Attachment B - Proposed Code Changes Special Festival Events

Special Meeting, June 4, 2026 · item 3D: Introduction, first reading and consideration of a motion to order published by title only Ordinance 8751 amending Title 4, “Licenses and … · 18 pages

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ATTACHMENT B

2 PROPOSED CODE CHANGES FOR

SPECIAL FESTIVAL EVENTS

4 5

Section 1. Section 4-11-4, “Uses Prohibited Without Permit,” B.R.C. 1981, is amended

to read as follows:

(a) (1)

8 9 10

...

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No person shall sell, display for sale or advertise for sale any goods or services to the public on the mall without a valid permit or lease therefor issued under this chapter or Chapter 4-12, “Special Festival Events,” B.R.C. 1981. This subsection does not apply to a sign, including, without limitation, a sandwich board, carried by a person and not set on or affixed to the ground.

Section 2. Section 4-11-16, “Special Event Permit,” B.R.C. 1981, is amended to read as follows:

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(a)

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Special eEvent permits may be issued for all zones. An applicant for a sSpecial eEvent permit which is to include any part of Zone 1 shall obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate.

... (f)

Special festival event permits, following the process laid out in Chapter 4-12, “Special Festival Events,” B.R.C., 1981, may be issued for the mall.

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Section 3. A new Chapter 4-12, “Special Festival Event Permits,” B.R.C. 1981, is added to read as follows: 4-12-1. - Legislative Intent. The purpose of this chapter is to protect the public health and safety by regulating large scale events in the city that may have a substantial impact on city operations, as well as to promote the public interest by facilitating events that attract visitors, provide positive impacts to

26 Draft Ordinance – Special Festival Events

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the local economy, bring cultural vitality to the city, and contribute to a higher quality of life for city residents, visitors, and the local business community. 4-12-2. - Definitions. The following terms used in this chapter have the following meanings, unless the context clearly indicates otherwise: Special festival event means an organized event that can occur on public or private property or on both that 1) involves use of streets, sidewalks, parks, or other city property in a way that does not comply with normal or usual traffic, pedestrian, park, or similar regulations or controls; 2) is held over multiple consecutive days; and 3) involves a number of spectators or attendees that is expected to exceed 15,000 people. A special festival event often involves a contractual relationship with the city and provides extraordinary economic benefit to the community.1 Sponsor means an organization, company, or individual that provides financial support, in-kind resources (goods/services), or promotional assistance to a special festival event operator or organizer in exchange for specific branding and marketing benefits. Vendor means any person or entity—including owners, agents, consignees, or employees—who sells, attempts to sell, or offers to the public free of charge any services, goods, wares, merchandise, or food from a temporary location at a special festival event, excluding a person selling on behalf of the city or at an event sponsored by the city, or a person operating from a permanent indoor location on their own property.

4-12-3. - Special Festival Event Permit.

(a)

The city manager may issue a permit for a special festival event that will apply only for the duration of the Special Festival Event and a reasonable amount of time to set up and take down such event, but in no circumstances shall such time exceed thirty days.2

(b)

Applicants for a special festival event permit may submit applications to the city up to twelve months in advance of the first day of the scheduled festival event, and no later than ninety days before the first day of the festival event, and such application must include the following:3

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1 Establishes a definition for special festival event that encompasses large festivals occurring over

consecutive days involving events that may occur on both private and public property throughout the city, require coordination between many city departments, taxes city resources, and brings significant economic advantages to the city that far outweigh the burden on city resources. 2 Limits the time during which a special festival event permit is active to a maximum of thirty days.

3 Applicants for special festival event permits may submit applications up to a year in advance up to

ninety days before the event. They must submit a list of all vendors and sponsors, security plans, locations for all associated events, a comprehensive sign plan, and a fee.

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(1)

A complete list of sponsors and vendors expected at the event;

(2)

A complete list of all unique addresses or properties on which festival activities will occur within the city (“special festival event boundary”);

(3)

A safety and security plan;

(4)

A comprehensive sign plan that must include a list of all external signs or structures associated with the event, including those of all event sponsors or vendors;

(5)

Any anticipated street closures or anticipated encroachment upon any public right of way or public easement. Separate right of way permits obtained in compliance with Chapter 8-6, “Public Right-of-way and Easement Encroachments, Revocable Permits, Leases and Vacations,” B.R.C. 1981, will be required for encroachments upon any public right of way or public easement; and

(6)

Payment of any applicable fee established by ordinance, city policy, or city manager rule.

