 30 ft/in. HT„ =tans°xLHxLI+HTdmer = 0.087 x LH x LI + 3.5 Equation 5. Letter Height, inches Maximum Sign Height, ft 5 10 15 20 25 30 16.6 29.7 42.9 56.0 69.1 82.2 Table 8. Maximum Sign Height Guidelines EXAMPLES FOR USING THE FORMULAS AND TABLES The following presents an example of how to use the informa- tion in this document to determine the appropriate minimum letter height, minimum sign size, and maximum sign height given inputs that represent the viewing environment. Given: • An arterial roadway with three lanes in each direction and a 16 ft raised median. • The speed limit on the road is 45 mph. • The center of the sign is assumed to be located 30 ft from the edge of the road. • The sign is in an area with little competition for the driver's visual attention. • There are 10 letters and no graphics in the sign. Solution: The distance from the center of the sign to the center of the far lane is: • 6 12-6+16=82 ft. The distance from the sign to the point at which the driver needs to be able to read the sign (Visual Reaction Distance) is: • 1.47 45 (7+0.14 10)=555.66 ft The line of sign from the vehicle to the sign is: 822 + 555.562 = 561.68 ft Using a legibility index of 30 ft/in, the minimum letter height is: • 561.68/30=18.7 inches, use 19 inches. The minimum sign size area is: • 192/144 10 2.5=62.7 ft2, use 63 ft2 Maximum sign height, based on a 5° vertical angle, is: • 0.087 19 30+3.5=53.1 ft, use 53 ft Technical Information Related to Electronic Message Displays Electronic Message Displays (EMDs), which are also referred to as electronic message centers or electronic changeable copy signs, are a type of private sector sign that may require special treatment in the development of a model sign ordinance. These signs have unique capabilities to provide a variety of messages in a range of formats. At the low end of the technology scale, these signs use a matrix arrangement to present text and simple graphics. The message or messages may be displayed in a static mode or may scroll or flash. At the high end of the technology scale, these signs are capable of providing televi- sion quality types of images. The use of large EMDs is more common for off -premise signing, typically in billboard -type applications. On -premise use of EMDs is more commonly limited to static, scrolling, or alter- nating messages. The technology for EMDs is far ahead of the research on their impacts and guidelines for use. A 2005 report by the United States Sign Council (Garvey and Pietrucha 2005) indicated that "there has been little research conducted specifically on commercial EMCs." As such, this Technical Report and model sign code contains relatively little information regarding these types of signs. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 28 References Bertucci, A.D., R.B. Crawford, P.M. Garvey, P.J. Tantala, and M. Moir. On Premise Signs, United States Sign Council Best Practices Standards. A Research Based Approach To: Sign Size, Sign Legibility, Sign Height. United States Sign Council, 2003. Carlson, P.J. and H.G. Hawkins, Jr. Minimum Retroreflectiviy Values for Overhead Guide Signs and Street Name Signs. Research Report FHWA-RD-03-082, Federal Highway Administration, McLean, Virginia, December 2003. Forbes, T.W., and R.S. Holmes. Legibility Distances of Highway Destination Signs in Relation to Letter Height, Width, and Reflectorization. In Highway Research Board Proceedings, Highway Research Board, Washington, D.C., Vol. 19, 1939, pp. 321-335. Forbes, T.W., K. Moscowitz, and G. Morgan. A Comparison of Lowercase and Capital Letters for Highway Signs. In Pro- ceedings of the 30th Annual Meeting of the Highway Research Board, Highway Research Board, Washington, D.C., 1951, pp. 355-373. Garvey, PM., A.Z. Zineddin, R.J. Porter, and M.T. Pietrucha. Real World On -Premise Sign Visibili y: The Impact of the Driving Task on Sign Detection and Legibili y, United States Sign Council Foundation, 2002. Garvey, P.M. Environmental Impact of On -Premise Identification Sign Lighting: with Respect to Potential Light Trespass, Sky Glow and Glare. United States Sign Council Foundation Inc., 2004 Garvey, P.M. C. Ramaswamy, R. Ghebrial, M. De la Riva, and M.T. Pietrucha. Relative Visibility of Internally and Externally Illuminated On -Premise Signs, United States Sign Council Foundation, 2004. Garvey, P.M. On -Premise Signs Determination of Parallel Sign Legibili y and Letter Heights, United States Sign Council Foundation, 2006. Garvey, PM., M.T. Pietrucha and I. Cruzado. The Effects of Internally Illuminated On -Premise Sign Brightness on Night- time Sign Visibility and Traffic Safety, United States Sign Council Foundation Inc., December. 2008 Garvey, PM., M.T. Pietrucha, S. Damin, and D. Deptuch. Internal vs. External On -Premise Sign Lighting: Visibility and Safety in the Real World, United States Sign Council Foundation, February 2009. Garvey, PM., M.T. Pietrucha. Electronic Message Center Research Review. United States Sign Council, Bristol, PA, 2005. Griffin J.R. and J.E. Bailey. Horizontal Obliqui y: Word Readability and Logo Identification, 2002. Gordon, D.A. Night Visibili y of Overhead Guide Signs: A Review of the Literature. FHWA-RD-84-087, Federal Highway Administration, Washington, D.C., October 1984. Guide to Traffic Engineering Practice — Part 8 — Traffic Control Devices. AUSTROADS Publication Number AP -11.9/88, Sydney, Australia, 1988. Hawkins, Jr., H.G., M.D. Wooldridge, A.B. Kelly, D.L. Picha and F.K. Greene. Legibiliy Comparison of Three Freeway Guide Signs Alphabets. Research Report 1276 -IF, Texas Transportation Institute, College Station, Texas, May 1999. Jenkins, S.E. and F.R. Gennaoui, Terminal Values of Road Signs, Australian Road Research Board Ltd (ARRB), Special Report 49, Victoria, Australia, 1991. Mace, D.J., R.S., Hostetter, L.E. Pollack, and W.D. Sweig. Minimal Luminance Requirements for Official Highway Signs. FHWA/RD-86/151, Federal Highway Administration, Washington, D.C., 1986. Manual on Uniform Traffic Control Devices, United States Department of Transportation, Federal Highway Administration, Washington, D.C. 2003, http://mutcd.fhwa.dot.gov, accessed October 20, 2007. Manual on Uniform Traffic Control Devices, United States Department of Transportation, Federal Highway Administration, Washington, D.C. 2009, http://mutcd.fhwa.dot.gov, accessed January 31, 2011. Olson, P.L.. Forensic Aspects of Driver Perception and Response. Lawyers and Judges Publishing Company, 1996. The Signage Sourcebook: A Signage Handbook, First Edition. U.S. Small Business Administration, Washington, D.C., The Signage Foundation for Communication Excellence, Sherwood, Oregon, 2003. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code I 29 Sivak, M and PL Olson Optimal and Minimal Luminance Characteristics for Retroreflective Highway Signs, In Transportation Research Record 1027, Transportation Research Board, National Research Council, Washington, D C , 1985 Special Report No 218, Volumes 1 and 2 Transportation in an Aging Society Improving Mobility and Safety for Older Persons Transportation Research Board, National Research Council, Washington, D C 1988 Texas Highway Operations Manual Research Report 1232-3, Texas Transportation Institute, College Station, Texas 1992 Transportation Research Circular 297 Providing Visibility and Visual Guidance to the Road User Transportation Research Board, National Research Council, Washington, D C , December, 1985 A Legal and Technical Exploration of On -Premise Sign Regulation An Evidence Based -Model Sign Code I 30 Model Sign Code Prepared by Dawn Jourdan, esq, Ph.D. H. Gene Hawkins, Jr., Ph.D., P.E. Kimberly Winson-Geideman, Ph.D. Robin Abrams, Ph.D. In Cooperation with Urban Design Associates College Station, Texas A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 31 Model Sign Code Section 1. Purpose of Model Sign Code The primary purpose and intent of this model sign code is to assist municipal and regulatory agencies to regulate on -premise signs in a legal and reasonable manner that promotes economic vitality, public safety and ensures compliance with constitutionally protected First Amend- ment rights. The code seeks to reduce subjectivity often encountered in the regulation of signage that is either based on aesthetics or lacking in substantiation by providing a set of quantitative and researched -based criteria to support restriction on signage that take into account minimum scientific requirements for providing signage that meets generally accepted safety standards for visibility, legibility and conspicuity. Authors' Note: Urban Design Associates' primary purpose is twofold: First, the Model Sign Code is an effort to recognize a long line of case law, often forgotten by code drafters, which treats on -premise signs as constitutionally protected commercial speech. In addition, the Model Sign Code seeks to promote public safety by providing guidelines for the construction of on - premise signage which ensure visibility to passersby. See Chapter 1 for a further discussion of the evolution of the standard of review which applies to commercial signs. The regulations contained within are based on the best available research regarding the effective and safe display of on -premise commercial signs and current case law. Section 2. Application The model sign code applies to the construction and use of all on -premise signs, as more fully defined in Section 3 below, and those of an ancillary nature. Author's Note: In drafting this code, UDA focused its efforts on developing a sign ordinance that specifically regulates those outdoor signs that might appear on a commercial property, or in the windows of a commercial establishment which are otherwise known as on- premise commercial signs. While most of these signs will seek to advertise the business or product sold on the site, the provisions of this code do not regulate on the basis of content or the message and, therefore, apply equally to non- commercial messages which might appear on such signs. Section 3. Prohibited and Exempt Signs a. The following signs shall not be allowed pursuant to the terms of this Model Sign Code: i. Abandoned signs; ii. Snipe signs or signs attached to trees, telephone poles, public benches, streetlights, or placed on any public property or public right-of-way; and iii. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying that sign. b. The following signs shall be exempt from the provisions of this Model Sign Code and construction will be permitted without a permit: i. Holiday or special events signs; ii. Nameplaces of two square feet or less; iii. Political signs; and iv. Public signs or notices. v. Sign face charges of legally conforming signs A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 32 Section 4. Definitions Abandoned Sign: A sign whose message describes the availability of goods or services at a location where such goods and services are no longer available and have ceased to be available for a period of at least 60 days or, in the alternative, a sign which is non-commercial in nature and the content of the sign pertains to a time, event or purpose which has elapsed or expired in the preceding 60 days. Such abandonment should include intentional conduct, such as failure to pay taxes or permit fees, or to maintain the sign, or a negligent failure to do so. Animated Sign: A sign depicting action, motion, light, or color changes through electrical or mechanical means. Although technologically similar to flashing signs, the animated sign emphasizes graphics and artistic display. Awning Sign: A building mounted sign that provides addi- tional functionality as shelter. Banner: A sign made of fabric or other non -rigid material with no enclosing framework. Changeable -Copy Sign: A sign or portion thereof on which the copy or symbols change either automatically though electrical or electronic means (for example, time and temperature units), or manually though placement of letters or symbols on a panel mounted in or on a track system. Channel Letter: A fabricated or formed three-dimensional letter that may accommodate a light source. Cone of Vision: The area that is clearly visible to a driver, generally described as a "fan -shaped envelope" preceding the driver which allows the driver to safely see and observe moving objects and persons in front of and to the imme- diate left and right of the driver. Complying Sign: A sign that is legally installed in accordance with federal, state, and local permit requirements and laws. Conspicuity: The capacity of a sign to stand out or be distinguishable from its surroundings and thus be readily discovered by the eye. It is the noticeable contrast between a sign and its background, attributed to an exogenous (unplanned) or endogenous (planned) mindset, with the display having features that attract attention to the sign. Contrast: The difference or degree of difference in the appearance of adjacent surfaces, such as light and dark areas, different colors, or typefaces, and graphics appearing on various backgrounds. Copy: The words and/or message displayed on a sign. Copy Area: That area which displays the actual copy on a sign. Development Sign: A temporary construction sign denoting the architect, engineer, contractor, subcontractor, financier or sponsor of a residential or commercial development which may also designate the future occupant or use of the development. Directional Sign: Signs designed to provide direction to pedestrian and vehicular traffic. Dissolve/Appear: A mode of message transition on an Electronic Message Center accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message. Electronic Message Display: A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. Event Sign: A temporary sign, other than a commercial sign, posted to advertise an event sponsored by a public agency, school, church or religious institution, civic -fraternal or other organization. Fade/Appear: A mode of message transition on an Electronic Message Center accomplished by varying the light inten- sity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. Fascia Sign: A building mounted sign. Freestanding Sign: A sign that is not attached to a building. Ground Sign: A freestanding sign with a visible support structure. Inflatable Device: A sign that is a cold air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code I 33 air into the device Inflatable devices are restrained, attached, or held in place by a cord, rope, cable or similar method Internally illuminated Sign A sign that has the light source enclosed within it so the source is not visible to the eye Illuminated Sign A sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by reflection of a light source aimed at its surface Legibility The physical attributes of a sign that allow for differentiation of its letters, words, numbers, or graphics, which directly relate to an observer's visual acuity Luminance An objective measurement of the brightness of illumination, including illumination emitted by an elec- tronic sign, measured in candles per square foot (cd/ft2) Marquee Sign A sign mounted on a permanent canopy Multi -Tenant Sign A freestanding sign used to advertise businesses that occupy a shopping center or complex with multiple tenants Municipality The body of officers, taken collectively, belonging to a city, town or village, who are appointed to manage its affairs and defend its interests Noncomplying Sign A sign that was legally erected and maintained but does not currently comply with sign restrictions because such restrictions were enacted after the sign was originally permitted and installed Off -Premise Sign An outdoor sign whose message directs attention to a specific business, product, service, enter- tainment event or activity, or other commercial or non- commercial activity, or non-commercial message about something that is not sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located Also known as a third party sign, billboard, or outdoor advertising On -Premise Sign A sign whose message and design relates to an individual business, profession, product, service, event, point of view, or other commercial or non-com- mercial activity sold, offered, or conducted on the same property where the sign is located Organization An entity, including a natural person, which owns or operates the premises where an on -premise sign is displayed Pennant a triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind Permanent Sign A sign attached to a building or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that pre- cludes ready removal or movement of the sign and whose intended use appears to be indefinite Pole Sign A freestanding sign with visible support structure Primary Copy- The words or message on a sign meant to be read by passersby travelling at the posted speed limit Projecting Sign A building mounted sign with the faces of the sign projecting 12 inches or more from and generally perpendicular to the building fascia, excepting signs located on a canopy, awning, or marquee Pylon Sign A freestanding sign with a visible support structure, which may or may not be enclosed by a pole cover Readability That which enables the observer to correctly perceive that information content of letters, numbers or symbols grouped together in words, sentences, or other meaningful relationships on the sign Readability is the character of a sign which leads to the observer's compre- hension of its intended message, and depends on legibility and other considerations of contents and time restraints Real Estate Sign A temporary sign advertising the real property upon which the sign is located for rent, for lease, or for sale and providing the name and location of the owner or his agent Roof Sign A building -mounted sign erected upon, against, or over the roof of the building Rotating Sign Sign faces or portions of a sign face which mechanically revolves around a central axis as opposed to revolving around an imaginary axis created by a pattern of alternating lights which convey an appearance of rotation Scroll A mode of message transition on an Electronic Message Center where the message appears to move vertically across the display surface A Legal and Technical Exploration of On -Premise Sign Regulation An Evidence Based -Model Sign Code I 34 Secondary Copy: The words or messages on a sign which are meant to be read by automobiles that are idling or parked along a road way. Sign: Any device, structure, fixture, painting, or visual image using words, graphics, symbols, numbers, or letters designed and uses for the purpose of communicating a message or attracting attention. Signage: A community's inventory of signs used to commu- nicate information or attract attention, including signature building, product displays, and dispensers, as well as traditional projecting, wall, roof, and freestanding signs. (See signature building.) Signature Building: A building architecturally designed and/or painted or decorated to reinforce individual recognition of a traditional sign's message, the identify of its speaker or sponsor of a display; it also reinforces major media advertising programs. Snipe Sign: A temporary or permanent sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or other objects. Temporary Sign: Any sign intended to remain in use for a short period of time which is not permanently installed. Transition: A visual effect used on an Electronic Message Center to allow one message to disappear while it is simultaneously being replaced by another. Visibility: The physical attributes of a sign and its contents that allow for detection at a given distance, although legibility may be uncertain. Wall Sign: A building -mounted sign which is either attached to, displayed, or painted on an exterior wall in a manner parallel with the wall surface, and not projecting more than 16 inches from such surface (See fascia sign). Window Sign: A sign that is painted on, attached to, or suspended directly behind or in front of a window or the glass portion of a door. Author's Note: Most of the definitions provided in this section were prepared by the Signage Foundation for Communication Excellence in an October 2003 publication entitled, The Signage Sourcebook. Where necessary, some terms have been replaced or modified. Section 5. Permitting a. Applicants who wish to erect new on -premise Permanent, or Temporary, signs or those seeking to significantly modify (i.e., a modification that costs 50% or more than the replacement cost of the original sign) existing signs must obtain permission from the Municipality prior to installation/modification of the signs.' Review of applica- tions for sign permits shall be concurrent in the instance that multiple departments must approve applications. b. In order to apply for a sign permit, the applicant must provide the following information, in writing, to the Municipality: i. Name of organization and location. ii. Contact person. iii. Address and phone number for contact person. iv. Description of the activities occurring on the site where the sign will be installed. v. Description of any existing signage that will remain on the site. vi. Identification of the type of sign/signs to be erected by the applicant. vii. Site plan depicting the locations of proposed signage and existing remaining signage. viii. Scale drawings of the proposed signage. ix. Written description explaining the drawing of the proposed signage, including a detailed description of materials, colors, and letter height, type and style. c. Upon submission of the written application, the Municipality shall have 10 business days to review the application for a sign permit.' The term Municipality is used throughout this ordinance to represent the entity that will serve as the permitting official for the ordinance. Users of this ordi- nance should identify and modify this model code to designate the official charged with this task. Given the complexity of some municipal review processes, it may be necessary to designate multiple reviewing entities. 2 The model code should be modified to define an application review period that reflects the complexity of the municipality's review process and the number of departments involved in the review of applications for sign permits. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 35 d. A permit shall be issued on or before the end of the 10 business day review period if the application for a new sign or renewal complies with the regulations contained in this Model Sign Code. e. If the Municipality does not issue a determination within the 10 business day period, the sign permit is deemed approved. f. An application for a sign permit may be denied by the Municipality within the 10 business day review period if the application fails to comply with the standards contained in this ordinance. The Municipality shall inform the applicant of the reasons for denying the application for sign permit by certified mail. Upon denial of an application for a sign permit, the applicant has 15 business days to revise and resubmit the application for review by the Municipality. In the alternative, the applicant may also appeal the decision of the Municipality to the City Council within the 15 business day time period. The City Council, at its next regularly scheduled meeting, shall review the Municipality's denial of said application. h. The City Council shall review the application on its face with no deference to the final determination made by the Municipality and it will make independent findings in assessing the adherence of the application to the provisions of the ordinance. If the City Council finds the application meets the requirements of this Code, it will direct the Municipality to promptly issue the permit. i. Upon a final determination by the City Council, unsuccessful applicants may seek to appeal to the courts. g. j. The application fee for each sign permit sought is $ .3 The fee for appeal of a sign permit denial is $ k. These permits shall not expire providing that such signs are not abandoned or destroyed. In the instance that substantial repair or replacement becomes necessary (i.e., repairs that cost more than 50% of the replacement cost of the damaged sign), the organization must apply for a new sign permit, the fee for which is $ Author's Note: The application process for sign permits can be both confusing and cumbersome. Sign ordinances often leave too much room for administrative discretion, resulting in a variety of due process violations, including prior restraint and unbridled discretion, as more fully described in Chapter 1. In addition, decision -making processes can result in added delay and expense. This section of the Model Sign Code attempts to clarify and expedite the administrative process, leaving only a small window for administrative discretion with regard to specially permitted signs. Section 6. Permanent Sign Regulations a. Permanent signs include, but are not limited to the following types of signs: wall signs, roof signs, projecting signs, ground and pole signs, multi -tenant signs, awning signs, electronic message centers, and monument signs. i. Number of Signs: Each business is entitled to display at least two permanent signs. ii. Sign size shall be determined as follows: a) Establish the letter height: Determinations as to the appropriateness of letter height shall be made on the basis of the formula established below: Letter Height Equation J(LNXI2_6+LO)2+(1A7xSLxVRT)2 LH= LI LH = Letter height for signs oriented perpendicular to traffic flow, inches. LN = Total number of lanes on the roadway: including the median or two-way left turn lane if present. If the two-way left turn lane or median is wider than 12 ft, then the distance should be increased to account for the wider median. LO = Lateral offset to the center of the sign from the edge of the roadway, feet. SL = Roadway speed limit, mph. WIT = Viewer Reaction lime, seconds. (See Table 3 in the technical report) U = Legibility index, ft/in. The recommended legibility index is 30 ft/in. (See Table 4 in the technical report for adjustments to the recommended value) The permit fee shall reflect the true costs associated with the review of the application and not constitute a general revenue -raising measure for the Municipality. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 1 36 b) Single Letter Area: Determine the Single Letter Area by squaring the letter height in inches to obtain the area occupied by single letter and its adjoining letterspace. This total is divided by 144 to obtain the Single Letter Area in square feet. c) Copy Area: Determine Copy Area by multiplying the Single Letter Area in square feet with the total number of letters plus area of any symbols in square feet. d) Total Sign Area: Determine Total Sign Area by multiplying the Copy Area by 2.5 (Sign Area x 2.5). e) The sign size standards in this code are designed for static, traditional signs. Variations from this standard will be permitted by variance upon the applicant's production of evidence showing that circumstances require deviation from this standard to enhance the visibility, conspicuity, and legibility of the sign. iii. Sign Angle: The visibility and legibility of signs is improved when the sign is situated at an angle 20 degrees or greater to the traffic flow because scientific research indicates that attempts to improve the efficiency of the sign by varying these requirements are unlikely to make up for efficiency losses caused by reducing the angle below 20 degrees. A sign that is perpendicular to the direction of traffic has an angle of 90 degrees. Applicants seeking to erect a sign with an angle less than 20 degrees must seek a variance. Wall signs are excluded from the sign angle requirement. iv. Minimum sign size shall be a function of speed (mph) and viewer reaction time (sec), as more fully detailed in the table below. This table is based on the following assumptions: • A legibility index of 30 ft/in is used for all road speeds and sign applications. • The number of letters in a sign is 25 for speeds of 30, 45, and 65 mph. The sign is all text with no symbols or graphics. • The sign is oriented perpendicular to the direction of traffic. • The center of the sign is located 20 ft from the edge of the road. • The road has 4 lanes and no median. • Sign height is rounded to the nearest whole inch and sign area is rounded to the nearest whole square foot (up or down as appropriate). Minimum Sign Size and Letter Height Based on Assumptions Road Speed (mph) Environment Letter Height (in) Sign Area {it2) 45 60 Complex Complex Multilane Complex Multdane 11 15 22 25 32 36 53 98 210 271 444 563 This table establishes minimum sign size and letter height for all primary copy on Permanent and Temporary signs. vi. Sign Height: The maximum sign height is the distance to the top of the sign to ensure that the entire sign is located within the driver's visual field. Maximum sign height is a function of the vertical angle, letter height, and legibility index of a sign. The table below determines maximum sign height based on a legibility index of 30 ft/in. Maximum Sign Height Guidelines Letter Height, inches 5 10 15 20 25 3u Maximum 16.6 29.7 42.9 56.0 69.1 82,2 Sign Height, ft vii. Secondary Copy: Secondary copy may be included on signs provided that it covers less than fifty percent of the copy area available for primary copy and that the letter height is no less than onehalf the size permitted for primary copy. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 37 b. Wall signs i. A permit may be obtained to erect multiple wall signs on each wall facing a street or public right-of-way, excluding those walls abutting single or multifamily residential land uses. Such wall signs shall meet the letter height and sign size requirements defined in subsection 6a based on the speed of the facing roadway. The total area of all wall signs on such a wall shall occupy no more than 50 percent of the total wall area. ii. Wall signs may be internally or externally illuminated. c. Projecting signs i. One projecting sign shall be permitted for each structure with accessible street frontage in lieu of a ground or roof sign. ii. Projecting signs may be illuminated. Those projecting over a parkway must be internally illuminated. iii. Projecting signs may revolve. iv. Projecting signs must have a minimum clearance of 8 feet from the bottom of the sign to the grade below. v. Projecting signs may be located no closer than 10 feet to each other. d. Ground (Pole or Pylon) signs FLINT RIVER ANIMAL HOSPITAL Obi r : - 41. i. One ground (pole or pylon) sign is permitted for each structure with accessible street frontage. ii. Ground (pole or pylon) signs are permitted in lieu of roof and projecting signs. iii. Ground (pole or pylon) signs may be internally or externally illuminated. iv. Ground signs may revolve. e. Roof signs i. An organization which inhabits a structure with accessible street frontage shall be permitted to erect one roof sign as a permanent sign. ii. Roof signs may not be displayed on properties displaying ground or projecting signs. iii. Roof signs may be internally or externally illuminated. iv. Roof signs shall be setback a minimum of three feet from the edge of the exterior wall on which the sign is located. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 38 f. Multi -tenant Signs i. One multi -tenant commercial sign shall be permitted per business complex. ii. A minimum separation of fifty (50) feet shall be maintained between all other pole signs, multitenant commercial signs and off premise signs. iii. Multi -tenant commercial signs shall be located within the business complex for which they advertise and only tenants of that business complex may advertise on the sign. Any business advertising on a multi -tenant commercial sign may not have a pole sign on its property located within the associated business complex. iv. Signs for individual tenants in a multi -tenant sign shall meet the minimum letter height and minimum sign size requirements in subsection 6a. The maximum area expressed in square feet for a sign shall be calculated by multiplying the frontage by 2. v. Organizations advertizing on a multi -tenant sign may erect a second sign on the premises with the exception of a pole sign. Due to the lack of scientific evidence available regarding how specific EMC message time intervals affect human reading and comprehension abilities, this model sign code does not offer any recommended time intervals for commercial EMCs. g. Electronic Message Centers (EMCs)4 4 N Y► air sr JUMBO SEA SCALLOP 59.99 LB J �: . i. Such displays may include messages that are static, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once. ii. Zoning: Only static electronic message centers may be erected in residential areas. All types of electronic message centers shall be permitted in areas designated for commercial and industrial activities. iii. All electronic message centers shall be equipped with automatic dimming capabilities. h. Awning signs i. An organization which inhabits a structure with accessible street frontage shall be permitted to erect one awning sign. ii. Awning signs may be illuminated. iii. The size of the awning shall be determined by applicable zoning regulations. iv. The size of the text on the awning sign shall be based on the requirements set forth in Section 6a of this Model Sign Code. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 39 i. Monument Signs • rare11101-- S 1. ■ LoontfieLh Cj 1LL6 i. Signs located outside the cone of vision are only permitted by the application for and grant of a variance.' Authors Note: Given modern complex nature of messages conveyed by on premise signs, the model sign code distinguishes between primary and secondary copy. It is important to note, however, that this distinction is not scientific. Rather, it reflects a public policy modification. The secondary copy requirements are not designed to produce copy that may be read by automobiles passing at the posted speed limit. Rather, such copy will likely only be readable to pedestri- ans, and idling or parked cars. Given the limited value of secondary copy, Municipalities should encourage sign owners to use it sparingly. Authors Note: The scientific standards upon which these guidelines are sophisticated. They require a Municipality to develop specialized knowledge in their operation. It is the complexity of these formula, we believe, that will allow such standards to survive judicial scrutiny by replacing blanket, baseless requirements with those that are specific to the conditions of the site where a given sign is to be erected. Authors Note: The guidelines contained in this ordinance do not seek to create any sort of overlay zoning that would allow Municipalities to create districts with specialized signage requirements that would create a specified aesthetic. Such regulations are not necessarily based on the scientific standards on which this code is based. If Municipalities wish to pursue this end, they should be careful to craft regulations which do not overly restrict the right to advertize nor do they create new safety concerns. Authors Note: Electronic message centers are a relatively new sign type that has not fully been explored by the scientific community. Given the rising popularity of this sign type as well as efforts by some Municipalities to block their installation, the aforementioned EMC requirements have been drafted to permit the use of the sign Due to the nature of their construction, monument signs sit very low to the ground, lower than the eight foot height requirement contained in this Model Sign Code. Their visibility can be limited by passing traffic, parked cars, and other types of screening. Similarly, high-rise signs outside the scope of the Sign Height calculations listed in Section 6 (vi) of this model sign code also fall outside the cone of vision. Those wishing to advertise their business should consider erecting other forms of signage with better visibility. type while seeking to lessen the potential impacts or perceived impacts they cause. The choice to allow the construction of static EMCs in residential areas only is a public policy decision. Communities must explore their own needs in making decisions regarding the appropriate location and type of EMCs which will be permitted. Section 7. Temporary Sign Regulations a. A permit must be obtained for the display of temporary signs. b. Temporary signs are signs not intended for permanent installation which are to be used for a limited amount of time. Types of temporary signs include, but are not limited to: real estate signs, construction site signs, banners, pennants, flags, and streamers, inflatable displays, special event signs, advertising vehicles and development signs. c. Temporary signs shall be setback at least three feet from the public right-of-way and comply with all of the appli- cable regulations pertaining to size set forth in Section 6. d. The number of Temporary signs shall not exceed three at any given period of time. e. A temporary sign may only be displayed for thirty calendar days. Applicants may renew permits for the display of temporary signs for two additional thirty day periods. Section 8. Variances A variance may be sought for the construction of a sign, Permanent or Temporary, which does not comply with the requirements established in Sections 5 and 6 of this Model Sign Code. A variance will be granted if the applicant can demonstrate the following criteria: a. The application of the Model Sign Code would substan- tially limit the applicant's ability to put the property to its highest and best use; b. Neighboring property owners would not be detrimentally harmed by the grant of the variance; and c. The hardship suffered is unique to the property and was not created by the applicant for the variance. The Municipality may impose conditions on the variance, as necessary, to further the purpose of the Model Sign Code and other applicable Municipal ordinances. