HomeMy WebLinkAboutORDINANCE 17-020 C)
ORDINANCE NO.17-02
AN ORDINANCE AMENDING SECTION 17.66
OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK
REGARDING SIGNS
WHEREAS,the Estes Valley Planning Commission has recommended the
amending and restating of Chapter 17.66 of the Municipal Code with regard to signs;
and
WHEREAS,the Board of Trustees of the Town of Estes Park has determined it is
in the best interest of the Town that the recommended changes and restating of
Chapter 17.66 be approved.
NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
Section 1.Chapter 17.66 of the Municipal Code is hereby amended and
restated as more fully set forth on Exhibit “A”attached hereto and incorporated herein
by this reference.
Section 2.This Ordinance shall take effect and be enforced thirty (30)days
after its adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS M DAY OF ‘1tflttntAtA),2002.
TOWN OF ESTES PARK
61ayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at the meeting
of the Board of Trustees on the /d day of ‘74-t-a-,A&t2002,and published in a
newspa er of general circulation in the Town of Estes Park,Colorado,on the /S
day of
______________________,
2002.
Town Clerk
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CHAPTER 17.66
Sign s
Sections:
17.66.010 Title
17.66.020 Intent and purpose
17.66.030 Scope and application of this Chapter
17.66.040 Definitions
17.66.050 Exemptions
17.66.060 Prohibited signs
17.66.070 Temporary signs
17.66.080 Computation of sign area
17.66.090 General regulations
17.66.100 District sign regulations
17.66.110 Sign regulations in non-residential zones
17.66.120 Structural requirements
17.66.130 Nonconforming signs
17.66.140 Permits
17.66.150 Special exceptions
17.66.160 Appeals and variances
17.66.170 Enforcement
17.66.180 Wiat constiwtes a violation
17.66.190 Application of the laws
*For statutory provisions authorizing towns to regulate signs,
see C.R.S.1973 §31-12-101(20).
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Chapter 17.66
Signs
17.66.010 Title.
This Chapter shall be known and cited as the “Town of Estes Park Sign Code.”
17.66.020 Intent and purpose.
The purpose of this Chapter is to protect the health,safety and welfare of the citizens
by providing for uniform control of signs.It is the intent of the regulations set forth in
this Chapter to:
(1)Recognize that signs are a necessary means of visual communication for the
convenience of the public;
(2)Recognize and insure the right of those concerned to identi&businesses,
services and other activities by the use of signs;
(3)Insure that signs are compatible with adjacent land uses and with the total
visual environment of the community;
(4)Protect the public from hazardous conditions that result from signs which are
structurally unsafe,obscure the vision of motorists,and/or compete or conflict with
necessary traffic signals and warning signs;
(5)Recognize that the elimination of existing signs that are not in conformance
with the provisions of this Chapter is necessary to the public safety and welfare and to
the protection of the visual environment.
17.66.030 Scope and application of this Chapter.
The provisions of this Chapter shall apply to the display,construction,erection,
alteration,use,location and maintenance of all signs within the Town,and it is unlawful
thereafter to display,construct,erect,alter,use or maintain any sign except in
conformance with provisions of this Chapter.
17.66.040 Definitions.
As used in this Chapter,the following words and phrases are defined as follows:
(1)“Area of a sign”means the area of the smallest regular geometric symbol
encompassing all the informative features of the sign,including copy,insignia,
background and borders.
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(2)“Awning”means a movable shelter supported entirely from the exterior wall
of a building and of a type which can be retracted,folded or collapsed against the face
of the supporting building;or a covered space framed structure.
(3)“Building inspector”means the officer or other person charged with the
administration and enforcement of this Chapter,or his duly authorized deputy.
(4)“Canopy”means a permanently roofed shelter covering a sidewalk,driveway
or other similar area,which shelter may be wholly supported by a building or may be
wholly or partially supported by columns,poles or braces extended from the ground.
(5)“Face or wall of building”means the general outer surface of any main
exterior svall or foundation wall of the building,including windows and storefront.
(6)“Flag”means the flag,pennant,or ensign of any nation,organization or
nations,state,county.city,religious,civic,charitable or fraternal organization,or
educational institution.