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(c)

Any supplemental plans or application materials for a special festival event must be submitted no later than thirty days prior to the event.

(d)

The applicant, sponsors, and vendors must comply with all city regulations and standards, including the building and land use codes. Structures and stages may require building permits. All vendors and sponsors of a special festival event must obtain right of way permits, business licenses, festival liquor permits, and special event liquor licenses, as applicable.

(e)

The special festival event permit shall establish a special festival event boundary.

(f)

Other than those listed below, no special festival event permits will be issued during the following times:

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(1)

Sundance Film Festival (as per dates in contract - dates vary annually)

(2)

Bolder Boulder event (Memorial Day)

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(g) When more than one application for a special festival event is received for the same day(s) and for conflicting locations or routes, the city manager shall issue a permit, subject to the other provisions of this chapter, based on the following order of priorities.4

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4 Includes criteria for choosing between conflicting special festival events and precludes the ability for

issuance of special festival event permits during the Sundance Film Festival or the Bolder Boulder, but also allows the City Manager to consider public health and safety when limiting the number of regular special event permits issued during a festival event.

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(1) Special festival events for which the city is obligated to host pursuant to a contractual agreement, subject to such agreement and legal parameters;

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(2) Special festival events planned, organized or presented by state of Colorado, federal, or city governmental entities or their agents if the request is made in good faith and not with the intent or purpose of improperly chilling constitutionally protected rights of competing applicants;

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(3) Historic usage special events where the same applicant has been granted use of a particular city forum at a particular date, time, and place for two or more consecutive years; and

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(4) If paragraphs (1), (2) or (3) of this subsection are inapplicable, priority shall be given to a first in time filing.

8 (h)

Unless otherwise specified in this section, all the general licensing requirements in Chapter 4-1, “General Licensing Provisions,” apply to permits issued pursuant to this section.

(i)

Special festival event activities on private property must be consistent with the use standards in Chapter 9-6, “Use Standards,” B.R.C. 1981, as a special festival event use or other use that is allowed or may be approved on the property.

(j)

The city manager may adopt rules necessary for the implementation and interpretation of this section under the procedures of Chapter 1-4, “Rulemaking,” B.R.C. 1981. Such rules may include, without limitation, prescribing forms for license applications, information that applicants and licensees shall provide, and books and records that licensees shall keep, and limiting the number of permits issued for any events to avoid any undue congestion and uphold the public health, safety, and welfare.

Section 4. Chapter 4-18, “Street, Sidewalk and Public Property Use Permits,” B.R.C.

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1981, is amended to read as follows:5

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4-18-2. Public Property Use Permits. (a)

No person shall place for sale or for solicitation of orders any merchandise or other things upon any street, alley, sidewalk or other public property or suspended from any building or structure over the street, sidewalk or public property without first obtaining a permit from the city manager under this section or in connection with a special festival event permit issued pursuant to Chapter 4-12, “Special Festival Events,” B.R.C., 1981.

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5 Makes clear these types of activities may be permitted in connection with a special festival event.

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...

4-18-3. Sidewalk Banner or Awning Permit Required.

(a)

4 5 6

...

7 8

No person shall place or cause to be placed any flying flag, banner, sign, fixed awning, canopy or marquee that projects into any street or sidewalk in the City without first obtaining a permit from the city manager under this section or in connection with a special festival event permit issued pursuant to Chapter 4-12, “Special Festival Events,” B.R.C. 1981.

Section 5. Section 8-3-14, “Permits for Organized Events,” B.R.C. 1981, is amended to read as follows:

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(a)

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No person shall organize, promote, or stage a recreational, athletic, or social event intended for or which can reasonably be expected to draw an attendance of fifty or more participants and spectators in any park, parkway, recreation area, or open space without first obtaining a permit from the city manager under this section or in connection with a special festival event permit issued pursuant to Chapter 4-12, “Special Festival Events,” B.R.C. 1981.