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code I 40 Section 9. Sign Maintenance All signs, including noncomplying and abandoned signs, must be maintained in a condition which is safe and appears as originally permitted. The Municipality shall issue a notice of violation for all signs violating the provisions of the ordinance. The organization shall have 10 business days to correct the violation. Organizations may seek an extension of time from the Municipality to correct the violation. Such extensions will be granted if there is evidence that the organization is working to correct the violation. If the organization fails to correct the violation within the 10 day period or to obtain an extension, the Municipality may, upon inspection, issue a notice compelling the removal of those signs which continue to be in violation of this provision of the Model Sign Code. The owner or agent may challenge the notice compelling the removal of the sign by (1) filing an engineer's report stating the condition of the sign with the Municipality within 30 business days of receipt of the written notice of the violation, or (2) appealing to the City Council in the manner described in Section 5. Upon review of a favorable report by the engi- neer, the Municipality shall work with the organization to re- pair its sign. In the case where the engineer's report confirms the Municipality's inspection report, the building inspector shall serve a second written notice compelling removal of the sign at owner's expense within 30 business days receipt of said notice. Failure to remove the sign in a timely fashion shall result in a fine of $ per day for each and every day the sign remains. Upon the issuance of a third citation, the Municipality may revoke the organization's permit to maintain the sign. Once a permit has been revoked, the organization must apply for a permit to reinstate the use of its signs or to install a complying replacement signs in the case of noncomplying signs. Section 10. Noncomplying Signs Any sign that is not in compliance with the provisions of the Model Sign Code upon its enactment shall be deemed a noncomplying sign. All noncomplying signs shall be allowed to continue until such time that the organization owning the property where the sign is located no longer owns or operates the noncomplying signs. All signs, including noncomplying signs, must be maintained in accordance with all state and local ordinances. If structural alteration or replacement is deemed necessary by the organization, the organization shall be required to obtain a permit to perform any type of main- tenance, excluding normal replacement of sign faces, lamps, ballasts, and timers. Noncomplying sign faces shall be changed as needed so long as size and configuration remain as originally permitted. Sign structures may be repainted as needed. Permits will be required for all maintenance work with the exception of normal replacement of lamps, ballasts, timers and damaged sign faces. Any structure being structurally modified at a cost exceeding 50% of the replacement cost of the sign as to size, additions or configuration must be immediately brought into compliance with local ordinances. Author's Note: In an effort to encourage municipalities to regard signs as speech rather than land uses, UDA has replaced the common term, nonconforming use, with the term, noncomplying sign. A non- complying sign is one that does not conform to sign regulations at the time such regulations are enacted. Noncomplying signs, similar to nonconforming uses, shall be allowed to continue operation until such time that the sign is no longer owned or operated by the organization controlling the sign at the time it became noncomplying. Substantial modifications to size or sign configuration will trigger the need to bring the noncomplying sign into conformity with existing regulations. Section 11: Sign Contractor's License and Insurance A sign may not be erected, altered, relocated, constructed, or maintained without a valid contractor's license and all required state and federal licenses. Those holding contractor's licenses must have a current certificate of insurance on file which indemnifies the Municipality for any form of liability. All electric signs should be constructed according to the technical standards of a certified testing laboratory. Section 12: Indemnification The Municipality, its officers, agents, and employees shall be held harmless against any and all claims resulting from the erection, alternation, relocation, construction, or maintenance of on -premise commercial signs legally allowed as a result of this Model Sign Code. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code 41 Section 13. Violations The placement of any Permanent or Specially Permitted sign without a sign permit shall be unlawful. Violations of this ordinance shall be treated as strict liability offences regardless of intent. Violators will be fined $ per day per sign displayed in violation of this ordinance. Section 14. Severability If any section or subsection of this Model Sign Code is found to be invalid by a court of competent jurisdiction, all remaining provision shall be deemed valid. A Legal and Technical Exploration of On -Premise Sign Regulation: An Evidence Based -Model Sign Code I 42 From: Todd Messenger <tmessen_ger@fwlaw.com> Sent; Tuesday, October 5, 2021 8:52 AM To: Jim Flesher <j lesher@weldgov.com> Cc: Bob Choate <bchoate@weldgov.com> Subject: Sign Code Comments Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jim and Bob, Please find attached comments on the proposed sign regulations. We ask that these be distributed to the Planning Commission and put into the record of today's hearing. Is there an opportunity to address the Planning Commission using a remote platform (e.g., call -in or Zoom)? Regards, Todd Todd Messenger Director 303-894-4469 tmessenger@fwlaw.corn I fwlaw.com 18O1 California Street, Suite 26OO Denver, CO 8O202-2645 Member of MERITAS Law Firms Worldwide CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential information which may be legally privileged If you are not the intended recipient, please be advised that any disclosure, copying, distribution, or use of any of the information contained is prohibited. If you have received this email in error, please immediately notifi/ us and destroy the original email and its attachments. Thank you in advance for your cooperation. EXHIBIT //tat ' / to 3 Comments and Analysis Regarding Proposed Revisions to Weld County Sign Regulations Respectfully submitted to the Weld County Planning Commission on behalf of StreetMediaGroup, LLC this 5th day of October, 2021 IMO FAIRFIELD WA <WOODSPC www. fwlaw. corn INTRODUCTION ND SUMMARY Our firm represents StreetMediaGroup, LLC StreetMedia is a northern Colorado out -of -home advertising company and sign contractor The author of these comments, Todd Messenger, Esq , has 21 years of experience in the area of code reform (including dozens of land development code and sign code projects in 12 states), as well as experience litigating First Amendment, due process, vagueness, and other land use issues in state and federal courts We think that the proposed regulations go a long way towards removing content -based language, but are not yet ready for consideration by the Board of County Commissioners As such, we urge the Weld County Planning Commission to continue to study the proposal, taking the following steps • Consider the empirical evidence and analysis presented and summarized in this submittal, • Study the actual conditions and contexts in Weld County, • Reflect upon the communicative needs of sign owners, and the importance of signs for free expression, civic discourse, religious discourse, political discourse, economic development, and wayfinding, • Consider the specific comments and recommendations contained herein, regarding the proposed regulations, and then • Recommend changes to the proposed sign regulations that relate to and consider the various physical contexts within the County, and actually balance the need for effective signage with the desire to manage the visual impacts of sign structures On substance, we think that the proposed regulation of portable signs, flags, and banners does not (or does not clearly) address the range of appropriate temporary signs in Weld County If it is Weld County's intent not to regulate temporary signs (which is OK), the sign regulations should say so directly In that case, the County should consider dropping its proposed regulations regarding banners and portable signs too Further, the proposed sign regulations should include a standards -based way to modify the sign regulations with regard to a particular application upon certain demonstrations of special circumstances or extraordinary design There are a number of "sign design programs" (however titled) throughout the region and'the state that incorporate such strategies and offer good starting points for discussion Finally, the First Amendment requires a brief, specified time frame for decision -making once an application for a sign permit is filed We have not located such provisions in the proposed sign regulations If the brief, specified time frame is not codified, the regulations are immediately at risk under Mahaney v City of Englewood, 226 P 3d 1214 (Colo App 2009) THE LEGAL CONTEXT Purposes of a Sign Code The stated purposes of a sign code are important factors in determining whether the sign code is constitutional The stated purposes proposed in Section 23-4-60 are legitimate, but the code that follows does not directly and actually advance the purposes and interests That is a potentially serious constitutional problem "Signs constitute speech protected by the First Amendment" Mahaney, 226 P3d at 1219 Even when it comes to purely content -neutral (a/k/a "time, place, and manner") regulations of speech, "Government may not regulate expression in such a manner that a substantial portion of the burden on speech does not serve to advance its goals" Ward v Rock Against Racism, 491 U S 781, 799 (1989) For regulations of "commercial speech;' the government must be prepared to demonstrate (with evidence that was considered at the time of code adoption) that "the harms it recites are real and that its restriction will in fact alleviate them to a material degree" Aptive Environmental, LLC v Town of Castle Rock, Colorado, 959 F 3d 961, 987 (10th Cir 2020) In all cases, purposes must be more than platitudes —they must be actually advanced Page 1 In this regard, both the draft regulations and the current sign code fall short Several stated purposes in the draft are actually thwarted by the code that follows them Particularly along major County roads and I-25, the proposed limits on sign area and sign height, combined with proposed setback requirements for taller signs, result in signs that are often too small to be readily legible by ordinary people, as well as signs that are set back to the periphery (or outside of) a driver's field of view Sign Permit Requirements Sign permits operate as a "prior restraint" on free speech Mahaney, 226 Pad at 1219 Prior restraints are presumptively unconstitutional, and can only be "saved" if adequate safeguards are in place to prevent abuse First, the permit standards must be clear Second, permit applications must be decided within a "specified, brief" period of time The proposed code appears to be unconstitutional under these standards because it does not specify the time between permit application and permit issuance THE EMPIRICAL EVIDENCE Generally Recent case law in the Tenth Circuit suggests that a local government must produce pertinent evidence that its regulations of free speech (here, sign regulations), at a minimum, address "real harms" and "alleviate them to a material degree" It follows that the County should consider the empirical evidence, which does not appear to be in the record as background for this sign code update A summary of available empirical study follows Unreasonably Small Sign Areas Are Counterproductive The legibility of a sign is related in large measure to the height of its lettering and the distance from the sign to the viewer A person with 20/40 vision (the lowest range that qualifies for a drivers license in Colorado) can read one -inch text at a distance of up to 28 6 feet At greater distances, the height of the text must increase at a constant rate in order to maintain legibility The legibility of a sign to a motorist at a distance is important for highway safety because the motorist has to have an opportunity to (1) see the sign as the motorist visually scans the road, (2) register whether the sign is important or not, (3) read the sign if the motorist determines it is important, and (4) safely react appropriately to the information on the sign (which may require a lane change, deceleration, and / or a turn) As Table 1 shows, larger type sizes are safer for motorists, particularly at higher speeds, because motorists have enough time to register, read, and react Naturally, larger type sizes require larger sign faces Table 1 Time Between Legibility and Passing Sign at Common Travel Speeds, by Lettering Height Travel Speed Letter Height 6m 9m 12 in 18in 24in 75 mph (110 fps) 1 56 sec 2 34 sec 3 12 sec 4 68 sec 6 24 sec 45 mph (66 fps) 2 6 sec 3 9 sec 5 2 sec 7 8 sec 10 4 sec 30 mph (44 fps) 3 9 sec 5 85 sec 7 8 sec 11 7 sec 15 6 sec According to research by Bertucci, et al , on a multi -lane highway, a driver should have one second to detect a sign, 1/10 of a second per letter to scan the sign, and six seconds to maneuver In more complex environments (e g, high traffic), additional time is needed As such, in areas with multi -lane highways and speed limits of 45 mph or more, signs should have sufficient area to accommodate 24 -inch or larger lettering Page 2 Based on extensive research, the International Sign Association recommends the minimum letter heights and minimum sign areas set out in Table 2. Research shows that the County's proposed 150 square foot maximum sign area in commercial and industrial zones is functionally inadequate as speed limits exceed 30 miles per hour. Evidence -Based Table International Sign 2 Association Recommendations Speed Limit Environment Min. Letter Height Sign Area 30 Simple 11 in. 53 sq. ft. Complex 15 in. 98 sq. ft. 45 Complex 22 in. 210 sq. ft. Multi -Lane 25 in. 271 sq. ft. 60 Complex 32 in. 444 sq. ft. Multi -Lane 36 in. 563 sq. ft. Large Sign Setbacks Are Counterproductive Scientific research consistently shows that the "primary vision cone" (what the eyes see when the head is stationary) is the region within 15 degrees on either side of centerline of sight; and the "secondary vision cone" (what the eyes see when the head rotates) is within 60 degrees of either side of the centerline of sight. See, e.g., Anantia Prakasa et al. "A Comparative Study Installation Arrangement of Primary Flight Display (PFD) in the Flight Deck's Regional Passenger Transport Aircraft;" AVITEC (Aug. 2019) at 3-4. As such, the further a sign is set back from the street, the more likely it is that a motorist will have to rotate his, her, or their head to register its message. Put simply, that the greater the setback, the more likely the sign will at some point take a driver's eyes off the road ahead. It follows that the greater the setback requirement, the more hazardous the sign could be in terms of driver distraction (and if the driver simply ignores the sign, then the setback regulation actually turns a potentially useful sign into mere visual clutter) . Increases in sign setbacks decrease the legibility of the sign as a mathematical function (as the sign is located further from its audience). Increased setbacks also increase the probability that the sign will be screened from its audience by obstructions such as landscaping, or that the sign may interfere with the design of the site (e.g., by conflicting with a potential space for a building or parking lot). Overly Restrictive Sign Heights Are Counterproductive Sign height is important, particularly along multi -lane thoroughfares, because where there is sufficient height, the sign will be visible over low-level landscaping and across vehicles in other traffic lanes. The effectiveness of tall signs is limited by the vertical cone of vision of the driver. See Figures 1 and 2. Figure 1: The new Trailer Source sign at 2038 East Frontage Road, Erie. The top of the sign is roughly at the elevation of the lanes on Interstate 25 (behind the retaining wall to the left), making the sign hard to notice from the Interstate (northbound motorists have to look down and to their right). (Source: https://goo.gl/maps/hwXD5YTSVLJ2Yopj9) Page 3 rasa—. 424 • • £ •44s. . t Figure 2: The old Trailer Source sign at 2038 East Frontage Road, Erie, from the frontage road northbound and from 1-25 southbound. The top of the sign is barely tall enough so that the sign is visible from Interstate 25 in both directions, except when semi -trailers obscure it. Given the truck traffic on this stretch of 1-25, the sign would have been much more effective with a few more feet of height, and that height would have had minimal additional aesthetic impact. The Trailer Source sign also illustrates the problem of overly restrictive sign area limits. While the old sign was tall enough, its sign faces were not large enough to communicate effectively. Based on the analysis set out in Table 2, above, the sign faces should have been approximately 563 square feet. (Image sources: https://goo.gl/maps/gyXFt5BgaBH3uZ8D8 and https://goo.gl/maps/EvUTpmr4aYssDvRU7) The vertical cone of vision is 5 degrees, and the driver sits at about 3.5 feet above the ground level. Applying trigonometry to calculate height based on known angles and distances, the maximum height of a sign should be the tangent of 5 degrees x the letter height x the legibility index + the driver height. That is 0.0874 x (letter height (in.)) x (28.6 (ft. / in.)) + 3.5 ft. Table 3 sets out recommended maximum sign heights based on this calculation and the data in Table 2. Evidence -Based Table Sign 3 Height Recommendations Speed Limit Environment Min. Letter Height Sign Height 30 Simple 11 in. 31 ft. Complex 15 in. 41 ft. 45 Complex 22 in. 58.5 ft. Multi -Lane 25 in. 62.5 ft. 60 Complex I 32 in. 83.5 ft. Multi -Lane 36 in. 93.5 ft. Of course, the maximum sign heights in Table 3 are based on the physical and reaction -time capabilities of the average driver, and not on the aesthetic qualities of the jurisdiction in which the signs are located. Balance is needed. It seems clear, though, that signs along high-speed multi -lane thoroughfares should be taller than the proposed sign regulations would allow —particularly when they are located along elevated roadways. That is because the ability of the motorist to have the opportunity to register a sign will often depend upon that sign being elevated over the vehicles on the street —and the more distant the sign is in this regard, the taller it generally has to be. Page 4 GENERAL CONCLUSIONS Sign Regulations Have Real World Consequences Signs are critically important to businesses, non-profit organizations, and other institutions One cannot simultaneously be against signs and for the success of local businesses and local organizations Signs that are scaled to their context balance legitimate concerns for visual impacts with legitimate needs to communicate information This balance is needed in Weld County Too often, the real need to communicate using signs —and to create meaningful balance in the visual environment is set aside for abstract considerations, guesswork, and personal preferences that are detached from context But signage is critical to organizations, institutions, businesses, and industries Investments in signage are infrequent, but they continue to pay returns because the signage "sells" its message 24 hours a day, seven days a week University research available from the ISA shows that, empirically • The readability of a store's sign is the single most important driver in terms of whether a customer will try a store's products or services • Businesses that invest in new signage report significant increases in sales, profits, and number of transactions (on the order of 10 percent) • Sign improvements that focus on "conspicuousness" (size, location, readability) generally led to larger store sales • Approxunately 75 percent of consumers have entered a store or referred someone to a store because the sign made the store stand out • Electronic signage, well managed, brings additional value to businesses and institutions (some have anecdotally reported up to 40 percent increases in business) Context Is Everything When aesthetics are at issue, the context in which the sign is located is everything There should be a thoughtful balance between aesthetics and effective communication —that is, "conspicuousness" should be optimized in context Signs along 4 to 6 lane thoroughfares and high-speed interstate highways should be larger (and taller, so they can be read across lanes of traffic) than signs along low -speed two-lane roads Generally, the physical context of the County is very different from its municipalities The County should adopt context -sensitive standards for rural signage, I-25 signage, and major thoroughfare signage The rules regarding signage should be straightforward so that they are easily understood and evenly administered, such that similarly situated property owners (that is, property owners in the same physical context) are treated the same way SPECIFIC OBSERVATIONS AND SUGGESTIONS The pages that follow include specific observations and suggestions, based on the proposed sign regulations that were made available on the County's web site prior to the Planning Commission meeting The proposed regulations are set out in the box on the left side of the page, and comments are provided on the right side of the page in the margins Simple grammatical errors are noted with red strikeouts (thick red lines) in the body of the proposed text Page 5 ARTICLE I - General Provisions Sec. 23-1-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: BANNER SIGN: Any SIGN hal that is permanently mounted to a that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles. fence posts, or wire, or hung on walls with ties, clips, rails, rivets, hooks, or frames. more points not on the same ZONE LOT as the light source; also, any light with one (1) or more beams that rotate or move. space. ng tie name of a BU LD NG, construction catc anc incicenta information about its construction, or historical data on historic sites. which is cut into a masonry surface or made of bronze or other permanent material. STANDING SIGN, Includes PROJECTION SIGNS, SUSPENDED SIGNS and WALL SIGNS. CANOPY SIGN: Any SIGN that is a part of, or attached to, an awning, canopy or other fabric, plastic or structura protective cover over a Goor, entrance wincow or outcoor service area. on which the message changes more than six (6) revolutions per minute shall be considered an ANIMATED t iat changes is an e ectronic or mechanica inc ication of time or temperature shall be considered a "time COMMERCIAL MESSAGE: Any SIGN wording, logo or other representation that, directly or indirectly, DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from vandalism, animal infestation, or lack of maintenance improper or lack of maintenance, vandalism or infestation with vermin or rodents. association and locates on property ownec by tic iomeowners' association. Tic S GN may contain tic name, symbol or location of a PLANNED UNIT DEVELOPMENT or SUBDIVISION. PLANNED UNIT DEVELOPMENTS with COMMERCIAL and/or industrial USES may include the names of the businesse& in the DEVELOPMENT on the DEVELOPMENT SIGN. ELECTRONIC MESSAGE DISPLAY. A SIGN or a portion of a SIGN with a display surface composed of light -emitting diodes (LEDs) or similar light sources and capable of displaying varying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. FLAG: Any fabric, banner or bunting containing distinctive colors, patterns or symbol of the United s is anc be f own in accorcance wit i protoco estab isiec by t Stripes. Any FLAG not meeting any one (" ) or more of t le Congress of the United States for the Stars iese conditions shall be considered a BANNER Derelict signs should include signs that are in disrepair for any reason, not just "natural causes." Electronic Message Display should not be defined as a "SIGN." EMDs are components that are used for sign faces. Any SIGN made of fabric attached to a and having pole a width FREESTANDING approximately equal SIGN: to twice Any SIGN its height. supported by STRUCTURES or supports that are placed on, or and anchored in, the and that are independent from any BUILDING or other STRUCTURE. Does ground not include BILLBOARDS or OFF -SITE DIRECTIONAL SIGNS. INCIDENTAL SIGN: A SIGN, informational, that has a to the USE the ZONE LOT on which it is located, generally such as "no "entrance." "loading purpose secondary only," "telephone" and of similar directives. No SIGN with a COMMERCIAL parking," MESSAGE legible from a off the ZONE LOT other which the SIGN is located shall be considered an INCIDENTAL SIGN. position on NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this Division Chapter, OFF -SITE DIRECTIONAL: but which was lawfully SIGNS established situated on prior to the time other of than its applicability. those the premises upon which goods. available for the highway user (such as RESTAURANTS. lodging, repairs product primarily gas, or highway passes. any kind, suspended frem a rope. wire or string, usually in series, designed to move in the PORTABLE SIGN: Any SIGN greater than six (6) square feet that is not wind. attached to the permanently or other STRUCTURE, or a SIGN designed to be transported, including but limited ground to SIGNS designed permanent to be transported by means of wheels SIGNS converted to A or T -frames; not menu and or on vehicles and visible from the PUBLIC RIGHT OF WAY, said is painted regularly and customarily parked in the normal day to day operations of the business. unless vehicle used PROJECTING SIGN:II I II I to, BUILD NG in such a manner that its leading edge extends more than six (6) inches beyond the surface a of such or BUILDING wa or wall. Considered a type of BUILDING SIGN. REAL ESTATE PROMOTION SIGN: A TEMPORARY SIGN. located on or off -premises, that identifies dwellings or other STRUCTURES under construction or to be constructed. premises This is a type of TEMPORARY S GN that can otherwise exceco TEMPORARY SIGN standards as indicated in Appenc ix dwellings in the SUBDIVISION have been sold. Off -premises SIGNS advertising SUBDIVISION construction shall not be displayed to the date of official recording of the SUBDIVISION, and be prior shall thirty (30) days from the time seventy-five (75) of the LOTS or dwellings in the SUBDIVISION have percent the , of construction and shall be removed upon issuance of a certificate of occupancy final period inspection, whichever occurs first. or RESIDENTIAL SIGN: Any SIGN located in a district zoned for residential USES that contains no COMMERCIAL MESSAGE except advertising for or services legally offered on the goods s with all requirements premises this where Code. of with slopes less than seventy five (75) from horizontal shall be considered roof SIGN: Any object, device, display, percent STRUCTURE or thereof, situated outdoors surfaces. or indoors, and used to advertise, identify, display, diect or atraot attention part to an ob ect, institution, business, service, event or location by any means. A SIGN person, is any writing organization, product, (including any , , , , , The aspect ratio of a flag should not matter. The definition of "NONCONFORMING SIGN" should address nonconformities created by future amendments to the Sign Code too. The phrase "greater than six square feet" should be followed by the phrase "in sign area". It is not clear whether this definition would apply to signs on vehicles or temporary signs that are staked into the ground but easily moved. design that conveys a recognizable meaning, identity or distinction) or any thereof, or is writter, upon, illuminated, part , designed into, constructed or otherwise on or near a painted, BUILDING, projected printed, board, or upon any material object or device whatsoever, which placed by reason of its form, plate attention to the subject or to the upon which it is situated or is used as a means of identificatiec.- advertisement or announcement premises that to RIGHT-OF-WAY, includes convey attached (or information to, is specifically or to on nearby people on or erected designed property. on a against to sidewalk, include) the in wall lettered, a of parking a BUILDING pictorial, lot, on in cr a sculptured PUBLIC STREET/ROAD SIGN. matter FLUSH that WALL: is intended or other Any SIGN painted n a manner which of a horizontal surface and is supported SUSPENDED SIGN: A SIGN that is suspended from the underside by such surface. Considered a type of BUILDING SIGN. plane Construction SIGNS, "for sale" and "for rent" SIGNS shall be removed upon completion of the cr when the is sold or rented. to. but within six (6) inches of. a wall, project on the wall surface property WALL SIGN: Any SIGN attached of or erecter anc confiner within parallel tie imits of an outsice wa of any BU LD NG painted only or STRUCTURE one (1) SIGN which is supported by such wall. BUILDING or STRUCTURE, and which displays surface. Considered a type of BUILDING SIGN. ent, sale or service that is inside a window cr upon the window or and is vis+bie from the exterior of the window. placed the same panes glass STRUCTURE. written change.] unchanged.] Review requirements to apply Services. supporting and and for Permits a graphic The documents Site purpose for Plan information, site Review of shall plan the review. shall be application how submitted arrange the proposal is as for to a a give part preapplication the complies of the applicant with application: the conference an standards opportunity witi ! of [All the to this ARTICLE Division Sec. demonstrate, other Department Chapter. 23-2-160. Any [A. L. [M. W. through through definitions person II 3 - - Site The Procedures Application of through wanting Planning following K. remain Plan — No . construction and attaehment-to-the-B-U-1-L-DIN-G-e-r-gre-u-nd--The-po-s-itien-a-nd-ctistance-of-the-SIGN SIGNS applicant in electronic shall submit (.pdf) the draft format. map The for site preliminary plan map approval shall show to the ani Reserved. proposed Site Department comply Plan V. — with Review No of the change.] Planning following Map. The Services requirements: Regulations should apply only to signs visible from public ways and neighboring property that is not under common ownership. Signs that are not visible from public ways andneigpboring property that is not under common ownership have no effect on public safety or public aesthetics, and therefore should not be regulated.. [1. through 9. — No change.] 10. All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. 1. The location, dimensions and design of any existing and proposed SIGNS on the site. Distances from LOT lines shall be indicated. [Renumber subsequent items.] [Remainder of Section — No change.] Division 4 - Uses by Special Review Sec. 23-2-240. Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. [1. through 11. — No change.] 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 of this Chapter. unless a wa ted Special Review Permit. Offsite S [Remainder of Section — No change.] Sec. 23-2-260. Application requirements. [A. — No change.] B. The following general information shall be submitted: [1. through 14. — No change] ' 5. A proposec p an for insta 23, Article IV, Division 2. [Renumber subsequent items.] [C. — No change.] D. Special Review Permit Plan Map. [1. through 4. — No change.] 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. [a. through b. — No change] c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: GNS s not be permitted t ation of desired S GN S fo iroug the USR permit process. owing the standards set forth in Chapter [1) — No change.] 2) All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. [3) through 12) — Nc change.] ' 3) Tie ocation of any S GN requiring zoning approva . Distances from property ines shall be indicated. [Renumber subsequent item.] It is a good idea to delete waiver provisions that do not have adequate standards for decision - making. However, the Sign Regulations should have a flexibility provision to allow for modifications to requirements in special, delineated circumstances. [Remainder of Section — No change.] ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 2 Signs Sec. 23-4-60. Purposes, intent, and applicability. The purposes of this Division are the following: to encourage the effective use of SIGNS as a means - of communication in unincorporate ; property: and to enable the fair and consistent enforcement of these SIGN restrictions. More specifically, the regulations set forth in this Division are intended to: a limited variety of S this Division. GNS in other zones, subject to the standards anc the permit procedures of 2 Allow certain SIGNS that are small, unobtrusive, and incidental to the principal USE of the respective LOTS on which they are located. subject to the substantive requirements of this 3. Prohibit a S GNS not express y permitted by this Division. '1. Provide for the enforcement of the provisions of this Division. B. No SIGN shall be erected. placed. established, painted, created or maintained in unincorporated Weld County unless it is in conformance with the standards, procedures, exemptions and other requirements of this Division. A. The purpose of this Division is to provide standards to promote, preserve, and protect the health, safety.. and general welfare in the unincorporated lands of the COUNTY. B. These regulations are intended to: C. D. 1. Encourage the effective use of SIGNS as a means of communication, 2. Protect the safety of pedestrians and motorists by avoiding excessive levels of distraction, 3. Maintain and enhance the appearance of the COUNTY by avoiding excessive levels of visual clutter, 4. Ensure SIGNS in unincorporated Weld County are well -constructed and maintained. 5. Safeguard property values and promote economic development, 6. Minimize the potential adverse effects of SIGNS on nearby public and private property, and 7. Recognize rights of free speech by regulating SIGNS in a fair, consistent, and content neutral manner. No SIGN shall be erected, placed, established, painted, created. enlarged, or maintained in unincorporated Weld County, except in conformance with this Code. SIGNS erected or maintained by the COUNTY or the Colorado Department of Transportation shall be exempt from the provisions of this Division. Sec. 23-4-70. General provisions. SIGNS shall be oermitted in the various zoning districts according to t ne regu ations contained in this Purpose statements should be supported by study. County should research and fully understand the problems that it is trying to address. That way it can answer: (1) is there a "real harm," and (2) will the sign code materially advance the County's interests in mitigating that harm? Comparison to other regulations in the region is not enough. Very few of them are based on study, and those that are are based on studies of conditions that are different than those in unincorporated Weld County. 5 Building and Insp the Colorado Department , of Transportation. C. n by reason the shape or color, it may interfere with, the where. be of position, or device. SIGNS located obstruct view of or confused intersection with, any be the sight distance triangle. SIGNS which could at an affect vehicle must traffic shall outside of be reviewed potentially D. Statutes and/or by the Colorado , Department of Transportation, be constructed permitted or maintained within, over or upon the right shall of way of any county. state erected, federal road or highway within the COUNTY. and OFF SITE conducted on DIRECTIONAL the ZONE LOT. SIGNS, shall cy controlling or contain or All SIGNS, BILLBOARDS the USES being information related except to F. directing traffic shall be exempt from the of this Division. All SIGNS and components, inclu provisions A. B. C. D. SIGNS quality Lighting. this maintenance fixtures. No OF-WAY. without If to 1. 2. 3. 4. a the DERELICT SIGN shall be returned to. and maintained in. the condition as originally on the site, or it shall be removed from the site. with including, or such for health, excess of is with as any a lighting compliance glare, prohibited. footcandles zones the and clean a that this SIGN of MESSAGE SIGN anchors, without the safety, SIGNS more and ambient shall subsection. shall effect or except within restrictive neat with or portion over not comply limitation, do shall of welfare. lighting contain this not DISPLAYS ambient by COUNTY appearance. which be of create the SIGN subsection with a owner replacing conditions internal of constitutes SIGN lighting sound the light RIGHT-OF-WAY limits shall of provisions that illumination the established spillover conditions shall structural when bulbs is onto not a RIGHT- visible traffic apply cast any and any of of hazard The from Light greater adjoining illumination onto SIGNS but SIGN LOT subsection. The entire and notice. and SIGNS intensity use any sources any may shall is The located shall or than in components, of be LOT. is LOT adjoining the is LOT be conducted otherwise exposed at externally COUNTY be that Other of three erected line shall a Agricultural, in the level kept or are on -tenths more SIGNS light be RIGHT-OF-WAY. LOT in light exceeding may including electronically which illuminated within a on detrimental directed than source or state the bulbs (0.3) remove RIGHT-OF-WAY. Residential, shall the or one lighting extend of independently footcandles supports, shall SIGN and three (1) good be in to and adjustable compliance zoning brought not the shielded -tenths over repair system, is ELECTRONIC dispose and produce public located braces, RIGHT-OF-WAY in Estate district, into (0.3) E. SIGNS other than FLAGS shall be stationary at all times. F. SIGNS shall comply with applicable state and federal regulations. Weld FREESTANDING County: SIGNS G. H. For and The the shall following purposes be required are of prohibited this to comply Code, in all PORTABLE with zoning all applicable districts SIGNS shall regulations. in unincorporated be considered NOTE: The lighting regulations that apply to Electronic Message Displays overlap with regulations set out in the proposed Section 23-4-80, on the next page. Overlap should be avoided. "Any maintenance" is probably too broad. Compliant LEDs should be specifically exempted from the definition of "exposed light bulbs." Light intensity falls off by the inverse squares rule. The point and method of measurement should be articulated. Churches and private schools will want LED signs in residential zones. Sign limits should be per zoning district regardless of lot lines. Current state and federal regulations are content -based and unconstitutional. County should not tie itself to state and federal regulations. Sec. 23 1. Searchlights, business. flashing distance with, lights, with triangle, a mislead, mirrors, traffic as or flames, described control confuse smoke, device rocks, the in steady or Appendix and/or or beacons and anything SEMI may safe -TRAILERS. 