(7)Frontage,Building.“Building frontage”means the horizontal,linear
dimension of that exterior side of a building which abuts a street,a parking area,a
mall,or other circulation area open to the general public;and having either a main
window display of the enterprise or a public entrance to the building.Where more
than one use occupies a building,each such use having an exterior public entrance or
exterior main window display for its exclusive use shall be considered to have its own
building frontage,which shall be the front width of the portion of the building
occupied by that use.
(8)Frontage,Street.“Street frontage”means the linear frontage (or frontages)of
a lot or parcel abutting on a private or public street which provides principal access
to,or visibility of,the premises.
(9)“Height”means the vertical distance measured from the elevation of the
nearest sidewalk (or,in the absence of a sidewalk within twenty-five feet,then from
the lowest point of finished grade on the lot upon which the sign is located and within
twenty five feet of the sign),to the uppermost point on the sign or sign structure.
(10)Illumination,Direct.“Direct illumination”means lighting by means of an
unshielded light source (including fluorescent and neon tubing)which is effectively
visible as a part of the sign,where light travels directly from the source to the
viewer’s eye.
(II)Illumination,Indirect.“Indirect illumination”means lighting by means of a
light source which is directed at a reflecting surface in such a way as to illuminate the
sign from the front,or a light source which is primarily designed to illuminate the
entire building façade upon which a sign is displayed.
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(12)Illumination,Internal.“Internal illumination”means lighting by means of a
light source which is within a sign having a translucent background,silhouetting
opaque letters or designs,or which is within letters or designs which are themselves
made of a translucent material.
(13)“Kiosk”means a small structure,typically located within a pedestrian
walkway or similar circulation area,and intended for use as display space fore
posters,notices,exhibits,etc.
(14)“Light source”means and includes any device,or method of producing light,
including neon,fluorescent or similar tube lighting,incandescent bulb,and any
reflecting surface which,by reason of its construction and/or placement,becomes in
effect the light source.
(15)Lighting,Backlighted.“Backlighted lighting”means a concealed light source
located behind the surface of the sign to highlight specific elements of the sign.
(16)Lighting,Neon.“Neon lighting”means any method of lighting using neon
tubes in a manner in which the neon tube can be seen.
(17)“Lot”means a portion or parcel of land,whether part of a platted subdivision
or otherwise,occupied or intended to be occupied by a building or use and its
accessories,together with such yards as are required under the provisions of this title.
A lot must be an integral unit of land held under unified ownership in fee or in co
tenancy.
(18)“Maintenance”means the replacing,repairing or repainting of a portion of a
sign structure;periodic changing of bulletin board panels;or renewing of copy which
has been made unusable by ordinary wear and tear,weather or accident.The
replacing or repairing of a sign or sign structure which has been damaged to an extent
exceeding fifty percent of the appraised replacement cost (as determined by the
building inspector)shall be considered as maintenance only when the sign conforms
to all of the applicable provisions of this Chapter and when the damage has been
caused by an act of God or violent accident.
(19)“Marquee”means a permanently roofed structure attached to and supported
by a building,and projecting from the building.
(20)“National Electrical code”means the latest edition of the National electrical
Code,published by the National Fire Protection Association,as amended and adopted
by the town.
(21)“Roof’means the cover of any building including the eaves and similar
projects.
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(22)“Roof line”means the highest point on any building where an exterior wall
encloses usable floor space,including floor area for housing mechanical equipment.
“Roof line”also includes the highest point on any parapet wall,provided the parapet
wall extends around the entire perimeter of the building.
(23)“Sign”means any writing,pictorial representation,decoration (including any
material used to differentiate sign copy from its background),form,emblem or
trademark,flag or banner,mural,or outdoor display of merchandise to attract
business,or any other display of similar character which:
a.Is a structure or any part thereof (including the roof or wall of a building);
b.Is written,printed,projected,painted,constructed or otherwise placed or
displayed upon or designed into a building,board,plate,canopy,awning;vehicle
or upon any material object or device whatsoever;and
c.By reason of its form,color,wording,symbol,design,illumination,
motion or otherwise attracts or is designed to attract attention to the subject
thereof or is used as a means of identification,advertisement or announcement.
(24)“Sign face”means the surface of a sign upon,against or through which the
message is displayed or illustrated.
(25)Sign Types.
a.“Bulletin board sign”means a sign used for the purpose of notification to
the public of an event or occurrence of public interest,such as a church service,
political rally,civic meeting,or other similar events.
b.“Construction sign”means a temporary sign announcing subdivision,
development,construction or other improvement of a property by a builder,
contractor or other person furnishing services,materials or labor to the premises.