...

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(h)

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This section does not apply to special festival event permits issued pursuant to Chapter 412, “Special Festival Events,” B.R.C. 1981, and applies only to areas for which an entry fee is not normally charged. Section 6. Chapter 8-6, “Public Right-of-way and Easement Encroachments, Revocable

Permits, Leases and Vacations,” B.R.C. 1981, is amended to read as follows:

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8-6-11. - Private Signs on Public Property.

(a)

The city manager shall have no authority to grant permission to any private party to post a private sign on any public property, including, without limitation, the public right-ofway, unless specified otherwise below.

(b)

This limitation shall not be construed to prevent posting of the following types of signs, provided all requirements of this section are satisfied:

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(1)

Private persons may post signs on public property over which they hold an easement, if such signs identify private utility property placed within the

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easement, or are allowed pursuant to Section 9-9-21, “Signs,” B.R.C. 1981, in access easements.

1 2

(2)

Private persons may post signs on land leased from the City during the term of such lease and not inconsistent with the terms of such lease, provided that such signs would be allowed if placed on private property pursuant to Section 9-9-21, “Signs,” B.R.C. 1981, but the city manager may lease public land solely for the purpose of a sign only to an adjacent property owner who needs to place some, but not all, of the supports for the sign on public property, and otherwise complies with this chapter.

(3)

Private persons may post signs on public property which are incidental to a special event or special festival event for which specific permission to place temporary structures on or otherwise use the public property has been granted, consistent with any limitation on the size, number, location or other physical features of such signs imposed in the permit. In determining limitations to be placed on posting signs in a permit on public property, the city manager shall be guided by the provisions of Section 9-9-21, “Signs,” B.R.C. 1981, as they would apply to limit the size, number, location and other physical features of signs were the property to be private, but may make reasonable allowance for how the public property, because of its public uses, may differ from private property and thus render inappropriate such limitations. Unless specifically required in the permit, no separate sign permit under Section 9-9-21, “Signs,” B.R.C. 1981, is required for signs specifically addressed in such permit.

(4)

The city manager may permit the posting on or over public property of temporary banners, signs or other decorations that are in celebration of a special event, special festival event, or occasion occurring in Boulder, sponsored by the City or connected to Boulder's history, including, but not limited to, an artistic, athletic, charitable, civic, cultural, seasonal or historical event. Such banners, signs or other decorations shall be permitted only as attachments to existing electroliers or other public poles and structures. Not more than ten percent of the surface area may be used to identify the name or logo of not more than two sponsoring persons or organizations. The city manager shall promulgate regulations pursuant to Chapter 1-4, "Rulemaking," B.R.C. 1981, and shall specify maximum sizes, materials and installation requirements, acceptable banner vendors, insurance requirements, a list of acceptable public property locations that do not conflict with the intent of Section 9-9-21, “Signs,” B.R.C. 1981, and such other matters as the city manager may deem necessary or desirable. Such regulations shall also identify a system for allocating acceptable public property locations in the event applications for such permits exceed the available locations.

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Section 7. Title 9, “Land Use Code” B.R.C. 1981, is amended to read as follows:

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9-3-10. - Airport Influence Zone. ... Draft Ordinance – Special Festival Events

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(c)

City-Wide Restrictions: (1)

Prohibitions: No person shall establish or maintain any structure or use which:

3 4 5 6 7 8

(B)

Mimics airport lights; or

(C)

Results in glare affecting aircraft using the airport.

Hazards: No person shall establish or maintain any hazard.

(3)

Development Permits: No development permit shall be granted or approved that would create a hazard or that would allow an existing structure or use to become a greater hazard. Notwithstanding the provisions of this paragraph and Subsection 9-6-5(vx6), B.R.C. 1981, no person shall, on or after July 1, 1989, acquire any vested right to maintain any hazard which the city manager may subsequently determine to exist, nor shall the city be estopped from proceeding to remove such hazard, under the procedure set forth in Paragraph (c)(4) of this section.

