4800 West 92nd Avenue Westminster, CO 80031

City Government

 

11. Sign Regulations

PDF version 

08/12

CHAPTER 11
SIGN REGULATIONS

11-11-1: LEGISLATIVE INTENT
11-11-2: DEFINITIONS
11-11-3: GENERAL SIGN PROVISIONS
11-11-4: SIGNS NOT REQUIRING PERMITS
11-11-5: PROHIBITED SIGNS
11-11-6: TEMPORARY SIGNS REQUIRING PERMITS
11-11-7: PERMANENT SIGNS REQUIRING PERMITS
11-11-8: VARIANCES
11-11-9: ENFORCEMENT

11-11-1:  LEGISLATIVE INTENT:  (2534)  Whereas, it is the intent of the regulations herein set forth to recognize that signs are a necessary means of visual communication for the convenience of the public and to insure the right of those concerned to identify businesses, services, and other activities by the use of signs; and

Whereas, in order to meet this intent, it is necessary to limit those signs that are accessory and incidental to the use on the premises where such signs are located; and

Whereas, to provide a reasonable balance between the right of an individual to identify his business and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices; and

Whereas, to insure that signs are compatible with adjacent land uses and with the total visual environment of the community; and

Whereas, to protect the public from hazardous conditions that result from signs that are structurally unsafe, obscure vision of motorists, and/or compete or conflict with necessary traffic signals and warning signs; and

Whereas, to promote an overall visual effect that has a minimum of overhead clutter; and

Whereas, to recognize that the size of signs that provide adequate identification in pedestrian-oriented business areas differs from that necessary in vehicular-oriented areas where traffic is heavy, travel speeds are greater, and required setbacks are greater than in pedestrian areas; and 

Whereas, to encourage signs that are well-designed and compatible with their surroundings and with the buildings to which they are appurtenant; and

Whereas, to recognize that the expeditious and reasonable elimination of certain existing signs not in conformance with the provisions of this ordinance is necessary to the public health, safety, and welfare and to the protection of the visual environment, as is the prohibition of new signs that would violate the provisions of this ordinance.  

11-11-2:    DEFINITIONS:  (2534 2862 2881 3018 3328)  The following words, terms and phrases, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: 

“Abandoned Sign” shall mean a sign, including its structure, that no longer identifies or advertises a business, lessor, service, owner, product or activity, and/or for which no legal owner can be found.  An abandoned sign is hereby declared to be a public nuisance.

“Animated” shall mean any sign or part of a sign that changes physical position or light intensity by any movement, rotation, illumination or other means, or that gives the visual impression of such movement, rotation, illumination or rotation. 

“Awning Sign” shall mean any sign painted, printed, attached, or otherwise applied to any facet or support structure of an awning.  

“Awning, Internally Illuminated” shall mean any awning lit by means of a light source that is within an awning that is constructed from any, but not limited to, translucent or opaque material.  

“Banner Sign” shall mean a sign made of fabric or any non-rigid material with no enclosing framework.

“Canopy Sign” shall mean a structure of rigid or non-rigid material on a framework sheltering an area or forming a sheltered walk to the entrance of a building. 

“Changeable Sign” shall mean a sign that is designed so that the words, letters, figures, design, symbols, fixtures, or copy can be changed or rearranged without altering the sign face or sign structure in any way. 

“Construction Sign” shall mean a temporary sign announcing subdivision, development, construction, or other improvement of a property by a builder, contractor, or other person furnishing services, materials or labor to said premises.  A “construction sign” shall not be constructed to be a “real estate sign” as defined by this Chapter and shall contain only the project name, developer, architect, builder, and/or consultants, lender, and opening date. 

“Directional/Informational Sign” shall mean an on-premise sign giving directions, instructions, or facility information and that may contain the name or logo of an establishment, but no advertising copy (e.g., parking or exit and entrance signs.)  Such sign may contain a logo, provided that the logo may not comprise more than twenty percent (20%) of the total sign area. 

“Double-Faced Sign” shall mean a sign with two (2) faces back-to-back. 

“Exposed Neon” shall mean a neon sign in which the neon tubes are not covered by an opaque shield. 

“Gasoline Pricing Sign” shall mean a sign displaying only the prices of gasoline, uses only internal scrolling or magnetic mechanisms,  does not contain a light emitting diode (led), and whose message does not change more often than twice in a twenty-four (24) hour period.

“Illegal Sign” shall mean a sign that does not meet the requirements of this Code and that has not received legal nonconforming status.

“Illuminated Sign” shall mean a sign lighted by or exposed to artificial lighting, either by lights on or in the sign, or directed toward the sign.

“Illuminated Awning” shall mean any awning lighted by or exposed to artificial lighting, either by lights on or in the awning, or directed toward the awning.  

“Institutional Uses” shall include church, public or private school, college or university, fraternal or civic association, municipal building, hospital, or convention center. 

“Maintenance” shall mean the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter in any way the approved signage.

“Marquee Sign” shall mean any sign painted, printed, attached or otherwise applied to any facet or support structure of a marquee. 

“Monument Sign” shall mean any sign that is anchored to the ground with a monolithic base and is independent of any other structure.  

