From the Desk of Councilwoman
Carla Madison

Sandwich Board Sign Ordinance

Frequent calls from retailers and restaurants on 17th Avenue, Colfax and Broadway, requesting the legalization of this method of advertising is what has led to the creation of this ordinance. Sandwich boards are used on pedestrian-oriented corridors world-wide to give local retailers a way to advertise their lunch special or discounts and keep a passing customer from just walking by without noticing a place of business.

Councilman Chris Nevitt and I are working collaboratively with Public Works to propose solutions to concerns raised about allowing outdoor sidewalk signage while still meeting the needs of small businesses in this tough economic climate. Feedback was solicited from affected business districts and constructive suggestions have been incorporated and concerns addressed in the current draft legislation.

Each individual sign location will be permitted by an inspector who will make sure there is adequate room for the sign and to assure that an open walkway with ADA standards is maintained. The signs will be located in the amenities zone with benches, light poles, and street trees, and must be attached to a flush mount anchor to keep them from blowing away, inching their way into the walkway or being located in a different place. The signs must be a specific size and height, can only be out when stores are open and, although they can be illuminated, there can be no obstruction across the right of way to provide electricity to the signage. As suggested by Councilmember Garcia the proposed permit fee of $50 annually will be waived until January 2010.

This language has been vetted through many of the city’s business associations and the Human Rights and Community Relations Agency – Denver Commission for People of Disabilities. Business Improvement Districts will have the ability to disallow these signs in their area or on pedestrian malls. The signage will be allowed in most business districts including small neighborhood retail areas in Denver.

The proposed draft legislation will be heard at the February 24th meeting of the Neighborhood, Community and Business Revitalization Committee (NCBR), chaired by Councilmember Rick Garcia. Because this is not a zoning change there is no requirement for a public hearing, but because it affects many constituents directly, we will be requesting a hearing on the matter, once it passes out of committee.

Below is the final version of the Sandwich Board ordinance. There have been a few changes since you may have seen it last, most notably it requires that the sign advertise only the business it is located in front of or products that it sells and no business will get a permit for a sign unless their premises is in compliance with the current sign code and could be revoked if they fall out of compliance. Our city attorney also felt that for 1st Amendment purposes it needs to say that it can also include non-commercial messages. There may be some tweaks as to sign size, etc, and we are waiving the permit fee till 2010.

If you are happy with this ordinance we would appreciate your input.

As always, thank you for your support and input into legislative matters that impact neighborhoods and businesses. Please feel free to contact me at carla.madison@denvergov.org or 303-298-7641 for additional information.

Thank you!
Councilwoman Carla Madison

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BY AUTHORITY

ORDINANCE NO. COUNCIL BILL NO.

SERIES OF 2009 COMMITTEE OF REFERENCE:

A BILL
For an ordinance relating to Chapter 49 (Streets, Sidewalks and Public Ways), allowing certain temporary signs in the right-of-way.

BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER:
Section 1. Section 49-437(d), of Chapter 49 (Streets, Sidewalks and Public Ways), Denver Revised Municipal Code (DRMC) shall be enacted and added to the DRMC to read and be read as follows:

Sec. 49-437(d) The manager of public works or his designee (“manager”) may grant permission for the placement of a temporary sign in the public right of way.

(1) Temporary signs may be permitted in the right-of-way provided:

a. The sign is located in any business, main street, industrial, R-MU-20, R-MU-30 or T-MU-30 zone district, except the CCN (Cherry Creek North) district, as defined and determined by chapter 59, Denver Revised Municipal Code;

b. The sign is placed between a building front and the curb line;

c. The sign is at least two (2) feet behind the curb line;

d. The sign does not obstruct the sidewalk and complies with any applicable provisions of the Americans with Disabilities Act;

e. The sign is not made to look like, and does not contain any representation of, a traffic control device or sign;

f. The sign is not more than three (3) feet above grade at its tallest point and is no wider than thirty (30) inches at its widest point;

g. The sign has sign faces no larger than thirty (30) inches by three (3) feet and has no more than two faces;

h. The sign may only advertise the establishment it is placed in front of and products and services sold or provided by that establishment. The sign may also have non-commercial messages.

i. There is no more than one (1) such sign per street level business with direct street level access, per street front;

j. The sign is neither flashing nor animated;

k. The sign may be illuminated provided the power supply for the illumination does not in any way impede pedestrian traffic and provided the illumination does not, in the opinion of the manager, interfere in any way with safe traffic or pedestrian movement.

l. The sign is anchored to the ground in a manner approved by the manager;

m. The sign is removed from the right-of-way whenever the business it is located in front of is closed;

n. The sign in no way causes any safety issues with traffic – this would include, but is not limited to, line of sight issues at intersections and access points or obstruction of vision of traffic control devices or other traffic.

o. The exact location of the sign must be as shown on the approved permit.

p. No sign shall be approved if the property is not in compliance with the Denver Zoning Code, as it relates to signs (“Denver Sign Code”). If, after receiving a permit, the property fails to remain in compliance with the Denver Sign Code, the permit shall be revoked and shall not be reissued for one year.

(2) Such temporary signs, when properly approved by the manager, shall not be considered non-conforming signs under the provisions of section 49-438(a) nor shall they be subject to the termination provisions of section 49-438(c).

(3) The applicant shall file a written statement with the manager in a form satisfactory to the city attorney, whereby such permittee agrees to indemnify and hold harmless the city, its officers, and employees, from any loss, liability, or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use, or maintenance of a sign permitted under this section 49-437(d).

(4) Effective January 1, 2010 applicants shall pay a permit fee of $50.00 dollars annually for each sign permitted.

(5) Business improvement districts (BIDs) may notify the manager, in writing, that they do not want to have such signs permitted anywhere in their district, or that they do not want such signs on any pedestrian mall in their district. If such notification is made the manager shall not permit signs in those BIDs or pedestrian malls.

(6) The manager shall issue permits for one year, however, the permits may be revoked earlier at the manager’s discretion. Such permits shall be renewable yearly, provided all the provisions of this section are met.