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9-6-1. – Schedule of Permitted Land Uses. ... Table 6-1: USE TABLE

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IMS

DT-5

DT-4

BR-1, BR-2

BCS

BC-1, BC-2

BMS

BT-1, BT-2

MU-4

MU-2

Specific Use A Standards

MU-1

MU-3

IS-1, IS-2

RH-1, RH-2, RH-4, RH-5

RMX-2

RMX-1

Zoning District

… COMMERCIAL USES

…

Art studio or workshop

Campground

Indoor athletic facility

RM-1, RM-3

DT-1, DT-2, DT-3

RL-2, RM-2

Use Module R1 R2 R3 R4 R5 R6 R7 R8 MH M1 M2 M3 M4 B1 B2 B3 B4 B5 D1 D2 D3

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RR-1, RR-2, RE, RL-1

A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited

RH-6

Creates any electrical interference with navigational signals or radio communications at the airport;

(2)

(A)

RH-3, RH-7

Recreation and Entertainment U

[U] [U] [U]

Indoor commercial recreation

Outdoor recreation or entertainment

Small theater or rehearsal space

[A] [A] [A]

[A]

[A] [A] [A]

[A] [A]

[A] [A] [A] [A]

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6 Renumbered due to the addition of a new land use in Section 9-6-5, B.R.C. 1981.

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9-6-5(f)

9-6-5(g)

IS-1, IS-2

IMS

DT-5

DT-4

BR-1, BR-2

BCS

BC-1, BC-2

BMS

BT-1, BT-2

MU-4

MU-2

MU-1

MU-3

Specific Use A Standards

RH-6

RH-3, RH-7

RMX-2

RMX-1

DT-1, DT-2, DT-3

RH-1, RH-2, RH-4, RH-5

RM-1, RM-3

Zoning District

RL-2, RM-2

Use Module R1 R2 R3 R4 R5 R6 R7 R8 MH M1 M2 M3 M4 B1 B2 B3 B4 B5 D1 D2 D3

2 3

RR-1, RR-2, RE, RL-1

A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited

Special festival event

[A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A]

Temporary event

[C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] 9-6-5(ih)

9-6-5(h)7

Office Uses

Administrative office

Medical office

[A] [A] [A] [A]

[A]

[C]

Office

[A]

[A] [A] [A] [A]

[A]

[A] [A] [A] [A]

Research and development

[A]

[A] [A] [A] [A]

[A]

Accessory sales

Building material sales

[U]

[A] [A] [A] [A]

9-6-5(nm)

Convenience retail sales

[U] [U] [U]

[A]

[A] [A] [A]

9-6-5(on)

Fuel sales

[U] [U] [U]

[U] [U]

[U] [U] [U] [C] [U] [C] [C] [U] [C]

[U] [U] [C] [C]

[U]

9-6-5(po)

Retail sales

[A] [A] [A] [A] [A] [A] [A]

[A] [A] [A] [A] [A]

9-6-5(qp)

Animal hospital or veterinary clinic

Animal kennel

Business support service

[A]

[A] [A]

[A]

Financial institution

[A]

[A] [A] [A] [A]

[A] [A]

[A] [A] [A]

Media production

[A] [A] [A]

[A] [A]

Mortuary and funeral chapel

Non-vehicular repair and rental service

[A] [A] [A] [A] [A] [A]

9-6-5(ut)

Neighborhood business center

[U] [U]

9-6-5(vu)

Personal service use

[A]

9-6-5(wv)

Car wash

Drive-thru use

[U] [U] [U] [U] [U] [U]

9-6-5(xw)

Fuel service station

[U] [U] [U] [C] [U] [C]

[U] [U] [C] [C]

[U]

9-6-5(yx)

Principal parking facility

9-6-5(zy) 9-6-2(c)

Sales or rental of vehicles

Service of vehicles

[U]

9-6-5(ji), (kj) 9-6-2(c) 9-6-5(ji), (lk) 9-6-2(c) 9-6-5(ji), (ml) 9-6-2(c)

Retail Sales Uses A

Service Uses

11 12 13

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9-6-5(rq) 9-6-2(c) 9-6-5(sr) 9-6-2(c) 9-6-5(ts) 9-6-2(c)

Vehicle-Related

[A]

[U] [U]

[U] [A] [U]

[A] [A]

9-6-5(aaz)

[U]

[A]

9-6-5(bbaa)

[A]

…

9-6-5. - Specific Use Standards - Commercial Uses. FOOD, BEVERAGE, AND LODGING

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7 New land use (Special Festival Event) added to the use table and associated renumbering of other land

uses in Section 9-6-5, B.R.C. 1981.