“Nonconforming Sign” shall mean any sign that does not conform to one (1) or more applicable provisions of this Code, but that was lawfully erected and maintained, or approved in an Official Development Plan, prior to the applicable provision or provisions.  

“Off-Site Commercial Directional Sign” shall mean a permanent ground sign intended to direct vehicular traffic through the private roads or easements of a regional shopping center to a commercial establishment. 

“Owner” shall mean a person recorded as such on official records.  The owner of property on which a sign is located is presumed to be the owner of the sign, unless facts to the contrary are officially recorded or otherwise brought to the attention of the City. 

“Portable Sign” shall mean any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. 

“Projecting Sign” shall mean a sign, other than a flat wall sign, that is attached to and projects from a building wall or other structure not specifically designed to support the sign. 

“Public Property” shall mean any property, real or personal, owned, leased or licensed by the City, county, State or federal government, including public rights-of-way, and for which the right to possess and control such property has not been legally surrendered, granted, licensed, or conveyed to a private person or entity. 

“Real Estate Sign” shall mean a temporary, non-illuminated sign indicating the availability for sale, rent, or lease of a specific lot, building, or portion of a building on the property upon which the sign is located.  

“Roof” shall mean the outside top covering of any building or structure.

“Roof Sign” shall mean a sign that is mounted on the roof of a building, or that is wholly or partially dependant upon the building for support, and that projects above the highest point of a building with a flat roof, the eave-line of a building with a gambrel, gable, or hip roof, or the deck-line of a building with a mansard roof.

“Sign” shall mean any object, device, flag, display, structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including, but not limited to, words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.  

“Sign Area” shall mean the entire sign face, including the advertising surface and any framing, trim, or molding, but not including the supporting structure.  The sign area shall be measured as a rectangle, encompassing the largest horizontal width and largest vertical height.  

“Sign Copy” shall mean the graphic content of a sign in either permanent or removable words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.

“Sign Face” shall mean the area or display surface used for the graphic message.

“Sign Structure” shall mean any combination of materials to form a construction for the purpose of attaching, fixing, or otherwise supporting a sign, whether installed on, above, or below the surface of the land, a building, or any other solid surface.

“Sign Height” shall mean the vertical distance measured from the highest point of a sign to the lowest grade beneath the sign.

"Subdivision Identification Sign” shall mean a monument or wall sign identifying a recognized subdivision, condominium complex, or residential development. 

“Temporary Sign” shall mean a sign constructed of either rigid or non-rigid material, and physically attached to, or freestanding on, the ground or any improvement thereon, and designed or intended to be so attached or freestanding impermanently for a limited period of time.  

“Traffic Control Sign” shall mean any temporary or permanent sign erected and maintained by the City, county, State or federal government for traffic direction or traffic control; designating the location of or providing directions to any school, hospital, historical site, or public service, property, or facility; or for warning or informing pedestrians or motorists of any matter related to the operation, maintenance or condition of any public street or public right-of-way.

“Under Canopy Sign” shall mean a sign suspended beneath a canopy, awning, ceiling, marquee, or roof overhang. 

“Wall Sign” shall mean a sign fastened to or painted on the wall of a building or other structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign.  

“Warning Signs” shall mean any temporary or permanent sign for warning or informing the public of any hazardous, dangerous or unsafe condition of any public or private property. 

“Window Sign” shall mean a sign installed on a window and intended to be viewed from the outside.

11-11-3:  GENERAL SIGN PROVISIONS:  (2534 2862 3328)

(A)    Sign Permit Required:  Except as otherwise provided by Section 11-11-4, W.M.C., it shall be unlawful for the owner, manager, or occupant of any property located within the City of Westminster to erect, maintain, or permit the erection or maintenance of any temporary or permanent sign on such property without first obtaining a sign permit through the following procedure: 

(1)     An application for a sign permit shall be filed with the Community Development Department and must contain the following information, unless waived by the Community Development Director or his/her designee. 

(a)     An elevation of the proposed sign, drawn to scale, showing the sign that is proposed to be erected and the message that it will carry.

(b)     The color scheme and construction materials of the sign.

(c)     A plot plan showing the location of the sign on the property. If the sign is to be attached to the face of the building, the elevation shall also show the outline of the building.

(2)     If, after review, the City staff finds the sign to be in conformity with this Code and the Building Code of the City of Westminster, and any applicable Official Development Plans, a sign permit shall be issued. If the application is denied, the Community Development Director or his/her designee shall inform the applicant of the reason for denial. 

(3)     An application for a sign permit shall be accompanied by the appropriate fee as required in Section 11-9-3(E), W.M.C. 

(4)     Any person installing, structurally altering or relocating a sign for which a permit has been issued shall notify the City upon completion of the work.  The City may require a final inspection, including an electrical inspection.

(B)    Measurement:  In determining the size of any sign, the following procedure shall be used:

(1)         For signs involving individual letters that are placed flat against the facade of a building or that are to be supported on individual standards and that will be freestanding, the area of said sign will be considered to be that of a single rectangle or square encompassing all of the letters used to convey the message of the sign, and shall include the open space between letters of words within that square or rectangle.   

(2)         For signs, either freestanding or facade mounted, with background material, the area measurement shall be determined by the area of the entire sign, including the background material.