For the purposes of this Chapter,a “construction sign”shall not be construed to
be a “real estate sign”as defined in this section.
c.“Directional sign”means a sign erected by the Town or other
governmental agencies,or a sign erected by permission of the Town,directing
vehicular or pedestrian traffic.
d.“Double-face sign”means a sign where two sides are separated by not
more than twenty-four inches and are parallel to each other.Such signs shall be
considered as one sign.
e.“Freestanding sign”means a sign which is supported by one or more
columns,uprights,poles or braces extended from the ground or from an object on
the ground,or a sign which is erected on the ground,provided that no part of the
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sign is attached to any part of any building,structure or other sign.“Freestanding
sign”includes “pole sign”,“pedestal sign”and “ground sign.”
f.“Identification sign”means and includes any of the following:
1.A nameplate which establishes the identity of an occupant by listing
his name and business or professional title;
2.A sign which establishes the identity of a building or building complex
by name or symbol only;
3.A sign which indicates street address or combines nameplate and street
address;
4.A sign which identifies an area in the Town which,by reason of
development,natural features,historical occurrences or common references,
has or will become a landmark in the Town;and
5.A commemorative sign,such as a cornerstone,memorial or plaque,
when such is cut into a masonry surface or constructed of bronze or other
incombustible material and is made an integral part of the structure.
g.“Joint identification sign”means a sign which serves as common or
collective identification for two or more uses on the same lot.
h.“Marquee sign”means a sign depicted upon,attached to or supported by a
marquee as defined in this section.
i.“Off-premises advertising sign”means any off-premises sign,including a
billboard or general outdoor advertising device,which advertises or directs
attention to a business,commodity,service or activity conducted,sold or offered
elsewhere than on the same lot or within the same building upon which such sign
is located.
j.“Portable sign”means a sign which is not attached to the ground,a
building or other structure,but not including a “vehicle-mounted sign”as defined
in this section.
k.“Projecting sign”means a sign attached to a building or extending in
whole or in part twelve inches or more horizontally beyond the surface of the
building to which the sign is attached,but not including a “marquee sign”as
defined in this section.
I.“Real estate sign”means a sign indicating the availability for sale,rent or
lease of the specific lot,building or portion of a building or lot upon which the
sign is erected or displayed.
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m.“Roof sign”means a sign painted on the roof of a building;supported by
poles,uprights or braces extending form the roof of a building;or projecting
above the roof line or a building,but not including a sign projecting from or
attached to a wall as permitted by this Chapter.(See “wall sign.”)
n.“Suspended sign”means a sign suspended from the ceiling of an arcade,
marquee or canopy.
o.“Temporary sign”means a sign which is intended for a temporary period
of display for the purpose of announcing a special event,advertising or directing
persons to a subdivision or other land or building development,advertising
personal property for sale,or promoting a political campaign or special election.
p.“Vehicle-mounted sign”means a sign displayed upon a trailer,van,truck,
automobile,bus,railroad car,tractor,semi-trailer or other vehicle,whether or not
such vehicle is in operating condition.
q.“Vending machine sign”means a sign that is incorporated into and
designed as a part of a vending machine.
r.“Wall sign”means a sign displayed upon or against the wall of an
enclosed building or structure where the exposed face of the sign is in a plane
parallel to the plane of the wall and extends not more than twelve inches
horizontally from the face of the wall.A sign erected upon or against the side of a
roof having an angle of forty-five degrees or less from the vertical shall be
considered to be a wall sign,and shall be regulated as such.
s.“Wind sign”means a sign consisting of one or more banners,pennants,
ribbons,spinners,streamers or captive balloons,or other objects or materials
fastened in such a manner as to move upon being subject to pressure by wind or
breeze,but does not include flags.
t.“Window sign”means a sign which is painted on,applied or attached to,
or located within three feet of the interior of a window,which sign can be seen
though the window from the exterior of the structure.Merchandise which is
included in a window display shall not be included as part of a window sign.
u.“Outdoor display of merchandise to attract business”means the outdoor
display of merchandise offered for sale where such outdoor display is located with the
primary purpose of attracting attention of passing motorists or pedestrians,and where
the display is moved indoors at the close of business daily and therefore does not
constitute seasonal or permanent accessory outdoor storage.