26 Draft Ordinance – Special Festival Events

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1 2 3

(a)

Bed and Breakfast:

... (d)

Mobile Food Vehicle: (1)

General Standards: The following applies to any mobile food vehicle: (A)

5 6

Location: Mobile food vehicles may operate in any of the following locations: ...

(iv)

8 9 10 11 12 13 14

... RECREATION AND ENTERTAINMENT

...

(h)

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Organized Event: As part of an organized event in any zoning district, as follows: a. In any zoning district onOn public property or in the public right-of-way as part of an organized event, special event, or street closure permit that is granted pursuant to the authority in Section 4-18-2, “Public Property Use Permit,” B.R.C. 1981, or other relevant code section; or a.b. On public or private property or in the public right-of-way as part of a special festival event pursuant to Chapter 4-12, “Special Festival Events,” B.R.C. 1981.8

Special Festival Event:9 (1) Standards: Special festival events are allowed by-right if the use meets the following standards: (i)

Such uses are temporary, limited to no more than 14 days in any annual period per event, unless otherwise approved by the city manager, and are part of a special festival event approved pursuant to Chapter 4-12, “Special Festival Events,” B.R.C. 1981;

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8 Mobile food vehicles are currently allowed as part of organized events. This change makes it clear that

Special Festival Events are considered part of organized events. Different from other organized events, special festival events may be on public or private property. The ordinance proposes to allow food trucks on public and private properties that are part of a special festival event.

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9 These are newly proposed standards that would apply to Special Festival Events. Compliance with

these standards would be affirmed during review of a special festival event permit.

26 Draft Ordinance – Special Festival Events

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(ii)

1 2

(i)(iii) Such uses may not result in unsafe conditions or unacceptable levels of congestion or result in damage to private or public property, including in

3 4

the public right of way;

(iv)

Upon termination of the use and on days for which no event is approved, the lot or parcel shall be returned substantially to its original condition unless otherwise approved by the city manager. All litter, fences, borders, tie-down materials, and other items associated with the temporary event shall be promptly removed. Unless otherwise approved by the city manager, "promptly," as used in this subparagraph, shall mean within five days;

(v)

Special festival events shall only be conducted by the owner or lessee of the property or with the permission of the owner or lessee of the property on which it is conducted;

(vi)

Prior approvals and nonconformities: A special festival event does not constitute a modification, enlargement, expansion or other modification to a prior approval under Chapter 9-2, “Review Processes,” B.R.C. 1981, nor an expansion of a nonconforming use and does not require a development review application under Chapter 9-2 nor any amendment or modification of a prior approval thereunder.10

6 7 8 9 10 11 12 13 14 15 16 17 18

The use is located within a special festival event boundary established in a permit approved pursuant to Chapter 4-12, “Special Festival Events,” B.R.C. 1981.

hi)

Temporary Event: (1)

Temporary events may be approved as a conditional use if the following standards are met: ... (I)

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City Manager Authorized to Issue Rules. The city manager may adopt rules necessary for the implementation and interpretation of this subsection under the procedures of Chapter 1-4, "Rulemaking," B.R.C. 1981. Such rules may include, without limitation, limiting the number of permits issued for temporary events during a special festival event to

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10 Removes requirements for land use review applications that may otherwise be triggered for what is a

limited duration event.

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avoid any undue congestion and uphold the public health, safety, and welfare.11

1 2 3

OFFICE USES (ij)

4 5 6

(1)

This subsection (i) sets forth standards for uses in the office uses category that are subject to specific use standards pursuant to Table 6-1, Use Table.

... (jk)

...

(kl)

Office Uses:

Medical Office: Office:

... (lm)

Research and Development:

...

RETAIL SALES USES

(mn) ...

(no)

...

(op)

Building Material Sales: Convenience Retail Sales: Fuel Sales:

... (pq)

Retail Sales:

...

SERVICE USES

19 20

(qr)

Business Support Service:

... (rs)

...

