(a)

Purpose. The purpose and intent of this Article is to set out reasonable regulations for the design, location, installation, operation, repair, maintenance, illumination, and removal of signs, in order to advance the City's legitimate, important, substantial, and compelling interests, while simultaneously safeguarding individuals' constitutionally-protected right of free speech.

(b)

Interests. The City has legitimate, important, substantial, or compelling interests in:

(1)

Preventing the proliferation of signs of generally increasing size, dimensions, and visual 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 or obstructs views, potentially creating safety hazards for motorists, bicyclists, and pedestrians;

b.

May involve physical obstruction of streets, sidewalks, or trails, resulting in public safety hazards;

c.

Diminishes the aesthetic quality of the City, making the City a less attractive place for residents, business owners, visitors, and private investment; and

d.

Dilutes or obscures messages on individual signs due to the increasing intensity of competition for attention.

(2)

Protecting the health of its tree canopy, an important community asset that contributes to the character, environmental quality, and economic health of the City and the region.

(3)

Promoting a quality aesthetic environment to maintain and enhance property values, leverage public investments in streets, sidewalks, trails, plazas, parks, and landscaping, and enhance community pride.

(4)

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.

(c)

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 in Subsection 20-9-10(b) and the constitutionally-protected right to free speech.

(2)

The regulations set out in this Article are unrelated to the suppression of constitutionally-protected free speech, 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 Article 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, illumination, 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, hail, 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.

(7)

This Article represents the City's best effort to advance the City's legitimate, important, substantial, and compelling interests while ensuring consistency with an evolving legal framework.

(Ord. 1188 §3, 2016)

(a)

Generally. The provisions of this Article shall apply to the display, construction, installation, erection, alteration, use, location, maintenance, and removal of all signs within the City that are not specifically exempt from such application. No sign shall be displayed, constructed, installed, erected, or altered within the City limits until the City has issued a sign permit, unless the sign is exempt from regulation or exempted from the permit requirement as provided herein. No permit is required for routine sign maintenance, painting, replacing a panel in a cabinet sign (except that the installation of a new manual changeable copy message center or electronic message center does require a permit), or replacing light sources with lighting of comparable brightness. Notwithstanding any exemptions and partial exceptions to this Article provided in subsection (b), below, no sign shall be installed or displayed on any property or structure in the City without the consent of the owner of the property or structure.

(b)

Exemptions and Partial Exemptions.

(1)

Exemptions. This Article does not apply to signs of any type installed or posted (or required to be installed or posted) by the Federal government, the State of Colorado, Morgan County, the City, or Morgan County School District Re-3 (collectively, "Governmental Entities") that is located in whole or in part within the City, on property owned or controlled by the Governmental Entity. Such signs include but are not limited to street signs and permanent traffic control devices, temporary signs that are used in conjunction with traffic control, and other signs that said entities display, require, or license to be displayed upon property that they own or control.

(2)

Partial Exemptions. The following signs are subject only to Sections 20-9-50 and 20-9-60, and shall not require a sign permit:

a.

Signs that are not visible from any of the following areas due to the configuration of the building(s) or structure(s) or the topography of the lot or parcel upon which the signs are located: residential lots, abutting property not under a common plan of development, or public rights-of-way.

b.

Signs that are not legible from abutting property or rights-of-way due to the configuration of the building(s) or structure(s) or the topography of the lot or parcel upon which the signs are located or the orientation or setback or typeface of the sign, provided that the sign area is not more than thirty-two (32) square feet.

c.

Signs that are applied to or painted on a utility cabinet or pedestal, provided that:

i.

The cabinet or pedestal is in use for its principal purpose as a utility cabinet or pedestal and the sign does not interfere with such use;

ii.

The cabinet or pedestal is either existing as of the effective date or installed after the effective date in compliance with plans approved by the City; and

iii.

The cabinet or pedestal is not larger than four (4) feet in horizontal dimension and five (5) feet in vertical dimension.

d.

Signs that are applied to or painted on water tanks, oil and gas rigs, beam pumping units, or oil and gas tanks.

(c)

Exceptions to Permit Requirement. The following signs may be displayed without a sign permit, but are not exempt from other applicable provisions of this Article and applicable International Codes adopted by the City:

(1)

Required signs.

(2)

Optional residential signs.

(3)

Small signs.

(5)

Temporary seasonal decorations.

(6)

Temporary signs.