(26)“Signs,Number of’.For the purpose of determining the number of signs,a
sign shall be considered to be a single display surface or display device containing
elements clearly organized,related and composed to form a unit.Where sign
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elements are displayed in an unrelated or random manner each element shall be
considered to be a single sign.
(27)“Sign structure”means any supports,uprights,braces or frameworks of a sign.
(28)“Building Code”means the latest edition of the Building Code,as amended
and adopted by the Town.
17.66.050 Exemptions.
Except as specifically provided,the following may be erected without a sign permit.
All signs shall meet all applicable setback,construction,illumination and safety
standards.Any signs larger in size or with any different standards than stated in this
section shall be required to obtain a sign permit.
(1)Signs which are not visible beyond the boundaries of the lot or parcel upon
which they are located and/or from any public thoroughfare or right-of-way.
(2)Official governmental notices and notices posted by governmental officers in
the performance of their duties,and governmental signs to control traffic or for other
regulatory purposes,or to identii5’streets,or to warn of danger.
(3)Flags,limited to three flags per lot.Provided that the maximum individual
size of a permanently displayed American flag and Colorado State flag shall be 40
square feet,and provided that the maximum size of all other permanently displayed
flags shall be 15 square feet.
(4)Temporary decorations or displays,when such are clearly incidental to and are
customarily and commonly associated with any national,state,local or religious
holiday or celebration.
(5)Temporary or permanent signs erected by the Town,public utility companies
or construction companies to warn of danger or hazardous conditions,including signs
indicating the presence of underground cables,gas lines and similar devices.
(6)Merchandise,pictures or models of projects or services which are
incorporated as an integral part of a window display,where all such items displayed
are located within the interior of the building where the business is located.
(7)Signs displayed on trucks,buses,trailers or other vehicles which are being
operated or stored in the normal course of a business,such as signs indicating the
name of the owner or business which are located on moving vans,delivery trucks,
rental trucks and trailers and the like,provided that the primary purpose of such
vehicles is not for the display of signs,and provided that they are parked or stored in
areas appropriate to their use as vehicles.
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(8)All,“open”,“vacancy”and “no vacancy”signs,and signs designed to indicate
vacancy such as “yes”,“no”,and “sorry”,whether they are non-illuminated,
internally illuminated,indirectly illuminated,or directly illuminated signs;provided,
that the area of the sign does not exceed two and one-half square feet per face.
(9)Displays of string lights provided they are:
a.Decorative displays which only outline or highlight landscaping or
architectural features of a building,and shall not be placed on or used to outline
signs,sign supports,awnings andlor canopies,be assembled or arranged to
convey messages,words,commercial advertisements,slogans and logos;
b.No greater in intensity than five watts,and are steady-burning,clear,non-
colored bulb lights.No blinlcing,flashing,intermittent changes in intensity or
rotating shall be permitted;
(10)Signs displayed on motor vehicles providing public transportation,
provided they conform to the following requirements:
a.The signs are flat and do not project more than four inches from the
surface of the motor vehicle.
b.No more than one-third (1/3)of the surface area of the vehicle is covered
by the signs.Surface area shall not include the roof,wheels,lights and/or
undercarriage of the vehicle.
c.The signs shall not be prohibited signs as more specifically set forth in
Section 17.66.180(C).
d.Motor vehicle providing public transportation is a motor vehicle operated
pursuant to a certificate of public convenience and necessity to operate as a
common carrier for hire for the transportation of passengers and their baggage,on
schedule,issued by the Public Utilities Commission of the State of Colorado.
Vehicles which are exempt from regulation as public utilities pursuant to Section
40-15-101,et.seq.C.R.S.1973,are not eligible for an exemption from the sign
code pursuant to this section.
(11)Identification signs which do not exceed two square feet per face or four
square feet in total surface area;limited to six feet in height and limited to one such
sign per use or per building,whichever is the greater number.
(12)Temporary non-illuminated real estate signs which do not exceed six square
feet in total area and four feet in height,limited to one such sign per street frontage.
Such signs are restricted to the subject property and shall not remain in place more
than seven days after sale,lease or rental of the subject property.
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(13)Signs in the nature of cornerstones,commemorative tablets and historical
signs which do not exceed four square feet per face in area and six feet in height,and
which are non-illuminated or indirectly illuminated.