(st)

Financial Institution: Media Production:

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11 This city manager rule provision would allow the city manager to react quickly to limit the number or

location of temporary events at that same time as a special festival event if it is determined that the simultaneous events could create undue congestions or pose any safety concerns.

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1 2 3

... (tu) ... (uv)

...

(vw)

Neighborhood Business Center: Personal Service Use:

... VEHICLE-RELATED USES

(wx)

...

Non-Vehicular Repair and Rental Service:

(xy)

Drive-Thru Use: Fuel Service Station: (1)

The following standards apply to any fuel service station that may be approved as a conditional use or pursuant to a use review: (A)

11 12

...

(v)

14 15 16 17 18

General Standards: Any fuel service station that may be approved as a conditional use or pursuant to a use review shall meet the following standards:

... (yz)

Principal Parking Facility: (1)

In the DT-1, DT-2, DT-3, and DT-5 Zoning Districts:

... (v)

Floor Area Ratio Requirements: The maximum floor area ratio for non-parking uses shall be 0.7:1. Uninhabitable space shall not be included in the floor area ratio calculation for non-parking uses. The floor area ratios set forth in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, and the floor area ratio requirements applying to the Downtown (DT) districts, as shown in Section 9-8-1, "Schedule of Intensity Standards," B.R.C. 1981, shall not be applied to an automobile parking garage.

(vi)

Modified Through Site Review: The provisions in Subparagraphs (z)(1)(A)(i), (iii), (iv), and (v) of this section may be modified as part of a site review pursuant to Section 9-2-14, "Site Review," B.R.C. 1981, if the approving authority finds that the design of the

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In addition to the stacking requirements of Subparagraph (y)(1)(A)(ii) of this subsection, adequate space is provided for the storage of two vehicles per service bay off-street.

structure provides other features that mitigate the adverse effects of the building on the street and on pedestrians.

1 2

...

(zaa)

...

Sales or Rental of Vehicles:

(aabb) Service of Vehicles: ...

9-6-7. Specific Use Standards - Agriculture and Natural Resource Uses.

(a) Community Garden: (1) Standards: The following standards apply to all community garden uses:

(A) Retail Use Prohibited: Sales of goods or products are prohibited on the community garden unless otherwise permitted by Subsection 9-6-5(hi), "Temporary Event," B.R.C. 1981, or within any commercial use permitted within a nonresidential zoning district.

9 10 11

...

9-9-16. - Lighting, Outdoor.

(a)

Purpose: The purposes of the outdoor lighting standards are to: (1)

Provide adequate light for safety and security;

(2)

Promote efficient and cost effective lighting and to conserve energy;

(3)

Reduce light pollution, light trespass, glare and offensive light sources;

(4)

Provide an environmentally sensitive nighttime environment that includes the ability to view the stars against a dark sky so that people can see the Milky Way Galaxy from residential and other appropriate viewing areas;

(5)

Prevent inappropriate, poorly designed or installed outdoor lighting; and

(6)

Encourage quality lighting design; light fixture shielding, establish maximum uniformity ratios and establish maximum light levels within and on property lines.

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... (j)

Variances and Exemptions: The city manager is authorized to grant variances to this section in accordance with the following standards:

... (4)

Temporary Lighting Exemption: The city manager may grant an exemption from the requirements of this section for temporary outdoor activities that include, without limitation, fairs, carnivals, special events, special festival events pursuant

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to Chapter 4-12, “Special Festival Events,” B.R.C. 1981,12 sporting events, concerts, and promotional activities, if the city manager finds the following:

1 2

(A)

(B)

(C)

5 6

9-9-21. – Signs.

(a)

...

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

The length of time that the temporary lighting is to be used is not longer than thirty days; The proposed lighting is designed in such a manner as to minimize light pollution, light trespass, and glare as much as feasible; and The proposed lighting will comply with the general purpose of this section.