(7)

Bulletin board wall signs.

(8)

Window signs.

(d)

Relationship to other regulations.

(1)

In addition to the regulations set out in this Article, signs may also be subject to applicable State laws and regulations (e.g., State of Colorado, Department of Highways, "Rules and Regulations Pertaining to Outdoor Advertising," effective January 1, 1984, as may be amended from time to time), federal laws and regulations, and applicable adopted building and electrical codes. Exceptions to the sign permit requirement do not constitute exemptions to other applicable codes or permit requirements. The City is not responsible for enforcing sign regulations from other jurisdictions.

(2)

Where any provision of this Article covers the same subject matter as other regulations of the City, the more specific regulation shall control the more general one, unless the City determines that the more restrictive regulation is facially content-based or otherwise clearly unenforceable as a matter of law.

(3)

Where any provision of this Article covers the same subject matter as other regulations of the State of Colorado or the United States, the applicant is advised that nothing in this Chapter shall be construed as a defense to a violation of applicable state or federal law except as may be provided in the state or federal law.

(Ord. 1188 §3, 2016)

(a)

Generally. In recognition that different zoning districts within the City have different physical and functional characteristics, this Section establishes three (3) "sign districts" in the City that correspond to the zoning districts established by Section 20-4-10. This Article includes standards that are generally applicable and standards that vary from sign district to sign district.

(b)

Sign Districts Created. The following sign districts are established: Interstate Interchange (II), Business and Industrial (BI), Residential (RE), Agricultural (AG). The boundaries of the four (4) sign districts shall correspond to zoning districts as provided in Table 20-9-30(b), Sign Districts.

TABLE 20-9-30(b)
Sign Districts

(c)

Application to PUD (Planned Unit Development) Districts. Land that is zoned PUD on the effective date of this Section shall be divided into sign districts according to the land uses that are approved for the PUD, as set out in Table 20-9-30(c). Land that is rezoned to PUD after the effective date of this Section shall include sign districts within the PUD plan, with boundaries drawn according to the land uses set out in Table 20-9-30(c).

TABLE 20-9-30(c)
Sign District Application To Planned Unit Development Districts

(Ord. 1188 §3, 2016)

(a)

Sign Clearance. Sign clearance is the shortest vertical distance between the bottom of a sign face or structural element that is not affixed to the ground and the nearest point on the ground-level surface under it.

(b)

Sign Height.

(1)

Except as provided in Subsection (b)(2), below, sign height is the longest vertical distance from the elevation of the average grade around the base of the sign to the top of the sign face or sign support structure, whichever is higher.

(2)

If the average grade around the base of a detached sign is more than two (2) feet higher or lower than the elevation of the nearest point on the flowline of the abutting street, then the height of the detached sign shall be measured from the elevation of the nearest point on the flowline of the abutting street to the top of the higher of the sign face or sign support structure.

(c)

Sign Area.

(1)

Sign area is the area within a continuous polygon with up to eight (8) straight sides that completely encloses the limits of text and graphics of a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign's contents from the background against which they are placed.

(2)

Sign area does not include the structure upon which the sign is placed (unless the structure is an integral part of the display or used to differentiate it), but does include any open space contained within the outer limits of the display face, or between any component, panel, strip, or figure of any kind composing the display face, whether this open space is enclosed by a frame or border or not, except that wall signs that are separated by a distance of more than three (3) feet shall be considered separate signs.

(3)

Free-standing and projecting signs may have multiple faces or contain three-dimensional objects. The area of such signs is measured using the vertical cross-section that represents the sign's maximum projection upon a vertical plane.

(Ord. 1188 §3, 2016)

(a)

Generally. The prohibitions in this Section apply to all temporary and permanent signs in all areas of the City.

(b)

Prohibited Sign Types. The following types of signs are prohibited:

(1)

Abandoned signs.

(2)

Portable signs, except as specifically permitted in Sections 20-9-100 and 20-9-110.

(3)

Roof signs.

(c)

Prohibited Design Elements. The following elements shall not be incorporated as an element of any sign or sign structure:

(1)

Animated or moving parts, including any moving, swinging, rotating, windblown, or spinning parts or flashing, blinking, scintillating, fluctuating, or otherwise animated light (including searchlights), but not including the following design elements, if displayed in compliance with this Article:

a.

Electronic message center;

b.

Flag;

c.

Banner;

d.

Temporary holiday display;

e.

Analog clock; and

f.

