Sign Code Rewrite

UPDATES:

August 2, 2023 Update: City Council adopted Ordinance No. 2209 approving the Sign Code Rewrite and associated code changes to make those changes possible. You can review the staff memorandum from the second reading of this ordinance and the new code language here. Ordinance No. 2209 will be effective January 1, 2024, sign permits issued prior to this date shall conform with the current Broomfield Sign Code requirements, those issued after January 1 will be required to comply with the regulations in Ordinance No. 2209.

April 6, 2023 Update: A revised draft of the sign code ordinance has been uploaded to the document library. This update includes clarifications and corrections to typographical and copy errors.

March 30, 2023 Update: A revised draft of the sign code ordinance reflecting changes made in response to City Council's direction at the March 14, 2023 Study Session has been uploaded to the document library.

During the January 17, 2023 Broomfield City Council study session, a new long term project was introduced which provides a systematic approach to the continued update of development review process tools such as zoning regulations, community-wide design guidelines, and area plans. These updates are intended to reflect changes in priorities such as increased emphasis on sustainability and income-aligned housing. The project presentation included a tentative timeline outlining project targets.

One of the projects identified for completion in 2023 was updating the City and County of Broomfield sign code to address changes in the law and to make the code more user friendly.

Broomfield’s sign code was originally adopted in 1973 as part of Ordinance No. 149 which approved the City of Broomfield’s Zoning Ordinance. The sign code was first amended in 1975, and has had a series of 16 additional amendments made to various subsections within the sign code between 1975 and 2022. However, there has not been a large-scale update to the code in many years.

Changing Law - Reed v. Town of Gilbert Decision

In 2015 the Reed v. Town of Gilbert case was decided by the United States Supreme Court. The Court invalidated the Town of Gilbert’s sign regulations because the regulations contained impermissible content-based distinctions. The Town of Gilbert in Arizona adopted a sign ordinance with restrictions on “temporary directions signs relating to a qualifying event,” “ideological signs” and “political signs” among other signs. In this case, a church held services at a local elementary school and posted signs indicating the times of the church services in violation of the Town’s sign code.

The church was cited with a violation of the sign regulations by the Town and ultimately the church contested the violation. The U.S. Supreme Court reasoned that, because the Town of Gilbert’s sign ordinance classified signs into different categories on the basis of their messages—such as temporary directional, political, and ideological signs—and subjected each category to different restrictions, the ordinance was unconstitutionally content-based because one had to read the sign to classify the sign within the code.

The Court’s decision reaffirmed that regulations and laws like sign codes must be content neutral in nature to withstand First Amendment challenges. Since the Reed v. Town of Gilbert decision, local governments all over the country have been updating sign codes to remove impermissible content-based regulations as many governments utilized content-based regulations to categorize and regulate signs prior to this decision.

Local governments are still permitted to regulate signs and reasonable, content neutral, time, place, and manner restrictions of speech have been routinely upheld by courts as withstanding First Amendment challenges.

Broomfield’s current sign code currently classifies signs into different categories and subjects the different sign categories to different restrictions similar to the Town of Gilbert’s sign code. The intent of the revisions is to update the sign code ot be content neutral, and not to dramatically change the signs that are permitted in Broomfield today.The terminology used to refer to signs will be revised in this update. For instance, “political signs” are no longer used or referenced in the regulations and will instead be referred to as “yard signs.” Similarly, “real estate signs” have become “site signs.”

Existing Challenges with Chapter 17-44 B.M.C. - Sign Code

While one goal of the updates is to create a content-neutral sign code, staff is also utilizing this opportunity to address regulatory challenges with the code as well. As previously noted, the sign code has not undergone a large-scale amendment since the 1970s. Some ongoing issues with the current code that will be addressed through the proposed amendment include:

• Conflicting, ambiguous and contradictory sign code regulations
• Complicated temporary sign process
• Outdated signage regulations which include cumbersome layers of regulations and often result in variance requests through site development plans or planned unit development plans, such as:
  • Sign area ratios for individual land uses
  • Sign area calculation methodology related to building frontages
  • Complicated and outdated coverage limitations
  • Restrictive sign location limitations (placement on walls and maximum height restrictions for multistory buildings)
• Lack of clarity on how mixed use developments, particularly vertically stacked mixed uses are allocated signs
• Lack of regulations related to new technologies such as LED, changeable copy displays, and digital signs

Changes Proposed to the Broomfield Sign Code
Staff is proposing to repeal the current regulations in the sign code in its entirety, and reenact a new code for the chapter.