Application and Legislative Intent:

(2)

Intent: The purpose of this section is to protect the health, safety, and welfare of the residents of the city by regulating the design, construction, and installation of private signs in the city. The city council recognizes that signs are necessary means of visual communication for the public convenience and that businesses and individuals have the right to identify themselves and convey messages by using signs that are accessory and incidental to the use on the premises where the signs are located. In this section the council intends to provide a reasonable balance between the right of a business or an individual to identify itself and to convey its message and the right of the public to be protected against the visual discord that results from the unrestricted proliferation of signs, especially offpremises billboards. The ability to convey messages by signs is important to the proper and efficient functioning of society. However, the natural desire to speak more "loudly" through signs which are more numerous, larger, higher, and closer to the street than the signs used by one's neighbors and competitors requires a set of rules applicable to all similarly situated. With a level playing field the community as a whole benefits and no individual is disadvantaged in communicating. The council also intends by this section to ensure that signs are compatible with adjacent land uses and with the total visual environment of the community and that the value of nearby property and the economic health of the community as a whole are protected from visual blight. Another purpose of this section is to protect the public from hazardous conditions by prohibiting signs that: are structurally unsafe, particularly in light of the unique wind hazards in the city, obscure or distract the vision of motorists, or compete or conflict with necessary traffic signs and warning signals. In adopting this section, the council recognizes that the size of signs that provide adequate identification in pedestrianoriented areas differs from that necessary in vehicular-oriented areas where traffic is heavy, travel speeds are greater, and required setbacks are greater.

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12 This change makes special festival events among the events for which the city manager may grant a

variance to the outdoor lighting standards for any temporary lighting.

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... (E)

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(b)

Prohibitions and Prohibited Signs: (1)

Conformity With Sign Code Required: No person shall display, construct, erect, alter, use, or maintain any sign in the City except in conformance with the provisions of this section. No person shall display, alter, use, maintain, or enlarge any legal, nonconforming sign except in conformity with the provisions of this section. No person shall perform or order the performance of any act contrary to the provisions of this section or fail to perform any act required by the provisions of this section.

(2)

Sign Permit Required: Except as provided in subsection (c) and (d)(15) of this section, no person shall display, construct, erect, alter, or relocate any sign without first applying to the city manager and obtaining a permit under this section.

(3)

Specific Signs Prohibited: No person shall erect, install, post, display, or maintain any of the following signs, except as may be allowed pursuant to subsection (d)(15):

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...

(d)

...

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Council finds that signs erected under a special festival event permit are temporary in nature and will not cause the aesthetic blight of the sort unacceptable to the city. Such signs will contribute to a unique festival experience for residents and visitors in the city for a limited time and within a limited area of the city. City council, therefore, finds separate standards for these temporary signs appropriate that ensure that these signs do not pose any risk to the health, safety and welfare of persons and property in the city.13

Size Limitations and Other Rules for Certain Signs:

(15)

Special Festival Event14: In addition to other such signs that may be allowed, the city manager may approve signs located within a special festival event boundary established in a permit approved pursuant to Chapter 4-12, “Special Festival Events,” B.R.C. 1981, consistent with the following:

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13 This section adds the legislative intent for the proposed standards for signs erected under special

festival event permit. 14 Adds new standards for signs erected during a special festival event, which would be reviewed in a

comprehensive sign plan submitted as part of any special festival event permit.

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(A)

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(B)

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(C)

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(D)

Comprehensive sign plan: The signs must be approved as part of a special festival event comprehensive sign plan submitted pursuant to Section 412, “Special Festival Events,” B.R.C. 1981. The comprehensive sign plan shall: (i) Be submitted to the city by the special festival event permit applicant or a vendor or sponsor identified in the special festival event permit, no less than 90 days prior to the special festival event. Modifications to the comprehensive sign plan may be submitted no less than 30 days prior to the special festival event; (ii) Identify the type, size, and specific mapped location of all signs including color renderings, pictures, and diagrams of all temporary signs; (iii) Specify how the different types of signs will be affixed to or projected upon buildings or structures, as applicable; (v) Specify the first and last day of the special festival event for which the sign plan is approved, and (vi) Any additional information necessary to demonstrate compliance with this section. Exemptions: Signs meeting the standards of paragraph (d)(15) of this section are exempt from the following standards: Subsections (d), “Size Limitations and Other Rules for Certain Signs,” except paragraph (d)(15), (e), “Limitations on Area, Number, and Height of Signs by Use Module,” (h), “Expiration of Permit,” and (k), “Signs in Approved Site Review Development.15 Exceptions to Subsection (b), “Prohibitions and Prohibited Signs:” The following signs, designated as prohibited pursuant in subsection (b), are permitted if signs meet the standards of paragraph (d)(15) of this section: Subparagraphs (b)(3)(C), “Height,” (b)(3)(D) “High Window,” (b)(3)(F), “Non-Appurtenant or Off-Premises,” (b)(3)(J), “Projected Image,” (b)(3)(M), “String of Lights,” (b)(3)(P), “Vehicular,” (b)(3)(Q), “Wind,” and (b)(3)(R), “Bicycles.”16 Standards: The signs shall: (i)