8-Q not used present of flow located this to of attract Code, a traffic. vehicles, danger on the attention or any due same or SIGN to other to LOT its a 1 2. Flashing SIGNS. 3. that SIGNS potential may in a sight be to interfere confused 4. SIGNS within five (5) feet of a fire hydrant. 5. 6. movable SIGNS as BANNER the objects. attached SIGN. SIGNS directly affixed or indirectly to CARGO to trees. CONTAINERS. 7. DERELICT SIGNS. 8. BUILDING SIGNS that extend vertically above the highest portion of the roof or parapet. 9. Any SIGN not in compliance with the provisions of this Division. 4-75. Definitions. Sec. A. in Section 23 1 90 standards or representations with, attached to cr M 23-4-80. All Sign construction Electronic message displays. letters, figures, characters maintained in conjunction B. Any operable or removable of a SIGN, such as a service opening cover or changeabl3 C mecianica affixes parts ettering. ogo, insignia or message. sn,a be secure fastenec or be y structures 29 to of prevent shall his Coce. potential A be e designed ectrica hazards i and uminatec to the constructed y public. S GNS to sla comply be cesignec provicec with the Signs shall be adequately SIGNS set fort-) and in C-iapter constructed SIGN D. All permanent cing Coce A. B. C. D. E. instantly ELECTRONIC and ELECTRONIC zoned any away No ELECTRONIC No MESSAGE ELECTRONIC disabled control display frequently effects Bui and constructed to conform with the Electrical Code set forth y in Chapter 29 of this Code. All SIGNS tructed to comply hundred Residential DISPLAYS with and zone MESSAGE consist rather or subtle SIGN Industrial ambient ELECTRONIC the USES. shut shall (500) than transitions design of or may of this off shall an not feet Estate DISPLAY projecting. light zoning consist ELECTRONIC or Division requirements change change be of monitors MESSAGE and any USES remotely districts 2. frame LOT faces of more only The or an to set forth in this Code. percent and ten with the LOT. the occurs, DISPLAYS DISPLAYS or residential percent DISPLAY. DISPLAYS (10) appearance or PLANNED of back MESSAGE viewing. fade the seconds. shall of area of transitions, the are shall USES, the shall have with of and of UNIT SIGN DISPLAY, only area allowed ELECTRONIC moving not have automatic shall Commercial allowed be DEVELOPMENT unless shall or of the comply located text signage with a be including the ability or in FREESTANDING flush dimmer the and with images. Commercial ELECTRONIC MESSAGE within on use Industrial to to lighting a its the automatically software with wall of five brightness, other Existing wall. may provisions more incorporated PLANNED from more Residential. brightness of that than if or the than a an than through DISPLAY. do fifty malfunction residential ELECTRONIC not MESSAGE UNIT MESSAGE MESSAGE MESSAGE fifty every LOT (50) for have Estate, dissolve DEVELOPMENTS (50) nighttime N Consider whether private schools, churches, and community buildings should be able to use EMDs in residential zones. 500 feet as a blanket rule is too restrictive. There are technologies that prevent glare and limit lig"it overspill and sky glow. See, e.g., https://www. mediaresources.com/ siteline/ The 50 percent limit was originally introduced at a time when LED technologies were not well advanced. Quality screens should not be limited to 50 percent. CDOT allows (and uses) four -second hold times on EMDs. Studies show that a four -second hold time is safe. The County regulations should be consistent with the four - second standard. Sec. DISPLAYS ordinance. 23-4-90. of shall be brought into compliance with this subsection upon the effective date of the Regulations on the size and number signs. Special Review Permit, Planned Unit Development and Major or Minor Subdivision. The SIGN type. size, height, colors, materials, styles of lettering, appearance of any logo, type of illumination and location shaR be set out in such SIGN The plans regulations shall of be such the COUNTY that SIGNS and constructed shall be or maintained for the under the plans of assuring harmony will comply with plans. the purpose missioners or staff. on All wt SIGNS cn shall height :le up eighty feet All shall on area feet FREESTANDING C than of to to and the (90) other S the be G\ a the of of no of of be used maximum frontage I height square limited the (180) frontage six *s area signage zones LOTS number more (6) designed ocasec. on SIGN square of of feet than shall feet. to shall site the the of of for on no is on in and constructed of materials which harmon.ze w. :n :ie arcs `ec:Lre planning oz :le s 'e Generally, the use of SIGN materials the same as, or similar to, the main building two zones no no in to (10%) (500) limited the (500) SIGN. the unless ninety more materials limit (2) shall be found to the required level of design harmony. given I square limited (2) FREESTANDING in than toward be zones area in be the BANNER five limited area, five ten limited wall, feet is C to the hundred shall hundred percent projection), SIGNS in limited and unless one with maximum to to be area, I hundred SIGNS. provide to as not no a on one C case area to two (75) SIGNS more any count at shall and at two (1) feet shall -dimension least the is least A. Commercial (C) and Industrial (I) zones: 1. SIGNS on BUILDINGS in tie C and I zones: a. b. SIGNS wall one o" BANNER the -sr to hundred SIGNS. wall. on which BUILDINGS SIGNS it fifty is attached (150) attached shall square to (measured be feet walls limited shall total 2. FREESTANDING SIGNS in the C and I zones: a. b. Number. one SIGNS. Height. twenty-five (1) or All FREESTANDING LOTS limited all (10) LOTS other (25) is other than more ten feet of to of feet (10) one LOTS less no LOTS, or five PUBLIC in hundred less, more feet than (5) height. shall FREESTANDING in or two than or STREET/ROAD SIGNS less, which fifty more be (2) seventy-five limited acres, in (150) case acres in acres which limited the the to to square with FREESTANDING with walls c. Area. 1. 2. ten On be SIGN On more feet. 3. BANNER SIGNS in the C and I zones: a. b. Number. a be Height. height. PUBLIC limited BANNER LOTS STREET/ROAD to one of (1) SIGNS five (5) BANNER not or shall more attached SIGN. be c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: 1. SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: 150 sf. of sign area is too restrictive for a wall sign "cap," particularly on multi -tenant buildings and buildings that are distant from the edge of the right- of-way. This standard encourages the permanent or continuing use of banner signs on walls. Consider number of frontages. Cross-reference Subsection E. 25 feet is too short in certain commercial and industrial locations. lot size should not dictate sign area. Sign area should be based on roadway context (e.g., speed / number of lanes) and lot frontage. Are banners and portable signs the only allowable temporary signs? The number of signs is more appropriately addressed by the width and number of road frontages. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall, with no limit on the number of suci SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage fcr the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITE` : b Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. . Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to eighty (80) square feet. 3. BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Agricultural (A): 1. FREESTANDING SIGNS and BANNER SIGNS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A: a. Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN. b. Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height. c. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than twenty-five (25) square feet. 2. No SIGNS other than those described in Subsection C.1. above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Al except in accordance wits Subsections D and E below. D. SIGNS on LOTS without a PRINCIPAL BUILDING, regardless of zoning: 1. Notwithstanding any provision in this Division 2 to the contrary, each SIGN on a LOT without a PRINCIPAL BUILDING shall be limited to sixty-four (64) square feet and not more than eight (6) feet in height, plus the SIGNS allowed in Subsection E below. 2. LOTS without a PRINCIPAL BUILDING shall be limited to not more than one (1) FREESTANDING SIGN for each PUBLIC STREET/ROAD that the LOT abuts. 3. SIGNS located on a LOT without a PRINCIPAL BUILDING shall not be required to meet SETBACKS or OFFSETS as long as the entire SIGN and all its components are within the LOT. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. 4. SIGNS erected on LOTS without a PRINCIPAL BUILDING shall not be considered nonconforming once a PRINCIPAL BUILDING is constructed or placed on the LOT, at which time SIGNS on the LOT shall be brought into compliance with the regulations of this Code. 5% is too small; 75 sf. of sign area is too restrictive for a wall sign "cap." See Comment on A.1.b., prior page See Comment on A.2.a., prior page 15 feet is too short in certain locations. See Comment on A.2.c.1., prior page See Comments on A.3., prior page 25 sf. is a non-standard size. Full or half -sheets of plywood (32 sf. or 16 sf.) are a good metric. Consider allowing wall signs. Churches, private schools, and community buildings will want them. Distinguishing between lots with principal buildings and lots without principal buildings creates a speaker -based preference that is probably unconstitutional. Property owners have a right to speak that does not depend upon whether they've constructed a building. Also, these regulations are so different from the others that both are undermined. a structural alteration. E. Other SIGNS: In addition to other allowed SIGNS. each LOT may have up to five (5) SIGNS of up to six (6) square feet each. F. Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones. For the purposes of this section, "public agencies" shall include. but not be limited to, pclice, ambulance, and fire stations or facilities, water district OFFICES. PUBLIC SCHOOLS. PUBLIC libraries, and federal, state, and local government agencies. Sec. 23-4-100. Nonconforming signs. Each legally established SIGN in existence on April 10, 2006, the effective date of the repeal and reenactment of this Division may continue in existence subject to the following Any legally established SIGN made nonconforming by adoption of or amendment to these regulations may continue to exist so long as it remains otherwise lawful. subject to the following provisions: A. A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of these regulation& this Code. The clanging o- the movab e parts of an existing S G \ tnat is repainting or reposting of display matter shall not be deemed B. Tie awfu USE of a S G \ existing on Apri ' 0, 2006, tie effective cate of tie repea anc reenactment of tiis Division, a tioug- s i S GN toes not conform to tie provisions iereof, may continue; however, if such NONCONFORMING USE is discontinued for a period of six (6) months or more, such SIGN shall not be used until it has been made to conform with the C. Any SIGN which has been damaged by fire, wind, explosion or act of God, to the extent that fifty percent (50%) or more of the construction value or replacement cost of the SIGN before it was camagec, s -a be ceemec to lave been tota y cestroyec and the S GN sia not be restorec accept in conformity witi tiic Division. Any S GN which las been damagec to an extent ery-G camageo may be restorec to tie concition in whici- it existed previously as a NONCONFORMING USE prior to its damage. B. If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged. Sec. 23-4-110. Computations of sign area and height. A. Computations of area of WALL SIGNS and single -faced SIGNS. The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or structure STRUCTURE against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise clearly incidental to the display itself, and not including that portion of a SIGN below a height of seven S7) feet if said portion contains no signage other than the street address of the property. B. Computation of area of multi -faced SIGNS. The SIGN area for a SIGN with more than one (1) face shall be computed by adding together the area of all -SIGN -faces visible from any one -4 -stn When two (2) identical SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with an angle of less than forty-five (45) degrees between them, so that both faces cannot be structure anc are no- more ion twen-y-=our (2i) inches apar, the SIGN area shall be computed by the measurement of one (1) orly the larger of the faces. For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart each face will be included when measuring the area of the SIGN. For SIGNS attached to BUILDINGS, all SIGN faces shall be included. It is not clear whether this limits temporary signs, but if so, up to 5 signs of up to 6sf.each probably does not meet constitutional requirements. As a practical matter, this limitation its not related to context. This is a speaker -based preference and likely unconstitutional. Also, Weld County does not have jurisdiction over state and federal signs. Installation of lighting, new face materials, new panels, replacement sign face, is not structural either. Clarification is needed. The highlighted proviso does not make sense. The SIGN below 7 feet is "signage." Does this mean "content"? If so, why does it matter whether there is content? The aesthetic and safety impacts are the same, with or without content. C. Sec. Computation grade the construction, locating 23-4-120. at lower the foundation of Requirements SIGN. of (1) exclusive height. existing to Height the SIGN of for highest grade any limits setback, height filling, for point prior SIGNS shall berming, offset of to the be construction, shall computed SIGN and not mounding clearance. structure. apply as or the (2) or to flagpoles. vertical Natural the excavating newly grade distance shall established solely for from be construed the mean grade purpose natural to after be of B. ten (10) feet. for FLAGS shall be ten (10) feet, or the height of the whichever is and The OFFSET The SETBACK for BILLBOARDS and OFF SITE DIRECTIONAL pole, SIGNS in greater. the Commercial D. industrial Zone Districts shall be twenty five (25) feet from the current or future STREET/ROAD or all other FREESTANDING SIGNS in the Commercia anc ncustria Zone Districts s is be fifteen "5) feet from tie current or future STREET/ROAD RIGHT OF WAY, whichever is Agricultural Zone District shall be twenty The SETBACK for OFF -SITE DIRECTIONAL greater. SIGNS in the E. five (25) feet from the current or future STREET/ROAD RIGHT OF WAY, whichever is The (3} SETBACK for a otier FREESTAND AG S GAS in tie Agricu tura Zone District sia greater. be three feet, or one ( 1) foot for every three (3) feet of SIGN in height, Estate whichever is Districts shall be The SETBACK for all FREESTANDING SIGNS greater. and Residential Zone twenty (20) feet. G. driveway. Signs over a walkway shall be mounted at least nine feet above the the A. B. C. D. line walkway. Setbacks contrary, and this distance shall upon OFFSETS: square exception submittal owner(s) SIGNS of SIGNS walkway. the abutting as Code. be written driveway. projecting long feet for SIGNS equal required allowing of of projecting projecting SIGNS the as Notwithstanding shall SIGNS RIGHT-OF-WAY notice a the to waiver LOT ten to have the over over SIGN greater be from a (10) reduced nearest not height relocated a on a a the required feet complies driveway walkway on than a any of COUNTY. form the BUILDINGS: in as OFFSET ten the height outside other SIGN. long OFFSET with provided shall shall (10) SIGN or as provision sight may have feet of have less the STRUCTURE. future distance Notwithstanding by distance in be at may entire at height of granted the least least right-of-way this be SIGN equal Department nine located requirements, shall Code fourteen by Any to and the (9) be any at to the feet anywhere SIGN the Director all set the (14) other height of its contrary, clearance (9) back expense Planning feet components as located provision of of on described from the clearance Planning a within of SIGNS SIGN Services above LOT all the of including in RIGHTS are future owner Services above the this larger STRUCTURE. Appendix surface within signed surface Code -OF right-of-way of the than on the the upon -WAY surface of to a 8-Q six by of SIGN the LCT LCT the the the (6) An of a E. Flagpoles shall be set back from all property lines a distance equal to the height of the pole. Where grade is below elevation of centerline of adjacent road, height should be measured from centerline elevation. The setback-eq uals- height standard is counterproductive. These signs are less visible, and therefore less safe, more distracting, and tend to interfere with function of the lot. Heights greater than 10 feet are needed on major roads to overcome visual obstructions created by traffic and provide sufficient response time. Setbacks cannot constitutionally be established by neighbors. Division Sec. shall 17 23-4-1205. The applicant continue [A. through L. - Zoning Permits Design standards. shall demonstrate to meet these standards K. — No change.] The placement of SIGNS and Appendices 23 C, for Certain compliance if approved on the site 23 D, and 23 Uses shall E in the with the for DEVELOPMENT: comply of this Chapter. Agricultural following design with the requirements standards Zone District in of Article the application and IV, Division 2 Sec. 4 [Remainder 23-4-1220. The [A. C. following through A format Department 1. [2. of Section — No Application requirements. shall be submitted B. — No change.] Zoning Permit Plan and if approved of Planning Existing and proposed SIGNS, and approximate used in conjunction through 4. — No change.] Existing and change.] of the shall Services. with as a property, be STRUCTURES the signage. part of a zoning permit application: a draft of which shall be submitted in electronic (.pdf) submitted on Mylar or other drafting media approved by the The Zoning Permit Plan shall include, as applicable: and their dimensions, including FREESTANDING distances to the nearest property lines. All STRUCTURES to be zoning permit shall meet current SETBACKS and OFFSETS. [Remainder ARTICLE Sec. or amendment on area, STRUCTURE, the following 23-7-40. Where [A. LOT through [Renumber of VII a Section - Nonconforming lawful of COVERAGE, such provisions: Nonconforming this D. subsequent — No STRUCTURE Chapter STRUCTURE — No change.] proposed change.] structures. that height, could items.] exists may Uses not its continue and Structures at the effective be built location to under on exist date of adoption of the ordinance codified herein the terms of this Chapter by reason of restrictions the LOT or other requirements concerning the so long as it remains otherwise lawful, subject to E. Refer to Section 23-4-100 for regulations on NONCONFORMING SIGNS. [Repeal Appendices 23-C, 23-D, and 23-E.] APPENDIX 73_(` DGL?MITTGI'l CIrA1C RV TVDG D All1 7OA1E I'11CTQlf SIGN FY.PE R 1 R-2 R S R-5 € C-1 C-2 >3 G-4 I-3 IN BANNER SIGN ne no no no no no yeslz yes/z ves/z yes/z yes/ -z yes/z yes/ -z yes/.2 BILLBOARD (not ne no ne nG 0o no /_ -4S4-' allowed in PUD) ,iD ti�S'7 yesfz yes/z yes/z yes/7 no BUILDING SIGN no nu no no no es/z - yes/z ves/z , yes/z yeslz yeslz yes/ yest BUILDING ,(es MARKER yes yes yes yes yes yec Yes yos yes yes yes yes CANOPY SIGN no no no z no _ _ _ yes yes/z _ yes/z _ yes/ -z _ yes/z _ yes, DEVELOPMENT yes/z yes/2 yes/z yes/z yes/2 yes/2 esi z yes/z yeslz vest! yes/z SIGN yes/z yes/2 y yes/z yeslz FLAG yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes FREESTANDING ne no ne A6 no no yes/: yes/z yes/a yes/2 y SIGN yes yes/: yes/2 yes/: IDENTIFICATION yes yes yes yes yes yes yes yes yes 30 SIGN yes yes yes yes yes y INCIDENTAL yes/a yes/a yes yes yes yes yes SIGN yes/a yes/a yes/a yes/a yos/a yes yos yes yes/: no no no no no no yes/: yesiz yes!: yes/: yes/: no OFF SITE DIRECTIONAL yes!: yes/a SIGN (not allowed in PUD) POLITICAL SIGN yes yes yos yes yes yes yes yes yes yes yes yes yes yes yos REAL ESTATE yes/a yes/z yes/a yes/z yes/- yes/a yes/2 yes/a yeslz yes/a yes/a yeslz yes/: PROMOTION SIGN yes/: yesiz RESIDENTIAL yes yes yes yes yes yes no no no no no no ne no SIGN yes SUSPENDED no no no no no no no yes/z yes/z yeslz yes/a yes/a yes/2 yes/: SIGN y3s/z TEMPORARY SIGN yes yes yes yes yes yes yes yes yes yes yes yes yes yos yes , WINDOW SIGN ne no no _ no no no no yes _ yes yes _ no _ no no ne yes BEACONS, ROOF S GNS, PENNANTS, inflatab e, tet right bulbs used for COMMERC AL purposes otier t any zone district. -ierec ba oons, PORTABLE S GNS anc strings of lean tracitiona 10 icay cecorations are not a owec in KEY TO ABBREVIATIONS A Agricultural Zone District R1 Low Density Residential Zone District R2 Duplex Residential Zone District R3 Medium Density Residential Zone District R--4 High Density Residential Zone District R5 Manufactured Home Residential Zone District Estate Zone District C1 Neighborhood Commercial Zone District C2 General Commercial Zone District C3 Business Commercial Zone District C-4 Highway Commercial Zone District I-4- Light Industrial Zone District I-2 Medium Industrial Zone District I-3 Heavy Industrial Zone District INS Institutional CHURCHES, SCHOOLS. CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in Agricultural and Residential Zone 1_-Ibe evaluated by the underlying USE(S) unless otherwise stated YES Such SIGN is allowed without prior zoning approval Such SIGN is allowed only with prior zoning approval YES/Z NO Such a SIGN is not allowed YES/A No COMMERCIAL MESSAGE of any kind allowed on SIGN BY ZONE DISTRICT AND TYPE NUMBER ALLOWED MAXIMUM SIGN AREA MAXIMUM HEIGHT SIGN TYPE BANNER SIGN 1 ZONE LOT 40 sq. ft. per BILLBOARD (not 1 ZONE LOT. No 300 sq. ft. BILLBOARD per shall be allowed in PUD) located less than 500 ft from any other BILLBOARD or OFF - SITE DIRECTIONAL SIGN. BUILDING SIGN No limit On a -given wall, the No higher than the top M the BUILDING sum of all BUILDING SIGNS which require a zoning shall not exceed permit 8% of that wall's sq. ft. BUILDING MARKER 1 BUILDING 4 sq. ft. per CANOPY SIGN I BUILDING face 10% of the vertical surface of the canopy per or 25 sq. ft., whichever is smaller DEVELOPMENT SIGN 1 PLANNED UNIT C & I - 150 sq. ft. all C & I - 25 ft. all others 8 ft. per DEVELOPMENT, other zones 32 sq. ft. Minor or Major Subdivision FLAG 1 ZONE LOT A, R. 8. E 15 sq. ft. A, R. & E 15 ft. total G, I & INS 60 sq. ft. C. I & INS 30 ft. per total FREESTANDING SIGN Al INS 1 ZONE A 16 sq. ft. C & I 25 ft. A Eft. LOT. C&I-1 per C&I 150sq. ft. INS 15 ft. ZONE LOT, per 1 each INS 32 sq. ft. 500 ft. of road frontage per or 1 each different road per frontage, whichever is greater.* IDENTIFICATION 1 tenant located 2 sq. ft. 4 ft. SIGN within per the BUILDING , INCIDENTAL SIGN N/A N/A N/A OFF -SITE C, I & A - 1 ZONE C & I - 300 sq. ft. C & I - X10 ft. LOT. No per signoff-SITE A - 150 sq. ft. A - 30 ft. DIRECTIONAL SIGN (not allowed in PUD DIRECTIONAL SIGN shall be located less zoning) than 500 ft. from any other BILLBOARD or OFF SITE DIRECTIONAL SIGN. POLITICAL SIGN No limits No limits No limits _ R2 REAL ESTATE 1 access 48 sq. ft. each 12 ft. PROMOTION SIGN per public single or double faced (On Premises} REAL ESTATE 2 single or double 48 sq. ft. each 8 ft. PROMOTION SIGN faced; must have (Off Premises} landowner permission. min. 300 ft. spacing RESIDENTIAL SIGN 1 ZONE LOT 1 sq. ft. 6 ft. per TEMPORARY SIGN 1 ZONE LOT A, R, & E 4 sq. ft. A, R, & E 6 ft. per C, I & INS 8 sq. ft. C, I & INS - 8 ft. WALL SIGN N/A NIA WINDOW SIGN NSA 25% of total window area KEY TO ABBREVIATIONS A Agricultural Zone District Low Density Residential Zone District Duplex Residential Zone District R3 Medium Density Residential Zone District R-4 High -Density Residential Zone District R5 Manufactured Home Residential Zone District Estate Zone District C-1 C2 General Commercial Zone District C-3 Business Commercial Zone District C-4 Highway Commercial Zone District Light Industrial Zone District 1-2 Medium Industrial Zone District INS ns- -ut ona C - U RC1- ES, SC-OO_S, C EMETER ES, DUB_ C JARKS and PUBL C RECREAT ONAL FAC _IT ES in Agricu tura anc Resicential Zone Districts anc J annec Unit Deve opment (PLED) Zone District s call be evaluated by the underlying USE(S) unless otherwise stated. * SIGNS calculated by road frontage must be constructed in the 500 feet of road frontage or on the different road frontage, they may not be grouped. APPE ID X 23-E PERM TTED SIGN C DISTRICT ARAC ER S CS BY ZONE SIGN T TYPE A i-- R- 2 , R- R- 4 _5 R- E G- G- C C- f--1- J-2 1 3 INS 3 _4 3 4- 2 1 ANIMATED ne no no no no ne no no no no fno no 40 ne n -o SIGN CHANGEABLE no n -o fn -o no no no no yes yes yes yes yes yes yes yes COPY SIGN Illumination,- 40 no no no no no no yes 49 yes yes yes yes yes yes Internal" Illumination, External' yes yes yes yes yes yes yes yes yes yes Illumination, no no no no e no no no n no Exposed Bulbs -o or Neon KEY TO ABBREVIATIONS A Agricultural Zone District , R 1 Low Density Residential Zone District R 2 Duplex Residential Zone District R 3 Medium Density Residential Zone District R--4 High -Density Residential Zone District R--5 Manufactured Home Residential Zone District Estate Zone District Neighborhood Commercial Zone District C -2 General Commercial Zone District C-3 Business Commercial Zone District O-4 4-2 Medium Industrial Zone District 1-3 Heavy Industrial Zone District NS ns- _t_ .ona C-URC-I- U RC -I- ES, SC -00 _S. C EV E ER ES, PUB_ C PArRKS and e Districts anc a annec Unit Deve opmen- ( UD) Zone District sia be evaluated by the underlying USE(S) unless otherwise stated YES such SIGN is allowed NO such a SIGN is not allowed * TEMPORARY SIGNS may not be illuminated. lines. MEMORANDUM TO: WELD COUNTY PLANNING COMMISSION FROM: JIM FLESHER, LONG-RANGE PLANNER TOM PARKO, JR., DIRECTOR OF PLANNING DATE: NOVEMBER 2, 2021 RE: SIGN CODE UPDATE, CONTINUED This memorandum serves as an Exhibit of the additional changes staff is proposing to the draft resolution for Ordinance 2021-16. Changes since the October 5th Planning Commission hearing are identified in blue highlighting. After further review, staff proposes the following revisions to the ordinance: ARTICLE I - General Provisions Sec. 23-1-90. Definitions. DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earth uake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay improper or lack of maintenance, vandalism or infestation with vermin or rodents. ARTICLE II - Procedures and Permits Division 3 - Site Plan Review Sec. 23-2-160. Application requirements for site plan review. W.10. All existing and proposed STRUCTURES, excluding SIGNS, and their dimensions and approximate distances to the nearest property Division 4 - Uses by Special Review Sec. 23-2-260. Application requirements. D.5.c.2) All existing and proposed STRUCTURES _ 1 ing kaLQi , and their dimensions and approximate distances to the nearest property lines. ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 2 Signs Sec. 23-4-70. General provisions. 6.5. Illuminated SIGNS and their lighting shall not flash, blink, flicker, vary in intensity, or move. H. The following are prohibited in all zoning districts in unincorporated Weld County: EXHIBIT (re) 9C121 -/L' LI Page 1 1. SIGNS in a sight distance triangle, as described in Appendix 8-O of this Code, or any SIGN that may be confused with a traffic control device and/or may present a danger due to its potential to interfere with, mislead, or confuse the steady and safe flow of traffic. 3. SIGNS withir five (5) feet of a fire hydrant. 4. SIGNS attached directly or indirectly to trees, rocks, or anything not located on the same LOT as the SIGN. 5. BANNER SIGNS affixed to '!SEMI -TRAILERS, vehicles, or other movable objects. 6. A CARGO CONTAINER shall not be used in any manner to display a SIGN. Sec. 23-4-90. Regulations of the size and number of signs. B.2.c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) square feet. C.1.c. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than thirty-two (32) square feet. Division 17 - Zoning Permits for Certain Uses in the Agricultural Zone District Sec. 23-4-1220. Application requirements. C.1. Existin and ro osed STRUCTURESLexcludng SI_GNS, and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS and their dimensions Page 2 Weld County Sign Code Reform Strategies and Suggestions for the Weld County Planning Commission November 2, 2021 FAIRFIELD WOODS.� r _ EXHIBIT {i&at- ft Weld County Is Off To A Good Start • Removing facially content -based provisions from the sign code is really important, both legally and practically. • It is also important to get away from content -based thinking. FATRFTELD WOODSoc FAIRFIELD WOODS oc "Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding." • Justice Louis Brandeis Seriously? Yes. • Free speech can be tiring, but erosion of free speech rights is worse it eventually affects everyone. • This is not a partisan issue. • Those who swear an oath to protect and defend the Constitution have a solemn obligation not to use government power to censor speech. • In Colorado, signs are protected by the First Amendment. • As such, all sign regulations implicate the First Amendment. • Since the 2015 case of Reed v. Town of Gilbert, Ariz., Weld County's sign regulations are "presumptively unconstitutional." • Reform is a good idea. FAIRFIELD WOODSpc. Aren't We Doing Just That? What's Wrong? • Allowing people to say what they want goes a long way to avoiding stepping on free speech rights, but it's not enough. • Rights that are too restricted to be meaningfully exercised are not really rights-- • Imagine having the right to say what you want, but only if you're in a forest and there's no one around. • Imagine having the right to write what you want, but you can only publish it if it is written in Sanskrit. • Imagine having the right to display a sign, but only if it's not large enough or tall enough to be safely read by passing motorists. So What? It's Just Signs. Signs Are Ugly. • Signs are critically important to those who invest in and display them, including your fellow citizens in Weld County • Businesses • Churches • Schools • Non-profit organizations • Even government • It is not possible to be simultaneously "pro -business" and "anti -sign." Signs Create Value • Empirical university -level research shows that: • Sign readability is the most important driver for customers to try new things. • New signs increase business on the order of 10 percent. • Electronic signs can increase business even more, maybe up to 40 percent. • Sign improvements that focus on size, location, and readability increase sales. • About 75 percent of customers have entered a store because its sign made the store stand out. • Signs also display public service and public safety messages, and sometimes even brighten the day. i FAIRFIELD WOODS PC SLOW DOWN! HELP PREVENT CRASHES 2 tbut,r. Create a context -sensitive, empirically supportable approach to sign area. Legibility is a Matter of Science Time Between Legibility and Passing Sign Table at 1 Common Travel Speeds, by Lettering Height Letter Height Travel Speed 6 in. 9 in. 12 in. 18 in. 24 in. 1.56 sec. 2.34 sec. 3.12 sec. 4.68 sec. 6 24 sec. 75 mph (110 fps) 2.6 sec. 3.9 sec. 5.2 sec. 7.8 sec. 10.4 sec. 45 mph (66 fps) 1 30 mph (44 fps) 3.9 sec. 5.85 sec. 7.8 sec. 11 7 sec. 15.6 sec. FAIRFIELD WOODS PC Legibility is a Matter of Science Evidence -Based International Table Sign 2 Association Recommendations Speed Limit Environment Min. Letter Height Sign Area 30 Simple 11 in. 53 sq. ft. Complex 1 S in. 98 sq. ft. 45 Complex 22 in. 210 sq. ft. . Multi -Lane 25 in. 271 sq. ft. 60 Complex 32 in. 444 sq. ft. Multi -Lane 36 in. 563 sq. ft. • Signs along high-speed Interstate Highways should be allowed to be 672 sq. ft. C and I Zones Aren't Hard to Study C and I zones are a tiny fraction of land in Weld County. Many business owners in these zones depend upon their signs. FAIRFIELD �WOODSoc • Current proposal is 10% of a wall, with maximum total of 150 sq. ft. • Modest sign here is about 20o sq. ft. • The sign occupies 14% of the North building wall. • East building wall is also already over the 150 sq. ft. sign limit. • New tenants might just display banners. (see § 23-4-90.A.1.b.) RITE 1JTh • Under current proposal, agricultural rules would apply. • That makes things even harder for this small business. • None of these signs would comply with the proposed regulations. • All of these businesses depend upon highway visibility. • Century RV is already hard to see across Northbound 1-25 and frontage road, yet its sign also exceeds the proposed standards. Create a context -sensitive, empirically supportable approach to height and setbacks. Height Can Be Helpful Table 3 Evidence -Based Sign Height Recommendations Min. Letter Height Sign Height Speed Limit Environment i 30 Simple 11 in. 31 ft. Complex 15 in. 41 ft. 45 Complex 22 in. 58.5 ft. Multi -Lane 25 in. 62.5 ft. 60 Complex 32 in. 83.5 ft. Multi -Lane 36 in. 93.5 ft. • Signs along high-speed Interstate Highways should be allowed to be more than 40 feet tall, and should be measured from Interstate grade. FAIRFIELD WOODSP< Height Can Be Helpful • Vertical cone of vision is about S degrees up and down from center. • All other things equal, signs are generally most readable if they are above the activity of the street. • Signs that are too low cannot be safely read across traffic lanes on busy streets and highways. • Sign height should accommodate the need for the "cross -read," particularly along Interstates and major highways. • Sign height should account for the difference in grade between where the sign is located and where its audience is. Overly Restricted Height Is Counterproductive Setbacks Should Be Pretty Narrow • Primary cone of vision is 15 degrees to either side of centerline. • Outside of the primary cone is peripheral vision, to about 60 degrees. • Large setbacks take signs from primary cone to peripheral (where they are distractions, particularly if they are too small to safely read). • . • . . . a • • • . FAIRFIELD WOODSPc AIRFIELD :WOODS oc • Commercial area at this 1-76 interchange struggles hard, in part due to poor visibility. • The signs are larger and taller than the proposed code would allow. • There are shielding technologies that prevent light overspill. • Spacing should not be required if light sources are shielded • Displays are much better quality today than they used to be --many are nicer than typical cabinet signs. Consider allowing high quality signs in commercial and industrial zones to be 100 percent digital. • There has to be sufficient room to cool a display panel. The County should allow some extension from the building for that purpose. • Six seconds of dwell time is a typical (and empirically safe) standard. • CDOT allows (and uses) 4 second dwell times. Closing Thoughts • Removing content -based distinctions is a good start, but more should be done to create a sign code that works for the County. • Sign area and height limits should be context -sensitive • Zoning district • Type / width of road • Presence of frontage roads • Sign setbacks should be narrow MD IMP' FAIRFIELD WOODS oc Closing Thoughts • Electronic displays have improved a lot, and should be allowed, up to 100 percent. • Flexibility to allow for emerging technologies (like light shielding) is important. • Don't get wrapped up in state and federal regulations. • Leave it to the state and federal governments to enforce and defend their own rules! i FAIRFIELD WOODS oc Thanks! FAIRFIELD WOODSo MEMORANDUM TO: WELD COUNTY PLANNING COMMISSION FROM: JIM FLESHER, LONG-RANGE PLANNER TOM PARKO, JR., DIRECTOR OF PLANNING DATE: OCTOBER 5, 2021 RE: SIGN CODE UPDATE Weld County has had regulations on signs in the zoning code since it was first adopted in 1961. In 2006 the sign code was repealed and re-enacted. It is necessary to update it again, due in part to the 2015 US Supreme Court case of Reed v Town of Gilbert, Arizona, which basically requires regulations on signs to be content -neutral. In other words, limitations on signage (recognized as speech protected by the First Amendment) should not differ based on the message the sign conveys. Limits on sign size can differ based on things like zoning classification and lot size, which is what staff proposes. The current sign code is not content -neutral because there are different limits depending on what type of sign it is, and the sign type depends on what the sign says. For example, currently a real estate sign can be 48 square feet, billboards can be 300 square feet, and political signs have no limits on size. In order to ensure the sign code is content -neutral, staff recommends that it not differentiate between on -premise and off -premise signs. Off -premise signs include what are generally thought of as billboards, which generate revenue from advertising. Therefore, it is important to understand that under a sign code that does not differentiate between on -premise and off -premise signs, any sign, including one in a residential district, could be a billboard in the sense of it can advertise anything. Under the new code, the limit on the size of a sign would be the same regardless of whether the sign conveys support for a business, a political candidate, or an opinion. Therefore, most of the definitions on different sign types can be eliminated. Size limits in the new sign code differ based on the zoning and whether the sign is a building sign, banner sign, or freestanding sign. Zoning districts would be grouped as: 1. Residential, Estate, and Ag-zoned subdivisions and historic townsites, 2. Ag outside of subdivisions and townsites, 3. Commercial and Industrial lots under two acres, and 4. Commercial and Industrial lots two acres or larger. One of the biggest changes would be to allow more signage in the Ag zone. Currently. lots in the Ag zone are limited to a 16 -square -foot freestanding sign up to six feet in height, and no building signs or banners are allowed. The draft ordinance would increase the size limits to 75 square feet and up to 15 feet in height for freestanding signs in the Ag zone outside of subdivisions/townsites, and allow building signage to cover up to five percent of a wall with a maximum of 75 square feet. Lots over five acres with at least 500 feet of frontage could have a second freestanding sign. EXHIBIT Ova (Z421--0, Page 1 Signage would no longer be part of a Use by Special Review, meaning an applicant would have to comply with the code as written rather than request greater signage than specified in the code Other changes include 1 For the purposes of signs, lots owned and operated by public agencies would be treated as Commercial or Industrial 2 Vacant lots and outlots would have certain size limits regardless of zoning in order to allow for signs advertising the subdivision or development while somewhat limiting their potential for use for billboards 3 Setbacks would be changed to allow signs in future right-of-way with a provision that they must be removed at the owner's expense upon request by the County 4 Some signs would also have smaller setbacks than currently required by allowing signs that are less than 10 feet tall to be located on the property line (no setback) Taller signs would be required to be set back a distance equal to the height of the sign 5 Provisions on what are currently referred to as changeable copy signs would be updated and defined as electronic message displays (EMDs), which are becoming more popular but can be distracting to motorists and annoying to residents They would continue to be limited to the C and I zones, but would also be prohibited within 500 feet of residential properties (unless the sign faces away from the property), and the area of the EMD portion would be limited to 50 percent of a sign's total area, so that half would be traditional, static signage 6 A new provision would also limit light spillover from signs to 0 3 footcandles, which is recommended by the International Sign Association Signs in the Ag, Residential, and Estate zones would not be allowed to have internal illumination, which is the same as the current code (They could be externally illuminated by shining a light on the sign, as long as the lighting meets the provisions in the code to limit spillover ) Please refer to the proposed changes in the attached resolution Page 2 MEMORANDUM TO: WELD COUNTY PLANNING COMMISSION FROM: JIM FLESHER, LONG-RANGE PLANNER TOM PARK(); JR., DIRECTOR OF PLANNING DATE NOVEMBER 2, 2021 RE: SIGN CODE UPDATE, CONTINUED This memorandum serves as an exhibit of the additional changes staff is proposing to the draft resolution for Ordinance 2021-16. After further review, staff proposes the following revisions to the ordinance: 1. In the definition of "DERELICT SIGN", delete "resulting from vandalism, animal infestation, or lack of maintenance". The cause is irrelevant. 