Staff has structured the regulations such that the purpose and definitions are addressed at the beginning of the code. Then, the regulations outline signs that are strictly prohibited, signs that are allowed in compliance with the code but don’t need a sign permit (i.e. exempt) and finally, signs that require a sign permit. Enforcement of the sign code is also covered as well as abilities to seek administrative relief from the sign code through limited administrative adjustments or special exceptions granted by the Neighborhood Board of Adjustment, Land Use Review Commission or City Council. Below are some highlights of the regulations.

This section is intended to be a very brief summary of the proposed regulations, please consult the complete draft ordinance for more specifics and details:

• Nonconforming Signs. With an update to the sign requirements, there will be instances where an existing business or property has signage that does not comply with the updated regulations. These signs will be allowed to remain in place until there is a change in use of the property or until significant changes need to be made to the signage. This allows a significant transitional period for businesses and residents and prevents financial burdens being placed on these groups.

• Applicability. The sign code generally applies to all signs within the City, however, some signs are specifically excluded including signs located entirely interior to a building and not visible outside, signs carried or worn by a person (this would include protestors and also sign spinners), and Governmental and Regulatory signs.

• New Categories of Signs. The new regulations will focus on the type of the sign rather than the content of the message of the sign. As a result, the new categories of signs generally are A-frame, awning or canopy, banner, feather, digital, display, ground, incidental, monument, projecting, site, wall, window or yard sign. All of the sign types permitted under our current regulations should fit within one of these categories.

• Prohibited Signs. As the previous regulations provided, there are some signs that are not appropriate in our community and are strictly prohibited. The prohibitions generally follow the signs that were previously prohibited but have been updated for additional clarity. Staff has also clarified that nongovernmental signs on utility poles and trees on public or private property are prohibited.

• Signs Requiring a Permit. The code outlines the process for sign permitting and it is consistent with the existing process. Updates were made for clarity and to address electronic submission and email considerations.

• Digital Signs. Digital signs were largely unaddressed in the current version of the sign code. The revised regulations have been updated to modernize the sign code and address the realities of electronic and digital signs in our community. Standards for the illumination of the signs, which match the recommendations of the International Sign Association and followed by many jurisdictions around the country, are being proposed.

• Exempt Signs. Staff is proposing that a number of signs are allowed under the regulations but without the need for the issuance of a sign permit, i.e. exempt signs. This structure allows the City to still regulate the nature of the sign, including reasonable size and placement restrictions, but simplifies the process by not requiring receipt of a sign permit. Some signs that are exempt include holiday or seasonal decorations, flags, incidental signs, directional signs, window signs and a large category of temporary signs including a-frame, banner, feather, site signs and yard signs.

• Temporary Signs. Multiple changes have been proposed to the temporary signage regulations as part of the code rewrite. These changes include:

  • Eliminating the commercial/noncommercial distinction for temporary signs. The new code language would allow temporary signs for residential and commercial uses.

  • Expansion and reorganization of temporary signs, including the incorporation of signs types which were content based (e.g. political signs, real estate signs, and construction signs) in the current code into temporary signs. The temporary sign types proposed in the new code would include:

    • A-frame signs

    • Banner signs

    • Feather signs (also known as teardrop signs)

    • Site signs - a new content neutral category of signage which would include signs such as real estate signs and constructions signs

    • Yard signs - a new content neutral category of signage which would include signs such as political signs.

  • Elimination of the temporary sign permit process. The current process requires applicants to submit a formal application, pay a nominal $5 fee, and place a neon colored sticker on their sign. In lieu of the permit,many temporary signs will be required to have the date of posting written on the sign.

• Permanent Signs for single-tenant and multi-tenant buildings. As part of the modernization of the sign code, staff is moving away from the current methodology of sign area calculations and maximums. The current code includes very restrictive limits for nonresidential uses in residential areas (such as places of worship, private schools, and child care facilities) and a maximum sign area of 300 square feet per business in commercial and industrial zone districts. The current code also sets forth ratios for sign area calculations based upon frontage calculations for the businesses.
  
  Staff is proposing to shift from the frontage ratio method to calculations based upon building square footage, and increased sign area limits to better align with common increased signage requests by businesses. Staff is proposing the following new sign allowances:
  
  For single-tenant buildings:

The business could then divide this allotment of signage among various types of wall mounted or freestanding signage pending their need.

Staff is proposing to base tenant signage based on the tenant’s floor area rather than building frontage. Staff is also proposing to increase the minimum sign area allowed for a tenant space from the current 25 square feet to a new minimum of 35 square feet.

For multi-tenant buildings:

Changes Requested by Council at Study Session

At the March 14 Study Session, City Council directed staff to make revisions to the following sections. These revisions will be reflected in the updated draft ordinance to be uploaded prior to the April 13 open house.

• Revisions to yard sign regulations
• Revisions to mural/art regulations to remove details requirements
• Revisions to landscape/hardscape requirements for freestanding signs