Not extend beyond the width and height of the building frontage to which they are affixed.

(ii)

Meet the following area, setback, and height requirements:

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15 As the signs erected during a special festival event will only be up for limited duration, they would not

have to meet certain standards that are more pertinent to permanent signs.

16 The section also excepts signs erected during a special festival event from prohibitions of certain signs

due to the limited duration for which they are erected provided the signs meet the standards of paragraph (d)(15).

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Wall Signs, Awning Signs, or Banners: The total cumulative area of all wall signs, awning signs, or banners on a face of a building may not exceed sixty percent of the area of that portion of the building face between ground level and the roof line;

Free-Standing Signs: Free-standing signs shall not be located within eighteen inches of a public sidewalk or obstruct the view of motor vehicle operators entering or leaving any parking area, service drive, private driveway, street, alley, or other thoroughfare; and

Projecting Signs: Projecting signs must have a minimum clearance above the sidewalk of eight feet and may not extend twelve feet or more above the sidewalk nor above the roof line.17

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(iii)

When attached to a building that is on a designated landmark site or in a designated historic district or when attached to a designated feature, all established pursuant to Chapter 9-11, “Historic District,” B.R.C. 1981, be easily removable and attached using only non-structural elements, such as reversible adhesive product ties or bands, and not require drilling of masonry or stone units, or clamping. Signs approved pursuant to this paragraph (d)(15) do not require a landmark alteration certificate.

(iv)

Comply with Chapter 9-9-16, “Outdoor Lighting,” B.R.C. 1981.

(v)

Be designed, constructed, installed, and maintained consistently with the following:

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The signs do not impede adequate ingress and egress nor traffic flow.

The signs do not create a traffic hazard or distraction to operators of vehicles or pedestrians in the public right-ofway.

The signs do not create a fire hazard.

The signs do not damage buildings and trees.

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(vi)

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Not be erected more than seven days prior to the associated special festival event and be removed no more than three days following the last day of the special festival event for which the sign plan was approved. The signs shall not be erected for a period exceeding twenty days.

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17 This section sets standards for signs erected during a special festival event.

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...

9-10-2. - Continuation or Restoration of Nonconforming Uses and Nonstandard Buildings, Structures, and Lots.

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...

Drive-Thru Facilities: A drive-thru facility that was established prior to July 31, 1986, on a property not abutting Canyon Boulevard in the DT zoning districts, and has not expired pursuant to subsection (a) of this section, shall be considered a nonconforming use, and may:

(1)

Be renovated or remodeled, by improvements the cumulative total of which increases the structure's fair market value by no more than twenty-five percent of the value of the structure, without meeting the criteria for drive-thru uses in Subsection 9-6-5(vx), B.R.C. 1981;

(2)

Be renovated or remodeled by improvements the cumulative total of which increases the facility's structure's fair market value by more than twenty-five percent of the value of the structure; or be relocated on site if the development meets the criteria for drive-thru uses in Subsection 9-6-5(vx), B.R.C. 1981; or

(d)

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... 9-16-1. - Definitions. ... Neighborhood business center means nonresidential uses in a residential district that are constructed and operated in accordance with the standards of Subsection 9-6-5(tv), B.R.C. 1981. ... Special festival event means a use that is part of an event permitted pursuant to Chapter 412, “Special Festival Events,” B.R.C. 1981, and may include festival activities by the festival operator and its sponsors and vendors.18

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18 Adds new land use definition for special festival event uses linking them to a special festival event

permit approved under Title 4, Licenses and Permits.

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