(3)         For all two- (2) faced freestanding or projecting signs, the area measurement shall be determined by measurement of one (1) face of the sign only.   

(4)         The height of any sign shall be determined by the distance between the topmost portion of the sign, or the structure supporting the sign, whichever is higher, and the elevation of the ground at the base of the sign or its structure or support.

(C)    Altering or Moving Existing Signs:  A new permit shall be required prior to moving an existing sign from one (1) location to another or altering a sign in any manner, other than for normal maintenance.  An alteration to an existing sign that requires a new permit includes, but is not limited to, a change in text, height, size, shape, construction material, or lighting.

(D)    Lawful NonConforming Signs:  Any legal, nonconforming sign that exists prior to the adoption or amendment of this Code may be continued, subject to the following provisions:

(1)         No such sign shall be enlarged or altered in such a manner as to increase its nonconformity; however, any sign or portion thereof may be altered to decrease its nonconformity. 

(2)         If any such sign or nonconforming portion thereof be destroyed by any means or removed for any reason, voluntary or otherwise, to an extent of more than fifty percent (50%) of its replacement cost at the time of said removal or destruction, it shall not be reconstructed or reassembled except in conformity with this Chapter. 

(3)         If any such sign should, for any reason, be removed from its location, it shall conform to the provisions of the district in which it is located after it is moved.

(E)    Signs in Planned Unit Developments:  All Official Development Plan documents shall contain a section in which the specifications for all allowed signs are included.  The plan shall contain overall sign program performance standards that address size, height, design, lighting, color, materials, location and method of construction to assure that all signage within the Planned Unit Development (PUD) is designed in a harmonious, consistent, and compatible manner.  Signs permitted in PUD’s shall be all signs that are permitted pursuant to Sections 11-11-4, 11-11-6 and 11-11-7, W.M.C.  Development standards, as specified in those sections, may be modified, if it can be shown that the conditions within a particular PUD warrant a sign program with standards that do not conform to standard zoning districts, subject to the provisions of Section 11-11-8, W.M.C.  Any variance approved in accordance with Section 11-11-8, W.M.C., shall be specifically listed on the Official Development Plan.   

11-11-4:  SIGNS NOT REQUIRING PERMITS:  (2534 2862 3328)  Subject to the provisions of Section 11-11-5, W.M.C., the following signs, which shall be non-illuminated unless specifically stated to the contrary, are permitted in all zoning districts and require no permit for erection.

(A)    Public Signs:  Any sign erected by any governmental entity in conjunction with the conduct of any governmental program, operation or activity, including, but not limited to, federal, state, county and city governments, and school and recreation districts.

(B)    Interior or Window Signs:  As defined in Section 11-11-2, W.M.C.  Such signs shall be limited to thirty percent (30%) of the total window area of each separate place of business.  Window signs may be further restricted for PUD developments. 

(C)    Commemorative Plaques:  Any memorial or commemorative plaque or tablet that contains the primary name of a building, the date of erection and use of the building when the sign is built into the building or mounted flat against the wall of the building, or is designed to designate any particular location of historical significance as determined by the City. 

(D)    Address Signs:  Any sign attached to a building designed to identify a particular parcel of land, provided such sign contains only the street address and name of the owner of the property or the name of the property and does not exceed two (2) square feet in area for residential land uses and five (5) square feet in area for nonresidential land uses. 

(E)    Special Event Signs:  Signs and decorations for special events, such as a philanthropic campaign, church, circus, carnival, holidays or of community celebration, provided that such are removed within ten (10) days of the termination of the event of which they are a part. 

(F)     Real Estate Signs:  Temporary, non-illuminated real estate signs indicating the availability for sale, rent, or lease of a specific lot, building, or portion of a building upon which the sign is erected or displayed that do not exceed six (6) square feet in total area and four feet (4') in height for residential properties or twenty (20) square feet in total area and six feet (6’) in height for nonresidential properties and are located on properties to be sold, limited to one (1) such sign per street frontage.  Such signs shall not remain in place more than seven (7) days following sale or rental of the subject property. 

(G)    Building Identification Signs:  Signs that identify by name or number individual buildings within institutional or residential building group complexes that are limited to signs attached to the building, not more than two (2) signs per building, and not more than four (4) square feet each. These signs may be illuminated or non-illuminated.

(H)    Directional Signs:   

(1)         Traffic Signs.  Private traffic directional signs guiding or directing vehicular or pedestrian traffic onto or off of a lot or within a lot, when such do not exceed three (3) square feet per sign per face in area and eight feet (8’) in height, do not contain any advertising or trade name identification, and are non-illuminated, internally or indirectly illuminated. Private traffic control signals shall conform to the standards of the Colorado Manual of Uniform Traffic Control Devices and exceed three (3) square feet per face in area, but shall not exceed seven (7) square feet per face.  Such signs shall not exceed four feet (4’) in height and shall be set back at least five feet (5’) from the property line. 

(2)         On-Premise Information Signs.  Signs commonly associated with and limited to information and directions related to the permitted use on the lot on which the sign is located, provided that each such sign does not exceed two (2) square feet in total area and is non-illuminated, internally illuminated or indirectly illuminated. This category shall be interpreted to include such signs as "No Smoking," "Restroom," "No Solicitors," "Self Service," "Vacancy," and similar informational signs located at least five feet (5') from the property line. 

