PLANNING COMMISSION COMMUNICATION FORM. FROM: Tyler Gibbs, AIA, Director of Planning Services (Ext. 244)

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1 AGENDA ITEM #3 PLANNING COMMISSION COMMUNICATION FORM FROM: Tyler Gibbs, AIA, Director of Planning Services (Ext. 244) DATE: May 8, 2014 ITEM: Portable Signs _X ORDINANCE RESOLUTION MOTION DIRECTION INFORMATION REQUESTED ACTION: Amend Ordinance to allow Portable Signs in Designated Commercial Districts within Steamboat Springs. Amend definition of Bus Stop Signs EXECUTIVE SUMMARY: Community Development Code section prohibits all portable signs in the city of Steamboat Springs with the exception of temporary real estate signs which are allowed only when an open house is in progress. Many cities throughout the United States prohibit portable signs, often broadly referred to as sandwich boards due to concerns for safety and aesthetics. A proliferation of unregulated signs placed on public sidewalks may present an impediment to pedestrian movement potentially inhibiting easy access to businesses. Carelessly placed portable signs may also create a potential liability for the business or the City if someone is injured by an obstructing or wind-blown sign. In addition, a proliferation of poorly conceived or poorly executed signage throughout the public environment may result in a cheap and junky impression that becomes a deterrent to visitors and shoppers, especially in a resort community renowned for its beauty. Nonetheless, the prohibition of portable signs is perhaps one of the most frequently and deliberately violated ordinances in Steamboat Springs and many other cities across the country as well. 3-1

2 During the summer of 2013 the City adopted temporary provisions allowing portable signage to be placed on public sidewalks and within the City s right-of-way throughout the community. This was done at the request of the retail business community with support from the City Council. As a part of this new opportunity there were minimum requirements that applied to all portable signs within the City limits. The City s liability insurance provider, CIRSA, has indicated that signs on the public sidewalk may be considered a safety risk due to the possibilities of pedestrians tripping or the sign becoming displaced and causing damage to persons or property. Given the City s awareness of this possible hazard CIRSA has advised the City to take appropriate precautions to avoid risk. While providing information, a proliferation of sidewalk signs can become an impediment to pedestrians and create a cheap and junky impression. Simple, creative signs placed outside the primary pedestrian walkway can contribute to downtown vitality. While the concerns for public safety and aesthetic quality are real, the perceived benefit and desire for portable signs among businesses is also undeniable. The City of Steamboat Springs has sought to find an appropriate balance that can introduce portable signage into the Downtown streetscape in an effective, safe and attractive 3-2

3 manner. Recognizing that Downtown business owners continue to press for the use of this type of signage, the City therefore proposes the following amendments to the Community Development Code: Proposed Sign Code Revisions Sec Prohibited signs. Remove portable signs from (a)(2) (a) Prohibited signs in all zone districts. The following signs are prohibited in all zone districts: (1) All signs without a valid permit or revocable permit where one is required, or signs that are otherwise unlawfully erected or maintained. (2) Commercial roof signs, bench signs and, bus stop signs, portable signs as defined in this CDC. Sec Sign definitions Remove Sandwich Board Sign from definitions. A portable, self-supporting signwith one or more faces. Generally this is a temporary sign used to advertise merchandise, service, price specials or events. Sec Sign definitions Revise Portable Sign definition and add definition of bus stop sign Portable sign. As sign that is not permanent, affixed to a building, structure or the ground. Examples of portable signs include sandwich boards. Portable Sign: Any sign that is not permanently affixed to a building, structure, or the ground but is intended to be placed on the sidewalk, ground, patio, planter or other area of the streetscape in proximity to the business frontage. Portable signs do not include signs attached to vehicles or trailers. Bus stop sign: Any commercial sign attached to any bench, shelter or other accessory associated with a transit drop-off or pick-up location. Signs providing transit schedules, local way-finding directories that do not include commercial promotions and informational signs pertaining to local history and culture are exempted. 3-3