(14)Private traffic directional signs guiding or directing vehicular or pedestrian
traffic onto or off of a lot or within a lot when such do not exceed three square feet
per sign per face in area and eight feet in height,do not contain any advertising or
trade name identification.Private traffic-control signs which conform to the
standards of the Colorado Manual of Uniform Traffic Control Devices may exceed
three square feet per face in area,but shall not exceed seven square feet per face.
Such signs shall not exceed eight feet in height.
(15)Signs required or specifically authorized for a public purpose by any law,
statute,ordinance,or resolution.
(16)Non-illuminated window signs when the total area of such signs:
a.Does not exceed twenty-five percent of the total window area at the
ground floor level on the side of the building or business unit upon which said
signs are displayed;and
b.Does not exceed twenty-five percent of the total allowable sign area for
the premises.
c.Such signs shall not exceed four square feet in total surface area per sign
when placed in windows above the ground floor level,and no signs shall be
placed in windows above the second floor level.
(17)Signs commonly associated with,and limited to information and directions
related to the permitted use on the lot on which the sign is located,provided that each
such sign does not exceed one hundred fifty square inches in total area.(This
category shall be interpreted to include such signs as “no smoking”,“rest room”,“no
solicitors”,“self-service”and similar informational signs.)
(18)Signs which identify items such as credit cards,menus or prices;limited to
one such sign for each use,not to exceed four square feet per face or eight square feet
in total area.Such signs may be attached to the building,as projecting or wall signs,
or included as an integral part of a freestanding sign.
(19)Regulatory signs erected on private property,such as “no trespassing”signs,
which do not exceed two square feet per face or four square feet in total surface area,
limited to four such signs per use or per building.
(20)Text or copy changes on signs specifically designed to permit changes of the
text or copy thereof;
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(21)A sign,which does not exceed six square feet per face or twelve square feet in
total surface area;limited to six feet in height and limited to one such sign per lot and
which does not propose,concern,reflect or promote a commercial purpose.
(22)Vending machine signs,provided such signs are limited to the product being
vended.
17.66.060 Prohibited signs.
The following signs shall not be permitted,erected or maintained in the Town:
(1)Signs with visible moving,revolving or rotating parts or visible mechanical
movement of any description or other apparent visible movement achieved by
electrical,electronic or mechanical means,except for time-temperature-date signs,
traditional barber poles,and gauges and dials which may be animated to the extent
necessary to display correct measurement;
(2)Signs with optical illusion of movement by means of a design which presents
a pattern capable of reversible perspective,giving the illusion of motion or changing
of copy;
(3)Signs with lights or illuminations which flash,move,rotate,scintillate,blink,
flicker,vary in intensity,vary in color,or use intermittent electrical pulsations;
(4)Strings of light bulbs used in connection with commercial premises for
commercial purposes,other than traditional holiday decorations except as provided in
Section 17.66.050,(9);
(5)Wind signs and banners;
(6)Signs which incorporate projected images,emit any sound which is intended
to attract attention,or involve the use of live animals;
(7)Any sign which is installed or erected in or projects into or over any public
right-of-way,except in the case of a sign for which a permit has been issued in
conformance with the requirements of this Chapter;
(8)Signs not permanently affixed or attached to the ground or to a permanent
structure,(for example,banners,sandwich boards and hand held signs).Temporary
real estate signs attached to posts driven into the ground,and temporary safety
bathers are excepted.
(9)Any sign or sign structure which:
a.Is structurally unsafe,or
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b.Constitutes a hazard to safety or health by reason of inadequate
maintenance or dilapidation,or
c.Is capable of causing electrical shocks to persons likely to come in contact
with it;
(10)Any sign or sign structure which:
a.Obstructs the view of,may be confused with,or purports to be an official
traffic sign,signal or device or any other official sign,or
b.Creates an unsafe distraction for motor vehicle operators,or
c.Obstructs the view of motor vehicle operators entering a public roadway
from any parking area,service drive,private driveway,alley or other
thoroughfare;
(11)Any sign which obstructs free ingress to or egress from a required door,
window,fire escape or other required exit way;
(12)Roof signs,except as specifically permitted by Section 17.66.110;
(13)Off-premises advertising signs.