(3)         Off-Premises Informational Directional Sign.  A single or double-faced sign designed to give direction to a church, school, philanthropic organization, or similar use of a non-retail or business nature.  Sign may contain only name of organization, direction, and number of blocks.  Sign shall be metal, no more than two (2) square feet, and shall be mounted on minimum two-inch (2") square steel pole. Bottom of sign shall be a minimum of seven feet (7’) above grade.  No more than five (5) such signs shall be permitted for each individual organization.

(I)     Flags:  For any single lot, one (1) flag, pennant or insignia that does not exceed the following requirements:

 Building Height

 Maximum Height of Pole

 Maximum Flag Size

 1 story

 20 feet

 3x5

 2 stories

 25 feet

 4x6

 3-4 stories

 30 feet

 5x8

 5 stories or more

 35 feet

 6x10

 

(J)     Holiday Decorations:  Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday or celebration.  Such decorations shall not include the name of any business or product. 

(K)    Construction Signs:  A temporary sign not exceeding thirty-two (32) square feet announcing subdivision, development, construction or other improvement of a property on which the sign is located by a builder, contractor or other person furnishing services, materials or labor to said premises.  For the purposes of this Code, a "construction sign" shall not be construed to be a "real estate sign," as defined herein, and shall contain only project name; developer, architect, builder, and/or consultants; lending institution; and opening date.   

(L)    Garage Sale Sign:  A sign advertising the existence of a garage sale for the sale of personal property and advertising the date, time and location of the garage sale, with such signs having a maximum area of six (6) square feet, a maximum height of three feet (3'), and a minimum setback of ten feet (10'), posted for the period three (3) days prior and three (3) days following the date of the garage sale.  Such signs shall not block or interfere with traffic visibility.   

(M)   Non-commercial signs:  A sign containing political, religious, or other noncommercial speech, as defined by applicable federal and state court opinions.

(1)         Permitted in all zone districts. 

(2)         Maximum area fifty (50) square feet in Zones T1, C1, C2, M1 and O1 and in non-residential areas of Planned Unit Developments; six (6) square feet in all other zones and in residential areas of Planned Unit Developments.

(3)         Maximum height – six feet (6’).

(4)         No limitation in number. 

(5)         Nothing in this subsection (M) shall be applied in a manner that results in a non-commercial sign being treated in a less favorable or more restrictive manner than an authorized commercial sign in the same zoning district.

(N)    Bus shelter signs:  Any signs that are incorporated into a shelter for the public’s use of any public transportation systems pursuant to agreement or lease with the City.

11-11-5:  PROHIBITED SIGNS:  (2534 2862 2983 3018 3328)  Notwithstanding any provision in this Chapter to the contrary, the following types of signs are prohibited in all districts: 

(A)    Any sign not specifically permitted by this Code. 

(B)    Any permanent or temporary sign on or over any public property, except public signs as defined in Section 11-11-4(A), W.M.C., and traffic control signs and warning signs as defined in Section 11-11-2, W.M.C. 

(C)    Signs with visible moving, revolving, or rotating parts or visible mechanical movement, or any description or other apparent visible movement achieved by electrical, electronic or mechanical means, and all animated and electronically activated changeable signs as defined in Section 11-11-2, W.M.C., except for time-temperature-date signs, traditional barber poles, gauges, and dials that may be animated to the extent necessary to display correct measurement, menu board, order confirmation signs, and gasoline pricing signs at fueling facilities.  An exception to this subsection (C) must comply with all other regulations of this Chapter, such as size and placement regulations.   

(D)    Signs that are animated with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations. 

(E)    Strings of light bulbs used in connection with commercial premises for commercial purposes (other than traditional holiday decorations), pennants, streamers, balloons, and any other inflatable object or material shall also be prohibited.

(F)     Imitations of Official Government Protective or Warning Signs:  Any sign using the word "stop" or "danger," or that otherwise presents or implies the need or requirement of stopping, or a caution for the existence of danger, or that is a copy of, or that for any reason is likely to be confused with any municipally approved official signs, such as those signs approved and shown in the Uniform Traffic Code. 

(G)    Any sign that obstructs any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building, as required by law. 

(H)    Portable Signs: 

(1)     Any sign displayed on a vehicle, when said vehicle is used primarily for the purpose of displaying such sign when used outside a building.  Any advertising device used on a vehicle meeting the following criteria shall be excepted: 

(a)     Such vehicle at no time remains in one (1) visible place for more than twenty-four (24) consecutive hours;

(b)     Such vehicle is actually used by its owner or another as a means of transportation of people or goods; and

(c)     Such vehicle displays current registration and is insured to operate on public streets in the State of Colorado.

(2)     Sandwich board signs.

(I)     Any sign that violates any provision of any law of the State of Colorado relative to outside advertising. 

(J)     Temporary signs attached to utility poles or utility boxes that have the intent of advertising merchandise or services for sale. 

(K)    Any sign that causes any direct glare into or upon any residential building or premises, other than the building or premises to which the sign is attached.

(L)    Exposed neon signs and lighting.  All roof signs.