2. In Sec. 23-2-160.W.10 (site plan map requirements) and Sec. 23-2-260.D.5.C.2) (USR map requirements), revise the language to exclude signs. Revised language would read: "All existing and proposed STRUCTURES, excluding SIGNS, and their dimensions and approximate distances to the nearest property lines." This would eliminate confusion about whether an amendment to a site plan or USR is required if the property owner wants to change the sign. They would just obtain building permits for signs and staff would review them for compliance with the sign code at that time. (See also number 6, below, regarding ZPAGs.) 3. For clarity, remove "Flashing SIGNS" from the prohibited signs section (Sec. 23-4-70.H.2) and insert in the section on lighting (23-4-70.B.5): "Illuminated SIGNS and their lighting shall not flash, blink, flicker, vary in intensity, or move." This would include shining a strobe light on a sign. 4. We realized that another section of code (Sec. 23-4-1100, Cargo containers used for storage, an office, a dwelling or any habitable use, Subsection D) says: "A CARGO CONTAINER shall not be used in any manner to display a SIGN." Therefore, we propose changing the language in the draft sign code to reflect that by removing "CARGO CONTAINERS" from Sec. 23-4-70.H.6 and inserting a paragraph 7 that prohibits all signs on cargo containers using the same language in 23-4-1100.D, above. 5. In Sec. 23-4-90.B.2.c, we realized 80 should have been 90. The intent was that signs no taller than 10 feet could have a 20% bonus in allowable area. 6. In Sec. 23-4-90.C.1.c, we propose increasing the maximum size of a sign in the R and E zones and Ag-zoned subdivisions and townsites to 32 square feet from 25. This was a suggestion of Mr. Messenger based on a standard sheet of plywood being 8 feet by 4 feet. 7. In Sec. 23-4-1220.C.1, we propose the same change for ZPAGs (Zoning Permit for certain uses in the Agricultural zone) as for site plans and USRs (number 2, above). Please refer to the proposed changes on the attached. Changes since the October 5 Planning Commission hearing are identified in blue highlighting. Page 1 In response to the comments from Todd Messenger, staff offers the following comments Temporary signs The definition of "temporary sign" will be removed with the update Any lot is allowed to have a certain amount of signage, including up to 5 signs of up to 6 square feet If a property owner exceeds the allowed signage for their lot, the County may require them to bring the property into compliance with the sign code This usually would be in response to a complaint The Planning Department has two code enforcement staff and does not "patrol" looking for sign code violations If a complaint is received, staff would need to visit the site to verify there is a violation Then a letter would be mailed to the property owner informing them of the violation and requiring it to be corrected, usually within 10 days If the violation is not corrected, the case would be forwarded to the County Attorney's office to be scheduled for County Court This process can take many months Therefore, staff does not feel it is worthwhile to include provisions for removing temporary signs after a certain amount of time, which would involve staff having to verify how long the signs have been in place Temporary sign provisions are more appropriate for jurisdictions requiring prior approval of a sign permit Size and height limits Currently, freestanding signs in the Commercial and Industrial zone districts are limited to 150 square feet and 25 feet in height The proposed update would keep these regulations for lots over 2 acres, but allow for a sign of up to 180 square feet if the sign is no more than 10 feet tall This is intended to encourage monument signs over taller pole signs, but the property owner still has the option of a taller sign Setbacks Another incentive for monument signs is in the setback requirements Freestanding signs up to 10 feet tall would have no setback requirement from current right-of-way (ROW), whereas the current code requires 15 feet from future ROW, which is usually 40 feet back from current ROW for arterial roads (40 feet future ROW plus 30 feet existing = 70 feet x 2 = 140 feet total for arterials ) So under the update, such a sign could be 55 feet closer to the road than under the current code (15 feet plus 40 feet of future ROW ) If the sign is over 10 feet tall, it would have to be set back from current ROW a distance equal to the sign height, which has a 25 -foot maximum So a 25 -foot sign on a lot on an arterial road would have to be set back 25 feet from current ROW under the update, rather than the 55 feet under the current code The business owner would have the option of a monument sign up to 10 feet tall on the property line, or a taller sign set back farther Basing sign regulations on zoning and lot size is simpler than considering the speed limit, number of lanes, etc , of the adjacent road Every variable in determining the allowed signage on a lot introduces complexity for the property owner and staff, meaning more time and potential for mistakes, especially in such a large county as Weld County Finally, the County Comprehensive Plan encourages the annexation of urban -scale development (Sec 22-2-30 B 1) If property owners are allowed much more signage in the County than in municipalities, then that could be a disincentive to annex That doesn't mean we need to review every sign code for the 32 municipalities in Weld County and ensure our code is more restrictive, but it is something to consider when looking at sign limits Page 2 MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: JIM FLESHER, LONG-RANGE PLANNER TOM PARKO, JR., DIRECTOR OF PLANNING DATE: OCTOBER 18, 2021 RE: SIGN CODE UPDATE As mentioned in the worksession on September 15, 2021, it is necessary to update the sign code, in part due to the 2015 US Supreme Court case of Reed v Town of Gilbert, Arizona, which basically requires regulations on signs to be content -neutral. In other words, limitations on signage (recognized as speech protected by the First Amendment) should not differ based on the message the sign conveys. Limits on sign size can differ based on things like zoning classification and lot size, which is what staff proposes. The current sign code is not content -neutral because there are different limits depending on what type of sign it is, and the sign type depends on what the sign says. For example, currently a real estate sign can be 48 square feet, billboards can be 300 square feet, and political signs have no limits on size. Under the new code, the limit on the size of a sign would be the same regardless of whether the sign is a real estate sign, billboard, or political sign. Therefore, most of the definitions on different sign types can be eliminated. Billboards would just be considered freestanding signs (assuming they aren't attached to a building). While size limits on billboards and political signs would be reduced to that of all other freestanding signs, more signage would be allowed in the Ag zone. Currently, lots in the Ag zone are limited to a 16 -square -foot freestanding sign up to six feet in height, and no building signs or banners are allowed. The draft ordinance would increase the size limits to 75 square feet and up to 15 feet in height for freestanding signs in the Ag zone outside of subdivisions/townsites, and allow building signage to cover up to five percent of a wall with a maximum of 75 square feet. Lots over five acres with at least 500 feet of frontage could have a second freestanding sign. Signage would no longer be part of a Use by Special Review, meaning an applicant would have to comply with the code as written rather than request greater signage than specified in the code. Other changes include: 1. For the purposes of signs, lots owned and operated by public agencies would be treated as Commercial or Industrial. 2. Vacant lots and outlots would have certain size limits regardless of zoning in order to allow for signs advertising the subdivision or development while somewhat limiting their potential for use for billboards. 3. Setbacks would be changed to allow signs in future right-of-way with a provision that they must be removed at the owner's expense upon request by the County. 2021-2938 Page 1 4. Some signs would also have smaller setbacks than currently required by allowing signs that are less than 10 feet tall to be located on the property line (no setback). Taller signs would be required to be set back a distance equal to the height of the sign. 5. Provisions on what are currently referred to as changeable copy signs would be updated and defined as electronic message displays (EMDs), which are becoming more popular but can be distracting to motorists and annoying to residents. They would continue to be limited to the C and I zones, but would also be prohibited within 500 feet of residential properties (unless the sign faces away from the property), and the area of the EMD portion would be limited to 50 percent of a sign's total area, so that half would be traditional, static signage. 6. A new provision would also limit light spillover from signs to 0.3 footcandles, which is recommended by the International Sign Association. Signs in the Ag, Residential, and Estate zones would not be allowed to have internal illumination, which is the same as the current code. (They could be externally illuminated by shining a light on the sign, as long as the lighting meets the provisions in the code to limit spillover.) The Planning Commission did not make a recommendation on the sign code update at its meeting on October 5, 2021, due to the attached comments from Mr. Todd Messenger being submitted that morning. The Planning Commission voted to postpone making a recommendation and will consider those comments and the sign code update again at its meeting on November 2, 2021, and staff will present its recommendation to the Board of County Commissioners on second reading on November 18, 2021, if the ordinance is approved on first reading on October 18. Alternatively, a decision on first reading could be postponed to November 18. The third reading currently scheduled for December 6 would become second reading and a new third reading date would be scheduled. Staff recommends adoption of the ordinance. Page 2 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Jim Flesher Wednesday, November 3, 2021 4:03 PM Cheryl Hoffman Esther Gesick; Tom Parko Jr. RE: Ord2021-16 - Chapter 23 Ord21-16.2nd with more 2 changes from PC.docx Thanks, Cheryl: Attached has 2 more changes as a result of PC in track changes. As I mentioned on the phone, the first one is slightly different from what you'll see in the PC reso that Michelle will be sending. A few other things: 1. There was a missing space in the defn of SIGN. 2. See my comment about saying "No change" when it's no change from 1st reading, not no change from current code. I think we should write those lines out in 23-4-70.H. 3. I thought we changed the Roman numerals in 23-4-90.A.2.c to Arabic. Can we do that without a strikethrough? Thanks again, Jim From: Cheryl Hoffman <choffman@weldgov.com> Sent: Wednesday, November 3, 2021 2:24 PM To: Jim Flesher <jflesher@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: Ord2021-16 - Chapter 23 This is the ordinance as it stands now for 2nd Reading. Ch r I L. HotHnan Deputy Clerk to the Board 1 150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 1 WELD COUNTY CODE ORDINANCE 2021-16 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, Chapter 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 23 ZONING ARTICLE I — General Provisions Amend Sec. 23-1-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: Delete ANIMATED SIGN. BANNER SIGN: Any SIGN that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts, or wire, or hung on walls with ties, clips, rails, rivets, hooks, or frames. Delete BEACON. Delete BILLBOARD. Delete BUILDING MARKER. Delete BUILDING SIGN. PAGE 1 2021-* ORD2021-16 Delete CANOPY SIGN. Delete CHANGEABLE COPY SIGN. Delete COMMERCIAL MESSAGE. DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind, or other natural causes, or is in a state of general dilapidation, deterioration, or decay 5e.$ 1 1 L.4 C/I I I t,7 1 1 3, d 3 S l i 3 1 3 L -fl nfestation, or I Delete DEVELOPMENT SIGN. C' Add ELECTRONIC MESSAGE DISPLAY: A SIGN or a portion of a SIGN with a display surface composed of light -emitting diodes (LEDs) or similar light sources and capable of displaying varying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. FLAG: Any SIGN made of fabric attached to a pole and having a width approximately equal to twice its height. FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed on, and anchored in, the ground and that are independent from any BUILDING or other STRUCTURE. Delete IDENTIFICATION SIGN. Delete INCIDENTAL SIGN. NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this Chapter, but which was lawfully established prior to the time of its applicability. Delete OFF -SITE DIRECTIONAL. Delete PENNANT. PORTABLE SIGN: Any SIGN greater than six (6) square feet that is designed to be transported, including, but not limited to, SIGNS designed to be transported by means of wheels. Delete PROJECTING SIGN. Delete REAL ESTATE PROMOTION SIGN. Delete RESIDENTIAL SIGN. Delete ROOF SIGN. SIGN: Any object, device, display, STRUCTURE or part thereof that includes (or is specifically designed to include) lettered, pictorial, or sculptured matter that is intended to convey information to people on a sidewalk, in a parking lot, on a PUBLIC STREET/ROAD or other RIGHT-OF-WAY, or on nearby property. PAGE 2 2021-* ORD2021-16 Delete SIGN, FLUSH WALL. Delete SUSPENDED SIGN. Delete TEMPORARY SIGN. Delete WALL SIGN. Delete WINDOW SIGN. Delete ZONE LOT ARTICLE II — Procedures and Permits Division 3 — Site Plan Review Amend Sec. 23-2-160. Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A. thru K. — No change. L. Reserved. M. thru V. — No change. W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: 1. thru 9. — No change. 10. All existing and proposed STRUCTURES, excludinc SIGNS, and their dimensions; lnsl .;fg FREESTANDING SIGNS; and approximate distances to the nearest property lines. Delete 11. Renumber subsequent items. Remainder of Section — No change. PAGE 3 2021-* ORD2021-16 Division 4 - Uses by Special Review Amend Sec. 23-2-240. Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 1. thru 11. — No change. 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 of this Chapter. Remainder of Section — No change. Amend Sec. 23-2-260. Application requirements. A. - No change. B. The following general information shall be submitted: 1. thru 14. — No change. Delete 15. Renumber 16. and 17. as 15. and 16. C. — No change. D. Special Review Permit Plan Map. 1. thru 4. — No change. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. a. thru b. — No change. c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 1) — No change. 2) All existing and proposed STRUCTURES, excluding SIGNS, and their dimensions- inc ucing = RE -S —AND NG S G\ S7 and approximate distances to the nearest property lines. 3) thru 12) — No change. PAGE 4 2021-* ORD2021-16 Delete 13). Renumber 14) as 13). Remainder of Section — No change. ARTICLE IV — Supplementary District Regulations and Zoning Permits Division 2 - Signs Amend Sec. 23-4-60. Purposes, intent, and applicability. A. The purpose of this Division is to provide standards to promote, preserve, and protect the health, safety, and general welfare in the unincorporated lands of the COUNTY. B. These regulations are intended to: 1. Encourage the effective use of SIGNS as a means of communication, 2. Protect the safety of pedestrians and motorists by avoiding excessive levels of distraction, 3. Maintain and enhance the appearance of the COUNTY by avoiding excessive levels of visual clutter, 4. Ensure SIGNS in unincorporated Weld County are well -constructed and maintained, 5. Safeguard property values and promote economic development, 6. Minimize the potential adverse effects of SIGNS on nearby public and private property, and 7. Recognize rights of free speech by regulating SIGNS in a fair, consistent, and content neutral manner. C. No SIGN shall be erected, placed, established, painted, created, enlarged, or maintained in unincorporated Weld County, except in conformance with this Code. D. SIGNS erected or maintained by the COUNTY or the Colorado Department of Transportation shall be exempt from the provisions of this Division. Amend Sec. 23-4-70. General provisions. A. SIGNS and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. B. Lighting. SIGNS that are electronically adjustable for lighting shall comply with the provisions of this subsection. Other SIGNS shall be brought into compliance with this subsection when any maintenance is conducted on the lighting system, including, without limitation, replacing bulbs and fixtures. PAGE 5 2021-* ORD2021-16 1. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare. 2. The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is visible from any LOT line on which the SIGN is located is prohibited. 3. Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three -tenths (0.3) footcandles in excess of ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall not cast illumination at a level exceeding three -tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. 4. SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection. 5. Illuminated SIGNS and their lighting shall not flash, blink, flicker, vary in intensity, or move. C. No SIGN shall be erected within or extend over RIGHT-OF-WAY except by the owner of the RIGHT-OF-WAY. The COUNTY may remove and dispose of any SIGN within COUNTY RIGHT-OF-WAY without notice. D. If a LOT is located in more than one (1) zoning district, the more restrictive SIGN limits shall apply to the entire LOT. E. SIGNS other than FLAGS shall be stationary at all times. F. SIGNS shall comply with applicable state and federal regulations. G For the purposes of this Code, PORTABLE SIGNS shall be considered FREESTANDING SIGNS and shall be required to comply with all applicable regulations. H. The following are prohibited in all zoning districts in unincorporated Weld County: 1. Searchlights, flashing lights, mirrors, flames, smoke, or beacons used to attract attention to a business. .-sh-i-ng SIG S. 3. thru 5. — No change. Renumber 3. thru 5. as 2. thru 4.[JFl] r 5. BANNER SIGNS affixed to SEMI -TRAILERS, vehicles, or other movable objects. 6. A CARGO CONTAINER shall not be used in any manner to display a SIGN. Remainder of Section — No change. [JF2] PAGE 6 2021-* ORD2021-16 Delete Sec. 23-4-75. Definitions. Amend Sec. 23-4-80. Electronic message displays. A. ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. B. ELECTRONIC MESSAGE DISPLAYS shall not be located within five hundred (500) feet of any LOT zoned Residential, Estate, or PLANNED UNIT DEVELOPMENT with Residential or Estate USES or any incorporated LOT with residential USES, unless the ELECTRONIC MESSAGE DISPLAY faces away from the residential LOT. C. No more than fifty (50) percent of the area of a FREESTANDING SIGN may consist of an ELECTRONIC MESSAGE DISPLAY. D. No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the back of the SIGN shall not project more than one (1) foot from the waits flush to _ the - l -L - ether than _ prolecting.bF31 E. ELECTRONIC MESSAGE DISPLAYS shall be equipped with a malfunction display and the ability to automatically shut off if a malfunction occurs, shall have automatic dimmer software or ambient light monitors to control brightness for nighttime viewing, and shall comply with lighting provisions of this Division 2. The display of an ELECTRONIC MESSAGE DISPLAY, including its brightness, shall not change more frequently than every ten (10) seconds. ELECTRONIC MESSAGE DISPLAYS shall change only instantly or through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images. Existing ELECTRONIC MESSAGE DISPLAYS shall be brought into compliance with this subsection upon the effective date of the ordinance. Amend Sec. 23-4-90. Regulations of the size and number of signs. A. Commercial (C) and Industrial (I) zones: 1. SIGNS on BUILDINGS in the C and I zones: a. SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet per individual SIGNtotal-on any given wa-lT[JF4], with no limit on the number of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) PAGE 7 2021-* ORD2021-16 FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height. c. Area. �1. On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) square feet. 142. On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to one hundred eighty (180) square feet.pFs] 3. BANNER SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage o n a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: 1. SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall, with no limit on the n umber of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage o n one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) PAGE 8 2021-* ORD2021-16 FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to e-ighty (80>ninety (90) square feet. 3. BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. C. Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Agricultural (A): 1. FREESTANDING SIGNS and BANNER SIGNS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A: a. Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN. b. Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height. c. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than twenty -fi,, (25)thirty-two (32) square feet. 2. No SIGNS other than those described in Subsection C.1, above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A, except in accordance with Subsections D and E below. D. SIGNS on LOTS without a PRINCIPAL BUILDING, regardless of zoning: 1. Notwithstanding any provision in this Division 2 to the contrary, each SIGN on a LOT without a PRINCIPAL BUILDING shall be limited to sixty-four (64) square feet and not more than eight (8) feet in height, plus the SIGNS allowed in Subsection E below. PAGE 9 2021-* ORD2021-16 2. LOTS without a PRINCIPAL BUILDING shall be limited to not more than one (1) FREESTANDING SIGN for each PUBLIC STREET/ROAD that the LOT abuts. 3. SIGNS located on a LOT without a PRINCIPAL BUILDING shall not be required to meet SETBACKS or OFFSETS as long as the entire SIGN and all its components are within the LOT. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. 4. SIGNS erected on LOTS without a PRINCIPAL BUILDING shall not be considered nonconforming once a PRINCIPAL BUILDING is constructed or placed on the LOT, at which time SIGNS on the LOT shall be brought into compliance with the regulations of this Code. E. Other SIGNS: In addition to other allowed SIGNS, each LOT may have up to five (5) SIGNS of up to six (6) square feet each. F. Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones. For the purposes of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries, and federal, state, and local government agencies. Amend Sec. 23-4-100. Nonconforming signs. Any legally established SIGN made nonconforming by adoption of, or amendment to, these regulations may continue to exist, so long as it remains otherwise lawful, subject to the following provisions: A. A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of this Code. The repainting or reposting of display matter shall not be deemed a structural alteration. B. If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged. Delete C. Amend Sec. 23-4-110. Computations of sign area and height. A. Computations of area of SIGNS. The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or STRUCTURE against which it is placed, but not including any supporting framework, bracing or decorative fence or wall clearly incidental to PAGE 10 2021-* ORD2021-16 the display itself. The entire area of the STRUCTURE of a FREESTANDING SIGN shall be included in the calculation of SIGN area, except that portion of a SIGN below a height of seven (7) feet if said portion contains no signage other than the street address of the property. B. Computation of area of multi -faced SIGNS. When two (2) SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with an angle of less than forty-five (45) degrees between them, the SIGN area shall be computed by the measurement of only the larger of the faces. For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart, each face will be included when measuring the area of the SIGN. For SIGNS attached to BUILDINGS, all SIGN faces shall be included. C. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Height limits for SIGNS shall not apply to flagpoles. Amend Sec. 23-4-120. Requirements for setback, offset, and clearance. A. Setbacks for SIGNS not on BUILDINGS: Notwithstanding any other provision of this Code to the contrary, SIGNS ten (10) feet in height or less may be located anywhere on a LOT including on a LOT line abutting RIGHT-OF-WAY as long as the entire SIGN and all its components are within the LOT and as long as the SIGN complies with sight distance requirements, as described in Appendix 8-Q of this Code. SIGNS greater than ten (10) feet in height shall be set back from all RIGHTS -OF -WAY a distance equal to the height of the SIGN STRUCTURE. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. B. OFFSETS: Notwithstanding any other provision of this Code to the contrary, SIGNS larger than six (6) square feet shall have a required OFFSET distance equal to the height of the SIGN STRUCTURE. An exception allowing a reduced OFFSET may be granted by the Director of Planning Services upon the submittal of a waiver on a form provided by the Department of Planning Services signed by the owner(s) of the LOT nearest the SIGN. C. SIGNS projecting aver a driveway shall have at least fourteen (14) feet clearance above the surface of the driveway. D. SIGNS projecting over a walkway shall have at least nine (9) feet clearance above the surface of the walkway. E. Flagpoles shall be set back from all property lines a distance equal to the height of the pole. PAGE 11 2021-* ORD2021-16 Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District Amend Sec. 23-4-1205. Design standards. The applicant shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT: A. thru K. — No change. L. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 of this Chapter. Remainder of Section — No change. Amend Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: A. thru B. — No change. C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. Existing and proposed STRUCTURES, excluding SIGNS, and their dimensions, including FREESTANDING S- —N-S-; and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS. 2. thru 4. — No change. Delete 5. Renumber subsequent items. Remainder of Section — No change. ARTICLE VII — Nonconforming Uses and Structures Amend Sec. 23-7-40. Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT COVERAGE, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: PAGE 12 2021-* ORD2021-16 A. thru D. — No change. Add E. Refer to Section 23-4-100 for regulations on NONCONFORMING SIGNS. Repeal Appendices 23-C, 23-D, and 23-E. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2021-16 was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board Scott K. James, Pro-Tem BY: Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: EXCUSED Mike Freeman County Attorney Lori Saine Date of signature: PAGE 13 2021-* ORD2021-16 Publication: September 17, 2021 First Reading: October 18, 2021 Publication: October 24, 2021, in the Greeley Tribune Second Reading: November 15, 2021 Publication: November 21, 2021, in the Greeley Tribune Final Reading: December 6, 2021 Publication: December 12, 2021, in the Greeley Tribune Effective: December 17, 2021 PAGE 14 2021-* ORD2021-16 /4/aty Sec. 23-1-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind, or other natural causes, or is in a state of general dilapidation, deterioration, or decay-ui-ng from v -a r -lack --of maintenance. Sec. 23-2-160. Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: 10. All existing and proposed STRUCTURES excluding SIGNS, and their dimensions; and approximate distances to the nearest property lines. Sec. 23-2-260. Application requirements. D. Special Review Permit Plan Map. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 2) All existing and proposed STRUCTURES excluding SIGNS, and their dimensions, - including FREEST NDI NG SIGN and approximate distances to the nearest property lines. Sec. 234-70. General provisions. A. SIGNS and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. PAGE 1 ORD2021-16 opt/ -c296i Lighting. SIGNS that are electronically adjustable for lighting shall comply with the provisions of this subsection. Other SIGNS shall be brought into compliance with this subsection when any maintenance is conducted on the lighting system, including, without limitation, replacing bulbs and fixtures. 1. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare. 2. The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is visible from any LOT line on which the SIGN is located is prohibited. 3. Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three -tenths (0.3) footcandles in excess of ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall not cast illumination at a level exceeding three -tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. 4. SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection. Illuminated SIGNS and their lighting shall not flash, blink, flicker, vary in intensity, or move. C. No SIGN shall be erected within or extend over RIGHT-OF-WAY except by the owner of the RIGHT-OF-WAY. The COUNTY may remove and dispose of any SIGN within COUNTY RIGHT-OF-WAY without notice. D If a LOT is located in more than one (1) zoning district, the more restrictive SIGN limits shall apply to the entire LOT. E. SIGNS other than FLAGS shall be stationary at all times. F. SIGNS shall comply with applicable state and federal regulations. G For the purposes of this Code, PORTABLE SIGNS shall be considered FREESTANDING SIGNS and shall be required to comply with all applicable regulations. H. The following are prohibited in all zoning districts in unincorporated Weld County: 1. Searchlights, flashing lights, mirrors, flames, smoke, or beacons used to attract attention to a business. 2. F a s h i cry- � - 3.2. SIGNS in a sight distance triangle, as described in Appendix 8-Q of this Code, or any SIGN that may be confused with a traffic control device and/or may present a danger due to its potential to interfere with, mislead, or confuse the steady and safe flow of traffic. PAGE 2 2021-* ORD2021-16 3. SIGNS within five (5) feet of a fire hydrant. :.4. SIGNS attached directly or indirectly to trees, rocks, or anything not located on the same LOT as the SIGN. 5. BANNER SIGNS affixed to CAR SEMI -TRAILERS, vehicles, or other movable objects. 6. A CARGO CONTAINER shall not be used in any manner to display a SIGN. 7. DERELICT SIGNS. 8. BUILDING SIGNS that extend vertically above the highest portion of the roof or parapet. 9. Any SIGN not in compliance with the provisions of this Division. Sec. 23-4-90. Regulations of the size and number of signs. A. Commercial (C) and Industrial (I) zones: 1. SIGNS on BUILDINGS in the C and I zones: a. SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet total on any given wall, with no limit on the number of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN b. Height. FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height. c. Area. 1. On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) square feet. PAGE 3 2021-* ORD2021-16 2. On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to one hundred eighty (180) square feet. 3. BANNER SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: 1. SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall, with no limit on the number of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) eighty (80) square feet. 3. BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: PAGE 4 2021-* ORD2021-16 a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. C. Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Agricultural (A): 1. FREESTANDING SIGNS and BANNER SIGNS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A: a. Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN. b. Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height. c. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than thirty-two (32) twenty -five -(2; -square feet. 2. No SIGNS other than those described in Subsection C.1, above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A, except in accordance with Subsections D and E below. Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. Existing and proposed STRUCTURES, excluding SIGNS, and their dimensions, including FLEE i �_�� !- -G-SIG and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS. PAGE 5 2021-* ORD2021-16 WELD COUNTY CODE ORDINANCE 2021-16 .7A1:69/1(2- 2t /0/13 /a/ IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER !J` tJ� if')0 c:''75) d v(‘a 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, Chapter 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 23 ZONING ARTICLE I — General Provisions Amend Sec. 23-1 -90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: Delete ANIMATED SIGN_: Any S--I--G-> age-- t &rye a s pi-a-fft or scene. BANNER SIGN: Any SIGN of lightweight fabric or similar mate1 :-a-p-e1,c._9E. BUILDING c) -y a permanent frame or rive or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts, or wire, or hung on walls with ties, clips, rails, rivets, hooks, or frames. dges. that is painted Delete BEACON,: Any light with one (1) or mrjre4eams d4FectS-4n40-the atmosphere c d--cted aor more points not -on the same ZONE LOT -as the light source; also --any PAGE 1 2021-* ORD2021-16 S�GNST Delete BILLBOARD_: of advertising space: Delete BUILDING MARKER.: Any SIGN indicating the name of a BUILDING, construction dare -an -d incidental information about its construction, or his.orica is cut into a m-asonry surface o -ade of bronze or c a a on his.o Delete BUILDING SIGN_: Any SIGN attached to any part of a BUI A N D I Delete CANOPY SIGN_: Any SI-GN N that service area. Delete CHANGEABLE COPY SIGN tit per minute shall be purposes of this Chapter. A SIGN f time or termpera4-ire shall be portion of a S GN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. er over a c I oor, en -lance w ILA nc r c si es, w o ow or outdoor 1 c 1 cters, letters cF Delete COMMERCIAL MESSAGE_: COMMERCIAL activity. ix (6) revolutions E COPY SIGN for an electronic or DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind, or other natural causes, or is in a state of general dilapidation, deterioration, or decay resulting from improper or lack of maintenance, vary -I-ice or .nfe-s at4on with -vermin or rodents vandalism, animal infestation, or lack of maintenance. [JF1] Delete DEVELOPMENT SIGN. , f— a DEVELOPMENT'S homeowners' association and located on property owned by the h-om-eo-wners' associat[ : Tie SIGN may contain +� na �e ��,r, bol or motion of PLANNED de the names of the businesses in the Add ELECTRONIC MESSAGE DISPLAY: A SIGN or a portion of a SIGN with a display surface composed of light -emitting diodes (LEDs) or similar light sources and capable of displaying varying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. FLAG: States and any of h-e-CoU jurisdiction. These FLAGS shall -be flovor _ i of the United State t -h -S -and- - having diplomatic re PAGE 2 2021-* O RD2021-16 conditi ha --considered a BANNER jest t- regi lion as such. Any SIGN made of fabric attached to a pole and having a width approximately equal to twice its height. FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed on, orand anchored in, the ground and that are independent from any BUILDING or other STRUCTURE. ' I I S or x'16= IIIll I Delete IDENTIFICATION SIGN.: A SIGN that —only -contains occu pa nt Delete INCIDENTAL SIGN.: A S! GN, generally informational, that has a purp to the U I III O E I_ on which it is only," "telephone" and other similar direc legible from a position c ocat me- of the "entrance," "loading IESSAGE rvhich the SIGN is located shall be considered an NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this DivisiPanChapter, but which was lawfully established prior to the time of its applicability. Delete OFF -SITE DIRECTIONAL. where, how d-i.s-t 9 /, g-ing, n g , gas ,-r�a-i-r s- ed on premises other than those upon ei--sed are loci ocuct primarily available fort e I I t. within one (1) mile -of a Delete PENNANTS An-y--l-ig-.