(14)Signs not pertinent and or not clearly related to the permitted use on the
property where located,except for temporary political signs,as permitted and
regulated by Section 17.66.070,and except for signs permitted under the provisions
of Section 17.66.130.
(15)Except as provided in Section 17.66.050,(8),any sign having direct
illumination including,but not limited to,visible neon tubing.
17.66.070 Temporary signs.
Temporary signs in all zoning districts shall be subject to the following specific
requirements:
(1)Construction Signs.Signs advertising subdivision,development,construction
or other improvements of a property shall be permitted in any zoning district,and
shall comply with the following:
a.Such signs shall be limited to freestanding,wall or window signs,shall not
exceed thirty-six square feet in total area nor eighteen square feet per face,and
shall not exceed twelve feet in height.No riders or attachments to such signs
shall be permitted.For residential developments consisting of five dwelling units
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or less,the maximum area permitted for a construction sign shall be three square
feet per face for each dwelling unit being constructed.
b.Construction signs shall be displayed only on the property to which the
sign pertains.One such sign shall be permitted for each street upon which the
property either has frontage or has an entrance from a major thoroughfare;
provided that the minimum distance between signs on any single development
shall be one thousand feet.
c.In case of a subdivision,construction signs shall not be displayed prior to
the date of official filing of the subdivision plat.
d.In other cases,such signs may be displayed for the duration of
construction until issuance of a certificate of occupancy.
(2)Election signs.Those signs concerning issues and candidates in forthcoming
elections shall be removed by the person placing or erecting them or by the occupier
of the premises on which they are located within ten days following the election to
which they pertain unless the sign conveys some other or further ideological message
or has some other or further ideological significance.Election signs shall be
restricted to a maximum size of four square feet in all residential districts,and a
maximum size of 150 square feet in all other districts.
17.66.080 Computation of sign area.
The area of a sign shall be measured with the following regulations:
(1)In computing the area of a sign,standard mathematical formulas for common
regular geometric shapes,or combinations thereof,shall be used.
(2)In the case of an irregularly shaped sign or a sign with letters and/or symbols
directly affixed to or painted on the wall of a building,the area of the sign shall be the
entire area within a single continuous perimeter of not more than eight straight or
radial lines enclosing the extreme limits of writing,representation,emblem,or any
figure of similar character,together with any material or color forming an integral
part or background of the display or used to differentiate such sign from the backdrop
or structure against which it is placed.
(3)That portion of the sign structure which is visible and viewed in the same
plane as the sign face,and which either (a)exceeds fifty percent of the sign face,or
(b)is made an integral part or background of the display shall be included in
computing the total sign area.
(4)Where a sign has two or more display faces and is not a double-faced sign,the
area of all faces shall be included in determining sign area.
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(5)The total surface area of multiple-unit signs shall include the vertical and
horizontal spacing between the letters which comprise the word or words that convey
the sign’s message.
(6)Where three-dimensional figures are used as signs,the area shall be the total
area,as projected on a vertical plane,of each side of the figure which is visible by the
public beyond the boundaries of the lot upon which the figure is located.For
purposes of this regulation,a figure shall be considered to have not less than one nor
more than four sides.This shall be the method used to calculate the area of “outdoor
displays of merchandise to attract business”and other three dimensional figures or
displays that are to be considered in the total allowable signage calculation.
(7)Building frontage used as the basis of determining permitted sign area for one
use shall not be used again as the basis for determining the permitted sign area for a
different use,Nothing in this subsection shall be construed to prohibit the additional
building or use from erecting a sign which would otherwise be authorized by the
provisions of this Chapter.
(8)AU riders or attachments to signs or sign structures (whether temporary or
permanent)shall be included as part of the total sign area for the sign to which they
are attached.
17.66.090 General regulations.
(1)Signs at street intersections.On corner lots no sign or sign structure between
a height of two and one-half feet and ten feet above the street elevation (other than a
pole twelve square inches or less in cross-sectional area)shall be erected within the
following described area:the interior triangle formed by the right-of-way lines at
such corner lots and a straight line joining the right-of-way lines at points which are
thirty feet from the intersection of the;right-of-way lines.This regulation shall apply
to all signs except wall signs.
(2)Illumination.Illuminated signs shall be subject to the following conditions:
a.Any light used for the illumination of a sign shall be shielded so that the
beams or rays of light will not shine directly beyond the lot upon which the sign is
located.
b.Neither the direct nor the reflected light from any light source shall create
a traffic hazard or distraction to operators of motor vehicles on public
thoroughfares.
c.Signs in commercial and restricted industrial zoning districts may be
indirectly,or internally illuminated.