(M)   Any attached sign projecting above the roof line of a structure.

(N)    Abandoned signs as defined in Section 11-11-2, W.M.C.  Any such sign abandoned for a period of ninety (90) days or longer shall be considered an illegal sign.  This provision shall not apply to permanent signs accessory to businesses that are open only on a seasonal basis, provided there is clear intent to continue operation of the business. 

(O)    Off-premise advertising or directional sign, except as allowed in Sections 11-11-4 (H)(3) and 11-11-4(L), W.M.C.  

(P)     Back-lit awnings.

 

 

(Q)    Freestanding monument signs greater than one hundred (100) square feet in size. 

(R)    Signs achieved by light projection on a surface. 

11-11-6:  TEMPORARY SIGNS REQUIRING PERMITS:  (2534 2862 3328) 

(A)    Temporary Project Identification Sign:

(1)         Permitted in all Zoning Districts.  

(2)         Characteristics.  Intended to identify or advertise structures being built, sold, leased, rented or remodeled. 

(3)         Maximum Area.

(a)          For developments over ten (10) acres in size, one hundred (100) square feet.

(b)         For developments ten (10) acres or less in size and individual structures on lots over two (2) acres in size, sixty (60) square feet.

(c)      For individual lots two (2) acres in size or less, thirty-two (32) square feet. 

(4)   Maximum Height

(a)          For signs over sixty (60) square feet in area, twelve feet (12’).

(b)         For signs over thirty-two (32) square feet in area, but less than sixty (60) square feet in area, eight feet (8’).

(c)          For signs thirty-two (32) square feet in area or less, six feet (6’).

(5)     Minimum Setback.  Thirty feet (30').

(6)     Limitation in Number.  One (1) sign per sixty (60) acres, not to exceed a total of four (4), and not to exceed an aggregate of two hundred (200) square feet.

(7)     Restrictions, Additions, Clarifications and Exceptions.

(a)     Must be located on the property being advertised.  Off-site signs are not permitted.

(b)      Signs shall be unlit. 

(B)    Temporary Outside Signs:

(1)         Permitted in Zoning Districts B1, C1, PUD and M1. 

(2)         Characteristics.  A sign, banner, or similar device, not including pennants on a string or rope, or display that is intended for a temporary period of display for the purpose of announcing a special event for a business, such as a grand opening, a sale or a new service.  Said sign may be constructed of cloth, canvas, cardboard, wallboard, plywood or other light temporary material.  Sign must be attached flat against a building. 

(3)         Maximum Area.  Forty (40) square feet per sign. 

(4)         Maximum Height.  May not project above the roof line on the building to which the sign is attached. 

(5)         Minimum Allowable Setback.  Same setback as the building to which the sign is attached. 

(6)         Limitation in Number.  One (1) per street frontage, not to exceed two (2) signs. 

(7)         Restrictions, Additions, Clarifications, and Exceptions

(a)     May be erected for a period not to exceed thirty (30) consecutive days or sixty (60) days in any one- (1) year period for any particular business. 

(b)     Must be removed at the expiration of the temporary permit. 

11-11-7:  PERMANENT SIGNS REQUIRING PERMITS:  (2534 2567 2862 2881 2982 3328 3599)

(A)    Monument Signs:

(1)         Permitted in Zoning Districts PUD, B1, C1, C2, T1, and M1. 

(2)         Maximum Area

(a)  For developments over ten (10) acres in size or greater, one hundred (100) square feet.

(b)  For developments less than ten (10) acres, but greater than two (2) acres in size, sixty (60) square feet.

(c)    For developments two (2) acres in size or less, thirty-two (32) square feet.

(d)   For individual uses over one hundred thousand (100,000) square feet in area, signage restrictions may vary from the provisions of this Section and shall be approved on an Official Development Plan. 

(3)         Maximum Height

(a)     For signs over sixty (60) square feet in area, twenty-five feet (25').

(b)     For signs over thirty-two (32) square feet in area, but less than sixty (60) square feet in area, eight feet (8').

(c)     For signs thirty-two (32) square feet in area or less, six feet (6').

(4)         Minimum Allowable Setback From Property Line

(a)     For signs over eight feet (8') in height or over sixty (60) square feet in area, twenty-five feet (25').

(b)     For signs eight feet (8') in height or less and under sixty (60) square feet in area, ten feet (10'). 

(5)         Limitation and Number. 

(a)          For developments or individual structures over ten (10) acres in size, one (1) per frontage with a maximum of two (2), said signs to be identical in design.

(b)     For developments or individual structures ten (10) acres in size or less, one (1). 

(6)         Restrictions, Clarifications and Exceptions

(a)     Identification signs for retail business centers or office/industrial/technical parks or centers shall contain only the name, address and logo or trademark of the office park or center.  Such signs may include the name of not more than six (6) of the tenants therein, with said names to be integrated into the overall design of the sign, with the name of the center utilizing at least twenty-five percent (25%) of the sign area.  Minimum letter height for tenant names shall be eight inches (8”) for thirty-two (32) square foot signs, ten inches (10”) for sixty (60) square foot signs, and twelve inches (12”) for one hundred (100) square foot signs. 

(b)     Illuminated signs are permitted.