-1:4weight last-ic, fabric or other material, whether -or not Message of any kind, suspended from a rope, wire or string, usually in se des-i e e -move in the winek PORTABLE SIGN: Any SIGN ape- entI or other permanent -�= or GN-greater than six (6) square feet that is designed to be transported, including, but not limited to, SIGNS designed to be transported by means of wheels; SIGNS -n* Ill ; o T-- tr-a na es ; u and merellas u from _le 2U y -operations of the business. Delete PROJECTING SIGN_. BUILDING or wa r--ici such a man the surface of su ed to or pain-te-d on vehicles parked and visible rily in the Delete REAL ESTATE PROMOTION SIGN_: A TEMPORARY SIGN, located on -premises s. that identifies SIRE SIGN standards as construction shall -r sold. Otficar s SIGN to the date of official recording o= the from the date of the -issuance of the first C PAGE 3 vertising SUBDIVISION r- dwe� s in the SUBDIVISION have been ION co-n-struction shall not be displayed prior 2021-* ORD2021-16 from the time seve been sold, whichev sad of occupancy or final inspection, whichever occurs first. Delete RESIDENTIAL SIGN.: Any SIGN located in a district zoned for residential USES that contains no COMMER' on the -premises where the SIGN i-s-loc all requirements of this Code. Delete ROOF SIGN.: Any SIGN er ted by he --v es with sb u-ch servic 'ion conforms with n -seventy-five enty-five (75) percent from horizontal shall SIGN: Any object, device, display, STRUCTURE or part thereof, situated outdoes -or indoors, organization, business, produ (includes any combinatiQ ti • representation (including resem or distinction) or any pa device w s -a recognizable meaning, identity iatsoever, which by reason -of its fo3 oard, plate or upon any d to attract alteration to the or is usec as a means o= icen:i-ica:ion, advertisement or announcement that includes (or is specifically designed to include) lettered, pictorial, or sculptured matter that is intended to convey information to people on a sidewalk, in a parking lot, on a PUBLIC STREET/ROAD or other RIGHT-OF-WAY, or on nearby property. Delete SIGN, FLUSH WALL. a BUILDING in such-a- G1/4943. inted on or e Nall and is wholly ed or :his type of SIGN only if the material is securely attached directly to the BUILDING fascia or to a rigid SIGN Delete SUSPENDED SIGN. plane s I axis s Delete TEMPORARY SIGN.: Construction SIGNS corn 9I: „ „ „ GNS s reject or when the property is sold or rented. Delete WALL SIGN,: Aer 1 a —horizontal WI -L.0 -NQ G SIGN. la residence is be removed upon -Nall, painted PAGE 4 9 2021-* ORD2021-16 Delete WINDOW SIGN_: about a placed inside a window -art - window. l or combination th corn Delete ZONE LOT.: A parce-l---e-r parcels of la -—in single ow multiple USES within the same STRUCTURE. ARTICLE II - Procedures and Permits Division 3 - Site Plan Review Amend Sec. 23-2-160. Application requirements for site plan review. a single ---USE or Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A. thru K. — No change. L. A plan d -e specifici °ed SIGN and SIGN S SIGN be shown on the Site Plan Review map permit for all proposed SIGNS.Reserved. M. thru V. — No change. ReJ 4. a4e scale, which shall include long with the method --of le position anc cistance othe o -n -h -e property shall or a- -receive a building W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: 1. thru 9. — No change. 10. All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. Delete 11. Theti, dimensions and design of any existing and proposed SIGNS on the i- a-r-ses- o --LOT-I+nes shall be indicated. Renumber subsequent items. Remainder of Section — No change. PAGE 5 2021-* ORD2021-16 Division 4 — Uses by Special Review mend Sec. 23-2-240. Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 1. thru 11. — No change. 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 and Appe- of this Chapter_, unless a waiver the- f -r -o -m is req u ed i n h e p�trc t ;--and Granted by the Boas -d o f Coin} MS shall not be Remainder of Section — No change. Amend Sec. 23-2-260. Application requirements. A. - No change. B. The following general information shall be submitted: 1. thru 14. — No change. Delete 15. A proposed -pia in Chapter 23, Renumber 16. and 17. as 15. and 16. C. — No change. D. Special Review Permit Plan Map. 1. thru 4. — No change. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. a. thru b. — No change. on of desiredi. -Nfollowing the standards set forth c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 1) — No change. PAGE 6 2021-* ORD2021-16 2) All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. 3) thru 12) — No change. Delete 13) The location of any SIGN... u- ng zoni-n-g Renumber 14) as 13). Remainder of Section — No change. ARTICLE IV — Supplementary District Regulations and Zoning Permits Division 2 - Signs Amend Sec. 23-4-60. Purposes, intent, and applicability. A. The purposes of this Divistoo nth to enco means of communication n unin-corooratec Weic Count corridors -n -d --the County's ability to attract -sources -of econo improve pedest ian and traffic safety; to minimize the possible adverse effect of SIGNS on near u -b -H -c and private pro n a bl e the fa ds consistent e nfor- s ,-forth in this Divis4 I ces from 1. Establish a system to allow a var 2. Allow ce respective this-D+vi-lion , but without —a --r, 3. Prohi procedu-res of this Division. t -are sma 9 bject to ti e -use se of S ! G -N -S as a nd incidental to the -p ri-n-c e 9-QJ S E owe requirements of 'or zong-ng approval. /1. Provide for the enforcement of the provisions of this Division. be erectepl, est unincorporated WeiCounty unless it is —in conformance with t exemptions and other requirements of this Division. ad in .--procedure✓s; A. The purpose of this Division is to provide standards to promote, preserve, and protect the health, safety, and general welfare in the unincorporated lands of the COUNTY. B. These regulations are intended to: 1. Encourage the effective use of SIGNS as a means of communication, 2. Protect the safety of pedestrians and motorists by avoiding excessive levels of distraction, PAGE 7 2021-* ORD2021-16 3. Maintain and enhance the appearance of the COUNTY by avoiding excessive levels of visual clutter, 4. Ensure SIGNS in unincorporated Weld County are well -constructed and maintained, 5. Safeguard property values and promote economic development, 6. Minimize the potential adverse effects of SIGNS on nearby public and private property, and 7. Recognize rights of free speech by regulating SIGNS in a fair, consistent, and content neutral manner. C. No SIGN shall be erected, placed, established, painted, created, enlarged, or maintained in unincorporated Weld County, except in conformance with this Code. D. SIGNS erected or maintained by the COUNTY or the Colorado Department of Transportation shall be exempt from the provisions of this Division. Amend Sec. 23-4-70. General provisions. in the various zoning districts according to the regulations contained in this Division a-nc i-n accorcance witi the recuirements set forth in Appendice 23-E. A. No SIGN shall d, cons ted, reconstructed, re ocatec, refaced or otherwi-se altered without first obtaining all required building —permits from the De I from the Department of PI B. No SIGN shall b such a m-ainner—e. 4 e-r`ere wit aifl� curs 1, 005 ru C he view o fri Bev ay in o u i de- of the &gnt tanoe be reviewed b,, C' c-mth-ich Gaul -el -potentially affe-et vehicle traffic shalt Public Works and the folorad-e Department of Statutes constructed or maintaine road or highway within the -COUNTY. E. All SIGNS erected in a -P B IC RIGHT_OF-W Y by a_ ern- ems directing traffic shall be exempt from the provtis-ions of this Division. . AUSI nts, includ PAGE 8 acted, or stall be of sound 2021-* ORD2021-16 structural u n l#a-fie kept in a state of good repair with a ci -s-h-al l be r t u rid to, and m-ain A. SIGNS and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. B. Lighting. SIGNS that are electronically adjustable for lighting shall comply with the provisions of this subsection. Other SIGNS shall be brought into compliance with this subsection when any maintenance is conducted on the lightinc system, including, without limitation, replacing bulbs and fixtures. 1. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare. 2. The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is visible from any LOT line on which the SIGN is located is prohibited. 3. Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three -tenths (0.3) footcandles in excess of ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall not cast illumination at a level exceeding three -tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. 4. SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection. C. No SIGN shall be erected within or extend over RIGHT-OF-WAY except by the owner of the RIGHT-OF-WAY. The COUNTY may remove and dispose of any SIGN within COUNTY RIGHT-OF-WAY without notice. D. If a LOT is located in more than one (1) zoning district, the more restrictive SIGN limits shall apply to the entire LOT. E. SIGNS other than FLAGS shall be stationary at all times. F. SIGNS shall comply with applicable state and federal regulations. G. For the purposes of this Code, PORTABLE SIGNS shall be considered FREESTANDING SIGNS and shall be required to comply with all applicable regulations. H. The following are prohibited in all zoning districts in unincorporated Weld County: 1. Searchlights, flashing lights, mirrors, flames, smoke, or beacons used to attract attention to a business. 2. Flashing SIGNS. PAGE 9 2021-* ORD2021-16 3. SIGNS in a sight distance triangle, as described in Appendix 8-Q of this Code, or any SIGN that may be confused with a traffic control device and/or may present a dancer due to its potential to interfere with, mislead, or confuse the steady and safe flow of traffic. 4. SIGNS within five (5) feet of a fire hydrant. 5. SIGNS attached directly or indirectly to trees, rocks, or anything not located on the same LOT as the SIGN. 6. BANNER SIGNS affixed to CARGO CONTAINERS, SEMI -TRAILERS, vehicles, or other movable objects. 7. DERELICT SIGNS. 8. BUILDING SIGNS that extend vertically above the highest portion of the roof or parapet. 9. Any SIGN not in compliance with the provisions of this Division. Delete Sec. 23-4-75. Definitions. Amend Sec. 23-4-80. A. Al! l e -s, characters or repro -s or su-perimposecd upon any SI structu- e - B. Any operable -or -removable pacts of -0 provided with safety chains or hinges. rds.Electronic message displays. C. n with, attached to y built or attached to the SIGN poning covert�o1 e-ssage, shall be s urely fastened or be uctures shall be designed -- terf be designed an4ic t-Iis Code. Al! SIGN win the des -requirements set forth in this -Code. k e ctrl cally illuminated SIG N S s h -al -I fl of 4 A. ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. B. ELECTRONIC MESSAGE DISPLAYS shall not be located within five hundred (500) feet of any LOT zoned Residential, Estate, or PLANNED UNIT DEVELOPMENT with Residential or Estate USES or any incorporated LOT with residential USES, unless the ELECTRONIC MESSAGE DISPLAY faces away from the residential LOT. PAGE 10 2021-* ORD2021-16 c to Gene. C. No more than fifty (50) percent of the area of a FREESTANDING SIGN may consist of an ELECTRONIC MESSAGE DISPLAY. D. No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the back of the SIGN shall be flush to the wall, rather than projecting, E. ELECTRONIC MESSAGE DISPLAYS shall be equipped with a malfunction display and the ability to automatically shut off if a malfunction occurs, shall have automatic dimmer software or ambient light monitors to control brightness for nighttime viewing, and shall comply with lighting provisions of this Division 2. The display of an ELECTRONIC MESSAGE DISPLAY, including its brightness, shall not change more frequently than every ten (10) seconds. ELECTRONIC MESSAGE DISPLAYS shall change only instantly or through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images. Existing ELECTRONIC MESSAGE DISPLAYS shall be brought into compliance with this subsection upon the effective date of the ordinance. Amend Sec. 23-4-90. size and number of signs. ■ ■ . . . a pprovalRequlations of the e a set of SIGN plans for all e- e4oF SIGNS in any DEVELOPMENT. Such plans shall be included as part of any Site Plan d Unit Development and Major or Mino-r e o f letteri g appeara of any ego, type of illumine any ^� shall berme out in such o, :-n The plans shall be such that SIGNS constructed or maintained under the-c4ans will comply w-i-th the SIGN -regulations of -the COUNTY and sh 1-oe for the purpose of assn i -recoj-e-c= shall -not be approved u by -the Board of County Comm la's which harmonize with the arch-itecture of the site on wl^o, -th —StGN H to, the main building J. 1 p--n-s have -been approved A. Commercial (C) and Industrial (I) zones: 1. SIGNS on BUILDINGS in the C and I zones: a. SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet total on any given wall, with no limit on the number of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the C and I zones: �. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) PAGE 11 2021-* ORD2021-16 FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height. c. Area. 41. On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) square feet. 142. On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to one hundred eighty (180) square feet. 3. BANNER SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: 1. SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall, with no limit on the number of such SIGNS. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. PAGE 12 2021-* ORD2021-16 b. Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to eighty (80) square feet. 3 r:ANNER SIGNS in the A zone outside of SUBDIVISIO \IS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached t0 walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. C. Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Agricultural (A): 1. FREESTANDING SIGHS and BANNER SIGNS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A: a. Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN. b. Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height. c. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than twenty-five (25) square feet. 2 No SIGNS other than those described in Subsection C.1, above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A, except in accordance with Subsections D and E below. D. SIGNS on LOTS without a PRINCIPAL BUILDING, regardless of zoning: 1. Notwithstanding any provision in this Division 2 to the contrary, each SIGN on a LOT without a PRINCIPAL BUILDING shall be limited to sixty-four (64) square feet and not more than eight (8) feet in height, plus the SIGNS allowed in Subsection E below. 2. LOTS without a PRINCIPAL BUILDING shall be limited to not more than one (1) FREESTANDING SIGN for each PUBLIC STREET /ROAD that the LOT abuts. 3. SIGNS located on a LOT without a PRINCIPAL BUILDING shall not be required to meet SETBACKS or OFFSETS as long as the entire SIGN and all its components are within the LOT. Any SIGN located within future right-of-way shall be required to be relocated outside PAGE 13 2021-* ORD2021-16 of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. 4. SIGNS erected on LOTS without a PRINCIPAL BUILDING shall not be considered nonconforming once a PRINCIPAL BUILDING is constructed or placed on the LOT, at which time SIGNS on the LOT shall be brought into compliance with the regulations of this Code. Other SIGNS: In addition to other allowed SIGNS, each LOT may have up to five (5) SIGNS of up to six (6) square feet each. F. Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones. For the purposes of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries, and federal, state, and local government agencies. Amend Sec. 23-4-100. Nonconforming signs. ten- E t Y Pal-owingAny legally established SIGN made nonconforming by adoption of, or amendment to, these regulations may continue to exist, so long as it remains otherwise lawful, subject to the following provisions: A. A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of these regulationsthis Code. The changice^ of the mova� ^� � ^f n --e ist-+ng Sly that -is designed for such -changes, r the repainting or reposting of display matter shall not be deemed a structural alteration. B. Tie4e--1 � c o -a G � e i ting-e rnri 0, r effec ve d -ate of the repeal and reenactment of this Division, although such SIGN does not conform to the provisions hereof, f- -i-x (6) months or more, suci S Gi. s is no. De usec unti It I as Dee i mace ;o conform with the provisions of this Division. If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged. Delete C. Any SIGN which ha V • to -an extent less than fifty percent (50%) of th s damaged m -ay oe resto VG USE prior to its damage. Amend Sec. 23-4-110. Computations of sign area and height ged acement cost -of the revi — y - A. Computations of area of WALL SIGNS and sink-le4ce--SIGNS. The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination PAGE 14 2021-* ORD2021-16 thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or structureSTRUCTURE against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such ence-oir waU --r&gutions and is clearly incidental to the display itself. The entire area of the STRUCTURE of a FREESTANDING SIGN shall be included in the calculation of SIGN area, except that portion of a SIGN below a height of seven (7) feet if said portion contains no signage other than the street address of the property. B. Computation of area of multi -faced SIGNS. Theme-IGN area for a -S -I of all SIGN fa etgt. When two (2) identic�--SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with an angle of less than forty-five (45) degrees between them, se-thateet-n a� faces are part of the sam 4 iy poi a - a ti , and when such SIGN t more than twenty-four (24) inches apart, the SIGN area shall be computed by the measurement of one (1) only the larger of the faces. For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart, each face will be included when measuring the area of the SIGN. For SIGNS attached to BUILDINGS, all SIGN faces shall be included. C. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Height limits for SIGNS shall not apply to flagpoles. Amend Sec. 23-4-120. Requirements for setback, offseUJF2 OF FSE LAGS -Safi - The -SETBACK for BILLBOARDS and -- and Indus-i STREET/ROAD RIGHT OF -WAY, whichever is FREES —ADDING S \S in tie Commercia 3 1 G and clearance. eight of the pole, whichever is great -e -r„ S in -the Cor m-srd, d curie s riots shall be fifteen (15) D T-an-eL S EAC Ir OFF SITE DIRECT-IONA1 I II Agricultural Zone District shall be twenty-five 2 -om the current or future STREET/ROAD RIGHT-OF-WAY, whichever is greater. The SETBAG District shall be three (-3)-feet, or e4 is -greater. F. be --twenty (20) feet. PAGE 15 tato and -Residential Zone Districts shall 2021-* ORD2021-16 cting ov _ 8421 -241 —be ri surface of the drive y. G. Signs projecting ovar the walkway st nin4 above the A. Setbacks for SIGNS not on BUILDINGS: Notwithstanding any other provision of this Code to the contrary, SIGNS ten (10) feet in height or less may be located anywhere on a LOT including on a LOT line abutting RIGHT-OF-WAY as long as the entire SIGN and all its components are within the LOT and as long as the SIGN complies with sight distance requirements, as described in Appendix 8-Q of this Code. SIGNS greater than ten (10) feet in height shall be set back from all RIGHTS -OF -WAY a distance equal to the height of the SIGN STRUCTURE. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. B. OFFSETS: Notwithstanding any other provision of this Code to the contrary, SIGNS larger than six (6) square feet shall have a required OFFSET distance equal to the height of the SIGN STRUCTURE. An exception allowing a reduced OFFSET may be granted by the Director of Planning Services upon the submittal of a waiver on a form provided by the Department of Planning Services signed by the owner(s) of the LOT nearest the SIGN. C. SIGNS protecting over a driveway shall have at least fourteen (14) feet clearance above the surface of the driveway. D. SIGNS projecting over a walkway shall have at least nine (9) feet clearance above the surface of the walkway. E. Flagpoles shall be set back from all property lines a distance equal to the height of the pole. Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District Amend Sec. 23-4-1205. Design standards. The applicant shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT: A. thru K. — No change. L. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 ,a r d Appen -i-Z -C, , and 23_E of this Chapter. Remainder of Section - No change. PAGE 16 2021-* ORD2021-16 Amend Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: A. thru B. — No change. C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. Existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS. 2. thru 4. — No change. Delete 5. E.--)-i-sti n -g -r Renumber subsequent items. Remainder of Section — No change. ARTICLE VII — Nonconforming Uses and Structures Amend Sec. 23-7-40. Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT COVERAGE, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. thru D. — No change. Add E. Refer to Section 23-4-100 for regulations on NONCONFORMING SIGNS. Repeal Appendices 23-C, 23-D, and 23-E. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. PAGE 17 2021-* ORD2021-16 BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2021-16 was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board Scott K. James, Pro-Tem BY: Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: County Attorney Date of signature: Publication: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: September 17, 2021 EXCUSED Mike Freeman Lori Saine October 18, 2021 October 24, 2021, in the Greeley Tribune November 15, 2021 November 21, 2021, in the Greeley Tribune December 6, 2021 December 12, 2021, in the Greeley Tribune December 17, 2021 PAGE 18 2021-* ORD2021-16 E d ad _ a :t l 7 r v � r ++y�_IG I H G� .: ��7 -�i .` p) , ,..'. ,f �...... n. '.. � ` 1 ,-, h .... ... �..') '"! a ... .ht .—ra ... �'"' .• R'2 ia..£ S .{K _ ]'_'3 _�."" .. £•' .Ya"'.I {p^•�, .•'^+� -.i��r" .�.`iY _ r1, x G•434pE, , . ¢ rl `uuJ N Y§' i ➢ w BANN-ER. SIGN no- o no no- no- no- no yes/ z yes/ 7- yes/ z- yes/ z yes/ z--- yes/ z- yes! yes/ z- B-1-L-LBOAR-D- (n of allowed in no- no r10- no- no- no no yes/ z yes/ z yes/ z--- yes/ z- yes/ z ye -s/ z- no - - yes/ z- P-U_D)- B'JILD-IN'G- SIGN- no-- no no no-- no no- no-- yes/ z- yes/ yes/ z--- ye -s/ a yes/ z- yes/ z-- ye -s/ z- yes/ z BUI-LDING yes-- yes yes--- yes- yes-- yes- - MARKER yes- yes - yes- yes yes yew- yes- yes yes CANOPY no no- no no- no- no- no- yes! z yes/ z yes/ z-- yes-! z- yes/ a- yes/ a- yes-/ a no SIGN- D-EVE-LOPIliE yes/ z- yes/ 7__ yes/ z- yes/ z- yes/ z yes/ z- yes! z- yes/ a- ye -s/ z- yes/ a- yes/ z- yes/ z- yes/ z-- yes/ z - NT -S I G N yes/ a- F -LAG- yes-- yes- yes-- yes- yes yes- yes- yes- yes _ yes- yes- yes yes- yes- yes FREESTA-I -DJ no no no- no- no n -o- yes/ z yes/ a- yes/ z- yes/ a N -G SIGN- yes yes/ z- yes/ z-- yes/ z- yes/ z- 1-D'ETIFI-CATI yes- yes- yes yes- yes-- yes - yes- yes - ON -SIGN--- yes yes yes- yes- yes- yes yes I-NGI'D-E-NTAL -es/ y a- yes/ y a- ye -s/ y a- y es! a- ye --s/ y a- yes/ y a- yes/ y a yes- -yes- �- -s -es--- yes- SIGN- yes yes-- yes-- t ye yes - OFF SITE yes/ z- no-- no no- no- no- no- yes/ z ye -s/ a yes! z yes/ a yes/ a- yes/ a - no DIRECTIONAL yes/ a SIGN (-not allowed lowed -- 3-n PliD)- POLITICAL . n.es yes- yes y o� s_- yes SIGN yes yes- yes- y�,.� yes yes y,.;�- yes yes- , ,� �.� ye yes yes- yes RE -AL ESTATE ses! z- yes! yes/ a- yes/ a- y -es/ a- - yes/ z- yes/ a yes/ z yes/ z- yes/ a- yes/ 7 yes/ — yes/ ye -s/ z-_ PROMOTION- yes/ z- SIG -N-- - RES-I--ENT-I- SIGN yes ye-- yes n-o no n -c no- no- n -a--- yes yes yes yes SUSPENDED no n �s n no no no no yes! z- yes/ z yes/ z yes/ 7- yes/ a yes/ z- yes/ z- yes/ z- SIGN TEMPORARY-- � /�-("� [� /� q -- yes- yes- yes-- yes -- SIGN - -es yes- yew-_ yew- yes yes yes-- yes-- yes- yes WINDOW n -o--- no -- no-- no- no no no- yes- no- no no-- no -- SIGN- - yes- yes-- yes- BEACONS, 1 sa d -TS, inflatable, Eethered ba9Ro0 s, P ORTia S- -N-o-- °mod strings of light bulbs used for cC ` , `� c�� purposes other than traditional holiday -decor -lions a -re -not a allowed in any zone district. l� Agricultural Zo-n Low -Dane -it -R-esidential-Zone R-2 Duplex Residential Zone District R-3 Medium -Dens District rlfgh-Density Residential Zone District Manufactured Home Residential Zone District Estate Zone District - C -1 e g iborhood Commercta Zone District General Commercial Zone -District PAGE 19 2021-* ORD2021-16 C-3 G-4 1-2 1-3 INS YES YES/Z Residential Zone Districts and Planned Unit Development (PUD) Zone District s -hall be evaluate - c oth wsc ad-- NO Such a SIGN is not allowed YES/A PAGE 20 2021-* ORD2021-16 END X 23-D UMBEL A \D D NESS ONS o Y ZONE DISu R!CT AND TYPE ND V DUA. S G S ' : .... • ..7......-...X� ...«.. _.... ..�.....r.. '�R�C '4.,..� i.�l 3 7 � �. .....:....... .:"' ... i•..;...- .. . M- ,,. � . i ! �i °_... fi. .? 1{� igy� � ��' 3 � ! y, I,jj .... ...n ��q.i ........ �y '"4 y y Y ,.. ... n, •s•� �.:.....3.._..:•.. '^ .: f 'P 5 s. % �p p ji #' ;1+� � !.�/ p � t � � �' 7 �.il' �` y .� / >' '2' 5" ' y ^n F ... J.Y. .. Y. 4 A . �,,., �.....� � a � t n'4� �%. I; 1..� � 'i �; ✓ .yy. :� r SY t.. ^ y1 ), % Y ��. F q . -i).—i..C � �!, l' a � ��.. ..�..i.A :.._y 'YI � ! ; E w � .xki l .` ". ``—MA ' p. �.T.�.._l.. p . �a '�....f c y..:. �. '-'- �`a awry. � awr✓i4..n. ik .. n '0. �� b.. �.«n i.....• �...d .. � �L �5. 0.� k ₹ 4`y'r6'�� 1� A M..a'�': `.,�.+� 1 ....... 5 BANNER SIGN— 1 -per z -O$ E -LOT /I0 sq. ft. Bit L BOAR -D -(-Rot 1 ZO OT. N X00 sq-.-ft,--- 40 ft. BILLBOARD per shall -e- be allowed in PUD) located less than 500 ft. from any BILLBOARD -ether - or OFF SITE DIRECTIONAL S -I -G -N-. BUILDING SIGN No limit On a wall, the No higher than she ,`rip given sum of all BUILDING- of the BUILDING SIGNS which require a zoning shall not permit exceed 8% of that wall's sq. ft. BUILDING MARKER 1 oar BUILDING d sq. ft. OA.-N-O-PY SIGN r B L D-4 N G face- 10% of the -vertical -1 -U surface of the canopy or 25 sq. ft., whichever is smaller DEVELOPMENT SIGN 1 PLAN-NED UNIT C & I - 150 sq. ft. all C & I - 25 ft. all others - DEVELOPMENT, per other zones 32 sq. ft. 8 ft. Minor Major Subdivision -or - FLAG -1 ZONE LO-T- A, R, & E - 15 sq ft. A, R, & E - 15 ti ft. total . per C, I&INS -30 ft. C, I & INS - 60 sq. ft. total FREESTANDING SIGN- A, I -NS=F -per ZO lam- A - 16 sq. ft. C & I - 25 ft. LOT. C&I-1 C & I - 150 sq. ft. A-6ft. ZONE LOT, 1 per each- INS -- 32 sq. ft. INS - 15 ft. 500 ft. of road per frontage road --frontage, .._ whichever is greater.* IDENTIFICATION 1 -per tenant located 2 sq. ft. /I -ft w-i-fh-i-n-the BUILDING-.. SIGN- INCIDENTAL SIGN-- N/A N/A N/A OFF -SITE C, 14 A -1 ZONE O & I 300 sq. ft. C & I - 40 ft. LOT i per ITE A - 150 sq. ft. DIRECTION -AL SIGN A - 30 ft. DIRECTIONAL -.-1 SIGN- (not allowed in PUD shall be located less - z.on- -- than 500 ft. from any other BILLBOARD or PAGE 21 2021-* ORD2021-16 POLITICAL SIGN REAL ESTATE PROMOTION SIGN (On -Premises) OFF -SITE DIRECTIONAL SIGN. No limits 1 per public access REAL E S TAT E PROMOTION SIGN (Off -Premises) 2 single- or double faced; must have min. 300 ft. spacing RESIDENTIAL SIGN 1 per ZONE LOT TEMPORARY SIGN WALL SIGN 1 per ZONE LOT N/A WINDOW SIGN N/A No limits 218 sq. ft. each 48 sq. ft. each C, I&INS-8sq.ft. No limits 12 ft. 8 ft. Eft. A, R,&E-6ft. C,I&INS -8ft. N/A 25% of total window area A- Agricultural Zone District R-1 Low Density Residential Zone District R-2 Duplex Residential Zone District R 3 Medium -Density Residential Zone District R-4 ugh=D- n s den-tial Zone District y- R 5 Manufactured Home Residential Zone District s Estate Zone District C---1— Neighborhood Commercial Zone District 0-2 General Commercial Zone District C-3 Business Commercial Zone District C -A Highway Commercial Zone District LI - Light Incustria Zone District M-e-€1:1-61-rn-l-Rel-61-str-ial--ZeSt-Vecilmncts±aZoieD•st 1-4-- L Heavy Industrial Zone District L 3 Institutional - CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in Ag-rEcultu-ra-1 and Residential Zone Dist evaluated by the underlying USE(S) unless otherwise stated. different road frontage, they may not be grouped. PAGE 22 r on the 2021-* ORD2021-16 psRMrr-T-so-aQwcbua TR-CT EPA mod .,. r. �:.. .... r ��. � ..._. n pp: .. �!✓ bN.,waHavYN ✓ . b. .....L rr ,:/. .. .�, f,.,.r ... /..:.:. ':ny �$!.. ;`.' .. % r ..... .. ..'x Yn'�W.f� .'-f y'a ,, ..,.. e: bn .iNNv ...: .. •'•> ,.. {y .{9./ 'au: �if5 r ,,.�. ': yv .. ,.�.�..; iia wn 1 snm� {.. L. ::Yi l ,S .:... z nc S > '... :�' q..,y✓'. .3 a M/4_ r'dn i>. '9nS':.. }� a tc�Fefi*v4 `g .'(ry�yf(. •'9i. i [,�:. ',J! / / � .3'" , ZS �.s S:'-• S•) r [./> �t/ .• . / i :j•. •',ji � ay � /, , ': -.: �•.. ::.2!//t . ✓ .. :...,., /.�•<be •/., �f/'� .. a...... ... _ . ,��/jj�,,, 65 N S» v , ,> i1 l hn, ,. .. „ - .. a .: . .a ,i. � _. :.. ' ,. . _,�'v.. ANIMATED no no no no g— no no no - - no no-- no no- no no -Pre CH -y NGEAB E no___ no no n o o no- s- yes- ye -s- y ye s- e-yes- .o-- -COPYSIGN- W-lurmnation �- � ,_ ', - f - - - no.._. � ._33,- S- ° E s- 9 � ' ' e ri- , '- -.O,___ . - ye ' -torn-� a �-?1p A ' q�g� n I a � i ,f _'Sei i�-{°.. F,�..f +� 3 • _?cr _. •a.- c yes- .71, ,� 11 � ` yes- / �.y,._+p�err�,.�.... 5N `S.v �a- ...iii"' bas � ��-%k`- ,) "tis 4�' .! ,y yes- - A,n q e. °.an vas- .d ,r �..F _ ,,, s �J S.r s, ._ %� 3t z rs— , sJ W .: s� -ye ss- tw[— rt a1S+��4 h: O.d , Jr e.` a . J hd 9 ;. y� '�.i 4,0' S i/ id '•..s> ✓ r�s t fp tr2 a a hr E-x�_u- •• j °.'3,�,,,,i . nn �_ I ¢ 'Z... Pre- : -`_ S»_.. no-- no- gN_�s�. - P"r -_ go_ _�.. '^_-.. 7n�'.. no— n ��s- ''-. ! S . 7 .;.r n ] a,6• j 1 9 "�' a S '��a 9 ,'M - rtr 9 `• s"` -RH 4 6Jd N 1 f :`MF G. H�e �• se •- or -Neon * -r-- one is'L GE-- 9 .--c% ---Le E 7 R 1 hov e r=f as4 n . ne ri ct - --it ,1 R-2 x 4e i a n D Y s^ IS.e'�.�.k H �/ s. �. -1-Z �2 �a" • 3 M ens-ft I ciot- Iml -esIdentI -a -D 8 .tl H i - D si-ta Res-identical-7one g a 3 - Ham+ 6 fi 'c,�.,,4- i M1�r° 2 u S u red -,rem -eye -Re -sit en� o n s4ri : 'Jt H H 4dt !lam H• �.>�+t a } s e _ -� tr4et taler� cY L er n t N ?4 S D C IIN saW ` - { , i { i Y S•!4 `Lf - Ye>° 7 General C ' rn-e-;--c e- .---_ H l s4ric _ .2 2 Busi-n--ess-C-orn-neherci-ak_onre-'4st t t !fi s n1G qqq �-�q7.�-i..�•�-•y`y' y�Q�7-7p(-gI/�R4-'y�sW�-�7/'-ljp •i �.�.d��4y�. 1 s � t Y/ 'e -T Fd° e � �A Y 1 0 1 Y gad' A Sd Fs�bs3t — .1 - 1 - L d t Zod c syet- X11 ` -r 1 9 0.r 1 14?- ; d- strial District -, -d-n- -Zone Ja2t_ in Zone District-- u -stria! i ta-v k MS -1- a l- -Qa E �M{D 1 E ir 'f (.��,��,.J� _ i Y 0 Y 4W `R9' t 0 Ev> `4W C�n R9 `ce'/ "CaY Y 't fd'L �9d P " and P14- - , RAF AT , kg NA, I LlTVE-S _i..n r ciatitild 'iiMfaR-K ARE c' d c n - _ :fl' 4 e- pis nn ts--an P -1-a- ns - u4 -Q d_ - - D -- "i•en -I- e ti -_. Zone s n ae-_ r o 4 7 +: l e `. cva �✓t��L- e _. i i'„ay , d j —0 i 4.dii 1 ., gra✓ *ate er't;- ar-wi e- mate. Y ,:,.._-fir+ u c h S G -1 ..- ins•-aH V tl yep - -S- NO- S Q4SJ.._..1 iee a } d ..e-'aJlu-th- d G `m - - - -- RA d ` I G- - -be-- -d-d- n -at PAGE 23 2021-* 0802021-16 Cheryl Hoffman To: Subject: Jim Flesher; Kristine Ranslem RE: Sign code revisions fb 0 47 Jim, Just let me know when you're done with all your edits and I'll make the necessary changes for our BOCC document. Thanks. Cher Le ptian Deputy Clerk to the Board 1150 0 Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Jim Flesher <jflesher@weldgov.com> Sent: Thursday, September 23, 2021 11:00 AM To: Kristine Ranslem <kranslem@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com> Subject: RE: Sign code revisions Kris, thanks for having me look at this. I realized there was another change I was supposed to make in 23-4-90. Please see below and attached. Everything else is good. B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOVV SITES; 1. SIGNS on BUILDINGS G in the A zone outside of SUBDIVISIONS and HISTORIC ToWNSlT S: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wail to which it is attached (measured asa two- imens on projection), up to a maximum of seventy-five (75) square feet total on any given wall, with no limit onthe number of such SIGNS.. Thanks again, Jim From: Kristine Ranslem <kranslem@weldgov.com> Sent: Wednesday, September 22, 2021 1:41 PM To: Jim Flesher <ilesher@weldgov.com> Subject: RE: Sign code revisions Jim, Thanks for the update. I have corrected the Resolution. If you wouldn't mind checking those specific items again in the reso to make sure I have everything I would appreciate it. Thank you! From: Jim Flesher <*flesher@weldgov.com> Sent: Wednesday, September 22, 2021 9:06 AM To: Kristine Ranslem <kranslem@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: FW: Sign code revisions Kris and Cheryl: The attached has some revisions in track -changes for you to use in updating your documents. I really hope nothing else comes up in the next day or so, but it's possible. Kris, next week I'll probably want to update the version on the web with the revised one. Thanks, Jim From: Jim Flesher Sent: Wednesday, September 22, 2021 9:02 AM To: Angela Snyder <asnyder@weldgov.com>; Chris Gathman <cgathman@weldgov.com>; Diana Aungst <daungst@weldgov.com>; Kim Ogle <kogle@weldgov.com>; Maxwell Nader <mnader@weldgov.com>; Michael Hall <mhall@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com> Subject: Sign code revisions The only substantial change on the attached is to allow portable signs. Tom and I met with Bob on Friday and it was decided this was the will of the BOCC at the ws. Portable signs would be considered freestanding signs and have to comply with those regs. We didn't change the prohibition on banners on semi -trailers, etc. If you have concerns, please speak up now. Jim 2 Cheryl Hoffman From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Jim Flesher Wednesday, September 22, 2021 9:06 AM Kristine Ranslem; Cheryl Hoffman FW: Sign code revisions ResOrdinance 2021-16 (Sign Code) Jim's changes 9-21.docx Follow up Flagged Kris and Cheryl: The attached has some revisions in track -changes for you to use in updating your documents. I really hope nothing else comes up in the next day or so, but it's possible. Kris, next week I'll probably want to update the version on the web with the revised one. Thanks, Jim From: Jim Flesher Sent: Wednesday, September 22, 2021 9:02 AM TAngela Snyder <asnyder@weldgov.com>; Chris Gathman <cgathman@weldgov.com>; Diana Aungst <daungst@weldgov.com>; Kim Ogle <kogle@weldgov.com>; Maxwell Nader <mnader@weldgov.com>; Michael Hall <mhall@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com> Subject: Sign code revisions The only substantial change on the attached is to allow portable signs. Tom and I met with Bob on Friday and it was decided this was the will of the BOCC at the ws. Portable signs would be considered freestanding signs and have to comply with those regs. We didn't change the prohibition on banners on semi -trailers, etc. If you have concerns, please speak up now. Jim 1 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by , that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: ORDINANCE 2021-16 PRESENTED BY: TOM PARKO/JIM FLESHER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING (SIGN CODE) OF THE WELD COUNTY CODE. be recommended favorably to the Board of County Commissioners. Motion seconded by . VOTE: For Passage Against Passage Absent The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 5, 2021. Dated the 5th of October, 2021 Kristine Ranslem Secretary Sec. 23-1-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: r r , t o r�1 e s s� N I n ° c a- P, r A nr� --o�� et r Mme, 2 S I G� ��" — d�+ e� - r � I �JI � � p �'�f" '/� iP� c`a p � r/`� � r�`�j �- � ,� .'�I~'",� r ,'l <<� �S � A ,�, rte! Or � ."L;i1�� '� ,�, �P i�' .� �P .� �1 }I',� � u a� piI' 'li�`a u�'"ir-t"JAS c s s Rio lr- it -lit ir'c v s u aal , F +�rtr `R o d �. t J re -r t4 �--e eat'"e a A,• BANNER SIGN: Any SIGN f-!i- i- g4or P e— on-i = F !-Pchr- r.- --y --r-rnaJe dymotupdg-trce k �L-1=-D- G ' pptR- rr-y et t- ( ).- r m re dges that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts, or wire, or hung on walls with ties, clips, rails, rivets, hooks, or frames. �.d1d p°i^h n,� 1 P� art' (milnr�- K,�,s ;�'n d p�F�a,�''�, q p "�'�' U V u �-N a u lr rr' rn c'bo J� ups d S , i 1; xJ a J u` �r�L e 1-f a i� !-6 - 9s ��l nes 'IT- P-19- °I-1ai- t (_S-U-V'C� s •tea u�- h s�—C - _ 0 -NE Ili as -1 1 h4 11-04- ti U-Frae , rti A6 ith one E )' -F'M-0re-beerriq s t ✓ t ce-ta or ra of. &QL- gg/A-R-D: -, �. a s r'° u I Je -t c r ate J-�{ moo��V • o• rs e sal - n IC, Jr e f dver#Sn-9 ti . L - a J PK- . A ow-Sfral\ -ierat-i- 0 -ham a-ras-e t o-.