A cylinder that rotates around its axis, provided that the cylinder is not more than two and one-half (2.5) feet in height, and is a installed on a building as a projecting sign or component thereof.

(2)

Cardboard, card stock, or paper, except when laminated or used as a window sign.

(3)

Motor vehicles, unless:

a.

The vehicles are operational, and either:

i.

Automobile dealer inventory; or

ii.

Primarily used as motor vehicles, with current registration and tags;

b.

The display of signage on the motor vehicle would not interfere with the immediate operation of the motor vehicle (e.g., signs that are held in place by an open hood or trunk, signs that cover windows, and signs that would fall off of the vehicle if the vehicle were in motion are not allowed); and

c.

The motor vehicle is legally parked in a designated parking space.

(4)

Semi trailers, shipping containers, or portable storage units, unless:

a.

The trailers, containers, or portable storage units are:

i.

Structurally sound and capable of being transported;

ii.

Used for their primary purpose (e.g., storage, pick-up, or delivery); and

iii.

If subject to registration, have current registration and tags; and

b.

The display of signage is incidental to the primary purpose; and

c.

The semi-trailer, shipping container, or portable storage unit is parked or placed in a designated loading area, on a residential driveway, or on a construction site in an area that is designated on an approved construction staging plan.

(5)

Unshielded bare light bulbs that are larger than C9 format or brighter than fifty (50) lumens per bulb, except that neon tubing shall not be considered a "bare light bulb" for the purposes of this standard (note that illumination of signs in any manner is subject to Section 20-9-60).

(6)

Materials with a high degree of specular reflectivity, such as polished metal, installed in a manner that creates substantial glare from headlights, street lights, or sunlight. This prohibition does not include retroreflective materials that comply with the standards set forth in the Manual on Uniform Traffic Control Devices ("MUTCD").

(d)

Prohibited Obstructions. In no event shall a sign obstruct:

(1)

The use of building ingress or egress, including doors, egress windows, and fire escapes.

(2)

The operability of windows (with regard to movement only; obstruction of transparency is allowed within the limits set out in Table 20-9-90C).

(3)

The use or function of equipment, structures, or architectural elements that are related to public safety, building operations, or utility service (e.g., standpipes, downspouts, fire hydrants, electrical outlets, lighting, vents, valves, and meters).

(4)

Any area abutting an intersection that is required to be kept clear as a sight distance triangle.

(5)

The visibility of official traffic control signs to pedestrians and motor vehicle operators to whom such signs are directed.

(e)

Prohibited Mounts. No sign shall be posted, installed, painted, or mounted on, or applied, fastened, or affixed to any of the following:

(1)

Any tree or shrub.

(2)

Any utility pole or light pole, unless:

a.

The sign is a banner or flag that is not more than ten (10) square feet in area;

b.

The banner or flag is mounted on brackets or a pole that extend not more than thirty (30) inches from the utility pole or light pole;

c.

The banner or flag is either situated above an area that is not used by pedestrians or vehicles, or the bottom of the banner or flag has a sign clearance of at least eight (8) feet above pedestrian use areas or fifteen (15) feet above vehicular use areas; and

d.

The requirements of subsection (f), below, are met, if applicable.

(f)

Prohibited Locations. In addition to applicable setback requirements and other restrictions of this Article, no sign shall be located in any of the following locations:

(1)

In or over public rights-of-way (which, in addition to streets, may include other sidewalks, parkways, trails, multi-use pathways, retaining walls, utility poles, traffic calming devices, medians, and center islands that are within public rights-of-way), except:

a.

Signs painted on or affixed to transit shelters and bus benches as authorized by the provider of the shelter or bench, but not extending beyond the physical structure of the shelter or bench;

b.

Signs that are the subject of a revocable license agreement with the City, installed and maintained in accordance with the terms of the license agreement; or

c.

Required signs, if posting within the right-of-way required (e.g., signs required for traffic control plans, authorized work within the right-of-way, etc.).

(2)

In locations that have less horizontal or vertical clearance from authorized communication or energized electrical power lines than the minimum clearance required by the laws of the State of Colorado and the regulations duly promulgated by agencies thereof.

(g)

Content. Except as provided in this Section, no sign shall be approved or disapproved based on the content or message it displays.

(1)

Prohibition on Certain Types of Unprotected Speech. The following content, without reference to the viewpoint of the individual speaker, shall not be displayed on signs:

a.