(c)     For properties of ten (10) acres or more, no monument sign over eight feet (8’) in height is permitted within one hundred seventy-five feet (175’) of any residential district boundary or residential development.

(d)     Supporting structure of monument signs must be solid construction at least two thirds (2/3) the dimension of the width and thickness of the sign it supports.

(e)     Where a non-retail business center or office/industrial/technical park or center is planned as a series of individual structures on individual lots with each individual lot having frontage on a public street, each individual structure may be permitted to have freestanding signs in accordance with this paragraph, if said sign(s) are included and approved on an Official Development Plan(s).  Where a non-retail business center or office/industrial/technical park is planned as a series of individual structures on a single lot, each individual structure is permitted to have a freestanding sign of not more than thirty-two (32) square feet in area and six feet (6’) in height.  Such signs shall be consistent in design and color. 

(f)     Monument signs must be located on the premises of the use being advertised or identified.  For use in this Section, premises does not include easements or similar adjacent parcels of land.

(g)     Menu Boards.  Menu boards in conjunction with restaurant or other drive-through pick up activities may be allowed under the following restrictions: 

(i)      Not more than two (2) such signs.

(ii)     Twenty-five foot (25') setback from property lines.

(iii)    Forty (40) square feet maximum area.

(iv)    Six foot (6') maximum height.

(v)     May be freestanding or wall mounted. 

(vi)    One (1) order confirmation board may also be provided with the following restrictions:

(a)          Twenty-five foot (25’) minimum setback from property lines.

(b)         Three (3) square foot maximum sign area.

(c)          Four feet (4’) maximum height.

(d)         May be freestanding, wall mounted, or incorporated into the menu board.

(e)          May be one hundred percent (100%) electronic changeable copy, and copy may be changed without time restriction.

(f)          Signs must be screened or oriented away from public streets.

(h)     When shopping centers, business centers, and office/industrial/technical parks or centers are to be developed or redeveloped, overall sign program performance standards to be included in the Official Development Plan shall be submitted that address size, location, height, design, lighting, color, materials, and type and method of construction to insure that all signage within the center is designed in a harmonious, consistent, and compatible manner.  The overall sign program shall be included in required Official Development Plans. 

(i)      Individual uses over one hundred thousand (100,000) square feet in area, signage restrictions may vary from the provisions of this Section and shall be as approved on an Official Development Plan.

(j)      Automated gasoline pricing signs may use internal scrolling or magnetic mechanisms, but may not contain a light emitting diode (LED) and may not change pricing more often than twice in a twenty-four (24) hour period.

(7)     Institutional Use Monument Signs.

(a)     Maximum area:

(i)      For developments ten (10) acres in size or greater, one hundred (100) square feet.

(ii)     For developments less than ten (10) acres, but greater than two (2) acres in size, sixty (60) square feet.

(iii)    For developments two (2) acres in size or less, thirty-two (32) square feet.

(b)     Maximum height:

(i)      For signs over sixty (60) square feet, twenty-five feet (25’).

(ii)     For signs thirty-two (32) square feet to sixty (60) square feet, eight feet (8’).

(iii)    For signs less than thirty-two (32) square feet, six feet (6’).

(c)     An electronic reader board component of an institution monument sign shall be allowed, which component shall be no more than one third (1/3) of the total sign size or thirty (30) square feet, whichever is less.  The text on an electronic reader board may be changed no more frequently than every thirty (30) minutes.

(B)    Wall Signs:

(1)     Permitted in Zoning Districts PUD, T1, B1, C1 C2 and M1. 

(2)    Characteristics.  Intended to identify individual businesses, offices, office buildings, industrial, technical and employment establishments.  Signs may be either placed flat against the building or projecting from the building.

(3)     Maximum Area.

(a)          The greater of thirty (30) square feet or one (1) square foot sign area for each lineal foot of building or tenant frontage, not to exceed one hundred fifty (150) square feet in area for all types of signs, except that signs composed of individual raised letters may contain two (2) square feet of sign area for each lineal foot of building or tenant frontage, not to exceed three hundred (300) square feet in area.  This criteria shall not apply to signs for individual tenants in buildings that are primarily multi-tenant office buildings.

(b)         Combinations of cabinet and individual letter signs shall not be permitted, except that a cabinet-style logo not exceeding nine (9) square feet may be added to individual letter signs.  The total square feet permitted for such signs shall not exceed the total permitted in sub-subsection (3)(a), above.

(4)     Maximum Height.  May not project above the roof line of the building to which sign is attached. 

(5)     Minimum Allowable Setback.  Same setback as the building to which sign is attached. 

(6)     Limitation in Number.  One (1) sign per street frontage not to exceed two (2) frontages, or three (3) frontages with an area not to exceed the total sign area permitted for two (2) frontages. 

(7)     Restrictions, Additions, Clarifications and Exceptions

(a)     Projecting signs may not exceed thirty (30) square feet in area.  Projecting signs may not project over public right-of-way or more than five feet (5') from the building wall.

(b)     The total length of any individual sign may not exceed seventy-five percent (75%) of the length of the frontage of the establishment, store front or tenant space on which the sign is placed.

(c)     Illuminated signs are permitted.

(d)     Buildings that are primarily office buildings may have no tenant or user signs above the first floor, with the exception that building identification signs may be located above the first floor.