�� I - to e ;- . G'.y' cpu 4 tr fl p �'°� e -R 1U_ ri-s e-ri 1 C91 a s4o rC�gJ{ ' FOP1--�, A�•i51 C �(_�1 n t o C m e1 r u u la -� is �T�'� Tf N d-! u a bsJ d �; �vJ a u a , �" J e u u-{ '� 1� Cr-1 J�J�� fs- W e -C g ' I, e -r-' `e ->I -rJ-` , Ma t e m- 848 r —k 7GY V 9 c aAi y J 'v'J lV ltlC.a/J U I an aa6 r" sp a ��4fac .',-iLd-e � - I - i O N -I-G-N , S I 1 a IFt NI S � „ s° °d a e OF ted to aor L �= I -u � �� y� N-°'�-R- t smolt Sj ,' a r a� e, p Eg I B- u w��°�� , l��r,":-iti'o�f'�Il�o"��r �.' ��, •�i �rvl�lf'J'� �' �a-4�� '�1 ou ° G 'rr 6 a te•4 saner ove'P a-derH, rni n` i-d- e r us91 `e r-vJcee t -rea. -sg 3 u� d J u • \ u� �Y J- � a . e `C,'4 u v—'l�'e� ee chernefee au i P r �, i Q 9 a"� i a - �1 i' ,ri ' ��u -�E4 1- 'v i4h- p a s u s ,p t � 0 1 e 0 ° -te-ri If�S �'r---'69 e c`�° i''t e� e•� irk,. 1 I\ Il / - e ��`t r � G p c r r''� I .' 'Q' 1�U X717 u�, u ��s1J�u +tea L c7 ' L --r ��' �s J"'J� S p �-v^7/-'n �� .fL�a"-� L ��'�"l�� ,y� 1'�'�c S �� -\f '1 Si% .� -Gh �� s_moce ';�U _ pcs- @J- A Gll1 l� n ate+`' ur J -Ra e, a litgtr uf( ��' ie- l eel —an 7 N- lllfd l UI E D S �pI �(�'r\. �l..r Y� t (��° d A -N -G _ �j& [ i (�� ' Y S` -G-N ike e - •"�h.,i s4C he . A r1 "-�-- -' Pry ii PJ-„--c-- p- �ll� SAGA -8M ��. n�� .i-' vim. v .� _ C u i-, s� u d �:• � �a v a �.>a r� u � La' J u �✓ t -II J" Sr -1 e that: c- - nage ceR-8-c a Ur m ,& -g4ea-i ai- a s i on-eggime or t are s gotc oJ : ! °° poc --cf a S -GN-and---�-� - A-►a-� r C O P Y -X 4�^ i r pot, o; - In r -- S II G -I a n '> n e;whe ia- a aa' , ' r r R 1N t S'ltrt� S"J -tent I o n 1S a fa -us -kg -es -0, r turf f� rI v 0 t .IIT_Gn I II I 6rJ i'a,.• , Sesame u' —V ._a � i r �` DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from vandalism, animal infestation, m e or lack of maintenance pet. or [ack ,-! >n-ten'a er - 9- ' -or'cc-station w4 rnmi-n- O 0 DG3 R aa. IF ft Imo- Ti _ J��, i I- I c SU3_f f a' {� •r i' ' �, a ) E V/ r ° fi�, it F I v--�--� -n - ' J o �` ' as ° r� � >� f av d tl v � � • J��t `� �-. Y �. u t.� + u u t"'��i�'�f� S�'J 't—J-'a'a� �S- � 'L� V� u -'L �o`l� u � asass�M5' ; r1y o-��y.Jn��1r dr , - /�R� �p-r to r z wp rte, d _ lln1 �' !30 r A- .V nets' .� " e '� C e S4 �a pp e p t -5{�Ir-h.r so � �1 C54 lti ! �'Y U l�sl A � ~U @-� _B p -L �9 �J C-��" U U j�`m' J '� I.`d �(�t ��it V v U �,U^� adJ 1�9 tl M 3 9 �d'-� �'� B U �. tl �' �J Qd �-S�Lri� ,' �J AIt�Ut . III' Ir't�• �J t �0>`�a�J-I(-lt •� J U lS II I7 ��,�{�q a'+ r t,�, Q , o-, { „ rr u "' III IJ L— y��'1.,.IN N ip t ✓✓✓-N '' M -E- I o r .fI;�II�.R 1��/!n f erl- d,� �, III-�,' ...aad" LAN-f�`� I,� U U 'i�d , y -m i� U J � -� -II L='J 11 U�I -il �-�J-�- Q & '& z, ' U Ili-lrJ� UU V Il `� ��f a� �` j, "U�- u J . 11-1 V LIa n _ Q� I I �° g w.q n " P� I I i _�j� n f� fry a , .�1.y 'ar`� r anti-2_� L - Fr �r-� -PL f o-enn-ar s ' �r-i2 e �l•�,��'-�J'�_V'1'-'��f/� u U u �-�_7r �i JIT�� i 'C-7✓J��J'c<,u �,.° u biro �� pV%! a u ../J a-ti� ��1.�, ' . e '1-'� �"�" � t `��o � � lt-`L,• d � �'-1 � J-' J e II -s J~ � � �'' ' v -'J ELECTRONIC MESSAGE DISPLAY: A SIGN or a portion of a SIGN with a display surface composed of light -emitting diodes (LEDs) or similar light sources and capable of displaying varying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. FLAG: Any- , _ benn-Pre-J b -A R cc n- a-i pr n cat a, s, _ h _ R = I I -c - e e d States, _ ptc e c:,-) ie, t'�-8 utrf-�' t o u jn raMcc( h p _ p '-e t -m PP -G -P'a'y- _ Fa: � U" u �' `` h -e (' I -L- ��-G a" ''rptcad- I -it`+d� j11 u e- ,-0 d a�u % i rlft ! ' i q 0 , 91- f e t --comp te4 Htitc c��-Ve J n o llr c°a ," e=1�113`P D F Pict �+" � ,O •J_I � � 7� ,� f'� 5 I � � the fl �f'��`j/'�l � ��1.,� /'5�.� I, • t' �1 � i +� P' 11-2,~i“-- --fl-o � I�R 2CCO 4a-nGe ' t a e:o ((fie- t �-� JS T C -n-9 €: saw Jn-its-o � r r e St ��rr �{� pp� � . C�� t�J r �� u i P u t % p i J- u s� �n �h e s -e— r p t�. i! �j Ly { !��'�% J -u ,� u �'� 4.. �� A„ �f � �--'�s'��-5 J'�'�"1r _lr h`� �°`.��S'l�Q� iil -�y�ir �` arQ- edn S li—i ce- ASet- r s � J ti-o-VR-a uc h7 Any SIGN made of fabric attached to a pole and having a width approximately equal to twice its height. FREESTANDING S/GAi[JF1]: Any SIGN supported by STRUCTURES or supports that are placed on, wand anchored in, the ground and that are independent from any BUILDING or other STRUCTURE. Does { 4-{ R G4JQ - il-L a Ga -A - - "`r -ac F- -�--�� E D ' d E Q L SA -G4 -4S- I rI FI C4 - ,T QN---S-!'SN. o P4-aips 'pre �d-tang -. he -G mod- - I -N . N TA4 Ma -G-. Jl Giene too , th at' e -- -ricuc con d -a -te-,e USE h.°s "oh c c, °°nac,.)--rrrdirlari-I , °° ; -hone°° I hec a-cr-drii Lives- a o 9 T A= -iii- A --SE- ei s sn posit -jail off tO nin T on • NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this Div -is -ion Chapter, but which was lawfully established prior to the time of its applicability. OFE?- C rr c9-O� —S� N S j° 4� r '! 4� - h o- , 4 � � a� s -�JJ� � �� -�-� t �� smt. &e Roc--e-sfa y- G--fe 3 a ' e -t- ted , and g in �g,-,u-i-44ane a€4a— 1 -,re; b- , nn- -a a9-- e � F h{ A ee S O --u Lr-1 u owl V� rGS` -�1 � '? c k �i� e `lei . Such r NS -shall -relate e"r o n P- to a —se- `f 8 e o F � �e--o . � 4s' r -B II II F.JrL4i !-a\ 4or the highway U vr' ! e (vFV as R E S TMllR�, a eg- g ejess e p 2rll Fs -o -n etv-aari -im�)--a arilaC -e—w -h i n one (1)--m ---a--h-i -g-way—e n- m-mc- k- th -h- h ic- --t n gh ,y -pass€-&- an- 4i- - Us -@an- �,Pf nR FG - �� d %, (a" 'f t- r� s, ds4 -mad to rprove in -the ww k PORTABLE SIGN: Any SIGN greater than six (6) square feet that is-ne4-raecm an11y-a# e -fry g -u r-th- rtpacm ann Pt STRCTU-R-7 or a SP designed to be transported, including but not limited to SIGNS designed to be transported by means of wheels; SIGNS conver4?- A, c a te;- nu x - r e rCe =G S; S f ell -as-- -o �-,w--- r v e rti t a c , er a -tedanales-packed les p cC 9 an y ci C .: �� e-^-n.:,� C s L pp' ►-� ass s€�a-d veh-ic le i �s--t sad � U �' " II `" � n' � 1 r r r �'t a� 4 �P a r '"+ f �„� `'P 11" � r /=1 re g Li 3 --�-y a � o _ �i am -the, 2-1 �o� —o a� o r business. -P- JE C TING ad _ sr d— pen -G '-c _ to, o —a-t--a-in— s ,�r-�"`-h- 1 q€ at4t s lea ,-h-n4g--mod' e r�, i --pn -rem--- T -an-s4 � , - , h�s--b o n d t h a '� u (�� c o � � �+ l�,c � r -1 ��u . Lw 4 � t b � �, 4..�, y,d � � r'� _ � � r� e � - u a a 4 �i mo e .r4 u t � � � � V a. y 1 4,� a � �'-it--rte 4.,� � � E:✓'-� c`-EaPaide- - -at t -e-o-f-B- 1, Q N rN- RE A x - 40 P � I . -TEMP r Y S-illa-N at -n Fee Ise s--o-r-off-CF - .u. r � FP r� a� �� , � � rr-o ' 1P {�' ° � U' - �� ° � � Co n� r ue i o -c - e -r —to b e c' o -t €4�-c ct- d� ,--i-4:� a-t,y- _.. NG o -wa--1 l Eiji- oh- r l r� u i °-J�� r J� 1 (� ��' �. I I� ��_I� 0 �R�Q�a r r °"[a��9 r� ��1� �, rr�g�� J 'tl u� 1 �'-! 1! IL 9 II a4 c a -n 's.s'-E� U 'ms II V W 4I • - `k.s '0..i! T E! �Y ARY-S N A d d s a t 4=J'' 1 t Lv �✓1- 6 A Jas' -L U `ids l ✓'r. 3 r- D� Q, r _ sm p' s r -G- 1, : r -ac 'ct' `� n -WW W, SION corn r ro �° h - flb e d4d after 11 -1 -QT S- �'��I(-��-ate,: X6-4 B emi �„r � A-1. � �i�`v��-'i u a� �' v � u t • �a u l�"�d-u ��,-. � u u u � ��.s 4�^ , u a� '�.� K.�!-7� �,. d- el-Fp i n the SUBI-� Vl _ SJ -NL—h a - een sett -pcewJ - s fl � ��j S a QQ� S ULBaVUT ?zN- R`L � i 1�- A'�' l� 4`°' � c � 1 d. L"'1 '� 1.A � -° r� {.+. � rP � � �'� Q. ' . rr,�.� f"° r"i�n . � .^o �� I� � � � W. �1ON-ca-Rd-shat-be e n s- :4 :�� -i h � C �-d .�--d4��- o --� ��- 0 l --re c -d --of th e S J - - -�-� ce-m-o- d- thi-n-tg--(-2-\ g ate-- -Mh e � � � � Cam- - o tlP ' °u° i n g pe d n-it4n---gy p ro � 1 ; lS i Y �14� - �_� �� s--� a 4 tl 6 II e— time- ' . 4 - n r r� i -.(= -p .r c {"�. r t eq � 0 _ II S dw _ l --r 0 0 r S- I� ' � tl t �Y% "cam j� �.,� � �' � n � � -Q' � '� C m,,. II�.,+,,'��^^^sss�ra� .. _ ! �-i�.�, � �`i+ `��' i7 ��"v�"1`-`� � b u c�`� 1r��9 � o u a t>:A' 'Qd II � � hlPN-h-1 6 e e S !me - 41' 'C�.' Y ! II R��-�� `�e least . T`�N II V S' ad v ° ' jat`�i _ co Rep S r 6 G rn i 6 Ic- - Y ' `M l is -played -during ii e-pei 4o d of co-c� r- c � h an -d -s 9h-aH--be removed u 9 - f -a cet 3 e 3 oe u',�Q�+-�� y 6rA , occ64r�-f--i- -9 ca e 4n-aH a c -z Cd r re- s-- -e n t lai U SE S- -Gen a-i-LR s --n c, MME SS A E.exc p dk rt-i-i-n-g-=-o-r--g- Gds -o AGes g -i- -o fie reokon-the-{ - 1se i r -e The S-l-g-N-PJ-s-Ie car t'`e d. 'd -e rile- s osern Ge" a4 S U E -cO Rt r 'lT'-Wit - 'quwa &R%s 5 a t o -e 'rp-ol-c-o-p1stm '-tad wholly o n -a1 n-d-ove r 1= e--rooe - of up GeF d --bb he ro T R U C T II ` `E , r- JJ Q� l d- V� '-fie r . t u u �! 4e Foove th a9 ' ai-e-n}-oUh-e-Foof . _ than- e- p -e --,n $hie (��— rce u o o �� l- s �-C -- G c c� ��-- o s aG -s-� SIGN: Any object, device, display, STRUCTURE or part thereof aad i �, r .h . � ,� .. �q . €�' �, � 16 fit, �� 5 ��g (� �'1 �" (� �' � ll" � U"i f 9 � f1? 'il' � A ( �� /�, � F' � �f 4. g �_Ir�'.�1� O r'c.7 �1 i ° z�' . ,� (�? '� -e , � se , i den ti �lr��r � � u , ct ' 0 at'� at4 o a l e, "�—��d7f �-.-n€ -fit 61-` , �fi o-l�"lf , b -J s i ra€ , p -rod -u ct, s r ee , eat -t y' lo -cat 01R {b y Mean,- - - >! is any -i- , a -n- lu G-i ill a n e Rte-t-i-on—o a-letite w o rd e -r n u mlei= tocial-m-p re ss-t ti -e -n -(4n -°r ho qi o q s -t e n , fitu-res-i-ecime SIG Colors, sym-So-r reel at ' 6rTh+ gct, fairn -i i�� s rase-c�nl _ i - C -6-,,� enr-aaria =e n-tht ' n-kfe p` 8- -`--G9-n- Z' -fm -i-n den thy, o -r- tr �-�`-i- 6 n) o any n -the r o'f , o ti is wcia pF��' 9 rrt ,p'r1 `6d'pe'4 Y 8 v 0 4� u d tl @ fle , . II fl nil 'eeLd e sd g -n d i Y So , o a n • t0 u cte c o- o4he4`-C.J 1r(s ei- [a ti�`�.� ed on o S^ "s s a JltDING, bead laca att M n to L.Fy��LJ��, �P 11 f,S5.�.�L�.�,�y4 r^l r @, [y.S�U�' Y frP �/�,yR ¢�'�}�S"�1a %1 rte, q..l✓�I'�/J�}..�� .�,+�o.�a�, k� q 4 `ll !p�(t�.-per , Y�,�.y9�fP .^. /�ry��.�,h-�,.}.�Iyrf`�• for-MT y�y y� 'L Y 'b� �-.3j w- �*' `� � ,rn„./ mY Y �1 � : [As`" [��.-5b" U 4�1 �Sv ee V 0 U SdJ'=�� 1 to �J , 0 M" J—[iA' V/ �ll II `> d—I�-l. Ed' mod' Y _ � , • .f Pa _ w 9 � � h- C L s s . twg-aa e ed off f E' a A11 -e _. �� - a n fc rr�' 1 `Y -rden-t-if iG;'�. k-nTh N ,.h0 sag t�• � �' ef'u U �: � s v� �'If-"�. u, �`�� , or [ �"'_' �'� ��r: e d�I'�• C�J d u •��'_1-1i w� —1 � c�a a, �� 7 . 1-send, a mac-n-eH Ge-- that includes (or is specifically designed to include) lettered, pictorial, or sculptured matter that is intended to convey information to people on a sidewalk, in a parking lot, on a PUBLIC STREET/ROAD or other RIGHT-OF-WAY, or on nearby property. VT -FLUSH 1p�/l��'�d1�,'rq I! r � (��Jf�� .-..�'L�f' � ,t`� �li �5 er'il °�'r�+, 6� �� p r� Ld��p]-r��,�C/� r�l fP •�'1 I��.�' t-=--��1'� f1��1,��"�'1' "Sl tom, A�� II IL�/�' `v�I�JII�-�J �JpL1�L1pf�.I � , (� P r� U V �' u i� L rd ra N� a r, a€'�gi d'a�' , po=i iii -o d G e d o o c S a ` n c:. \.,`l>� r i� 'a u �sl � ." u i-3'� 5r ! li � � � �' rP °`l � e'`� � r " � ,� � ' �� `r' , � a.. 9 �l � . P i � � r J, � "l+'r`� ,' � b v i' �i Q�. a —ma -h-t -�S--G �- . . r ,S-" -h-4 p e b.�p i-Re--e-� h ,> , s' --a �- het o wppe4� J--� i--� r 5 �p��_t �1 (P �'° � �+,9 �A c!� or ffgl��'':`t!J � �P '` ` II �(/��!� B � � r � .�--1 ��i�i Sf�l ' � G 1� 1 r ! '2�- r � � 'l 1��"�,� �,�,�,,f��JI 9„0 _� the �Y }/�fi � i�• J��ft' fi t'�' U:61 d s s , ocA l d U a s o r an- Cy MJ U U U urG U R-.1 : v Z-9` d U -ay-be 4` ' 6 °ts' . `L " o `lso �J mod' 0 i k -r1 U 14 �tib U �l l�1 L','�-C' 6 U ' d ds aa�>�� fl r' � � r4 2 y • A- ..—,n sG a uaJ �a a- C�—l� iu ea`�r-d-r or i,tEe a 440J TG - R U CT -U kq -a _ n a n nom-- f -h- sh �l`y QT Y Y VMJ 1�:. Al i Y YP d ' li✓' Y� , sU ari Y n C FJ• Y \9 t , Y nit fm "!9' vi Y pig. :O g.1 .'� 11�. ` , � �`�'''�J/1r^� 1 �r' o c tr 9 r a�' �.� ,r�� a"r r P(��yJ�l _ rP r`, ,• � !y�1) �N}mo t , ,rte, r f. 1�' f r IOC r� �� ', i-l'L. Yc1`b'�` J U V • 4 U .r�lS ir" U a —� 11 11 -� �' U ��.�' 1 Ra l�Y1 •' U 0~ls%(• U 0 "J J II s U is y 6= U l�'4-J. Uc) iin U it S -Sill i ��A< by su c h s uH ra •tom .Gnern i,. Stu se "ffri ci B-QIN-G S - EMR -F' " Si H, 99 P --i_stakstira cos tr'aeto rs + r g —e —n - iN oraje c -er �n a LLor "for it en a GNS o @stII ucSn S ra 04�fotl sai&—a -hen " =-�p`F 9 � s— } d-0 re n "- 2n " d I -'Ty oJnriem u—[ S-O-GN S—sQr ae oy a c+ S kliire j ack � s -e--ra rp'e nt - a.A -v ��. �`Lp"` f �'� E . � �., � r`-�� f �,�+, �' fig• e ied u'pe d so mpI f i -d of n -e tpr, I A� H t sue' t� , , rq c i (� f ., Pry rya P�JU to, �. ii a .n I a r `.� r `P ' 5 rye ; �, l „ , -� J-�d -pa d o! `��-,� r� n � �[ es of � ,- d' -._ � �� - -dd ,rw d r , 5 n� ._ ,`; r r �[ � t`� �.' �r � 5�� A, � � " �,1 `� � � a � � s �,Q 1s,`� A°fi y fl AA � � � N' `�, -R of -aged a � V- , d �-n ��l i� -� �- d , o f , J" d -e- � e --emu -o d---a-n-j--flD - '�-- t S:RUC 'd -wr 1' 's Pr Q a u �_� �� r (� ILA ? K— r a , P J �I r� 6 s n� • sib.° faee . C o nst s d-ar--M' =s-efl:)�� 4 N {�v�- ' W —S GN: o d - N, p ctu 8U�rU II UDC l� 4�'u .fie ls76 U:>dU l th U . , U S11 -Pa 'U d ". ut r a n -S e -w n4ow s' o r semb�i-f - la o n t h ere o'' , !e a i sake e ��, r & e {{ppt++ J' i li`'�e f�7 hl \b V d J �, 'tom 431J •��y' criC 16 _ Cte 4a $ dO -G U a S "ffga-P -GLPAL-s'ir'eg e 9 @u -v r r -&h e ; the same STIR -L11 ---E [All other definitions remain unchanged.] ARTICLE II - Procedures and Permits Division 3 - Site Plan Review rye G.O CO a iR-F AL _'1 i an by Pte\ l�lyd scn Sec. 23-2-160. Application requirements for sit- plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: [A. through K. — No change.] L. > , Sn---esag--2: _J 9--s -lag-e; -G m -n _ te—at n arf &F fppm ▪ nc4SV v.:di `a , %'l � of li r� (q � f II I � it �! 1 � A i } "the r� � G n s o d the —p &posS - d 4 RUIC-WR-E GR %its e method . 43 ,sue' k'' t r a ° ? • - eaP'& Sc bd PR R4� ee''ith-L--d= I 'l G 9 gF 4corn l . Thr s co@tf B N 3 r "iS r ropj , rr'S�r �,,, _ hI n s a n B-,_. L Q �� rl _ S-an1 `-I(TJ'4 _ �i t° -�� 1[� � r A i 1'� e s h 317W uG>�U`[� a �� a�sf-L� J��' 1 J'��+ Jf J e �t u �'� u e toe Site P S-RS%w--rpapr.—I n l S-RGN _ S Reserved. ',Gant sahe: ,s -p c—an-d-reSie a [M. through V. - No change.] W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: [1. through 9. — No change.] 10. All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. Distances from LOT lines shall be i-r}dicated. [Renumber subsequent items.] [Remainder of Section — No change.] Division 4 - Uses by Special Review Sec. 23-2-240. Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. [1. through 11. — No change.] 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 and Appe `xaes 23-C, 23-D, and 23-E of this Chapter, unless a \ f-ai-v-er J1/4 in the application and granted by the Board of County -Commissioners as oart of-thUse by Special Review Permit. Offsit-e [Remainder of Section — No change.] Sec. 23-2-260. Application requirements. [A. — No change.] B. The following general information shall be submitted: [1. through 14. — No change] 15. Aoro 23, Article IV, Division 2. [Renumber subsequent items.] [C. — No change.] D. Special Review Permit Plan Map. [1. through 4. — No change.] 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. [a. through b. — No change] c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: [1) — No change.] 2) All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. [3) through 12) - No change.] -tG-N- ¢-- ui- ing zoning approval. Distances fr-om property lines shhal! be indicated. [Renumber subsequent item.] [Remainder of Section — No change.] ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 2 Signs Sec. 23-4-60. Purposes, intent, and applicability. A. Th-e u rposes-af- i- -D ton a o B -e K I --lowing : to soo u rages e e eGti ve use of S4G -s a --a-- G-G-e-d_o u- t d'k +a '` J`n i-3'n- anzt We !4-C o u n tyjt�.a-RTaa a 9't i e and-en-hernee _ e � "� � i(' \ 0 V 5�'A �' � '� f'•ry�^ '`15 '; `7' 0 � � ,�, �A^ ,!�`a ,�'� �, p� � G ° a G fi"� �} \ � � �� /� � ��, y� �4' ".r f 1 � ,rr�e�{� Bye' � � � , (fit �'�, \ ° e��1 /'�� ' r a�u `Q-4ak,>-k i '`' a " 6 r 2 t, e. Fi awn �. s o Ya FC e s ef- Gk u a`9. m-i-c; de P' e&n- u� a��G g ! l e J -d j Ge- s el lrp d e s t r and trait safety; o mi-i-mze the ,esib!e a ' °-ems effect -of —S -\1S on nearby Nita& an -o -psi- at p' op- _ YgA. emus; ° _ enable -Vote f a � -8 li'lam A,So atC.. G5 en met a�1 u cabs h e e'-Tt a e e P. ` I �y� tJ I- y, y he r n 0 A °' 9 a a u �a E c s d , b e adz �d r zr��o ct�i r ke Est . -31943-h r a s ip B o a ALat- r e d cys o al-4n--Ge ova -me rc i n d i n da u-stri o -P > d a- i-i-i ui- eo v-a-riety of S PSN S in oth e -ones, s Lli e% e —sta�� a s— i4permit p-roced uyes of tars-Div 3 _ ! e 4- 4a A ' G-MtharFe-s maf , ui 9p lcu€ive , and ! n c i d4 e n to i to t -p r n c p-ll !-U' ' of -the `�{p�pL��'., "� tk � 9 gt` ��y{ 1 ey�.{� `o P �' ` - eds �u- F^+ sus ^} 1+yA-�'i �'z a ' A �'q.! -ir . 7re r ;/�yi.�l: �"- ' L 'tad �'Od 6� 'es'r 7 0 i Vm+' A tl �4d {I1 ��r] it �I &Jl �-�l t V'1 ! �J 4f ��J Asa B�-a� 1 !!fld 2 ��1� 'iJ' 1 D - o -n , b4 u —t— req u-� for zoningap al. 4�(� �q g• • Y G- S �/ fP°'. r 'y r� a r Imo, Y d 1 S by e �� is e bes 4y � -`.,-i Y i tte d -4a o'4de for -the en-fGFcs nL of the provisions S11 d s! Wb-- t d, pl-a-Ge d pai tl-t 1, re a" i 9 -r i-i tai- Uri'- si-a f t_ �7i ufe a L .you updess o - n—oonfor eye with —the sta = i;�r �odu o *em$one -a t 4�r Fe ' 4 i-Fc rn8gq- s-eg- . Mo n . A. The purpose of this Division is to provide standards to promote, preserve, and protect the health, safety, and general welfare in the unincorporated lands of the COUNTY. These regulations are intended to: 1. Encourage the effective use of SIGNS as a means of communication, 2 . Protect the safety of pedestrians and motorists by avoiding excessive levels of distraction, 3. Maintain and enhance the appearance of the COUNTY by avoiding excessive levels of visual clutter, 4. Ensure SIGNS in unincorporated Weld County are well -constructed and maintained, Safeguard property values and promote economic development, 6. Minimize the potential adverse effects of SIGNS on nearby public and private property, and 7. Recognize rights of free speech by regulating SIGNS in a fair, consistent, and content neutral manner. C. No SIGN shall be erected, placed, established, painted, created, enlarged, or maintained in unincorporated Weld County, except in conformance with this Code. SIGNS erected or maintained by the COUNTY or the Colorado Department of Transportation shall be exempt from the provisions of this Division. Sec. 23-4-70. General provisions. lAg-PrPR-ga-tili-StS G1 _e� r fi ire—Feeti7i d C e� A rr9 fi� C3 d_t k i Y 1 � e D iv is io-n--any-nra o -r' �� 4n -e --r ru- o m e nts-44t-h-to----Ap 7 re -1 =S-refacad ¢ - re•,wth u --first o ta.Ining--- g tape. rrr4ts -41 9a rt mn t of approva-l-f,n--t1 n o -R -s io-De<< -i m t of Tra n snl=a- w a n t o o-�R-a n n i g— em s , � � e .�.! � l r� s� �'fl � r-�P � � � � ,� ,P ° � p r°�s, `�'`� `�. A_d � II �.� � ji� `U�' �i� f � �j �., p 6 � 9 °� �„e � � � Imo° sC , ��e--e rc � ��-- n- - i c- i-g-n-e n-�, S J E E _ o -r R -ate r-d-� ,, h �- a-mannerm --e --b-sttou-cam s- -&ea r of fin-etri sts, a -J Fty 1, n -w -e e, 2sa. -f thf stnal-eror /' � s f � jP'�i" � �, ,� V' f 9 �g autne zed4cst N it -2 , 0 ay e . S @ C$ emstad g�ae. e f e- ten-{ _ Used-Wi any art 8kR4Prto me-eti on must be-eut-s-ipde of (8 h -r Gte-f � °� a I be t -c Q� a Jar y u .® e 9-a it n t of T _ r -an G. No 4� ot o r eX as e -p _ ress% sS o -n -s< u -eta -o -r -ma of } n`lr 1 i 4:V -'e -If duo j At! n -a r upeP 4h e Figf h-1-iHe w-cx, o u ny co u`krl-ty , s a.u; mss-" - of e e r -a-1 e -h -D-,L\II SIGNS, exc t Bl l!L &ARDS o nd -UP I R i-O-flNS, shall conga C i9 -e 9 e f,.tpine !I Paa aJ e- 1 - -1 ' -be 0 t, AEI S. tid-,q4od Kar W 0 OJT. _ W II _s_ereed n-- a--vP J -B _ rd, I lcs�1 q V -:a e e x m tf-1,!�� pa�, /�, u o 3, S i t� P �� s u s ape p• .I=e� �t i• �� u �+. e r "� t'��H�"7._7�"'�'�..�'-'�S''� �'l � � �'_"�t"��'- L,fl(- '`>t��`� t� .'-nI-p nv ;�o o ,J o �pr�b cs ,�, LR,p�rg G! �"y°,�l�A., �L,'4i�,�P��,�pc��,t.f{{{JJJ��'''��'i• t`� �y ��yL�y��• dJ� t t� l f" ,�.�� '--'�l Q_f�1'� l�! ,��{��y�-�ry� ( a.�'�i r�"� f � ' fi 4-,�„� Any � ��.,{ a L t � �✓ u u ` tl b LS+ a a d' :4[4-a �s C.'1..+. �' j� -FeH J 4-p blip-=Gh� '4h n a e k -P Fy' pp e O 'tom: e� ce . Any s ° ,� e be-r�t-tr d to, a -n -'ad' p Y t u l -n, _ L.-Re-Go-Rd.'-ss-- Jd- on-the sI*e, o;-rt sha I b` e--t--n o fromthe-s-i-teT A. SIGNS and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. B. Lighting. SIGNS that are electronically adjustable for lighting shall comply with the provisions of this subsection. Other SIGNS shall be brought into compliance with this subsection when any maintenance is conducted on the lighting system, including, without limitation, replacing bulbs and fixtures. 1. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare. 2. The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is visible from any LOT line on which the SIGN is located is prohibited. 3. Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three -tenths (0.3) footcandles in excess of ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall not cast illumination at a level exceeding three -tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. 4. SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection. C. No SIGN shall be erected within or extend over RIGHT-OF-WAY except by the owner of the RIGHT- OF-WAY. The COUNTY may remove and dispose of any SIGN within COUNTY RIGHT-OF-WAY without notice. D. If a LOT is located in more than one (1) zoning district, the more restrictive SIGN limits shall apply to the entire LOT. E. SIGNS other than FLAGS shall be stationary at all times. F. SIGNS shall comply with applicable state and federal regulations. G. IFor the purposes of this Code, POR T ARSE SIGNS shall be considered FREESTANDING SIGNS and slabbe require° to comply wit/1@i appocable regulations.wzj H. The following are prohibited in all zoning districts in unincorporated Weld County: 1. Searchlights, flashing lights, mirrors, flames, smoke, or beacons used to attract attention to a business. 2. Flashing SIGNS. 3. SIGNS in a sight distance triangle, as described in Appendix 8-Q of this Code, or any SIGN that may be confused with a traffic control device and/or may present a danger due to its potential to interfere with, mislead, or confuse the steady and safe flow of traffic. 4. SIGNS within five (5) feet of a fire hydrant. 5. SIGNS attached directly or indirectly to trees, rocks, or anything not located on the same LOT as the SIGN. 6. BANNER SIGNS affixed to CARGO CONTAINERS, SEMI -TRAILERS, vehicles, or other movable objects. 7. P OR , 3-P. E S -I GN ric 87. DERELICT SIGNS. 2078. BUILDING SIGNS that extend vertically above the highest portion of the roof or parapet. 10.9. Any SIGN not in compliance with the provisions of this Division. �j��I�eC ��F' H��F�•}� Y:�' �*,a3ll 11 n —PIS R-� , -Rs 4h _pit-rp o se s- h - s-icer- 4 nwo wads ate-; a&e s used herein shall be i rte rp re ted a s--d-ee2o i--n - st i-n-S-ee i-o--n 23-1-90 Sec. 23-4-80. S g en- tiess4 s A. _ Electronic message displays All letters, er, - i a -cte-rs or—r-ntatio-ns main tra in con -j -u -net o; wth, ched to or sd-u-p.sreri-Pnp- --h., fro-n--a-mS -9-N shall be safesv u re Iy b u i 8t Of a at h the SI tiers & u - d n -ode ra ble or .e ov-a a e p -a its of a I ORS- , s-^ raL a service open in --g 3TILe-�r or—c-hanaerb-e e��h � Metter O, ins gni one -ago, fPae secure- l na or -be-- e algaided with _ s a 4y—Gha i1ne s hT C. 'Y'g-p i� Y �%a l Rn f'lr bT i '9-p-rant o e en t'l""''-kbia- 4- 9 . AH--fie rma n- nt S I G N _ S a -:-S-I-G- - ai es sha l I oe--d-e-s-Ec- a- --con structedkto--ser ici 44h —the serth4 a C h`a r 29 ef-t-h i s Code. �.. Ai I e l e`&t- Fic 1 ",F^��E �';- mneded rSI-NJ S s h -b- �--d �R `� - o' n s�6 8-S.+f r ad U. b. n afro r B ,9 w d-th S a � 1��c a, I `ate+' ram' ! e s''m.. 4d rttl 1-i n "ate h a ��e tl 29 ell -this- C o� c .�- '- 'fl�1_N S �� -;1=9 � � s- fl re'Q0'- -I--a -I- :s -o-, e ;es-LgR �,,-- ary cor` -ruot` d-- e- - G y-- ho eal set ` hL thh !}-€--G-g . A. ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. B. ELECTRONIC MESSAGE DISPLAYS shall not be located within five hundred (500) feet of any LOT zoned Residential, Estate, or PLANNED UNIT DEVELOPMENT with Residential or Estate USES or any incorporated LOT with residential USES, unless the ELECTRONIC MESSAGE DISPLAY faces away from the residential LOT. C. No more than fifty (50) percent of the area of a FREESTANDING SIGN may consist of an ELECTRONIC MESSAGE DISPLAY. D. No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the back of the SIGN shall be flush to the wall, rather than projecting. E. ELECTRONIC MESSAGE DISPLAYS shall b-e-e-qui aped wit.r malfunan display -and -have the ability to automatically shut off or be remotely disabled if a malfunction occurs, shall have automatic dimmer software or ambient light monitors to control brightness for nighttime viewing, and shall comply with lighting provisions of this Division 2. The display of an ELECTRONIC MESSAGE DISPLAY, including its brightness, shall not change more frequently than every ten (10) seconds. ELECTRONIC MESSAGE DISPLAYS shall change only instantly or through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images. Existing ELECTRONIC MESSAGE DISPLAYS shall be brought into compliance with this subsection upon the effective date of the ordinance. Sec. 23-4-90. DPas for Sr of signs Itucv :magi Regulations on the size and number - e--ow-ner, o � s��e I Giant a s -e-R P; the ew-ir, shall p�� et -G- —p i a � P a-P---te e FF+o c -AI S i —cm-, ° DEV E .41RAENT. Such plans she 11- ee ncLud S s_pa4 s y Si ` --e--- i-� H' e by rrn -G 1a- n re -d- U-n--D-ev9-m-e n4 an -di -Ma: P a ,f 1 noJIS -I -i i-s°-o -e-S-tG tpaiz-e --i-g-hh ;- l ('s A - a1 s, s- gs-- e5 -ri a 9-=e -R:-n--- f a p ,.� ��y pe of i f-Jflt-i,9-n _ a-iki--Leallec s -h -a -i4 be se b out - --p an -be-s u c h a n -a ° , G N --ea ted or tm-a--eta-iRed-u-n-de-OtaiRS A co r4 stn- he -N-r- 'u n s -oche-- -- !and sh-a be oc he p u rp m ai m- kitity-ti ugh - -t ---c �i -a- evaement -p-k n s shall _ not be a;; -raved until --he -h -10een a ; oved--1 the S -a eLo--Cou-nt" oo ners or p p -g -t af4:. -b,-1-n -N S shall --be d esig-e an dl---ee & u cted of-rra r; _ a l \ , - r&-1fih a rnr-• i .;ctu re of the s i h i h t1 e S Gen _ ecP20 he L s -S-Q- -- tte r a -I -s -t1- 1 i €, i-r° l to, the ma -1 - -in FnS -i a I s u _site &4€4 -ae-fi 14-e- yeil---de-d'e- - i r rmo A. Commercial (C) and Industrial (I) zones: 1. SIGNS on BUILDINGS in the C and I zones: a. SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet total on any given wall, witno emit on the nrber of such SIGNS. [JF4] b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height. c. Area. 1 On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ei-gnty ninety (8090) [JF5]Square feet. 2. On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to one hundred eighty (180) square feet. BANNER SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: 1. SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to eighty (80) square feet. 3. BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. C. Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Agricultural (A): 1. FREESTANDING SIGNS and BANNER SIGNS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A: a. Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN. b. Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height. c. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than twenty-five (25) square feet. 2. No SIGNS other than those described in Subsection C.1, above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A, except in accordance with Subsections D and E below. D. SIGNS on LOTS without a PRINCIPAL BUILDING, regardless of zoning: 1. Notwithstanding any provision in this Division 2 to the contrary, each SIGN on a LOT without a PRINCIPAL BUILDING shall be limited to sixty-four (64) square feet and not more than eight (8) feet in height, plus the SIGNS allowed in Subsection E below. 2. LOTS without a PRINCIPAL BUILDING shall be limited to not more than one (1) FREESTANDING SIGN for each PUBLIC STREET/ROAD that the LOT abuts. 3. SIGNS located on a LOT without a PRINCIPAL BUILDING shall not be required to meet SETBACKS or OFFSETS as long as the entire SIGN and all its components are within the LOT. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. 4. SIGNS erected on LOTS without a PRINCIPAL BUILDING shall not be considered nonconforming once a PRINCIPAL BUILDING is constructed or placed on the LOT, at which time SIGNS on the LOT shall be brought into compliance with the regulations of this Code. E. Other SIGNS: In addition to other allowed SIGNS, each LOT may have up to five (5) SIGNS of up to six (6) square feet each. F. Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones. For the purposes of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries, and federal, state, and local government agencies. Sec. 23-4-100. Nonconforming signs. e-h-l-ec ex--t-e-oe on-Ap-ril 1C, `J -t 'Motive ive elate --e Ch-e--repea4-and ficee-haGtY ' tic -D-b s -HgR-ay coo nLe4h-cxtst- nce Slorj(' the-fetle3tv-ing- Any legally established SIGN made nonconforming by adoption of or amendment to these regulations may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of theseFal-L-944:0-PrS this Code. The c g i- t ova- o pacts -of -an e z -it ' °' G N -t is d es:g4S• f s -t i c fia n-ges1-er the repainting or reposting of display matter shall not be deemed a structural alteration. 1, _D. he ® � W -S- -e- -1G,� ^xis-i- - 1- i - 0O , the--- ve date o- h V Y er cochd -ree n a F� eR - a v iii � l-� l -u�-e h p" -hS-19-N --f , R '° p-rc �� i s iGY �° 6 may �� co u 4 ue; ll-II 0A 4 - I f``4- II i� I J� S Q R ra i el o f six , mgaol'nth s, sucr Sta I -&I n b --uses 4U ---pas bee —mare to confolc p-Favdirsi-e-h-s-of-thissv 0401-7 Asy-& - ,h icn - -damage--01-4/-fire, a f-, he --e cte -qty �., �' :y r c Y� 6 J °-c r ea i o�� r r ° bra ` it -was {c�� .� p�.�� t-E�� , �,,� p t-641�J �,� o ��--�-e��r ��-o-� :-Y--��: �-�1-Y�-o� , ' i' 'a ged,s 1�-' _ b e cka� ± ell � o' h` ii-° e -b rr t * a j- -L-s-t , r �e• an -the 44 LG-N s41-2-01 hot -be re m to e o� G Co pkripmi-tf - :-h s -s ---Di i-si n . Ar A e wh sah has -C efl al -am -aged S to an exteRt less th i- , ent(5 0 %) of -he co -n- -��R, vaY ue o ---rea c -o -s Sm a -\14n S -o e ;t was damaged oy.,�'1 e st r� d i� oa h ,�+e [� 'i• rte. n a rac A.�1„s'r.� o C x s, to , f -re �.4y4 b,-�", i 1 0��'e:/1 't �� b�• 'R� r�-, 4� lS �'ad' Y '��}!1 fs 4 r�l�✓ �r11 i��-�C�W.�'J Y� it 0 � �ll%Jl Ir�a`�' @ 8 � � � /`� 1 �.J l'. �'c�+. � �d a "cd ll �1.'J tro II N! '-OR B. If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged. Sec. 23-4-110. Computations of sign area and height. A. Computations of area of WALL SiGG-NS andi�-g-ks$as ,, SIGNS. The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or stRialie STRUCTURE against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when s -h-fence or YfP r cnee4s—Wei,G ,;h' C ;-e -r- -u1at ns clearly incidental to the display itself, and not including - Ths-ent re -area of the STRUCTU-RE of _ a FREES -LANDING SIGN shall be included in the calculation Of SI N-a-Fea—e- p,' that portion of a SIGN below a height of seven (7) feet if said portion contains no signage other than the street address of the property. B. Computation of area of multi -faced SIGNS. The Sr -G -e rr a-SIGith- ore t an one t-1 he -r ae : SYG-N-fa ,s .v i i, urom -a-r r� - -, When two (2) 5 :sal SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with` an angle of less than forty-five (45) degrees between them, so R —a iaer Y faces cnRRot b fit''--ie-l� from a n -y pc4-i Tee sam ti Vile , a in ! `&-a n h S I�a2: s— p 1 t of tie same S t G �Ir tiu, =n -GS-aye-net more than-tvven-ty-faurF--(2-4H-nthes affitaa4, the SIGN area shall be computed by the measurement of e--(4) only the larger of the faces. For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart, each face will be included when measuring the area of the SIGN. For SIGNS attached to BUILDINGS, all SIGN faces shall be included. C. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Height limits for SIGNS shall not apply to flagpoles. Sec. 23-4-120. Requirements for setback, offset and clearance. A QT _ Fsi�- ten -(1-0- zt- 1148-O eF-F-L � a I I be H --r rlay and F -1R- ,ESsI-A N -G- S S from AaMC-F N -pro, -e e s g -e BAC K for B BQ D S--ar d O ---E— R-, =�C i►-� N AL Sa � S i n the Co-mmercial-a-Prd a .� ir2K9 6 a aim Z--DistF1cts h -a be (25) _ feet bpam C -.W, Nihr: rri e r is g -BB ( for all-ot qe- P --EEC ter-® Q -S SN S in -the MM€44raira-in d D n s ri- l --fie e Districts shall _ be y- r f y e �--- r �� - ��L- o f u tore EETI KI D- RlQ i--E�--��'� �t9 v /� L i t 6'� e r i sfester. ID. e --S _ TBACX _ fe Q F F S the Ag wi4u r -a -1 _ Zone District rict s h -e kae—t . 5 -- f ve (2 --e-- rm the curgent or future S r-;RE TJ Q ,T QF WAY, whiche v -r is ge-ater. The :-f r e -t -her FREEST -AN- D P, SIN-- - 4- - Ag sic u It u ra I be-- h e (3) feet, or 14 foot for e }- h --(-3-Heet of S--h-e-i-g , w rh-ile-r is greyt-ej T h�e-SET1B -C for a I' _ R F -TM-ao SIGNS in Fst;-n-G9--Rs-;i-s � ---: i str i cts shall -be >et Signs -projecting over a J-F-i-v-eviay shy,ll be moue -d--at least-fe- e -en -(-4) feet above the ace of -the driveway, G. Si—ginsm©untedl-at-l-eat-nine (9) feet above the surer -o re vivLai-Irk-wray7 A. Setbacks for SIGNS not on BUILDINGS: Notwithstanding any other provision of this Code to the contrary, SIGNS ten (10) feet in height or less may be located anywhere on a LOT including on a LOT line abutting RIGHT-OF-WAY as long as the entire SIGN and all its components are within the LOT and as long as the SIGN complies with sight distance requirements, as described in Appendix 8-Q of this Code. SIGNS greater than ten (10) feet in height shall be set back from all RIGHTS -OF -WAY a distance equal to the height of the SIGN STRUCTURE. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. B. OFFSETS: Notwithstanding any other provision of this Code to the contrary, SIGNS larger than six (6) square feet shall have a required OFFSET distance equal to the height of the SIGN STRUCTURE. An exception allowing a reduced OFFSET may be granted by the Director of Planning Services upon the submittal of a waiver on a form provided by the Department of Planning Services signed by the owner(s) of the LOT nearest the SIGN. C. SIGNS projecting over a driveway shall have at least fourteen (14) feet clearance above the surface of the driveway. SIGNS projecting over a walkway shall have at least nine (9) feet clearance above the surface of the walkway. E. Flagpoles shall be set back from all property lines a distance equal to the height of the pole. Division 17 - Zoning Permits for Certain Uses in the Agricultural Zone District Sec. 23-4-1205. Design standards. The applicant shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT: [A. through K. — No change.] L. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 and Appendices 23-C, 23-D, and 23-E of this Chapter. [Remainder of Section — No change.] Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: [A. through B. — No change.] C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. Existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS. [2. through 4. — No change.] 5. _ [Renumber subsequent items.] [Remainder of Section — No change.] ARTICLE VII - Nonconforming Uses and Structures Sec. 23-7-40. Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT COVERAGE height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: [A. through D. — No change.] E. Refer to Section 23-4-100 for regulations on NONCONFORMING SIGNS. [Repeal Appendices 23-C, 23-D, and 23-E.] AP 7317 b -0L;;„ €r t D -ZONE DISTRICT SIGN ≥ -i` ° --3 R--4 -' -' f Cra Cr 3 G --A- ) 1 4J. I-2 -TYPE BANNER SIGN 41-9 -O no n o PEG no no ye z yes!z yew y yeslz yes/z yes/ -z y BILLBOARD (not no n o no no no no yes/z yes/z y-e-slz yeses no a I Iow-e4-i-n PUB) yesl-z yes/z yes/z BUILDING SIGN no no no no no no Re yes/a yes/z yeslz " yeses yes/z yes/a yes/z , �' �r°� I S yes y -' yes -s yes yes �, -s I. •M �O /K E y-ss yes Yes yes Q �R CANOPY SIGN no no no no no no no eS/z yesiz no ye&z y yes/a y- }ea yes/a DEVELOPMENT y/z }esiz yti z yes/a yesk yes/a yes/a SIGN yes/a y-esia yestz ye&!z yeelz yeslz yew yesiz FLAG yes Yes yes y s yes yes yes yes yes yes Yes yes yes yes yes FREESTANDING yes no ne Re n 0 5 no PO yew sl z a>` siz y SIGN yeS/a yestz. yL y IDENTI-Eflyas Yes yes yes Yes yes yes yes yes yes Yes yes SIGN yes yes 1;z INCIDENT -AV.- yes/a 3 e-sla ye-al-a yes yeses yes yes/a SIGN yes!a ye-al-a y\ ye yes yes OFF SITE no no no ro no no h -yes-/-al yeslz z ye P DIRECTIONAL y,.siz y-eslz SIGN (not allowed in PUD) POLITICAL SIGH yes 7esyes yes yes -s yes Yes yes yes yes yes yes ye yes yes REAL ESTATE s' ` yew yeses yes/a stz yesiz yesiz 3'e PROMOTION yes/a y c--s-lz yes/z yes/z yes/a yesiz yes/ -z y yes/z SIGN RESIDENTIAL ys yes ye -s_ s no no no no -R-9-no no no SIGN yes y‘ yes y° o SUSPENDED no no no ne PO no no yes/z -. yes -/7 s/ -a SIGN yf-esiz yew y yer,s/z yes/a y_ TEMPORAPX Yes yes yes yes vas jesyes e y e SIGN yes WINDOW SIGN no no no no no no yes no no -rFo .no yes yes yye 11gh -bu- ---w- -e-G for C OEM ME i _CIA -Guru-- e„ - _ h1 n b a-r-rGrn- , of allowed in r:Tn B RE`4A-TONS A Zone -District Igricultural Low -Density Residential Zone District R- % Residential Zone District -lnuplex R-=3 W! ild : y [ as i- a l Zone District -e fa Man-ufactured H9 Vim-'^ Resi-entia! Zron istr ict S S District -state -Zone -Neigh-bar-hood Commercial istrlct Genera! ! C ! Zone District , �' ' C4 Highway m i al V' 9 1� '�s Y c -Zone Lie' L' �r f �_-i �, n �� «��-�� gone District -II �•v b I� I� �qi ! 7 Medium In-dus_•tr ialy ion.:- --,�s-�\ �(' Heavy Industrial l--c-�- Zone -n- ii -n t i o n C H� /� S C H( 10 g 9 CL S- � Bt4- �� / .�' f +b HE j j -METER � vrr�--�i �.J�� 111 a F0 i i_ C AEA ON Il RkC ',-i Agi o lt l s-i S e 4gfl54 a --Planned Unit Development (P Zen let shall be e v a -4cris l u -�1 ted ® t h-'1 a 9 fit t�1 �� Iii -1 es s -JD) o --- h e rtT i se i k,'1-i �+ 1L -at a i' - YE sr Such S G-N4s allowed w th-e-urio r zoning al p -a l -roy �� E S'Z SSuch Sl 9 alloy only with zoning approval prior N '-* a SIGN is net -allowed a/A No COQ R AL S AGEfa-iy-kIn-d along o -S -weer dffF INSTRICT AND TYPE i c.�L t ER Ma L O -Wt ` 1 MP 4 J . NLARrE f -- RE MAX! M-'U-MH4 .. � !BANNER SIGN 1 ZONE LOT /1-0 sq. ft, per - BILLBOARD (not ONIE ! OT Nr 300 sq. ft. f? - _, allowed in PUD) BILLBOARD per shall be located less than 500 ft. from any other BILLBOARD or OFF SITE DIRECTIONAL S! G -NT BUILDING SIGN No limit On a wall, the n the top sum given of all BUILDING of the BUILDING CI(;hIC Ahirh rortii circa � zoning shall not exceed hermit `)/0 of that wall's s ft. -q . BUILDING MARKER 1 prer BUILDING /I sq. ft. CANOPY SIGN 1 BUILDING face 10% of -the verticat per surface of the canopy or 25 sq. ft., whichever is smaller -DEVELOPMENT StGINI .1 a LT C & I - 150 sq. ft. all C & I - 25 ft. all others other zones - 32 sq. ft. DEVELOPMENT, Minnr or Major Su-bdivision ,F A, R, & E - 15 sq. ft. A, R, & E 15 ft. - er ON I OT total C I & INS - 3Q-fk , te4a4 A- N 1 per ZON A - 16 sq. ft. C & I - 25 ft. FREESTANDING SIGN LOT. -S— C&I-1 C&I - 150sq.ft. A-6ft. ZONE I O per eae-h INS - 32 sq. ft, .I -NS - 15 ft. 500 ft. of road ,—p.er free road frontage, v' „ whichever is greater.