Text or graphics that is harmful to minors as defined by state or federal law;

b.

Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats, as such words and phrases are defined by controlling law; or

c.

Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs; or signs that provide false information related to public safety (e.g., signs that use the words "Stop," "Yield," "Caution," or "Danger," or comparable words, phrases, symbols, or characters that are presented in a manner as to confuse motorists or imply a safety hazard that does not exist).

(2)

Severability. The narrow classifications of content that are prohibited from display on signs by this subsection are either not protected by the United States and Colorado Constitutions, or are offered limited protection that is outweighed by the substantial and compelling governmental interests in protecting the public safety and welfare. It is the intent of the City Council that each paragraph or subsection of this Section 20-9-50 (e.g., Subsections (g)1.a, (g)1.b, or (g)1.c) be individually severable in the event that a court holds one (1) or more of them to be inconsistent with the United States Constitution or Colorado Constitution.

(Ord. 1188 §3, 2016)

(a)

Generally. The illumination of signs shall be in accordance with the requirements of this Section.

(b)

Shielding and Direction of Lighting.

(1)

No internal sign lighting shall include any exposed light source, except that neon or comparable tube lighting is permitted in the II and BI sign districts.

(2)

When external light sources are used to illuminate detached signs, the light source must be concealed from view from on and off-site vehicular and pedestrian use areas and from within existing buildings.

(3)

All externally illuminated signs shall have their lighting directed in such a manner as to illuminate only the face of the sign, and not to create glare or sky glow.

(d)

Luminance. Between sunset and sunrise, internally lit signs (including electronic message centers) shall not exceed one hundred fifty (150) nits (or cd/m ² ) of luminance.

(e)

Spillover. No sign or associated luminaire shall create light spillover of more than one (1) lux at any property line within or bounding a residential zoning district or residential component of a planned unit development zoning district.

(Ord. 1188 §3, 2016)

(a)

Generally. The display and operation of manual changeable copy message centers or electronic message centers (collectively, "message centers") shall be in accordance with the requirements of this Section.

(b)

Limitation on Number of Message Centers. Not more than one (1) sign per frontage shall include a message center element. Signs with two (2) faces may include a message center element on each face, provided that the angle between the faces does not exceed thirty (30) degrees.

(c)

Limitation on Sign Area. Not more than seventy (70) percent of the sign area of a sign may be comprised of a message center element.

(d)

Design. No sign shall include a manual changeable copy message center and an electronic message center element on the same sign face.

(e)

Location. Message centers are not allowed on residential property or in the AG sign district.

(f)

Electronic Message Center Operations.

(1)

The displayed message shall not change more frequently than once per six (6) seconds.

(2)

The sign shall contain static messages only, changed only through dissolve or fade transitions that do not exceed one (1) second.

(3)

The sign shall have automatic dimmer software or solar sensors to control brightness for nighttime viewing and variations in daytime ambient light. 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.

(4)

Electronic message centers that are located in the RE sign district must be turned off between the hours of 9:00 p.m. and 6:00 a.m.

(Ord. 1188 §3, 2016)

The standards of Table 20-9-80, Permanent Freestanding Signs, apply to permanent freestanding signs. These standards are applied in conjunction with all other applicable standards of this Article.

Table 20-9-80
PERMANENT FREESTANDING SIGNS

(a)

Generally. The standards of this Section apply to attached permanent signs, based on the form of the sign. These standards are applied in conjunction with all other applicable standards of this Article.

(b)

Wall Signs. Wall signs are allowed according to the standards in Table 20-9-90B, Wall Signs.

(c)

Permanent Attached Banners. Banners may be installed on building walls as provided in Table 20-9-90B, Applied or Painted Wall Sign. All attached banners must be fastened and framed to the building in a manner that obscures the fasteners and ties.

TABLE 20-9-90B
Wall Signs

(c)

Window Signs. Window signs are allowed according to the standards in Table 20-9-90C, Window Signs.

TABLE 20-9-90C
Window Signs

(d)

Projecting Signs. Projecting signs are allowed according to the standards in Table 20-9-90D, Projecting Signs.

TABLE 20-9-90D
Projecting Signs

(e)

Canopy Signs. Canopy signs are allowed according to the standards in Table 20-9-90E, Canopy Signs.

TABLE 20-9-90E
Canopy Signs

(Ord. 1188 §3, 2016; Ord. 1197 §3, 2017)

(a)

Generally. The standards of this Section apply to detached temporary signs. The standards of this Section are applied in conjunction with all other applicable standards of this Article.