4 Sec Commercial signs Delete current definition: 9) Sandwich board/easel signs. The use of sandwich board signs and easels is prohibited on property located in the Commercial Yampa (CY), Commercial Old Town (CO) and Commercial Neighborhood (CN) between Third Street and Eleventh Street. In the districts, defined in section 18-2, of Mt Werner Road, Highway 40/South Lincoln Ave and West Highway 40 the use of sandwich boards may be permitted only through the application for a variance approved by the board of adjustments. If such variance is granted, a revocable permit shall be required for all such signs with the right of way. Replace with new definition and standards: (9) Portable Signs: Portable signs may be permitted in the CC, CN, CO, CS, CY, G1 and G2 zone districts in accordance with the following Standards. Intent: To accommodate portable signs that enhance the quality and creativity of business promotion, way-finding and community aesthetics without compromising public safety. Portable Sign Standards Businesses shall be allowed one portable sign per street frontage. All portable signs placed on the public sidewalk right-of-way must have a revocable permit. Portable signs may include text and/or graphics, including changeable chalked messages. Portable signs that include 3-dimensional, iconic and sculptural forms artistically representing business identity, products and other appropriate themes are encouraged. Portable signs shall not exceed six (6) square feet per sign face, a height of four (4) feet from the average elevation of the ground, and thirty (30) inches in any horizontal direction. Creative variations, such as sculptural figures or iconographic images are encouraged. Dimensional variances may be considered by the Director to encourage creativity and confirm that potential obstructions or hazards are avoided. Signs shall not be allowed to create a potentially hazardous situation or impede the flow of pedestrian traffic. Six feet of clear passage must be maintained between any portion of the portable sign, including sculptural components, and any other obstruction in the public sidewalk, including but not limited to trees, lights, benches, trash receptacles, outdoor seating, planters and similar features. Portable signs must be located immediately adjacent to the building frontage of the business being promoted, as close to the building as possible if placed on the 3-4

5 public sidewalk, or on private property if available. Signs on the public right-ofway must be securely tethered to the building face by means of a cable or chain anchored to the building with clip or bolt and allowing no more than six (6) inches of space between the building and sign. Signs on private property must be similarly anchored to a building, built-in planter or other permanent structure as specifically designated in the permit to avoid becoming a hazard. Portable signs may not be anchored to another sign structure. All portable signs must be appropriately weighted or restrained to resist strong winds. Businesses that do not have direct street frontage (such as second floor or lower level locations) may place portable signs either on private property or on the public sidewalk immediately adjacent to the property within which they do business. Tenants must have the property owner s permission to apply for a permit for a portable sign. Proof of property owners permission must be submitted, in the form of a letter, at the time of application for the revocable permit. Portable signs may only be in place during the hours that the business is open to the public and must be removed and stored inside the business at all other times. Standard, mass-market sandwich board signs are strongly discouraged. Custom signs that are unique to Steamboat Springs or to the local business are strongly encouraged. Bright anodized aluminum, plastic and unfinished lumber are prohibited. Steel, finished wood and other materials suitable for outdoor use are acceptable frame materials. Sign face materials may include chalk board and printed materials on all-weather surfaces. Sculptural components may be of any material suitable for outdoor display. Signs shall be maintained in good order and appearance and shall be either removed or replaced if determined by the Director to be in a state of disrepair. Sec Variances Delete: (b) Sandwich board sign variances. The board of adjustment may grant sandwich board variances to this chapter consistent with the following guidelines: (1) Signs will not exceed six (6) square feet and will not exceed a height of four (4) feet from the average elevation of the ground. Sandwich board signs will be permitted on private property only. 3-5

6 Such signage will be debited against the total allowable signage for the building or use. (2) Signs should be informative, creative and aesthetically acceptable. (3) Business must provide a hardship based on unique and geographic characteristics of the property. (4) Signs will not be allowed to create a potentially hazardous situation or impede the flow of pedestrian traffic. (5) Only one sandwich board sign per business will be permitted if a variance is granted. (6) Signs will be located upon the premises of the business or activity to which it refers at a location approved by the board. (7) Variances will not be granted which would allow any business use an unfair advantage over any other business use. (8) Any addition to an approved sandwich board sign, i.e. balloons, lights, tinsel, etc., is expressly prohibited and will result in immediate revocation. (9) Sandwich board signs must conform to subsections (a) and (b) Sec Violations, penalties and enforcement No Change. This section is included and highlighted simply to call attention to existing enforcement provisions that will be utilized to ensure that the opportunity to legally display portable signs is consistently administered. (e) Enforcement procedures for article IX. (1) If the director finds that any sign is in violation of the provisions of Article IX Signs, she/he shall give written notice to the sign owner and/or owner of the property or business on which the sign is located. Such notice shall be sent by regular mail, postage prepaid, to the address for such owner as shown in the city's business and occupational license records or the records of the Routt County Assessor, or personally delivered. Notice mailed in accordance with this subsection shall be conclusively presumed to have been properly delivered and received. As an alternative to a mailed notice, such notice may be personally delivered to the property, business or sign owner. If such sign, business or property owner fails to repair, alter or remove the sign so as to comply with Article IX Signs within seventy-two (72) hours after the mailing of the notice (if such notice is mailed) or within twenty-four (24) hours after service of such notice (if such notice is personally served) or within such other time as is specified in such notice, the director 3-6