(e)     Changeable copy signs are permitted for motion picture theaters or theater complexes with a total maximum area not to exceed the greater of eighty (80) square feet or thirty (30) square feet per individual theater.

(f)     Where approved on an Official Development Plan, the total allowable square footage of signage for an individual use containing over twenty thousand (20,000) square feet of gross floor area may be divided into a primary sign and not more than two (2) secondary signs, with each secondary sign not to exceed more than sixty (60) square feet in area.

(g)     For individual uses over one hundred thousand (100,000) square feet in area, signage restrictions may vary from the provisions of this Section and shall be as approved on an Official Development Plan.

(h)         Tenant Sign.  For multi-tenant office buildings, a maximum of forty (40) square feet per sign, one hundred twenty (120) square feet per frontage shall conform to sub-subsection (7)(b) and (7)(e).  The building identification sign shall be in conformance with sub-subsection (7)(b), above, with a maximum of one hundred (100) square feet, except signs composed of individual letters that will have a maximum of two hundred (200) square feet.

(i)      When shopping centers, business centers, and office/industrial/technical parks or centers are to be developed or redeveloped, overall sign program performance standards shall be submitted that address size, height, design, lighting, color, materials, and type and method of construction to insure that all signage within the center is designed in a harmonious, consistent, and compatible manner.

(j)      Wall signs must be located on the portion of the building in which the business being advertised is located.

(k)     Wall signs may not be located on the rear of buildings that abut a residential zone district or property.

(l)      Automated gasoline pricing signs may use internal scrolling or magnetic mechanisms, but may not contain a light emitting diode (LED) and may not change pricing more often than twice in a twenty-four (24) hour period.

(C)    Directional/Informational Signs:

(1)         Permitted in Zoning Districts T1, B1, PUD, C2, C1, and M1. 

(2)         Characteristics.  A freestanding sign intended to provide information and directions related to the principal permitted use on that lot. 

(3)         Maximum Area.

(a)     Wall sign, fifteen (15) square feet.

(b)     Freestanding sign, five (5) square feet.

(4)     Maximum Height.

(a)  Wall sign, eight feet (8').

(b)  Freestanding sign, three feet (3’).

(5)     Minimum Allowable Setback.  Twenty-five feet (25') from the property line. 

(6)     Limitation in Number.  Two (2). 

(7)     Restrictions, Additions, Clarifications and Exceptions.  Illuminated signs are permitted.

(D)    Directory Sign for Retail Shopping Centers:

(1)         Permitted in Zoning Districts B1 and C1. 

(2)         Characteristics.  A freestanding sign intended to list and locate all merchants within the center for pedestrian or internal automobile traffic. 

(3)         Maximum Area

(a)         For a retail center four (4) acres or less in area, sixteen (16) square feet.

(b)         For a retail center over four (4) acres in area, thirty (30) square feet. 

(4)         Minimum Allowable Setback.  Fifty feet (50') from property line. 

(5)         Limitation in Number

(a)          For retail center four (4) acres or less in area, one (1) sign.

(b)         For retail center over four (4) acres in area, one (1) per four (4) acres, not to exceed four (4) signs. 

(6)         Restriction, Additions, Clarifications and Exceptions.  Internally illuminated signs are permitted.

(E)    Permanent Residential Subdivision Identification Signs:

(1)         Permitted in Zoning Districts PUD, RE, R1, RA, R2, R3, R4, R5 and T1. 

(2)         Characteristics.  A freestanding sign intended to provide identification of a residential subdivision by name and logo only. 

(3)         Maximum Area.  Forty (40) square feet. 

(4)         Maximum Height.  Seven feet (7'). 

(5)         Minimum Allowable Setback.  Three feet (3') from the curb.  This sign may be located in the right-of-way, but not over existing or future utilities.  Location and placement shall insure traffic visibility as determined by the City. 

(6)         Limitation in Number.  One (1) per subdivision or one (1) per each arterial or collector street.  Signage may be split and two (2) signs may be permitted per each arterial or collector street entrance; however, no more than forty (40) square feet of signage may be located at any such entrance. 

(7)         Restrictions, Additions, Clarifications and Exceptions:

(a)     A right-of-way maintenance agreement must be on file with the City signed by the responsible party from the homeowners association, if the signs(s) are to be located in public right-of-way.

(b)     External lighting is permitted.

(c)     Sign material and design must be approved by the City.

(d)     Under unusual hardship circumstances, as determined appropriate by the City Manager, a single off-site sign may be permitted with the permission of the property owner on whose property said sign would be located.  Such a sign will have a maximum area of twenty (20) square feet and a maximum height of three feet (3’).   

(F)    Home Occupation Signs:

(1)         Permitted in all Zoning Districts. 

(2)         Characteristics.  To identify a home occupation.  Wall or window signs only. 

(3)         Maximum Area.  One (1) square foot. 

(4)         Maximum Height.  Below the eave of the building on which the sign is located. 

(5)         Minimum Setback.  Must be attached to the front of the building on which the sign is located. 

(6)         Limitation in Number.  One (1). 

(7)         Restrictions, Additions, Clarifications and Exceptions.  Signs may not be illuminated.