(b)

Detached Temporary Signs. Detached temporary signs are allowed according to the standards in Table 20-9-100B, Detached Temporary Signs. No more than two temporary sign types are permitted to be displayed on the property at the same time.

TABLE 20-9-100B
Detached Temporary Signs

(Ord. 1188 §3, 2016)

(a)

Generally. The standards of this Section apply to attached temporary signs. The standards of this Section are applied in conjunction with all other applicable standards of this Article.

(b)

Attached Flags. In the RE sign district, up to three (3) flagpoles may be mounted on each building elevation, and one (1) flag installed on each flagpole, provided that the flagpole does not extend above the roofline of the building.

(c)

Temporary Attached Banners. Banners may be installed on building walls as provided in Table 20-9-110B, Attached Temporary Signs.

TABLE 20-9-110B
Attached Temporary Signs

(d)

Temporary Sign Covers. Temporary sign covers are permitted in all sign districts, provided that they are used during a period not to exceed forty-five (45) days in which a new permanent sign or sign component that is permitted by this Article is being fabricated or installed.

(e)

Window Signs. Temporary window signs are allowed in all locations where permanent window signs are allowed, provided that the standards of Table 20-9-90C are met as to the combination of temporary and permanent window signs.

(Ord. 1188 §3, 2016)

(a)

Generally. The purpose of temporary signs is to display messages for a relatively short time period. Temporary signs shall not be used to circumvent the regulations that apply to permanent signs, or to add permanent signage to a property in addition to that which is allowed by this Article.

(b)

Duration of Display.

(1)

In general, a temporary sign shall be removed as of the earlier of the date that:

a.

It becomes an abandoned sign; or

b.

It falls into disrepair (see Section 20-9-130, Maintenance of Signs); or

c.

Exceeds six (6) months of continuous display.

(2)

Temporary signs that are required due to governmental regulation (e.g., public notices) shall be removed as required by the applicable regulation.

(Ord. 1188 §3, 2016)

Maintenance of signs shall be subject to the following provisions:

(a)

The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally responsible for sign maintenance.

(b)

Each sign and all components thereof, including sign structures, supporting hardware, and sign faces, shall be kept in a good state of repair, such that the sign is:

(1)

Clean and neatly painted, finished, printed, or applied, as may be applicable;

(2)

In compliance with all applicable building and electrical codes;

(3)

In good working order, including associated internal or external lighting or electronic message centers;

(4)

Free from rust, corrosion, rot, damage, or other deterioration in physical appearance or structural integrity; and

(5)

Upright (if freestanding) and level (if designed to be level).

(Ord. 1188 §3, 2016)

In addition to other enforcement procedures in the City of Fort Morgan Municipal Code, the City Manager or designee may inspect any sign governed by this Article and shall have the authority to order the repainting, repair, alteration, or removal of a sign that constitutes a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, partial destruction, unlawful placement, building or electrical code violation, or noncompliance with Subsection 20-9-50(g).

(Ord. 1188 §3, 2016)

Any legally established nonconforming sign shall be permitted without alteration in size or location, unless movable or unattached. If such sign is damaged or dilapidated to an extent of more than fifty percent (50%) of its replacement cost at the time of damage or repair, as determined by the City Manager or designee, it shall not be rebuilt; provided, however, that nothing herein shall prevent maintenance, repainting or normal repair of legally established nonconforming signs.

(Ord. 1188 §3, 2016)

Removal of signs shall be subject to the following provisions:

(a)

Whenever any sign is no longer functional or is abandoned, the sign shall be removed by the person or entity owning or having possession over the real property and/or sign within thirty (30) days after such abandonment, after such time the City Manager or designee may cause the removal of the sign.

(b)

The City Manager or designee may cause the immediate removal of any sign within the public right-of-way if the sign is placed without first complying with the requirements of this Article and possessing a revocable right-of-way permit from the City.

(c)

Signs removed by the City Manager or designee shall be stored for thirty (30) days, during which they may be recovered by the owner only upon payment to the City of the costs of removal and storage. If not recovered within the thirty-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City. The costs of removal and storage (up to thirty (30) days) may be billed to the owner. If not paid, the applicable costs may be imposed as a tax lien against the real property upon which the sign was displayed.

(Ord. 1188 §3, 2016)