7 shall institute proceedings to enforce this article pursuant to subsection (b) of this section. No written notice shall be required with respect to any violation of Article IX Signs which occurs within twelve (12) months after the sign owner and/or owner of the property has once been given written notice of any violation of Article IX Signs. In addition, the director may cause any sign located on public property including street rights-of-way not brought into compliance with this article after the service of the notice described above to be removed by city officials (removal of signs by the city shall only be ordered after direct consultation between the director and the city attorney). Signs removed by the city from public property shall be deemed abandoned property and may be disposed of by the city. The city shall not be liable to the sign owner for damage to or loss of any sign removed pursuant to this subsection. (2) If such sign, business or property owner fails to repair, alter or remove a temporary sign so as to comply with Article IX Signs within seventy-two (72) hours after the mailing of the notice (if such notice is mailed) or within twenty-four (24) hours after service of such notice (if such notice is personally served), the director shall institute proceedings to enforce this article pursuant to subsection (b) of this section. (3) In the case of signs advertising real estate for sale or lease in violation of article IX any complaint, notice, and/or summons to municipal court shall be issued only to the real estate company owning or using such signs. A. Attachments a. CDC Section Prohibited Signs 3-7

8 Sec Prohibited signs. (a) Prohibited signs in all zone districts. The following signs are prohibited in all zone districts: (1) All signs without a valid permit or revocable permit where one is required, or signs that are otherwise unlawfully erected or maintained. (2) Roof signs, bench signs, bus stop signs, portable signs as defined in this CDC. (3) Any signs, lights, rotating disks, words, spotlights or other devices including both illuminated and highly reflective signage which the director, director of public works or director of public safety determines would obstruct or hamper the vision of bicyclists or motorists using any street, private driveway, or approach to any street intersection, or would obstruct or interfere with the effectiveness of any traffic sign, device or signal. (4) Signs, lights, rotating disks, words, and other devices that may be erroneously construed as governmental signs or emergency warning signs. (5) Any sign that obstructs or interferes with free passage from any fire escape, downspout, window, door, stairway, ladder, or opening intended as a means of ingress or egress or providing light or air. (6) Any sign placed in a corner sight triangle as determined by the director, director of public works or director of public safety, or on any curb, sidewalk, post, pole, hydrant, bridge, tree, or other surface located on, over, or across any public street, right-of-way, property or thoroughfare, unless specifically authorized by this CDC. (7) The tacking, posting, or otherwise affixing of signs or bills of a miscellaneous character on the outside walls of buildings, barns, sheds, trees, poles, fences, benches, bus stops or other structures, and visible from a public way, unless specifically authorized by this CDC. (8) Any sign that pertains to a business, profession, commodity, or service that is vacant, unoccupied, or discontinued for a period of six (6) months or more, or any sign that pertains to an event or purpose that no longer applies, shall be ATTACHMENT 1 3-8

9 (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) deemed abandoned. An abandoned sign is prohibited and shall be removed by the owner of the sign or the owner or tenant of the premises. Off-premises signs, unless allowed by an approved master sign plan as outlined in section All flashing, blinking, animated signs and signs with auditory commercial messages, with the exception of holiday decorations within sixty (60) days of any civic, patriotic, or religious event. The public safety director may prohibit certain holiday decorations if he or she determines that they pose a threat to public health, safety and welfare. Any sign that extends above the elevation of the roof behind it; and any sign that extends above or beyond the roof behind it when viewed from any point in the public right-of-way; with the exception of gas pump canopy signs. Vehicle signs, or vehicles that are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to use the parking of the vehicle to advertise a product, service or activity or direct people to a business or activity. Beacons or searchlights, other than for emergency aviation purposes. Photographically projected copy such as motion pictures, film slides, holographs or other similar images. Interior illuminated awnings or canopies. Flags, pennants, or balloons with a commercial message. Vending machines that are internally illuminated and visible from the public right-of-way. Pole signs. All internal illuminated signs, as defined in section