(G)    Off-Site Commercial Development Directional Signs:

(1)         Permitted for commercial establishments on out-parcels surrounding a regional shopping center with access to a public street, which street connects to an arterial street only through use of a private road or easement. 

(2)         Characteristics.  A permanent ground sign intended to direct vehicular traffic through the private roads or easements of a regional shopping center to a commercial establishment. 

(3)         Location.  Such signs shall be permitted next to the private drives within the center with written permission of the owner of the parcel for the sole purpose of directing vehicular traffic through the regional shopping center.  All such signs shall be located outside the required sight distance triangles. 

(4)         Maximum Area.  Sixteen (16) square feet per sign. 

(5)         Maximum Height.  Four feet (4’). 

(6)         Limitation in Number.  Four (4) per commercial establishment. 

(7)          Restrictions, Clarifications and Exceptions

(a)     Maximum of one (1) sign on each corner (the intersection of two (2) private roads or a private road and a public road) leading to the commercial establishment.

(b)     Co-location:  Where more than one (1) commercial establishment requests signs under this Section, all establishments will be required to use the same sign structures.  Such joint signs shall not exceed the sign restrictions for the individual signs.

(c)     Maintenance:  Signs erected under this Section shall be structurally sound and maintained to the satisfaction of the City or to the regional shopping center, so as not to become a nuisance to the surrounding businesses or to the public.

(d)     Sign design, color and construction:  The entire sign structure shall be of neutral colors, white, cream, tan or beige.  Sign panels shall be coordinated with other directional signs and may be of any color except fluorescent, Day-Glo, or other reflective or brilliant colors.

(e)     Signs shall be the minimum number necessary to direct traffic to the establishment.  Such signs may only contain the name of the establishment, a directional arrow, or directional words.

(f)     Supporting structure of ground signs shall be of solid construction at least two-thirds (2/3) the dimension of the width and thickness of the sign it supports.

(8)     Approval.  A master sign plan that indicates the location and conformance with this Section shall be required to be submitted for review and approval by the City Manager or his/her designee.

(H)    Flags:

(1)         Permitted in Zoning Districts PUD, B1, C1, C2, M1 and T1. 

(2)         Maximum Height.

                     Building Height                   Maximum Height of Pole             Maximum Flag Size

1 story                                  20 feet                                        3x5

2 stories                                25 feet                                        4x6

3-4 stories                             30 feet                                        5x8

5 stories or more                   35 feet                                        6x10

(3)         Setback. Ten feet (10’).   

(4)         Limitation in Number.  One (1) per street frontage.  Additional flags may be permitted through the Official Development Plan process, subject to approval by the Planning Commission or City Council, as required. 

(5)         Maximum Area.  Total area of all flags in excess of that shown in the above table shall be included in the maximum allowable area for wall signs on the site in accordance with Section 11-11-7 (B), W.M.C.

11-11-8:  VARIANCES:  (2862)

(A)    Signs in Planned Unit Developments: All signs proposed for or within a Planned Unit Development may apply for modifications to the requirements of this sign code by making application to the Planning Commission using the procedures specified in Section 11-5-8 or 11-5-10, W.M.C.  Such variances may be granted administratively, if the provisions of this Code are not exceeded by more than twenty percent (20%).  Such variances shall consider items 1 through 5 under subsection (B), below.

(B)    Signs not in planned unit developments: All signs within any zone district other than Planned Unit Development may apply for modifications to the requirements of this sign code by making application to the Planning Commission using the procedures specified in Section 2-2-8, W.M.C.  In considering a request for a variance to the sign code, the Planning Commission shall determine that:

 (1)         There are special circumstances or conditions, such as the existence of buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent public right-of-way that would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions must be peculiar to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. 

(2)         The variance, if authorized, will weaken neither the general purpose of the sign code nor the zoning regulations prescribed for the zoning district in which the sign is located. 

(3)         The variance, if authorized, will not alter the essential character of the zoning district in which the sign is located. 

(4)         The variance, if authorized, will not substantially or permanently injure the appropriate use of adjacent conforming property. 

(5)         The Planning Commission may not grant any application for a type of sign that would not otherwise be permitted under this Code. 

11-11-9:  ENFORCEMENT:  (2862 3564)

(A)        Public nuisance:  Any violation of the provisions of this Chapter is hereby declared to be a public nuisance. 

(1)         Abatement of public nuisances shall be according to the provisions of Title VIII, Chapter 4, W.M.C.   

(2)         Summary abatement procedures (Section 8-4-4(A), W.M.C.) may be followed for the following reasons: 

(a)          Any sign whose condition or placement is found by the Code Enforcement Officer to constitute an imminent danger of serious injury to persons or property, including, but not limited to, danger of collapse or blocking views of streets, alleys, driveways, or other entrances and exits from public ways.

(b)         Any sign placed unlawfully in the public right-of-way. Such signs may be immediately removed and destroyed without notice or liability.

(B)        It shall be unlawful for any person to violate any of the provisions of this Chapter.  Any person found guilty of violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine or imprisonment, or both, pursuant to Section 1-8-1, W.M.C.  Each day that a violation of any of the provisions of this Chapter continues to exist shall be deemed to be a separate and distinct violation.

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