FINDINGS REGARDING REGULATION OF CERTAIN STRUCTURES
(a)
Statement of interests. The city has the following legitimate, important, substantial, or compelling interests in regulating signs:
(1)
Preventing the proliferation of signs of generally increasing size, dimensions, and intrusiveness (also known as "sign clutter") that tends to result from competition for the attention of passing motorists and pedestrians, because sign clutter:
a.
Creates visual distraction and obstructs views, potentially creating safety hazards for motorists, bicyclists, and pedestrians;
b.
May involve physical obstruction of streets, sidewalks, or trails, creating public safety hazards;
c.
Degrades the aesthetic quality of the city, making the city a less attractive place for residents, business owners, visitors, and private investment;
d.
Increases the cost of doing business in the city by placing undue pressure on business owners to invest in ever-increasing amounts of signage; and
e.
Dilutes or obscures messages on individual signs due to the increasing intensity of competition for attention.
(2)
Maintaining and enhancing the historic character of downtown Alamosa.
(3)
Protecting the health of the tree canopy in the city.
(4)
Maintaining a high quality aesthetic environment to protect and enhance property values, leverage public investments in streets, sidewalks, trails, plazas, parks, and landscaping, and enhance community pride.
(5)
Protecting minors from speech that is harmful to them as provided by state or federal law, by preventing such speech in places that are accessible to and used by minors.
(b)
Findings. The city finds that:
(1)
Content-neutrality, viewpoint neutrality, and fundamental fairness in regulation and review are essential to ensuring an appropriate balance between the important, substantial, and compelling interests set out above and the constitutionally-protected right to free expression.
(2)
The sign regulations set out in this Code are unrelated to the suppression of constitutionally-protected free expression, do not relate to the content of protected messages that may be displayed on signs, and do not relate to the viewpoint of individual speakers.
(3)
The incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to this Code is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are advanced herein.
(4)
Regulation of the location, number, materials, height, sign area, form, and duration of display of temporary signs is essential to preventing sign clutter.
(5)
Temporary signs may be degraded, damaged, moved, or destroyed by wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the city's streets if they are not removed.
(6)
Certain classifications of speech are not constitutionally protected due to the harm that they cause to individuals or the community.
(c)
Intent. The sign regulations in this Code represent the city's best effort to advance its legitimate, important, substantial, and compelling interests while ensuring consistency with an evolving legal framework.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Interests. The unique and diverse landscapes of the city are among its most valuable assets. Protecting these assets will require that location and design of wireless telecommunication services and/or equipment be sensitive to and in scale and harmony with, the character of the community.
(b)
Findings. The city finds that providing predictable, consistent, and balanced standards for the siting and screening of wireless telecommunication services facilities and equipment is important in order to:
(1)
Preserve the character and aesthetics of areas which are in close proximity to wireless telecommunication services facilities and equipment;
(2)
Protect the health, safety, and welfare of persons living or working in the area surrounding wireless telecommunication services facilities and equipment related to the placement, construction or modification of such facilities; and
(3)
Allow development that is compatible in appearance with allowed uses of the underlying zoning district.
(c)
Intent. It is the intent of the city to further its interests in protecting its community character while also promoting access to wireless telecommunications services within the city. To that end, the city intends to:
(1)
Enforce standards that mitigate the visual, aesthetic, and safety impacts of wireless telecommunications facilities through careful design, siting and screening, and placement for their construction or modification;
(2)
Allow for fair and meaningful competition and, to the greatest extent possible, extend to all people in all areas of the city high quality wireless telecommunication services at reasonable costs; and
(3)
Encourage co-location and clustering of antenna sites and structures, when practical, to help reduce the number of such facilities that may be required in the future to service the needs of customers, and thus avert unnecessary proliferation of facilities on private and public property.
(Ord. No. 33-2017, § 1, 12-6-17)
FINDINGS REGARDING REGULATION OF CERTAIN STRUCTURES
(a)
Statement of interests. The city has the following legitimate, important, substantial, or compelling interests in regulating signs:
(1)
Preventing the proliferation of signs of generally increasing size, dimensions, and intrusiveness (also known as "sign clutter") that tends to result from competition for the attention of passing motorists and pedestrians, because sign clutter:
a.
Creates visual distraction and obstructs views, potentially creating safety hazards for motorists, bicyclists, and pedestrians;
b.
May involve physical obstruction of streets, sidewalks, or trails, creating public safety hazards;
c.
Degrades the aesthetic quality of the city, making the city a less attractive place for residents, business owners, visitors, and private investment;
d.
Increases the cost of doing business in the city by placing undue pressure on business owners to invest in ever-increasing amounts of signage; and
e.
Dilutes or obscures messages on individual signs due to the increasing intensity of competition for attention.
(2)
Maintaining and enhancing the historic character of downtown Alamosa.
(3)
Protecting the health of the tree canopy in the city.
(4)
Maintaining a high quality aesthetic environment to protect and enhance property values, leverage public investments in streets, sidewalks, trails, plazas, parks, and landscaping, and enhance community pride.
(5)
Protecting minors from speech that is harmful to them as provided by state or federal law, by preventing such speech in places that are accessible to and used by minors.
(b)
Findings. The city finds that:
(1)
Content-neutrality, viewpoint neutrality, and fundamental fairness in regulation and review are essential to ensuring an appropriate balance between the important, substantial, and compelling interests set out above and the constitutionally-protected right to free expression.
(2)
The sign regulations set out in this Code are unrelated to the suppression of constitutionally-protected free expression, do not relate to the content of protected messages that may be displayed on signs, and do not relate to the viewpoint of individual speakers.
(3)
The incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to this Code is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are advanced herein.
(4)
Regulation of the location, number, materials, height, sign area, form, and duration of display of temporary signs is essential to preventing sign clutter.
(5)
Temporary signs may be degraded, damaged, moved, or destroyed by wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the city's streets if they are not removed.
(6)
Certain classifications of speech are not constitutionally protected due to the harm that they cause to individuals or the community.
(c)
Intent. The sign regulations in this Code represent the city's best effort to advance its legitimate, important, substantial, and compelling interests while ensuring consistency with an evolving legal framework.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Interests. The unique and diverse landscapes of the city are among its most valuable assets. Protecting these assets will require that location and design of wireless telecommunication services and/or equipment be sensitive to and in scale and harmony with, the character of the community.
(b)
Findings. The city finds that providing predictable, consistent, and balanced standards for the siting and screening of wireless telecommunication services facilities and equipment is important in order to:
(1)
Preserve the character and aesthetics of areas which are in close proximity to wireless telecommunication services facilities and equipment;
(2)
Protect the health, safety, and welfare of persons living or working in the area surrounding wireless telecommunication services facilities and equipment related to the placement, construction or modification of such facilities; and
(3)
Allow development that is compatible in appearance with allowed uses of the underlying zoning district.
(c)
Intent. It is the intent of the city to further its interests in protecting its community character while also promoting access to wireless telecommunications services within the city. To that end, the city intends to:
(1)
Enforce standards that mitigate the visual, aesthetic, and safety impacts of wireless telecommunications facilities through careful design, siting and screening, and placement for their construction or modification;
(2)
Allow for fair and meaningful competition and, to the greatest extent possible, extend to all people in all areas of the city high quality wireless telecommunication services at reasonable costs; and
(3)
Encourage co-location and clustering of antenna sites and structures, when practical, to help reduce the number of such facilities that may be required in the future to service the needs of customers, and thus avert unnecessary proliferation of facilities on private and public property.
(Ord. No. 33-2017, § 1, 12-6-17)