* IDENTIFICATION 1 oer tenant located 2 sq. ft. z9 SIGN within the BUILDING INCIDENTAL SIGN NIA N/A NIA OFF -SITE C, I & A - 1 ZONE C & I - 300 sq. ft. C & I - f'. DIRECTIONAL SIGN per A - 150 sq. ft. A - 30 ft. is DIRECTIONAL . No signoff-SITE SIGN (not allowed in PUB zoning) shall be located less than 500 ftrom-a- other BILLBOARD or OFF -SITE DIRECTIONAL SIGN. POLITICAL SIGN No limits No limits No limits _ i faaHo �� `s 4 sc s c) 12 ft. R p L ,� &-AT - . ROIM-O--` a I` n s bl �9dl �-$ae-df . � . ,` i44 9 SGT-° 2a 'pl.Y^ - Jyw� ._,Ate bl-P- ?,�,j'.,.�$.,,,� _ Ltl 8 e / R �jj{ E TIE 1 ' t'�,-- 11 d rr S k III �I�. - \ p Y Y A X1..1 f �� `ice �S" -de ust,—h \ e .i � U NyJ�+, k°% itr r�_rr' �} � '�" r it a c a� IT m .-� iq_. Rt t�ni P' e JQR.N s a II G ".-a I II u 0 '' .„ ,-. I i u� L -ti 11 B `+mod ` `i II II k� B 1 Irk 6. -° r •j��ll c,tl `� I 8'�1�i U' d ZIfil 1- �r O —LQ-T A, - _ '�� o-- A, R, &'� - M I Q. A-^ SII-G 11 a �� S�-U 11 �..v> J III- G ,_ C , , --e]� r . MS --� q. C -Ec SANS -8 `� , 0 V O.� . , -ft �//� InI Y Y � J! Utl V LI�L�r!/ Y VL/ Str31 1 -4 YI! 9 ➢ 251% i w U ae7 C.G4a J V tl Y 'di Pi(MW---trikdr 1r5) } /" -ifv IP 11 __wag Ltr s Istria , JI ``_-154 e -Z- s4 L� b" V 4f Q✓-% d L ° \7 C R._...-. U a : �`- . l'�s' tl Y Rat' •S --2 J -u ex ! :1-i Zane D s --het Q. mm- De n s it -Y -R9-61-016- °`� eR-lja-; 70* �e D''- ; ridGt -R-4 41 -Density e !' �l .en-ltdH 1�4od tl tl .o ac4 We >Sa' > '��-..-ll �,7n�I ��f�,� � -�-. e eire 1 �!n1�� { ' t Ile' " 1 J Il II Y II �C II ,1 .� U 1�,.�' I� (��•' ! c.tl Ji Sta4e-Ze� c-7"G'rief� _ 8 p q C� f � c r,�3 �r'�� r p -if i OPii �j � .L� -1 $ (gyp ak l e d.I z i a u a 9 d d: Z . J r _ cam, z ,, rt.;� i Z g O- ASH:cirri 4 �, .r v tl Ir—L� `till- U b� L i 2� U 9 i pp ULi'_' �, p h� u `` r g n E i�r if- b 3 3U U oa a e— G1./ Jc dr i %. iJ MV r9 �GL 5n' ei—as n e ! a `Vc._d�c. II Y 0 im✓ i ray' 1 {� _��{' ,� , 1_r i �{ 1" e L-CrHU `t` R h ' e � '� " S u .? ?�. i -n- �a �.l Ll6 Mi`1�1 d— �JE �J E v�r�u 'o moo' , �� C-i,---�-O 6� �>„t / , S� •✓ : U ' d a - =`E—�L .f -E --r , tea' -PARKS--�L ,: e U e u �a •fib ' o� lI Ir V ' 1� � �L� c.,Jp� �[ �� Kam° � ��,�, I t li al //�� Ge .`! ��1�� 1 � e s r o � l��]J�� T n --CC j� r Ipf and IrI�,� t . Ipp� Lan `�� U i a C ES®i i aThr ' iTh U t� a E `�-v a 6 • J a hat— �xsiU li 5 J 1 l ''fir U e .l�r�'�' U J 'fir L�rJS U lZ' U1 ^ ��-11 If-I(•el—l—tR � 0 a II Y +Y I - � �J Jf��!`�-� y IY- L�1(!`>d'u!> -J `�\ �E »+ 'Lf' �j�, iV�l�� U 0�� 'CS�� lb Y� �-I� � lv�-�r''E� C�-_+' sa...J- �L-0 V 9cr-Pitzsl-: Sl I I a1-�-uP 5' �.9 ¢f V ru ai � V '°& s a fl f f trial re4Q- n�j > J d t a fir- u u rs d f 77 �`V-� 9i �e�l � s e u u %S0 u uwit-- 'L f drigece r `1 s- d f —par - , 5t b , �`° d' '— ki 2:1-% - 1 12lJ� J LL:S`Lf x� tipl\iinnicr i r9 U lil VVLr`��U I�' ; L -J �r ��J�J11'� 11--1171W: �1 t1 `JG�u '`--1 �r- lag -e -e 4be yp: /,.> ! 'z:i /rJ : S / :;.:.' pi . /+A' _ da ; r � j` an . .! ;' �,�. _ 1 _. -...re- .. -� _ . :.. ,. ..x. .- N: ."/....<Qi �f L '>E `` I ti-`, e. � _. ,: .� ,. ... '.�...., >a4' ,'.. i r .. r. e . .. ...� ,:., .. , �' ft' �: ✓. .>' := r.k. .- , i .%�/i. . , > b.%// „ a J:, c, .. ✓ v'. _ < Aa,�- Re no ne no no no e no e no no nn-y,��-� SIGNil�� ,� \ AID �� Y Y '¢y it Y 1 aS `� .Y Y Y �� P t CY 1'x.4 S �(�Y _ 3 N • Y QP• q 1, �f G Aar e Yes �/ Cap *f �� v _lli?^M1 p� _.' -R-�s Lynn Il 11 ��a� 0 �Y C GY® �% rr r1�}. y ry \� 1 Yom, .r;es . . Y Y Y :n! r d\O. 1 �� \1 Ifs" 0.yes a 9 \I ~� J F.._ �1 �� Y1pY 1 e �s R fi _ �./(� Rey � S e -: _ {}�-\ {/�� Y Y Y/ ,��• � \S9a1 1 i ,� �FiJ bJ Illumination, yes es yes yo -43 yes yes yes yes External' yes yes yes yes yes yes yes Illumination, no no no ;o no no no no no no no no Po no Exposed Bulbs no or Neon KEY TO A- -PE-111AT a S A Agricultural Zone District R-1 Low -Density Resiantial Zone District R-2 Duplex Residential Zone District R District R-4 R-5 Manufactured Home Residential Zone District Estate Zone District c-3 Business Commercial Zone District C-4 !-1 ne District Light Industrial Zon- District 4-2 Medium Industrial Zone District DNS O t Distric such SIGN is allowed 7 ntial Zone District shall be such a SIGN is not allowed Cheryl Hoffman Fr S;Al tQ T.: Subject: t t a c Y Y e n t s: Folkw Up Flag: FL.4:g Status: Kristine Ranslem Wednesday, September 15, 2021 8:35 AM Cheryl Hoffman FW: PC Resolutions for Ordinances 2021-15/16 ResOrdinance 2021-15 (Bulk Requirements & Water).pdf; ResOrdinance 2021-16 (Sign Code).pdf Follow up Flagged Please see Jim's suggestions below for changes to Ordinances 2021-15 and 2021-16. I have also attached the Draft PC Resolutions for Ordinances 2021-15 and 2021-16. If you have any questions, please let me know. Thank you! Have a good day From: Jim Flesher <jflesher@weldgov°com> Sent: Tuesday, September 14, 2021 3:13 PM To: Kristine Ranslem <kranslem@weldgov.com> Cc: Angela Snyder <asnyder@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: PC Resolutions for Ordinances 2021-15/16 Kris, the comma after "infestation" in DERELICT SIGN is missing. I missed an Oxford comma after "braces" in 23-4-70.A, if you don't mind inserting that. In the other reso, there should be a comma after "fences" in the definition of, U I LDI NO COVERAGE. insert "ARTICLE I - General `provisions" at the beginning to be consistent. POULTRY should not be in CAPS since it isn't defined in 23-1-90. Thanks, Jim From: Kristine Ranslem <kranslem@weldgov.com> Sent: Tuesday, September 14, 2021 10:18 AM To: Angela Snyder <asnyder@weldgov°com>; Jim Flesher <flesher@weldgov.com>; Tom Parko Jr. <tpa rko@weldgov.com> Subject: PC Resolutions for Ordinances 2021-15/16 I have finished the PC Resolutions for Ordinances 2021-15 and 2021-16. Please review and if you see any corrections that need to be made, please let me know. Thank you! Kri≤ie Rams -Lew, Planning Technician Weld County Planning Department 1555 N. 17t'' Avenue Greeley, CO 80631 (970)400-3519 kronslem@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by , that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: ORDINANCE 2021-16 PRESENTED BY: TOM PARKO/JIM FLESHER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING (SIGN CODE) OF THE WELD COUNTY CODE. be recommended favorably to the Board of County Commissioners. Motion seconded by . VOTE: For Passage Against Passage Absent The Chair declared the resolution passed and ordered that a c case to the Board of County Commissioners for further proceeding, CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 5, 2021. be'forwarded with the file of this Dated the 5th of October, 2021 Kristine Ranslem Secretary pole or erL Sec. 23-1-9O Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: 11 r�;, ;s r n f r a 9 �' f Pr p fl@ P4IMA � d 4 �,� J--� � � - e ` ��; in s �J El r • • "% Lc c r rs1 4 i Srham r`-" II II��`'1 �l 'n Loon ief " , • n io e� ! rr?/ • :'�`1 r . r' 6`-..n .�, '�9.1 .-- .�•" °'q' C irk •p` e n P 7 `7' �' ?� °�` tia_a �' - • ''mil o L <ir• tP ,,��a ,� i ep e ta— r• /' r i �. t y d Y a md`+t 4J e o e i i dr o7 iii at i.:� w IPO u u e a' 1 v fo _ `mil_ — t C L� i bad �`c � � .r'u as r u �-A v,..e d—'� u u '1"-fi , u � � '6re y o t sue! 6 oa a.,ir �� d b�J a i�*. dd �+ l� m. 'ate � C . 0,-141•43' t f 1�p� i,� - '� ` a e r- r, II +''� ( I t P 1 v rr BANNER SIGN: AnySIGN i e„ • n a� n n �' d r� -SI- - Q pe ma e y -moan J a ow-ncss that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts, or wire, or hung on walls with ties, clips, rails, rivets, hooks, or frames. 2�� `� ��, ^� � � g " �,�f ,�5 ,>� ,�n 1!' �/��_ � �(��___�11�r`� � �� . P,'�� `i. � �I �y rLA"� `i Ip/�;1 /� -- !� >.�' !7 . A . gd U I�VV�t d tl �✓ pre ( a o f pJ e0 L`�f' L+idJ'J 7� -srlictz-o' .V>S'�o-- d i sr r'S'�iYC h�td o. r , o rre -rye Gl� >,�`" P s - _L -7—Q E L u �ir'a,.r 6`.a"-�-.:,✓�li�u a �'�'-d�`�1� tau d'+�r ��`se:(V"�i � �rfl tl• -.-.. � -�• �—�� Sti"•J'1� o ��E"� � t,9'v � , <a.R �• "•, r 1� u ��- t,� '1 rte, . r, , ?r XP r. d� ° ! R r- 4' R, -ti e4-f-a� coatacflr rooVs7 8-411 L OVA R: A-S4G-N -h--�s�-d l to.---cr-ao,e—a 4n -c ncr r o m �,,� ;1 � paFF_a�;�,,frt�11 ��jy-J,I,,Ip� � � �,,, fr, d `>:i' 'J-� "@ d'A.r�i iiJ t. n lS s -c --e I! G • �0' ) `� , 0 ci ail atc r �� , /e:� 1 1 'r�J a �n'__-e - i u' e S -e r 0t 0O ' ! Pas�'�`"�'�i 3 1, g a Alg SI afl a al Q - � �'dy-, o �SU- fiepr 'NJ or 0 TV�-e' ri- J'��+�� yy �(lp� �� / n ,i�`"6, apt a71�`� (Jyp��-,1 j�(^(."n14 •i9 (L+ n s � Y u ��aV n . d to �i %6 x. 9 • 4 o i • �Y 7 �' �• { �i pp cz I t itq 'ice` r1 r , „ i 1...d `--iyr-�-;.r�- �,� .r -v ;�.: 'tr' = r i\ .. �P q �i ti�• A 1fti °s ` C_ r� G-� �, ---,art o5-r--a��?-�9J, "' ily dace f�1 tP�il'i�P ��,�. - j�� ct e-�� f�. P '� ks � -u_ap begs ter' :� . tv �� _ , r or d� n� .S Yc y ✓� O '@l r!� O Y V @9 2 i V CJ a-4 Ee Y 1 — �9 6' Satl.1✓ TJ �. b c44a ed or— rc n kpA- .-lt L- 'C Gr 17"Ird iG"r u u rQd a ues ae c 2 q ,r . ,frssi l .sa rra� rsa� S o> r<ai., r�r o . rn., 6 n n ra a . to rP;r n a, r.4 as a thaws v J Y�C —\1 f �'rtH names, �_ 1 !/% F`° S @r !fii • ll d�J J�-d � , '�v�d a r 7 9 rFa to DERELICT SIGN: A SIG causes, or is in a`°atf genes; infestation, �,.d�finance e_r_redenr, ass name, sic nLi I R i. ,. Prrei r sdifl, i IF r? a Nfrop e r f n-�� n p- st led 3Y of s, lette-s-e- ( at -J � P J 4' . An —el !fir r M� y tal- u- ai saw per mf 1 ,°DES -b a cants-Inear- -AM G --E s of this iap r. A S -J L n -Y 9{R-Y-1-46-,P3-the-9R4y--e-99y e -9>p 1r 1' a t Its Y • 8 B f d Yee ^� Y -1 � S Y Ea rP at e S h -a44- i� r"0& d a` -"V- o � 4 0 la • u I li ` C ru S iS"r i 0E C ` '�— �� ,emu �i ":� v"- a I� ,n ' af t 9-`r4 k it-orwal N`'Pd—b Gt, SS -fl u �C ta-'. ,A ,,,,a ( (� IIA III R /r. il IL_ �r II 9'a II � sa�rna en•? ul -1173-! , is partially onotally damaged by fire, earthquake, wind or other natural apidation, deterioration or decay resulting from alsr' � r. r ! ro° , � "" ! rte' � 1 �'r rr I � Pe `� ',L • � r . � � � !('r /1 k-aiL ail-" r an ce, -�� - �,� n a-�u � &'-s}o,rith v d- ci vandalism, animal LIG--SQ m -" ` t- -m-ned apiravE the Y U e D-i win -n r s 1 rr s a 'a i`ata a n. Thh aynaLLapjkspragyvan FtC-l-AL an4 ° 4nncJ `trial US -E S---mav Ik�p plr' p i4r�J I T S h6iNk EN � w ne,r�TCv 1/ir . Vic r r fray r rr�} ; ` the ILnir �r nil ' the names of re-' 61:��((��,�, ssc u u� d� i4a a �'� r� of � n.sr�l�l�d�= � �:� , ELECTRONIC f`SAGE DISPLAY. A SIGN or a portion of a SIGN with a display surface composed of light -emitting diod„(LEDs) or similar light sources and capable of displaying varying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. HAG: aac �J— a i rcant g a �f coo-� , Get - , -,o 1 n it . `� �° C�o� ti' ,P� h r u ��11' _°r a�r-_�..R ▪ � r� p_29"9 rl by _�A, O▪ `y L `�Pn r✓ rq a r c A�1P tS h �� nit in §- S ate f�l@�9 ii"�' 3 � u S 'mss Jl�. i v, oa' tl �s d �, d-5 d iC`li' i t u a �t V u in-k121O a S �!/a e I,�ii$-'5 t_4e� f� ddd d- 1]'U u 6 d C J Sc a d`dt-`CVJ `� J i� it ry eii' f li `$ IP II �t A 11 fP P f'' _i _ ' i f�1 A a @� A P f g r f 5 r_J r D I d �°5' der fil �h -4d-d,� :r--,�,'-� -- d, $a4 g -e-sl--, �; , - -----1' fa --o-�� , j -d J d -i-e I n --use S afl-b , n Hoc-efar-e-- v p oa es b i h d-y-�n _ s -e- heo l as for thatass andy� ,� F �i ' r_ r e n n rf' 'r � 'r C -/d a �i < ' -,/'b u u '� I -, G �o r, ri, J a 9 `.. 6 L s 6th L fs <' 1 �O,;in- . a width approximately equal to twice its height. b N ' iJ -T aN Sb W4. S 11 N1- at— n- n-te Any SIGN made of fabric attached to a pole and having rss a -9 -n -a. of occur (0,-L a�a-informational, that has -a- pose second te--t-h-e- E of the Zig\ E ..-0-T-en which it -is loca ed,-su-h--as "no parking," „entrance,,, "loading only,,, "t ' 0 4-n otc ddire e :' - °' vi h CON , �°! -°-- `USAGE tl e -f position e hJ 70 Ton e'4r i-�Y`ca _ e.r 1 •..,a e 9 - a a �.a '�' : e a u �' 's`�: a=.. a �. '6� s.ra �, a�C.i �v a Sa = a f e ^... .�. 3 `v e which the St -N4s—lac--ated shall consioered an INCIDENTAL S N. NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this gai-r Chapter, but which was lawfully established prior to the time of its applicability. OFF -SITE DIRE Q L: SIG -48 situated on premises other than those upon which the goo -d8, tee; ves or funs -ions be- g -ad --verb o are located, and giving -n id- e as to where, how distant an -d4 -he type �d sei vices e -r -ons which ni—o-bt-a-i-Red. h l �� .' - mice or b J ..< f 7 03� , � of a.c �s +.T' + e 1 aJ which a 5 c„h a e 'mss � � � tai' .. -p-duct primari available -for the —hi way user (such as R=a hNTS, I „ gas, pa -r oar tonii-c- i -aind i1ent) and availabi ✓"'"�-waY a i o < n - (1) mile -of a higTiway--ien t4 —o7 sn a —ids - 4g ay -p -asses. PENNANT' An -k as "fd' fl-Hoi`-stl.ic, fabric or other material, a1k ; s Pspended-fr-rn a rope, wire or ydsua!-y-i PORTABLE SIGN: Any SIGN greater than six (6) square fe �i7,'�_Gi -n- r : n Reg RU -C T URE or S � designed � � � v w �' a a e-3 6 i��-�+ v-V�.��iB 1 '� 4s+ e @ , a re,f to SIGNS designed to be transported by means of wheel s-ai ,w~ tl a board S I - -S -a-1-I e ed as Sa G- � -u.Pa b- a e-p-a-i-n4ed on -vehicles parked -and visible from -the -RUB -Li -PecauTer-ty-a-n-d-ouster-nalzily-int-n orrna-l-day-toa such pp,� PROJECTING SIGN: /a��}� -y- - -a i d —p erp e n d i cpu� l a r s Y c h a man- e t 4e a d i n g e o e e �V �' y .. -�/.' 4�.t. M t. i ) � t✓ e - c o '! � a i e �lY. li�^�6rf-S""_ a Y e.� a.�7 Sd , ..r a _3Y"�M1 � a- bar , iv � � �, in or-w-LGon-si•d--=-a-@gpe of BU l -L. ; ° 1 G S l GN: REAL E A TE PROMOTION SIGN: A that identifies -dwellings or other STRUC J TE1 PO R —Y SIIGN that can -otherwise 23-D. 042 prernises S dwellings in -the SURD - construction shall not be cemo\ ed within t' ttl - a o) rrro` been sal -G -1, -whichever -i the p supported b- stop -es -1k; with s � with � NS ESSA 'tat ifo SIGN: Any o useo advertise, business, prov3 ae -remove be LV Qe sold. othe date o a e transported, includin A -or Tfr� 7 a, a F -l- t c v vh.va a �d-a -g-assage of d -to -the got limited men -u -a -Rd a 5,.e. L a- "a c— a a, ea a ass id vehicle is used to to, a-BUl-LDlN•G-of-wall in ace - -u-c- W -A -G r ris-es o -v-, -rernt -sT oonstruete-d. ThiE as indicated an -A -pp dix on-uctton" shad -n d after--ll-LOTS-o-r Off p•es SIQ NIS advertising SUe . 1 i l i e project or tir a a a n i LQ d ^ a ✓- ° the SugamSION have eriising site con-sr f,ction may-- -dh ayd du -4 upon issuance of a certificate of occupancy or -f -al ed in a d i-&tot-man- ' 6 residential -USES that C R r 0 e"'"Y-,� a y a or C'er @ (_mss lC9, �'��y r'; o-; ises whore %` y ,r�L �u pew. A- �' te., �pA'�N'/n - pa ,s3'�,r s "+.e Y ,� I y!yry, e 71 � y � -5tl �n e4 a doh ate, lT�l II,s'` e s p��'ii ah o a 'ao b' i 4d e a �. �1 1 6'd l,.ra R. i Od i d t 'fo A 9 P V �3 t3 1 -eqt 4r e e '4.r� 7 7 Es of 3. h! s Yaa+'�b" e ced and co al I xtendit ver the roof of a 4- N —G b e� ,� ke4 hest portion -of the roof. u aces roent from horizontal -shall - , ; a^otd _ rte._.. a ar- aoe-s-- evice, display, STRUCTURE or part thereof-. �uLatoc outdoors or i o s, and Oa-° di —e—attract—attention to an object, person, institution, organization, /i s`e, event or loo -motion by ;\,f writing (i n -c -wing any tor-Rbinati-o-n-of--a er, wor r number), pistecial represen4 a4inaid Rer -ation, figures, design, ol-e s✓, symbols -or deSai t a , p oduct, form (incluth g-sa p es-enorbling design tiat co -v -a e o-gnizable-ota r) o- -n y -per=t--= =eir-eof, or is written, painted, a`_ Sipon, shut ina printed, designed int .-, co ,'"-'mooted-e-r—ot er is --" used on or nea-r=a LDI NG, beard -plate o p n an" r aatacial object cq=ci-evict whatsoe-ver, w -hick y reason of its fore.. -7 to 4 -an an- of display, color, wor!4n stereoo d design or ra s-er ri led to attraet of -ion to th revises ch h ft --ins- qua . ;-or °4ate . mea -identification, athaisernetint or announcement that includes (or is specifically designed to include) lettered, pictorial, or 3 sculptured matter that is intended to convey information to people on a sidewalk, in a parking lot, on a PUBLIC STREET/ROAD or other RIGHT-OF-WAY, or on nearby property. such r `'1_ L r e r/ 5 {� (� I� off' r s 1 c A tL9 P 9!? A l e- 9 4 C VB '� p y 9 the R a � Y ,� � � Y� �h � �; � -� Y ��i-s--p-�---��+, � � lane � the-,Jv �i--��-�--,�-s--,�. � ,� Y Y��„tl��.��tln�,� ��-a-��- ,,tee r 6R �, rn ,�1, rte ay 0,41' p ,`1 r� o r� � '� •i,�, r�•p .� r� �l us -ad —Lo - _P r �7 P this a l� ^a /`�, II 1, C� �j �q �...� �' p� ,� �� -- e �� • �. Oval -piers, u u da Y Y �J H Y r- J -min!- in!-,'bru Y ,Ce rFi art' �l e.i us -ad— 5 th i s -N s e'se`�'-1 a s u k-� ';r, tkef i I —ia ss 'i Y e l 1/ l -G1 t tP�6 i,P�o' g it �4 Q rD J�� `l�•� f a �� rP t�i' a— • P s^ IGN e �IJR � Il Eu f�J(_' q rR, a d d, i 1— J� J e� 1 1> Y [ u`= u V s E ST d Y J Y b✓ a Ye l v �y e� Y �, u u `. a 1L Ord :1 i c,= f u '9 e-� �,'O,.,F , r , 5 r � �, �>�p�}��-�y.'/ry{...�5,'ryy�.'..ryr.� � � '��./��,W� ��y(p- a, .9 � �r�a.ry(.��A P � �9 ;�ryry1, d � T'1 �4. e- 6 s Y° 0~ 49 N Y mil i Y Y e Y Y 3 �9J p �aC 7 Rgrwav �6�� R Y V W1 Qd 9 tl •�.sd . `� �� '� � J r � y � @@@999"' ' � 'ems+„ ` � r ) , � � � r �-SE "Ems" owe -w -g,�c$!t4bet---c- - u ” e d�-fre h�.�s--y- e a ; � P n4S ne surface an a MaPrraer ti GPa - s C h-, f, C, s-i e - 1 r g , APO �� e C + t o �° l ! S wV h i --�r = 5-h, �- c - d` s P t�. . 2 -P d "far to r se4e" P o `i 4 P f `�" n 9 erinel i-G- '� g-4 J I t t _ p p'I y r` 'bY Y �y � �9 'OrfJ Y ] Ve 9 S i tl 'bd 0 "ate Ud m� Ce(� pp,��'�.��ggp'�� pl,�'�� sue, � r h�a-� S N. i�aJl f Y'6 b% 4 P J re tr �, 4 i S N sha. e -'R sus' l v yri aAa 4 e p-parpe-{,c d or r o'] .e Sit'` 4a coca to, QYu-F ass -o s tl as �` d d -and - cowa'ne—d- t II 0 i-w4 J U e 1-Y Y Y 0 C lS 1��1b-e- --'kG! n-- is t -d whieh-is s u rap l- emu- - ,Wp ��--1 D 6.6 fce. p ` ,gel 5 , WIND -ON SIGN: A� ` oGt; r -e, s of -! -i-r-aR Y aon abe ct,,- t - S 0,r - - ant, s -- U pCfl4 E 4-d40W- an, I-1-s-v-isi1 rpZONE �1� ��-1~~. 9��.l�I `a,+e-Y *�!' 'ham J Y 3.d ar same STR C1 R E . (LATrel innL < ess._ [All other definitions remain unchanged.] ARTICLE II - Procedures and Permits Division 3 - Site Plan Review Sec. 23-2-160. Applica rld ,quirements for site plan review. -“Si- a,. �L6) these , a4 S _a ,--BI-! , n mg -on a project on the Fae i,. r s e er-r _rf?a `7 is � �`' �l �I"l-rta� _ u�r a a� r f p • A— w2 —l1 Riu�!-C---rTuRE SIGN -goY:4—to communicate ` milms"i�iJ insSile a window or LC or mi P i L.s J d -v4 e- .-USES-w • . Any person wanting to a view shall arrange for a preapplication conference with the Department of Planning Serve The purpose of the application is to give the applicant an opportunity to demonstrate, through written an 'd graphic information, how the proposal complies with the standards of this Chapte The following supporting docents shall be submitted as a part of the application: • [AR through K. — No cha r F .] ed s I�j1La - , 81 �: i n ��tn1 to •� Y ` �tip�� tic opnasp- a -° , @ sha a in -dude (,qq� v-FefrYGS `� N S S1Y �YG Al `V S TII II d VY `es w th-1 u� A Y} , n l h 'G! dsVd 3 , f r t _ S _ 11 L 1 rP r era, a I I �' ' r° �j r/� r i °t aJ•� PC- e -of . � p Y � � u � s �u/ te+ '�a:s J � � u �, Y' i.ra � r � er a ""�,r a d— ' rota ' i- s --a- d DS -Dal -GS -and S-TR--L Rao t re -a -P be s n - Reserved [M. through V. - No change.] W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: [1. through 9. — No change.] 10. All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. 11. The l-ocation-drmsrisiens and-desk-� •D t-ances from LOT lines skia--be indicated. [Renumber subsequent items.] [Remainder of Section — No change.] Division 4 - Uses by Special Review and proposed SI-G-NS on the site. Sec. 23-2-240. Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. [1. through 11. — No change.] 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 anc Aoaenoixes 23 C, 23 D, anc 23 E of this Chapterr - -e-ss a waiver therefrom -Is -requested hi the ,application arm e: e w - - . ..... of the Use by Special Review Permit. Offsite SIGNS shall - Y' . fitted through the USR per itpcoeess. [Remainder of Section - No change.] Sec. 23-2-260. Application requirements. [A. - No change.] B. The following general information shall be submitted: [1. through 14. - No change] 15. A proposed plan fear -installation of desired SIGNS following the -s -n 23; 841 le IV, Division 2. [Renumber subsequent items.] [C. - No change.] D. Special Review Permit Plan Map. [1. through u h 4. — N o change.] g 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. [a. through b. — No change] c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: [1) No change.] 2) All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. [3) through 12) — No change.] 1-3) t` Te—Y a e e of any SIGN requiring l -1 -n -es shall be indd. [Renumber subsequent item.] [Remainder of Section — No change.] A. ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 2 Signs Sec. 23-4-60. Purposes, intent, and applicability. A. Thep . pis i -o u rag-e-`ecti se of StG- s means of c- mu ation ��n-flee �-d-Co-u 4y; to malt -and enhanceh-e- v - -a l-oe;f; idors the -Goan -Ws -ability to att'ras -sources of econoc i - eiopment any iscove pedestrian aR-d-traffic saf 4y; te-� -ni-ze the possible adverse effect of S0-GNS on noa�--b-y--p' lic ate: p-roperty; an44e--enable the fair a .l--eonsisten4--enforcement e$ -these SON—estrictione. More tat: fort -in this DMsion-ar-e intended to: a system -allow a variet;.r f types of S --in commercial -and industrial --ones and variety -o -f -St -G -NS in other zones, sub- ectfl-s-ta-n-da-a , the.-- n44 -p ed urea S 9 -G -N- 4h -at —are s m a I Imo- - s've, avid at——SE—of the e-speetI ve LOTS on -which are located, s --u ;ct to the s ubs4 n- e-r-eci-ur-e' .e - s of th i s -ion, but -without a requi men,r zoning apps c4 -3. Prohi;" -a-11- 4aN..ot express-, ge-rmitted by th} 4. Rrovicl'e-for she en -fore previsions of this Q 4si n - B No lN shall be erg. ', a -laced, esta l► d -p ,ir Ao-dc 3 d -e aS-ntain n uninco-Fp rated -We 'C e -s is i n conformance � e i—the—sta d a l-* , c d -exert i -s—p er .{req ° ��err ' s --o C - 1' T !� �.� d � y J � r' a � 'v !'ter d"�1 A. The purpose of this Division is to provide standards to promote, preserve, and protect the health, safety, and general welfare in the unincorporated lands`of -the COUNTY. B. These regulations are intended to: 1. Encourage the effective use of SIGNS as a means of communication, 2. Protect the safety Of pedestrians and motorists by avoiding excessive levels of distraction, 3. Maintain and enhance the appearance of the COUNTY by avoiding excessive levels of visual clutter, 4. Ensure S GNS-1n unincorporated Weld County are well -constructed and maintained, 5. Safeguard property values and promote economic development, 6. Minimize the potential adverse effects of SIGNS on nearby public and private property, and 7. Recognize rights of free speech by regulating SIGNS in a fair, consistent, and content neutral manner. C. No SIGN shall be erected, placed, established, painted, created, enlarged, or maintained in unincorporated Weld County, except in conformance with this Code. D. SIGNS erected or maintained by the COUNTY or the Colorado Department of Transportation shall be exempt from the provisions of this Division. Sec. 23-4-70. General provisions. NS shall --be permitted in the -various zoning cl-istrir- g-u4n -a4a l in is >�d BIf9 ordance 1E1i11°h i��i`d!� fry II6P�RR'l�t'`9�l' t�'�1� f(11'1 In � p' "rtices 3 i 23 -D -and i-1�i7 f -u �"+.i-i S✓-'l.a '�.+ i e �Y�4`L.i"Y-'Cs It C3� ��.11 L � i�Y-1-�' � vn. '+✓ l' �,d , i� �s! 23-7. o -S- �` L h-alI be strue rally ere -Lc -fret enIarged; oon�st-Poo- e' +e nrstc relocate -G e a -G & otherwise -altered without _ f --N- 4kning all required ouilding- ar- ts-f-corr-t-p-S-ec gA ing-1 ar, and, if &,,:e —° d nIng { -mom a f ro-mrtment of lan R - .es a4Gla C loa a o- af� = i-T-cann.../-n- - swecLe - o -r -n a -r 6he is 6 °sect e -n -o -f -an* TR- — R cd -i-,,A v,- y- n u a n -Re ( as to o _� F p d _clear Q;°�,Iyr Vp,s p,� r� G�� ,tea r� ^ Pa s p n a ul}floc` a -b A `�.{+�., s,(l/��yrr�`7l- on �.lrtl h d`w�,J! a 6 G h 'e d `..1.` s ob i-0 5 e e k E d d ass` 1 is'�Jd II ¢..fh�s ! 1 °ale f i h aJ r4s4s , +fix c- +� "�+I'a✓1 i. i o i illl 9 S (r`€ , t4 7 s O�' II o f t h . p &th n-, sh--ape 4 G t� -ay-i rfere with, obst-r�:�ct-� h w of or - confu� �b' h, any a g p ri - .- f "j ' �"A p��" �',} �� Er ,� �.A' �r S l .�, A' sa t p_� 6^� t �/"� I l e a S r�A,�''' ! fi�s"U 9 Y'i"B-un -t-t h s -id 4 C�a �7a �T 1f �! a {"o b,.a u h 07 V , a '—a' �r e . S G "'�`-'E71�at t..�! lid fee ✓ a is �a r� r e �a 6 e .,� the,�1 Ilh�.�� q`1 the st -dia e trig h gte. S -G -N S wh h a -4-p tia-I- pct Lraffic shall-love-Feviewal l,e-n aC W s a p h Calca - J -Qs nSen T ra o4 � h ► �� - C. ,'l--SAGN- to d e r ha -t r Cr crant-->ro P ;��ertl s express - °e - -r-ao-Revi '�`. " ��. � � A f � � ''�:' .� a Co 9 �� r� t? �' p � �tr ;r�e �. rr r..s. � ' ' � �0 � P a, �'. A� S � i - r.rm4� Lb��Wh-e Cofora - Qu a ent- f�a �spe Lion, =fah eree , �y s g y echar- '`q �i (�g 1`� S @ rr ed �..d1 A�`qr�" �pr�� 9'r� P �..a'e �" o �� s°'�l n t o 4" v f n a of '°' �'` .�.... A.. �(',e p p °+.A c r e ,(� �''"`.J'a''e � e. ��'�.r�,;.s'L.il-�'� il-'f-dT� i"h ��`�i"r u s o..✓"�i-,1'U`a �d-u b e a , �-�s''t4`'�.`"3-i✓i ''n.r�,v i � the rig h �`�ae' 5'�"V"i��.�Yl<-i �''�'-mss �� C�j , o.Y t. G�.�'- �}" -a -h h ay- in-- he CO N- D. Ali G am ' -7 ti a -3S A -el 0t ; , TEE sRECT-Q NeL4. -- iiti cerrtaici inform at ?-to-t-he S e e4 -o q .e--Z-LANF LOT. i S GN- e Bete - a _ RU AY [ay a graver-Rraaantakagencv co o - -ac di -resting traffic clex h p4 from ovis oa s i ° „WaN _ Snan-d cc mp one--n4s, 4gsupoarts, shall be k -.pt in a state g t 4 h an-a-nd an-nne w --a- n e. 'aRELAC V S I i1 shallf lam"`e-re,tt:pmed to, sand- ,- inta ed ,i in an -the -site, oc-it-slq-arl be Fam-em l t --e. A. SIGNS and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. S. Lighting. SIGNS that are electronically adjustable for lighting shall comply with the provisions of this subsection. Other SIGNS shall be brought into compliance with this subsection when any maintenance is conducted on the lighting system, including, without limitation, replacing bulbs and fixtures. „�fti +� arh d I s a e u 7�'�• rcn Lfl condition as or it - ' ctabThahS �/,�- L 1. The intensity of the light strce shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare. 2. The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is visible from any LOT ling on which the SIGN is located is prohibited. 3. Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three -tenths (0.3) footcandles in excess of ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall not cast illumination at a level exceeding three -tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. 4. SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection. C. No SIGN shall be erected within or extend over RIGHT-OF-WAY except by the owner of the RIGHT- OF-WAY. The COUNTY may remove and dispose of any SIGN within COUNTY RIGHT-OF-WAY without notice. D. If a LOT is located in more than one (1) zoning district, the more restrictive SIGN limits shall apply to the entire LOT. E. SIGNS other than FLAGS shall be stationary at all times. F. SIGNS shall comply with applicable state and federal regulations. G. The following are prohibited in all zoning districts in unincorporated Weld County: 1. Searchlights, flashing lights, mirrors, flames, smoke, or beacons used to attract attention to a business. 2. Flashing SIGNS. 3. SIGNS in a sight distance triangle, as described in Appendix 8-Q of this Code, or any SIGN that may be confused with a traffic control device and/or may present a danger due to its potential to interfere with, mislead, or confuse the steady and safe flow of traffic. 4. SIGNS within five (5) feet of a fire hydrant. 5. SIGNS attached directly or indirectly to trees, rocks, or anything not located on the same LOT as the SIGN. 6. BANNER SIGNS affixed to CARGO CONTAINERS, SEMI -TRAILERS, vehicles, or other movable objects. 7. PORTABLE SIGNS. 8. DERELICT SIGNS. 9. BUILDING SIGNS that extend vertically above the highest portion of the roof or parapet. 10. Any SIGN not in compliance with the provisions of this Division. Seen 23 o _ Deng -al 4he p° RRR sof -i I *i-on 2, c• ai-n-word -•an-d tFase s used herein shall be are )d defi-Reel. Sec. 23-4-80. S-ilgQ. - -stt -aSs Electronic message displays. Ie��q. � figures, �� `��q �� pry:" rr 1r—�/.�.(��,. r rr yq � r ,�"�/A �� ,ry. r�fio < i rr� �b •,�5 a � � �9�.)q4� • r��,, a r 5r n r ey��,P�, �a � P J!{�, /�y!� rr' l6ers, �-✓ es, '�Y V�4.r e Y `y,} o 9 e A e Y• tt '� 1s mai1 Y�Zlin eav! Y:.� -c�d� (nom? Y h. . i9.L B, `a . ekto o1 ., . e r a r y Sr I l s ecu-rely '' a da54 a. P SIGN Str n tee} r -�6 O'mssch an -le& remo°. -6• I S —e --a SI as a ss Aice :_ -gin€ cotter or thapri oA A A 9 �+' � A P A 1 qq � P a P ,may 5� y Su -G'• -dl pPe y ent o r `= - e t `e ��,JE_'�`'�` o_""tii f�l"� �'6+'i�V •4a i � � u.�` di •Es n � •es 3 a ,. �a t, �. e as 1.-r `'l � r �"�" � �ii �. Y� �' 4`9 P ..� f c r Y'1 � f °'�i•/=-'1 '` �' �J � b .� � 5� '� D. tern ane &QN� -� - structures �de� �I ��d n Y i -�f set n N f'G �'s-o- o f 1 er �l & e ' rr i '�'- , .� • m ��-�-�� de� �e � �,=--�-��-�-•� A �-a��. � 29 of -this �o-e.-e , All � �,��-�a-I- A urn,•�� ° G �� S s�--�-� sd�...�-n and cons Swiatto coga m w eethea4-Cede set4o4in sett'--in-4h is Cede, ter 29--o-4h is rode. Al! Q di� �� '1:ro 1� ,�.[� 7_"_•� a s 4, r e -R a°=`l� L e r 2 p A S a _e c. n- 5 �' r/ , p��.-n t u..�•,. � a �,-`.i'Il�i �-`+.��. 'T �•�+ �'�i��i �+ e'v� �� 3 a d'¢ � • � ��i e e s.s �a �a A N ��. i��J i'�,+"�� e. iJ A. ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. B. ELECTRONIC MESSAGE DISPLAYS shall not be located within five hundred (500) feet of any LOT zoned Residential, Estate, or PLANNED UNIT DEVELOPMENT with Residential or Estate USES or any incorporated LOT with residential USES, unless the ELECTRONIC MESSAGE DISPLAY faces away from the residential LOT. C. No more than fifty (50) percent of the area of a FREESTANDING SIGN may consist of an ELECTRONIC MESSAGE DISPLAY. D. No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the back of the SIGN shall be flush to the wall, rather than projecting. E. ELECTRONIC MESSAGE DISPLAYS shall be equipped with a malfunction display and the ability to automatically shut off if a malfunction occurs, shall have automatic dimmer software or ambient light monitors to control brightness for nighttime viewing, and shall comply with lighting provisions of this Division 2. The display of an ELECTRONIC MESSAGE DISPLAY, including its brightness, shall not change more frequently than every ten (10) seconds. ELECTRONIC MESSAGE DISPLAYS shall change only instantly or through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images. Existing ELECTRONIC MESSAGE DISPLAYS shall be brought into compliance with this subsection upon the effective date of the ordinance. Sec. 23-4-90. ge-w-p l of signs. v v v Regulations on the size and number Th-e ownere--a-p-p -cant a age ;t :or the -owner, shall prepare -a set- - firm. a%t-C ' $-P w°l_ W� -u ch p -I-a-n-s--sha-" l b -e i e�-aspa ��o p �-S epie Plan _ Re -'J se -b-y '�peo.al Rena F✓ iew _ P a;Y �7�➢-a 3 �i'n d -J Sna'i D+' r op-men"� Ma"jer r�nar u i � is 8 . �i t- e S4JaLt e, size, hale got , ma rls s ; s of lettering, a p r-anee ors an Inge ~ d-pe be set -out -in such cleans. The ral -n s h-a1l be s u -o -h-- flaNI-S--goon atru ct-ed--o- --m -n -i- ea l 5 i Witl—o n -1 ° Iii he- IGN— 1 e n-sae-GQU NT -Y — a -d-t h -a. be4or-the p u rp ass u -n gLha-rmany S visaark ' i ' hro ,g�, out a -p }e- . Fi e ,opment plans -shall node-- p c , - e nG-N -a-ns have -been een appwoved-- o -B- A al1C-aunty-Co4mmss -o-ners oNe n-rst, Aft -1 S A S , ,� �., Sad od and con -t- uted emate - �� p �- $ esn te to of -the site on ,�' hieh4h-e4GN-s 1-oca '- ��. eA II - era , b. Be us' 5 �N mated -the s Gtl 5'� same os, of siY 1-'JitaP to, tne main of 43 j -mate- sed on site rovuole. the de- i-g - rmony- A. Commercial (C) and Industrial (I) zones: 1. SIGNS on BUILDINGS in the C and I zones: a. SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet total on any given wall. b. BANNER SIGNS attached to walls shall not count tovvrd the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height. c. Area. On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten • (10) feet or less, in which case the area is limited to eighty (80) square Beet. On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to one hundred eighty (180) square feet 3. BANNER SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: 1. SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to eighty (80) square feet. 3. BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no morethan forty (40) square feet. C. Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Agricultural (A): 1. FREESTANDING SIGNS and BANNER SIGNS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A: a. Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN. b. Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height. c. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than twenty-five (25) square feet. 2. No SIGNS other than those described in Subsection C.1, above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A, except in accordance with Subsections D and E below. D. SIGNS on LOTS without a PRINCIPAL BUILDING, regardless of zoning: 1 Notwithstanding any provision in this Division 2 to the contrary, each SIGN on a LOT without a PRINCIPAL BUILDING shall be limited to sixty-four (64) square feet and not more than eight (8) feet in height, plus the SIGNS allowed in Subsection E below. LOTS without a PRINCIPAL BUILDING shall be limited to not more than one (1) FREESTANDING SIGN for each PUBLIC STREET/ROAD that the LOT abuts. 3. SIGNS located on a LOT without a PRINCIPAL BUILDING shall not be required to meet SETBACKS or OFFSETS as long as the entire SIGN and all its components are within the LOT. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. 4. SIGNS erected on LOTS without a PRINCIPAL BUILDING shall not be considered nonconforming once a PRINCIPAL BUILDING is constructed or placed on the LOT, at which time SIGNS on the LOT shall be brought into compliance with the regulations of this Code. E. Other SIGNS: In addition to other allowed SIGNS, each LOT may have up to five (5) SIGNS of up to six (6) square feet each. F. Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones. For the purposes of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries, and federal, state, and local government agencies. Sec. 23-4-100. Nonconforming signs. . h✓ egg � bit,Iis ° ° L ax s:e-n--A-pril 10, 2006, t &te of -the e re + .--a-pd aetmenfi 14s Divisie , may cO�t-i-R-Uin-e-xto st-M4e- faw-i- g Any legally established SIGN made nonconforming by adoption of or amendment to these regulations may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. A SIGN shall not be altered structurally or moved unless it is made to Comply with the provisions of threse-ceffdl-a on s this Code. The cl an -i-- . ,e r = t p . s _ ,Actin �g SIB. -N� R Yfl, 3 Y � u .� e.�0 �, Y s� Acting u � o� de ;oa fors h-- c, or eche repainting or reposting ofd play matter shall not be deemed a structural alteration. = T cwA &E-ea .9 X,L - stPng ac -April 10, 2006, one e° c-ive-4' -d re :ea9 areel . na-c-t-Men= N -S- a Gc 4 & t: ch S 1 d es --set Confefl isaare-efi may cent —in —e;; we — �N 04-a'-aMt USis, tr SCo -ue-dr -- d otre , --tt ha n _bed. < �e s a ' to se .-G:-tl i ' ilt. if'a y ^S.[�� 3 • ' s Pe. e Sri P?f r .J' ,r w �y..�.9, ''L is' era 'ro _ '^ t,�'�, cA o"'1iY^ IG t o the e n "�..h y �� . s'e i d � S �� j �a �-Y tl �."�-.�--14e' � `1d � IfiY-Y 4��.,- II Y u �71�/ 0 Y Y 'ate] , '�..+.d®V 4 � ��:. ��r' E�'p� )r.^,r 3 g�.:l �I �t� `4.J',tl `�'��C,/? , iS ie" the tl b.+ 'A.+ J� l U `�4 e Y � C� fifty per t-( , - Y e--af�� n-st- ua ion value or replacement Got of Y e- 5---N-befar ., it a d; h o m -moo hede-been cx&ept-ia _ conficaSth this Division. Arry--SiakNh-i-G-rS been4amag. t -c -an xte r-ss �j y5^ [lT `� f "ff ��y/`�. Y' � a Q p��,��Jlpl��I o%^ i � t ° C1 �'°',�'A � i° fP �py��y�rS' t} 1(;/��,' �.¢p py�'� . �y4 n, c�» ,•-q..p}+��,., eo p.� p.. [,gyp �,�rq�; . i �'�{� ,�.,;��yy 'S 1�- 2 1 F.L siotss � n4 ��' / V l ` iLth—�9--ZL-.✓� Ir s-tr ��dd 3 t II Y Y }C' a I e o F riotsp Y �`n.-.i ant c ' t -of -t S '�6' J � l49 efo re it was damaged rn r be—apad to the con-di-gn i n - vh oh— 4st- —p� r � d ! y as a -N-0-NCIaN F 0 RM-I--N-G,--U S -E o r. pr --d B. If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged. Sec. 23-4-110. Complitatibilt pf si n aria aid hey.. ht. A. Computations of area of V\h J -G S anc =s•ngle-faced SIGNS. The area of a SIGN face shall be computed by meals of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of thewfiting, representation, emblem or other display, together with any °Material or color forming an integral part of the background of the display or used to differentiate he SIGN from the backdrop or at, c STRUCTURE against which it is placed, but not including rry supporting framework, bracing or decorative fence or wall when -arch fe e r-walo ot? -rv4s . me-ets d , at-Ao-ons-an-el-is clearly incidental to the display itself. The entire area of the STRUCTURE of a FREESTANDING SIGN shall be included in the calculation of SIGN area, except that portion of a SIGN below a height of seven (7) feet if said portion contains no signage other than the street address of the property. B Computation of area of multi -faced SIGNS. The SIGN or a S4, -w4 more .:L�, (1) fa -Gs y, :h t- oe—a -- o --aa' -4 G N faces visi rom an-e-!i)- -i- When two (2)tl SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with an angle of less than forty-five (45) degrees between them, a - aegis- - of be vi-e-wedi-freesintrairt4he same time, a -S1- - e n suci SA-Gf maces--a-re part of _ the same SIGN -u `ee Er--ace-Rot m F ha -t y,,�- - (2-4)-i-Reh - °pat, the SIGN area shall be computed by the measurement of e (-l-) only the larger of the faces. For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart, each face will be included when measuring the area of the SIGN. For SIGNS attached to BUILDINGS, all SIGN faces shall be included. C. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Height limits for SIGNS shall not apply to flagpoles. Sec. 23-4-120. Requirements for setback, offset and clearance. A. he—QFFSET: for a4ksm or -fir an LFRE-S G Sa n PS from e.D G.E,N ten (10r-feet. The OFFSET fo g iGS sha. ' e -ten (1-0) feet, -c a e-h.e.i- of the �^� OFFSET d i e_d A`�o' �./ ...$'a"5 �^'� ' \.d . The �' E L 9 4't'��U h^ Ili�v' d �. i� �` �RS �� g D V t' E C T IQ N V 7 A r -Izf daa. ! ig-nom Di- :-@,-fit- h ll `��- � 4fi c- -)—f e ----s ro n the cur. -R-I- !L 4- -VVA "; i c h eve r is g,- —TT-.'S-E-TB GK -for an other �. The a --o mm, A-l--aaneLk d u 4- l--- o- e D4 s t r i ct s shall -be gQ AD RIGHT -OF- X, 1{. hIchet, -r-s-gF,. ar- if4Dr key i .i' r 9''n e -r OFF -'a" W C !' AL S a G N S1 u r SETBACK -for al_, ehe SREES- A-NDI '-a- G -G feet, or——he(1)footf e -iy}hh e(3)feetofSla The SETBACK for -a‘! FREESTAMPA- I G-S-I-G-ls twenty feet, le Si r`1 A _ a" . !`^ 4 p s n i, a '�+ s ie- G"a N R ^� Weak( VtiLay7 l-ne-ever a - walkway y shall be r -w- t -e f rrrrmp, nme-r-staland TAREF—TIR - d Aid` fSn e t or -future G H AY, w cN -eve one Distprpeate Zonees c- -s-ll--be aet-above the s ..gcraGe--f-e et above —the s wee of the 9ti Ncv i ay. - ter. The ()- A. Setbacks for SIGNS not on. BUILDINGS: Notwithstanding any other provision of this Code to the contrary, SIGNS ten (10) feet in freight or less maybe located anywhere on a LOT including on a LOT line abutting RIGHT -O -WAY as long as the enti' - S,IGN and all its components are within the LOT and as long as the SIGN complies with sight distant*requirements, as described in Appendix 8-0 of this Code. SIGNS greater than ten (10) feet in height shall be set back from all RIGHTS -OF -WAY a distance equal to the height of the SK3N STRUCTURE. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. B. OFFSETS: Notwithstanding any other provision of this Code to the contrary, SIGNS larger than six (6) square feet shall have a required QFFSET distance equal to the height of the SIGN STRUCTURE. An exception allowing a reduced OFFSET may be granted by the Director of Planning Services upon the submittal of a waiver on a form provided by the Department of Planning Services signed by the owner(s) of the LOT nearest the SIGN. C. SIGNS projecting ovea driveway shall have at least fourteen (14) feet clearance above the surface of the driveway D. SIGNS projecting over a walkway shall have at least nine (9) feet clearance above the surface of the walkway. R E. Flagpoles shall be set back from all property lines a distance equal to the height of the pole. ision 17 - Zoing Per n its for Certain Uses in the Agricultural Zone District Sec. 2344 205. Design standards. The applicant shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT: [A. through K. - No change.] L. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 drA e ie&s 23-C, 23-0, an-ei-2-a-E of this Chapter. [Remainder of Section - No change.] Sec. 23@4-1220. A;. pl ication requirements. The following shall be submitted as a part of a zoning permit appli [A. through B. - No change.] C. A Zoning Permit Plan of the property, a draft of which shall be submitted in is (.pdf) format and if approved shall be submitted on Myjp or other drafting media ap ed by the Department of Planning Services. The Zoning Peyr, ;Ian shall include, as applicble: 1. Existing and proposed STRUCTURES and the SIGNS, and approximate distances to the neares used in conjunction with the zoning permit shall mee [2. through 4. - No change.] 5. E xis ,e -a- - - ..f .a' [Renumber subsequent items.] [Remainder of Section - No change.] ARTICLE VII - Nonconfor. Sec. 23-7-4O. Noncon Where a lawful STRU or amendment of this Chapter t on area, LE, STRUCTU the folio E. R provisions: D. - No cha ough ram rto Section 23-4 [Repeal Append s and Strud r res e ions, including FREESTANDING erty lines. All STRUCTURES to be tent SETBACKS and OFFSETS. ffefive date of adoption of the ordinance codified herein d not be butt 'under the terms of this Chapter by reason of restrictions is location on the LOT or other requirements concerning the rue to exist so long as it remains otherwise lawful, subject to 0 for regulations on NONCONFORMING SIGNS. 23-D, and 23-E.] TE- TYPE AND ZONE - M- T ✓'fzrr :Cr •� �'Y t "t t /J,/ ask may' ✓, r,:; / , <,, .Jl ��,':., „4rv' i.. < s Yr � /.H3 f/ ¢¢%.rn .>f .' X' ,+1 .'� sro > ��,y. ¢. ){.• !% k i i . r .J'*'.- `-3 . < L7 '! , / / / s �' £he y �.. ;; , erl, ✓i ry s.q !+¢.- � �' � .".f.. ).✓ .r., >w. w. � :.c � 5v. as ( ( /: a .. ..-XQ . � _ - ..y . ,. .�. r /. .i >ro._ .:).�"%i.%'13. !- ,4N bx' G �i'�.:� ',.1'- .>, g, .. . � .< v • r�� „/ Yr w :.M / ,� as'n„iy ../ rte' . >;�� ,.v I r � . � w. .l " ... .-. BANNER SIGN ne ne — . no yyeslzyes/z., y.s S/s ye-SLZ. yeSAZ yeS4 BILLBOARD (not no R -O R; i-o- s/a yest-z 1/ z yesbzye-s4,z,yes-4 440 allowed in PUD) BUILDING SIGN no no ne ne Re no yes4 y yes/ yeaLa yes/a yes/a y BUILDING yes yesYes yes ``V� yes yes yes Yes yes Yes Yes yes CANOPY SIGN 9 J'i.f no V Pre- i CJ 1 V -ic 3Ies n 1-7 ,i. /e tz ye -Biz 1 te t 9 yes/z L yes _ yes/L DEVEL©RMENT y ss4, e"' yesh ;e- iz- yesiz me th_ `' " ',' = f SIGN yes -/-z- Yesiz ) --,iz yesk FLAG yes yes yes -'y� yesEs i,.„,-,„-yes Yes a yes yes yes FREES A 9 9 no e s ? yes-,-t-z.y s 4 SIGN ye y- yes/ IDENTIFICATION yes yes _ Gs yes ' Yes �•vJ yes yes --Fa, yes yes J SIGN yes ye �' Yes YJ y+�"�v�`J yes INCA L y ve_sia. .1 ye_c_ita yesie s+ + Sr�� yes ye -g-- `v`� es yes SIGN yL—s yes yes OFF SITE yesi_z_ v -re, no e no Re yeOle yes -4 ' ye -Sir y�6Y7 .:?6/r'Y&S.r4 yerenta-J`'v SIGN4Rett allewed 6n PUD) SIGN ra yes ye es 1 f' If n ter br yes a S. Yes yes yes REAL ESTATE yes4 9'C97 VC9+ �Ai Oct)'C G S /7 Ye€4. 11 f,-.�rL�= /� `1. z. 'V V'O aO"S 4Q SIGN - Ye yesiz RESIDENTIAL y s r-5 yes yesyyes � e i9' Pve Be; SI-CQ SUSPENDED no -2-0, no -o- 'J�K /i 6u13-'rv�/'' ia? 21 -e -91-Z- 21-G yaL y, > . T E k'1 ® r1 e R4 yes yes y' -T9 yes Yes N ^�' '� , °4`.c'_.`s Yes yesyes yes yes WINDOW SIGN Re ^r? R0 .Re ti v' �3Y+¢SIGN Yst," 6 Yas Re ne a , ,..' BEACONS - -FS°- -MS , E N-! A-N-�--874-n-c 'b u •S i 'lam' N R• 14 L u� e D st n a y u ,. > , m r) dwta,. R J r gyp' R7 '.ti ex ,tom V /� �" n s ay- / -- n n Y Seau t .' 3 11 '!� `� ��b'�V :I� t.�, 9 g *& 'i - 17-3 4�' r • u 9 ` s= S`-�' P �, L.0. Bi - r -c9 +16f e Tl��n i fP,P� I 01 .: 6.d r l u P'J G �Cr e J� Flr7T'i „see:, ri e �0 rd i c .1✓a�eery-- '` ' m a �'�i d..0 4✓�-- 0 i h` .tea-Zi= 4s' ` ' II y !� st i e Dtst`� /.. I((p1[��q�flnl y7k h - p/'1p�7 ?��1}y� (,!� ! !,/� .I 3 b U ,w,C U 4 U ca r a9 . ad S od L� a - r aY � • -re, -l+ p ,gym t f .. -. ! �I c f L �'. tom, t..� L Y L - I�-Y C�I II �5. C :.4 6£3 _ �" R es Eri7 _'I G Iry��J^�'{1I1�1^� l� rlt—Y� t. .. 1- 1� ,pp-p'n`pyp�� 2 11 YY Y Y Y J ii' 6YAY ^ �,� ��? � d"1 v- ., II II �A - td‘...,--•LillDi-141:41(2-1, 0`'mo kgd 4 x �� 9 fo d 4 46 -"V .! _ 0 P ik f .ei d n �,�N4/5! tl u V Sc ! LJ e�f'6 l—Zene 1 ups r INS ,N / . fl r �, a, nn E S s Qtcu a S � ti ' _ l ii-i� �� ' PARKS J V u't r� a '`Re~�-C L a1 e , �� u r� � � , •i �ir &rsod 6 s n - U-- � �% �• n �M --P- o —'rtl D rail ears be u S4 -a daU Q art., Y it 0 c\,- -.. .0 ._' V '- ! c V Y r t w,„ t_ + s' ti- ! S� Y' �� Such IaJ_�°� '�•°s��.�' � t 0 1 !, fl r�-�,, a,�..�"`. 1- � C,a' '�.� . B 1/ 1�` �S' C✓ 6 lei- 11 d U -� .�1 Z=,sr•`t> a b� L � �� Su-am-El-84I� �i �J e wi p ! � � R; 17 f^ -eV d'u . � d � �" : n 4 � • i i'Z NO h SIG f�a p ed u c -44S 4S~ e a4- BY ZONE DISTRICT AND TYPE -N----- ' NLANWRare..,0\fN WI ARE ` XI-Mal H--! r3 T S ; - ,- BANNER -SIGN r ZONE LOT 40 sq. ft. BILLBOARD (not e T. N 300 sq. ft. /-10 ft. allowed in PUD) BILLBOARD shall be located less than 500 ft. from any other BILLBOARD or OFF SITE DIRECTIONAL S I -G -N- BUILDING SIGN No limit �. . ,-- n r +harp the top sum of all BLS DING sr V e oc11 e=` r BUILDING SIGNS which requires _ _,; o of that BUILDING -MARKER 4-frer BUILDING 4 sq. ft. ` „r CANOPY SIGN 1 BUILDING face 10% of the vest -Lc -84 per , t surface of the canopy whichever is smaller DEVELOPMENT SIGN 1 PLANNED UNIT C &-----x-=50 ft. all C & I 25 ft. all others — DEVELOPMENT, par der sq. ZO 32 sq. ft. 8 ft. Minor or Major reS.-- Subdivision FLAG °`ZO NE LOT A,R,&E 15 sq. ft. A7-R,&E 15 ft-. tit y, . ,� , ,a totem C;141 14 INS - 30 ft. total , . . FREESTANDING-S A, it 01 A - 16 sq. ft. C & I 25 ft. �"E y ` `��jY 4. X if 4 -1 C&I-150sq. ft. A-6ft. .Q.6.&1 ZONE -L.,OT-r1 per eac-, INS 32 sqHift, INS 15 ft. per r I each d i- een-t d per frontage, whithever is greater. IDENTIFICATION er t ant Iocate4 2 sq. ft. A -ti- SIGN within the BUILDING INCIDENTAL Si NIA N/A NA OFF SITE C, I & A - 1 ZONE C & I 300 sq. ft. C & I /'10 ft. DIRECTIONAL SIGN LOT. No per signoff SITE A 150 sq. ft. A 30 ft. DIRECTIONAL SIGN (not allowed in PUD zoning) shall be located less thaw 500 ft. from any other BILLBOARD or OFF SITE DIRECTIONAL SIG -NIT POLITICAL SIGN No limits No limits No limits - 4 fL sat 12 f ° ` 9 -��---I—pep/0414c S PM `mot i—E a � d a jj SI d a s - < �s 7" f a� d'i q . ce 5 . a --+T n -9'c ri f --s f ti , R Eki �� \ I� _ �+ B ror-i.�.�� n 8 q'"'! t e-\ o -.`=a —e � al -Y �4.. PROMOIa--g E— J !i IN fe .J 3 a S!I 6� 'ad - J ll`Cd Y b.+ �.,✓ a Psf (ice f'=�� , ;e ", I ¢*,9 ¢�� uus'� n..?ii a 1 C° d_C �- r- s -1�,! +a•' 6>r ds) it vie J'�t d u � 4 3` a a y 3 rN' i 1,4-n. Id ®�'v i Y'�5- f 'LS ul r Y JI_ r 'k r T _i__„ 6 ft. IC �Ci�S.1i .ice �a J -- Ji i . WII PaN 141-A N IA NIA 25% of eta { " "7'' Jr d-' f e d a a` V II -ALT -Fla E'er A.E:1 l i G� /._. B O G 2 S �..'�i G am/ r ti a `a -. f1 'As e e a e '6.r < y e ,,, Y Ifµ _1 G 3cJ I Lv. Y hsT �L �R' j� � . � - f --j C" e inn... 'ilk. Y' iC 1al I"" lea'-�+ 9 if ��,, i r gg .�? A� I I I P 1'i - �d 6 _ d ors r ..;7x n_tl _.� i+ I tl�6p� d- 1� t. n. iir i- owl A-ce'-RufC I e -d Home • R'eo c' • ' II •� eI Itsa ��(�0 ', "+v' d �I y� �� tar -hood r ,a n . 9 / ,o h t� 1 7�b J4�.t ✓d 4'r 1'�J �>.,• .. G met cial Z strict `aa'G 9�ia}akY rCo I'�.xr`D '^✓ •�,},�`�� commercial — {�II//'��?pp``�y/�+a^+ t i 4 .��jII.`��p `�'1 U u \y.^ Q 'QJ':'.: J�s�/Q.. (/�^�� ` Y. r.! ��'�`• Y'JJ • ♦a4•t I' o s 'o: a l Zone D the t z<, C` a 1 4. Lies hft Ind trial Zone ' -Dist Orlon Eu� d��y q •. / s -e rriLit yes er y it— r‘z J rinuil o u� y 5 '�aJ i e®u l J✓ 'I , v a i f e d C. sc �s v a �-U ,—awl a•+ � iii 9 lC d," ieet d e— V '� e miU ' a d5 9 ch a\ e " d.E � R� � I �i. U`� y� � � I� � ,� �, ?a ��? (�� t i�'�F"a �'�i� �i I t— pr ,, M ' j v�' '�a•`�,.y :. �. i. '; i.rl\6, a�� ' �7 'V9 i_Y��ni� Q I°'` r o c� _lr�" f �/`� jg B `� �a `� `"' d"° au s e ,`� ~d`''am�e t. t-(� Q"!�-1�f`�L`'+�d . siel rn3' g &'b a"'' e r . '�' tr 6 ", k° I P ¢ he G -s A f" _ a froma' ' r • he n r.. v r: ";,• )/. 5Lk! S +S�Y ,. N 3fy per .;..' ! e e - ne ne no -M sleCHAIN n om. - �, flfllf V Q � V ,cm -� L F-- to no S V.113 $- . s ; cca yes co y Ale yes •f p �"I>q{ �,!,Jp�.,r5li pqb �'rr` L�.+�., no ne �. ((�� p.�. Yes ',� ( t �,�.p �, g yp* P .I it -`3lgpy�'pev II tl 1 l S A tl Y 1 f 6f1 5 Y� 'Od YI i My 1 1 6d' �Y� tCi.ryes e� ,J .-e S .i yet ..dd" tj J p Illumination, External' Illumination, Exposed Bulbs or Neon yes no no a y yes �s yes no no no Yes no Yes yes 149 yes Yes pro Yes no Artiriela no yes no Yes no �>�e sl�� I � � District R4 Low ReSi t n-e District -Density O District -up , -- _esiden4ial-Zone •sue Medium lezntia!! Zone -District -Dens' High Residential Zone Distz R_44 -Density Manufactured Home Rosid _ Zone Estate e District -4, yr v�1 r A � ��. hood Cornrnerci ; C-3' Zone Dist siness-Commercial a 4 Highway Commercial Zone District y.. t Zone . ... iselatg-ct --1-n ..-ra! ., e -I- diurn-I-.R rr, - strict X -k„! _,,� ar • LA v .d.q�rc ��yyYswo r,.zT� Jf' .r Y�' ,. INSAi[��pfi G � 0 r, .�• � � ��g rYnm �y1 �`lSY�`; .. ', E 83... D//gyp' {�n^�' ��y,��1 C PARKS stitu ` { ytl�.� _.. 9 �� - -^ _ �uov s Y.: .� aW' fig,- s vm� a <S(!k �' �-� k+'Lrk .N _ -Yv - .. ' ,i ,�/Jgp�,��j�{� 17 II 1, �< 0 <r e E� ± a I p n d Residential �'� f..+e i 1 � o ._. 4d ��^�� 9 -Zone y_� G� e b 9 L3 Districts i velopmen--t-(RUQ) Zcn-a p t vilta t s 449e aS -Planned • h I Less otherwise v �e ek ," �t evi �.aaa o „�„{ r7 Cheryl Hoffman From: Sent: To: Subject: Attachments: Kristine Ranslem Tuesday, September 7, 2021 10:10 AM Cheryl Hoffman FW: Sign Code Changes Draft sign code update 9-7 in code order.docx From: Jim Flesher <jflesher@weldgov.com> Sent: Tuesday, September 7, 2021 9:01 AM To: Kristine Ranslem <kranslem@weldgov.com> Subject: RE: Sign Code Changes Attached is a Word version rearranged to code order with more instructions for MuniCode in italics. Let me know if you have questions. Tip: As you may know, if you use ctrl -F and click on Headings, there's a link to each section heading on the left. Please keep the heading styles so we don't lose this. Thanks, Jim Navigaticn Search Coctitinera Headings Rages 11I...TI Results .A Wehi CcunDraft Sign Code Update ARTICLE - General Provisions Selz. 23-1-90. - Definitions. ARTICLE iii Procedures and Permits Division 3 - Site Plan Review Sec 23,-2-160, = Application requirements for site plan review. i • From: Kristine Ranslem <kranslem@weldgov.com> Sent: Tuesday, September 7, 2021 7:58 AM To: Jim Flesher <Ilesher@weldgov.com> Subject: Sign Code Changes 14 B - ARTICLE I - Ge Sec. 23 -1 -90 - The followinc letters, shall have Arnend the fallow BANNER St Hi Jim, When you have a chance, could you please send me the changes you have proposed to the sign code? Thank you! Kristikte asZew, Planning Technician 1 Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 (970)400-3519 kranslem@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 DRAFT 9/7/2021 Weld County Draft Sign Code Update Deletions in strike -through. Additions in ARTICLE I - General Provisions Sec. 23-1-90. - Definitions. yellow highlight The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: [Amend the following definitions.] BANNER SIGN: Any SIGN that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts, or wire, or hung on walls with ties, clips, rails, rivets, hooks, or frames. DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind, or other natural causes, or is in a state of general dilapidation, deterioration, or decay resulting from vandalism, animal infestation, or lack of maintenance " proper or lack ^f maintenance, vandalism ELECTRONIC MESSAGE DISPLAY: A SIGN or a portion of a SIGN with a display surface composed of light -emitting diodes (LEDs) or similar light sources and capable of displaying varying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. FLAG: 7 0 7 . Any SIGN made of fabric attached to a pole and having a width approximately equal to twice its height. NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this Division Chapter, but which was lawfully established prior to the time of its applicability. PORTABLE SIGN: Any SIGN greater than six (6) square feet that is 7 designed to be transported, including but not limited to SIGNS designed to be transported by means of wheels; 7 operations of the business. SIGN: Any object, device, display, STRUCTURE or part thereof, situated o 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 Page 1 DRAFT 9/7/2021 pr sign j g s —a#ra oI icy i�r��I If e�i. 'lea � � � adv—aP Qmerort that includes (or is specifically designed to include) lettered, pictorial, or sculptured matter that is intended to convey information to people on a sidewalk, in a parking lot, on a PUBLIC STREET/ROAD cr other RIGHT-OF-WAY, or on nearby property. [Delete the following definitions:] 411J SIGI� ti ng to del�-- -feet-or scene. BEA'aC, - --I u a is it; surfac SIGNS. plant i c o on t1 m -s that Wit -ate —or move: of movement, rot ati o T1 tei anent material aa of, of -at str c t protective cover over a doer, e this chapter. A inclicaUvl-afr-tikm, and not a -C SURD ON. P A e GbABLE COPY LADED S f =service t Ate a GNS and WALL a -G- Ott cc EAB soh the only cooy that changes id-tern-its/0 or cal -I -s attentio 7 n f PO a 11 9 r rrthute o i-c or m ire" portion or J Page 2 DRAFT 9/7/2021 window: [All other definitions unchanged.] ARTICLE II - Procedures and Permits Division 3 - Site Plan Review Sec. 23-2-160. - Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, hw the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: [A through K unchanged.] L. Reserved. r and receive a building [/1 through V unchanged.] W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: 10. All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. 11. 161 [Remainder of section unchanged.] Division 4 - Uses by Special Review Sec. 23-2-240. - Design standards. (Renumber 12 through 17 as 11 through Page 4 DRAFT 9/7/2021 A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. [1 through 11 unchanged.] 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 and Appendixes 23 C, 23-D, and 23-E of this Chapter, Commissioners as part of the Use by Special Review Permit. Offsite SIGNS shalt not be [Remainder of section unchanged.] Sec. 23-2-260. - Application requirements. [A unchanged.] B. The following general information shall be submitted: [1 through 14 unchanged.] 15. (C unchanged.] D. Special Review Permit Plan Map. [1 through 4 unchanged.] 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. [a and b unchanged.] c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: [1) unchanged.] 2) All existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. [2) through 12) unchanged.] 13) lints shall be indicated. (Renumber 14 to 73.] [Remainder of section unchanged.] ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 2 - Signs Secs 23-4-60. - Purpose, intent, and applicability. Page 5 DRAFT 9/7/2021 thout a requirement for zoning approval. Sas 1 exemptions and • her requirements of this Division. A. The purpose of this Division is to provide standards to promote, preserve, and protect the health, safety, and general welfare in the unincorporated lands of the COUNTY. B. These regulations are intended to: 1. Encourage the effective use of SIGNS as a means of communication, 2. Protect the safety of pedestrians and motorists by avoiding excessive levels of distraction, 3. Maintain and enhance the appearance of the COUNTY by avoiding excessive levels of visual clutter, 4. Ensure SIGNS in unincorporated Weld County are well -constructed and maintained, 5. Safeguard property values and promote economic development, 6. Minimize the potential adverse effects of SIGNS on nearby public and private property, and Recognize rights of free speech by regulating SIGNS in a fair, consistent, and content neutral manner. C. No SIGN shall be erected, placed, established, painted, created, enlarged, or maintained in unincorporated Weld County, except in conformance with this Code. D. SIGNS erected or maintained by the COUNTY or the Colorado Department of Transportation shall be exempt from the provisions of this Division. Sec. 234-70. - General provisions. SIGNS shall I Page 6 DRAFT 9/7/2021 Planning Services and the Colorado Department of Transportati-on. D. A S GNS, except B LL OARDS „Rd—OFI a --contain F. All S stru ocation where, by of or be confused a of sou rance. established on the site, or it shall be removed from the site. A. SIGNS and components, including supports, braces and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. B. Lighting. SIGNS that are electronically adjustable for lighting shall comply with the provisions of this subsection. Other SIGNS shall be brought into compliance with this subsection when any maintenance is conducted on the lighting system, including, without limitation, replacing bulbs and fixtures. The intensity of the light soul ce shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare. 2. The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is visible from any LOT line on which the SIGN is located is prohibited. 3. Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three -tenths (0.3) footcandles in excess of ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall not cast illumination at a level exceeding three -tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIG T -OF -WAY. 4. SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection. C. No SIGN shall be erected within or extend over RIGHT-OF-WAY except by the owner of the RIGHT-OF-WAY. The COUNTY may remove and dispose of any SIGN within COUNTY RIGHT-OF-WAY without notice. Page 7 DRAFT 9/7/2021 D. If a LOT is located in more than one (1) zoning district, the more restrictive SIGN limits shall apply to the entire LOT. E. SIGNS other than FLAGS shall be stationary at all times. F. SIGNS shall comply with applicable state and federal regulations. G. The following are prohibited in all zoning districts in unincorporated Weld County: 1. Searchlights, flashing lights, mirrors, flames, smoke, or beacons used to attract attention to a business. 2. Flashing SIGNS. 3. SIGNS in a sight distance triangle, as described in Appendix 8-Q of this Code, or any SIGN that may be confused with a traffic control device and/or may present a danger due to its potential to interfere with, mislead, or confuse the steady and safe flow of traffic. 4. SIGNS within five (5) feet of a fire hydrant. 5. SIGNS attached directly or indirectly to trees, rocks, or anything not located on the same LOT as the SIGN. 6. BANNER SIGNS affixed to CARGO CONTAINERS, SEMI -TRAILERS, vehicles, or other movable objects. 7. PORTABLE SIGNS. 8. DERELICT SIGNS. 9. BUILDING SIGNS that extend vertically above the highest portion of the roof or parapet. 10. Any SIGN not in compliance with the provisions of this Division. Sec. 23-4-75. - Definitions. Sec. 23-4-80. - . Electronic message displays structure. B. Any operable or removable parts of a SIGN, such as a service opening mechanically affixed lettering, logo, insignia or message, shall be securely fastened or b the design requirements set forth in this Code. A. ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. Page 8 DRAFT 9/7/2021 B. ELECT' SNIC MESSAGE DISPLAYS shall not be located within five hundred (500) feet of any LOT zoned Residential, Estate, or PANNED UNIT DEVELOPMENT with esidential or Estate USES or any incorporated LOT with residential USES, unless the ELECTRONIC MESSAGE DISPLAY faces away from the residential LOT. C. No more than fifty (50) percent of the area of a FREESTANDING SIGN may consist of an ELECTRONIC MESSAGH DISPLAY. D. No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the back of the SIGN shall be flush to the wall, rather than projecting. E. ELECTRONIC MESSAGE DISPLAYS shall be equipped with a malfunction display and the ability to automatically shut off if a malfunction occurs, shall have automatic dimmer software or ambient light monitors to control brightness for nighttime viewing, and shall comply with lighting provisions of this Division 2. The display of an ELECTRONIC MESSAGE ISPLAY, including its brightness, shall not change more frequently than every ten (10) seconds. ELECTRONIC MESSAGE DISPLAYS shall change only instantly or through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images. Existing ELECTRONIC MESSAGE DISPLAYS shall be brought into compliance with this subsection upon the effective date of the ordinance. Sec. 23-4-90. - the size and number of signs. . . �I illumination and location shall be set out in such plan� gulations on . Such plans shall be included as part of any Site Plan Review, A. Commercial (C) and Industrial (I) zones: 1. SIGNS on BUILDINGS in the C and I zones: the m-ai-n bu+ldang materials used a. SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of one hundred fifty (150) square feet total on any given wall. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/RAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. Page 9 DRAFT 9/7/2021 b. Height. FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height. c. Area. On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to eighty (80) square feet. ii. On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to one hundred eighty (180) square feet. 3. BANNER SIGNS in the C and I zones: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. B. Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: 1. SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two -dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall. b. BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall. 2. FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN. b. Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height. c. Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to eighty (80) square feet. 3. BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES: a. Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN. Page 10 DRAFT 9/7/2021 b. Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height. c. Area. BANNER SIGNS shall be limited to no more than forty (40) square feet. C. Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC OWNSITES zoned Agricultural (A): 1. FREESTANDING SIGNS and BANNER SIGNS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A: a. Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN. b. Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height. c. Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than twenty-five (25) square feet. 2. No SIGNS other than those described in Subsection C.1, above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A, except in accordance with Subsections D and E below. D. SIGNS on LOTS without a PRINCIPAL BUILDING, regardless of zoning: 1. Notwithstanding any provision in this Division 2 to the contrary, each SIGN on a LOT without a PRINCIPAL BUILDING shall be limited to sixty-four (64) square feet and not more than eight (8) feet in height, plus the SIGNS allowed in Subsection E below. 2. LOTS without a PRINCIPAL BUILDING shall be limited to not more than one (1) FREESTANDING SIGN for each PUBLIC STREET/ROAD that the LOT abuts. 3. SIGNS located on a LOT without a PRINCIPAL BUILDING shall not be required to meet SETBACKS or OFFSETS as long as the entire SIGN and all its components are within the LOT. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. 4. SIGNS erected on LOTS without a PRINCIPAL BUILDING shall not be considered nonconforming once a PRINCIPAL BUILDING is constructed or placed on the LOT, at which time SIGNS on the LOT shall be brought into compliance with the regulations of this Code. E. Other SIGNS: In addition to other allowed SIGNS, each LOT may have up to five (5) SIGNS of up to six (6) square feet each. F. Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones. For the purposes of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries, and federal, state, and local government agencies. Sec. 23-4-100. - Nonconforming signs. Page 11 D AFT 9/7/2021 10, 2006, the effective date of the repeal , ® subje tot fo�lowing• Any legally established SIGN made nonconforming by adoption of or amendment to these regulations may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of these regulations this Code. The! of tham suable -p its of existing I that is repainting or reposting of display matter shall not be deemed a structural alteration. reenactment of this Division, although such SIGN does not conform to the provisions hereof, ever, if such NONCONFORMING USE is di-s-co-ntEr provisions of this Division. restored except in co less tha it was damaged may be restored to the condition in which it existed previously as a NONCONFORMING USE prior to its damage. B. If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged. of the SIGN before it Seco 2344 Oo oCompuitatSne of &o .n area and h N hto A. Corn putatio ms of area of e° r S do -1 er- SIGNS. The area of a SIGN face shall be computed by means of the smallest square, circ e, rectangle, :riangle or combinatio thereof, that vvHD encompass the extreme limns of the writing, representation, e ^ blem or other display, together vtdth any maternal or color forming an integral p11 of the background of the display or used to d i% entiate the aiGN froinl the backdrop or e STRUCTURE against wr ich it is placed, but not including any sL pportr framework, bracing or decorative fence or wa: wh I,Ie. r Ise R , e ��n >�d. 4e --a4: clearly nciden,all to the display itself. The entire area of the STRUCTURE of a FREESTANDING SIGN shall be included in the calculation of SIGN area, except that portion of a SIGN below a height of seven (7) feet if said portion contains no signage other than the street address of the property. Computation of area of multi -faced SIGNS. TI !gr kaarr la o e !d'ti`e a i c3iy r� o �, ( n if P� om; Rt. When two (2) SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with an angle of less than forty-five (45) degrees between the -"` 1'�h � l�i"l� _� t be C .w r�gr r� i r u �n s�m��..1l "pm o �, them, � �, "1 `�'��r�r� �d�,' 'tai C�t'fi n�'L �� tit u �l � -� v. o' u 0 �'� & 4E e— % sum �a me SI a - tee —r m r rr ii sv` the SIGN area shall be computed by the measurement of only the larger of the faces. For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart, each face will be included when measuring the area of the SIGN. For SIGNS attached to BUILDINGS, all SIGN faces shall be included. Page 12 DRAFT 9/7/2021 D. SIGNS projecting over a walkway shall have at least nine (9) feet clearance above the surface of the walkway. E. Flagpoles shall be set back from all property lines a distance equal to the height of the pole. Division 17 - Zoning Permits for Certain Uses in the Agricultural Zone District Sec. 23-4-1205. - Design standards. The applicant shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT: [A through K unchanged.] L. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 [Remainder of section unchanged.] of this Chapter. Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: [A and B unchanged.] C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. Existing and proposed STRUCTURES and their dimensions, including FREESTANDING SIGNS, and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETCKS and OFFSETS. (2 through 4 unchanged.] 5. Existing and proposed signage. (Renumber 6 and 7 as 5 and 6.] [Remainder of section unchanged.] ARTICLE VII - Nonconforming Uses and Structures Sec. 23-7-4 - Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT COVERAGE, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: [A through D unchanged. Add E.] E. Refer to Section 23-4-100 for regulations on NONCONFORMING SIGNS. [Repeal Appendices 23-C, 23-D, and 23-E.] Page 14 DRAFT 9/7/2021 C. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at founoation to the highest point of the SIGN STRUCTURE. Natural grade shall be construed to be the lower of (1) existing grad prior to construction, or (2) the newly established grad, after construction, exclusive f any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Height limits for SIGNS shall not apply to flagpoles. Sec. 23-4-120. Requirem ants f A. B _ T e OFFSETS for all C. The -SET STRE feet is green -F: /1 LLBOA bra 4 r setback, offset, and clearance. IS t n gr. o; -a — -all he mow future ETBACK for all other tiucal-Zone Dist QF-WAY, whichever eanine (9) fee the wal Say. A. Setbacks for SIGNS not on BUILDINGS: Notwithstanding any other provision of this Code to the contrary, SIGNS ten (10) feet in height or less may be located anywhere on a LOT including on a LOT line abutting RIGHT-OF-WAY as long as the entire SIGN and all its components are within the LOT and as long as the SIGN complies with sight distance requirements, as described in Appendix 8-Q of this Code. SIGNS greater than ten (10) feet in height shall be set back from all RIGHTS -OF -WAY a distance equal to the height of the SIGN STRUCTURE. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY. B. OFFSETS: Notwithstanding any other provision of this Code to the contrary, SIGNS larger than six (6) square feet shall have a required OFFSET distance equal to the height of the SIGN STRUCTURE. An exception allowing a reduced OFFSET may be granted by the Director of Planning Services upon the submittal of a waiver on a form provided by the Department of Planning Services signed by the owner(s) of the LOT nearest the SIGN. C. SIGNS projecting over a driveway shall have at least fourteen (14) feet clearance above the surface of the driveway. Page 13 DRAFT 9/7/2021 SIGN T R-4' I-3 BANNER SIGN ne ne ne ne ne ne ne Yes/2. Yew Yes/ yes/a Yes/ yes/s yes/s yes/4 BILLBOARD (not allowed in PUD) n e ne ne no ne ne no Yes/ yes/s Yes/4 yes/ yes/s Yes z yes/a fie BUILDING SIGN n e ne ne ne ne ne no Yes/ Yes/ yes/s Yes/4 Yes/₹ BUILDING MARKER Yes Yes Yes Yes Yes yes Yes Yes Yes Yes yes yes Yes Yes Yes CANOPY SIGN no ne ne no ne ne ne yesiz Yes/4 Yes/4 yes/s yess Yes/z yes/4 ne DEVELOPMENT SIGN yes s yes/₹ yes/s yes/a yes/ Yes/- Yes/- yes/s yes/ yes/ Yes/₹ Yes/ Yes/- yes/z Yes/4 HAG yes Yes Yes yes Yes Yes yes Yes Yes yes Yes yes Yes Yes Yes FREESTANDING SIGN yes ne no ne ne no ne yes/s Yes/₹ yes/₹ Yes/2. Yes/4 Yes/4 yes/₹ Yes/2 IDENTIFICATION SIGN Yes Yes Yes Yes Yes Yes Yes yes Yes Yes Yes Yes yes yes yes INCIDENTAL SIGN Yes/a Yes/ -a yes/a Yes Yes Yes Yes Yes Yes yes Yes OFF SITE DIRECTIONAL SIGN (not allowed in PUD) yes/ ne no ne no ne ne Ye -4z Yes/s yes/z yes{s ne POLITICAL SIGN yes yes Yes Yes Yes yes yes yes Yes Yes Yes Yes yes Yes Yes REAL ESTATE PROMOTION SIGN yes/ -z Yes/₹ yess Yes/z Yes/ Yes/4 yes/4 Yes/4 Yes/ yes/ Yes/4 Yes/s yes/ yes}4 yes/4 RESIDENTIAL SIGN Yes yes yes Yes yes Yes Yes ne ne ne ne ne ne ne ne SUSPENDED SIGN ne ne ne ne ne ne ne Yes/₹ yes/ -a yes/s yes/s Yes/z yes/s Yes/s yes/s TEMPORARY SIGN Yes Yes Yes Yes Yes Yes Yes Yes yes Yes Yes yes yes Yes yes WINDOW SIGN ne ne ne no no ne ne Yes Yes Yes Yes ne ne ne ne BEACONS, ROOF SIGNS, PENNANTS, inflatable, tethered balloons, PORTABLE SIGNS and strings of light bulbs used for COMMERCIAL purposes other than traditional holiday decorations arc not allowed in any zone district. KEY TO ABBREVIATIONS A Agricultural Zone District Low Density Residential Zone District Duplex Residential Zone District R3 Medium Density Residential Zone District Page 15 DRAFT 9/7/2021 R-4 High Density Residential Zone District R5 Manufactured Home Residential Zone District Estate Zone District Cl Ncighb C2 General Commercial Zone District C3 Business Commercial Zone District €-4 Highway Commercial Zone District 1-4 Light Industrial Zone District Medium Industrial Zone District t4 H avy Industrial Zone District INS Institutional CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC Planned Unit Development (PUD) Zone District shall be evaluated by the underlying USE(S) unless otherwise stated YES Such SIGN is allowed without prior zoning approval YES/Z Such SIGN is allowed only with prior zoning approval NO YES/A No COMMERCIAL MESSAGE of any kind allowed on SIGN SIGN TYPE NUMBER ALLOWED BANNER SIGN 1 per ZONE LOT /10 sq. ft. BILLBOARD (not allowed in PUD} 1 per ZONE LOT. No BILLBOARD shall be located less than 500 ft. from any other BILLBOARD or OFF SITE DIRECTIONAL SIGN. 300 sq. ft. /10 ft. BUILDING SIGN No limit On a given wall, the sum of all BUILDING SIGNS which require a zoning permit shall not exceed 8% of that wall's sq. ft. No higher than the top of the BUILDING BUILDING MARKER 1 per BUILDING 4 sq. ft. CANOPY SIGN 1 per BUILDING face 10% of the vertical surface of the canopy or 25 sq. ft., whichever is smaller DEVELOPMENT SIGN 1 per PLANNED UNIT DEVELOPMENT, Minor or Major Subdivision C & I 150 sq. ft. all other zones 32 sq. ft. C & I 25 ft. all others 8 f€ Page 16 DRAFT 9/7/2021 FLAG 1 ZONE LOT A, R, & E 15 ft. total A, R, & E 15 ft. per sq. C, I & INS 60 sq. ft. total C, I & INS 30 ft. FREESTANDING SIGN A, INS 1 ZONE LOT. C A 16 ft. C & I 25 ft. per & I 1 ZONE LOT, 1 sq. C & I 150 ft. A 6 ft. per 500 ft. sq. INS 32 ft. INS 15 ft. per gash of road frontage or 1 ach sq. per different road frontage, whichever is ater.* gr IDENTIFICATION SIGN 1 tenant located 2 ft. 4 ft. per the BUILDING sq. within INCIDENTAL SIGN N/A N/A N/A OFF SITE DIRECTIONAL C, I & A 1 ZONE LOT. C & I 300 ft. C& I 40 ft. SIGN (not allowed in PUD per No signoff SITE sq. A 150 ft. A 30 ft. DIRECTIONAL SIGN sq. zoning) shall be located less than 500 ft. from any other BILLBOARD OFF SITE or DIRECTIONAL SIGN. POLITICAL SIGN No limits No limits No limits REAL ESTATE 1 access single 48 ft. 12 ft. PROMOTION SIGN (On per public or double faced sq. each Premises) REAL ESTATE 2 or double faced; /18 ft. 8 -ft PROMOTION SIGN (Off single have landowner sq. ach Premises) must min. 300 ft. permission, spacing RESIDENTIAL SIGN 1 ZONE LOT 1 ft. 6 ft. per sq. TEMPORARY SIGN 1 ZONE LOT A, R, & E 4 ft. A, R, & E 6 ft. per sq. C,I&INS 8sq.ft. C,I&INS 8ft. WALL SIGN N/A N/A WINDOW SIGN N/A 25% total of window area KEY TO ABBREVIATIONS A Agricultural Zonc District R4 Low Density Residential Zone District R2 Duplex Residential Zone District R -B Medium Density Residential Zonc District R-4 High Density Residential Zone District Page 17 DRAFT 9/7/2021 R5 Estate Zone District Cl Neighborhood Commercial Zone District C2 General Commercial Zone District C3 Business Commercial Zone District C-4 Highway Commercial Zone District I-3 Light Industrial Zone District 4-2 Medium Industrial Zone District 4-3 H ivy Industrial Zone District INS institutional CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and Planned Unit Development (PUD) Zone District shall be evaluated by the underlying USE(S) unless otherwise stated. * SIGNS calculated by road frontage must be constructed in the 500 feet of road frontage or on the different road frontage, they may not be grouped. SIGN TYPE A R1 R2 R3 R-4 R -B € C1 C2 C3 C-4 1-4 +-2 4-3 INS ANIMATED no ne no no no no no no no no no no ne ne ne SIGN CHANGEABLE ne ne ne ne no no no yes yes yes yes yes yes yes yes COPY SIGN Illumination, ne no no no ne no no yes yes yes yes yes yes yes no Internal` Illumination, yes yes y yes yes yes yes yes yes yes yes yes yes yes yes yes ExtcrnaI Illumination, no ne no ne no ne no no ne no no no no no no Exposed Bulbs or Neon A Agricultural Zone District R-1 Low Density Residential Zone District Page 18 DRAFT 9/7/2021 R2 Duplex Residential Zone District Medium Density Residential Zonc District R-4 High Density Residential Zone District Manufactured Home Residential Zonc District Estate Zone District €4 Neighborhood Commercial Zonc District C2 General Commercial Zonc District C3 Business Commercial Zonc District C-4 Highway Commercial Zonc District 1-1 Light Industrial Zone District 1-2 Medium Industrial Zone District 1-3 Hgavy Industrial Zone District INS Institutional CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and Planned Unit Development (PUD) Zone District shall be evaluated by the underlying USE(S) unless otherwise stated YES such SIGN is allowed NO such a SIGN is not allowed * TEMPORARY SIGNS may not be illuminated. 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