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(3)Signs on fences and free standing walls.Signs displayed upon fences or upon
free standing walls shall be erected or mounted in a plane parallel to the fence or wall,
shall not extend above the top of the fence or wall,nor project more than twelve (12)
inches from the face of the fence or wall.Such signs shall be subject to all
regulations of this Chapter applicable to freestanding signs,including,but not limited
to,maximum area per sign,maximum sign height,minimum setback from property
lines,and number of signs permitted per lot or per premises.
(4)Window signs.The area of all window signs in excess of twenty-five percent
of the total window area at ground floor level on the side of the building or business
unit upon which such signs are displayed shall be included in the total allowable sign
area for the premises.All illuminated window signs shall be included in the total
allowable sign area for the premises.
(5)Signs which identify lands which have been subdivided in accordance with
the Estes Valley Development Code shall be subject to the following regulations:
a.The sign may be located within Public Street Right of Way where such
sign is approved as an integral feature of the street construction plans at
the time of Final Plat approval.Otherwise,the sign shall be located a
minimum of ten feet from the street right-of-way line.
b.Such signs shall conform to the sign requirements relating to site distances
at intersections under the provisions of this Chapter.
c.The maximum size for a subdivision identification sign shall be thirty-six
(36)square feet [or eighteen (18)feet per face].
d.The signs shall only contain the name of the subdivision and not a
pictorial representation of the subdivision.
17.66.100 District sign regulations.
(1)Use Districts,(zoning districts).The use districts,as set forth in this title and
amendments hereto shall apply to this Chapter.The boundaries of these districts shall
be determined by reference to the zoning map of the Estes Valley,to this title and
amendments hereto,and to sections on interpretation of such maps as may be
contained in this title and amendments hereto.
(2)Establishment of District Regulations.The type of signs permitted,and the
regulation of the number,placement,area and use of signs,is established.No sign
shall be erected except as provided in this Chapter and in the district in which it is
permitted,nor shall any sign be used for any purpose or in any manner except as
allowed by the regulations for the district in which such sign is proposed or
maintained.
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(3)Schedule of Requirements.The following schedule of “class of sign
permitted”,“type of sign permitted”,“maximum sign area permitted per lot”,
“maximum area per sign face”,“maximum number of signs permitted”and
“maximum height of freestanding signs”regulations for the various zoning districts is
adopted.
(4)Total Allowable Sign Area.The total area of all signs on a lot,or,in the case
of a permitted use or uses occupying two or more adjacent lots,the total area of all
signs on all such adjacent lots shall not exceed 1.5 square feet per lineal foot of
building frontage at ground level,and 0.75 square feet per lineal foot of second story
building frontage.In no event,however,shall the cumulative total allowable sign
area exceed one hundred fifty (150)square feet per business.
Schedule of Requirements
For all Non-Residential Zoning Districts (A,A-1,CD,CO,CftO,l-1)
Maximum MaximumClassofSignTypeofSignSinArMaximum
No of Si Maximun
Permitted Permitted slness Area Per Sign Face Prmittd5 Height of Signs
All In Subsection All In Subsection 150sf for freestanding.Suspended:5sf freestanding:2 per Lot 25 ft17.66090(36),except 1766090(42),except
subdivisions e&k subdivision f 15sf for projecting.Time-temp:10sf
10 sf for suspended.
(5 per face).
1.5 sf per If of frnntage
(150sf maxjfor wall
TemporaryTemporaryTemporaryConstruction:1 per 12 ftConstruction:36sf Construction:18 sf street
Residential Multi
Family (RM,R2)
Class of Sign Type of Sign Maximum Maximum NM3xmm Maximun
Permitted Permitted
Lot Area Per Sign Face Height of Signs
All In Subsection Xl In Subsecdon 75 sf or freestanding.Suspended:5sf freestanding:1 per Lot 25 ft
17.66.090(36).except 17.66.090(42).except
subdivisions d.e,g,Ic subdivisions b,e.f,I &j 15sf for projecting.
10 sf ft.suspeflded.
(5 per face).
1.5 sf per If of frontage
for wall signs (max.
150sf,).
For all Single Family Residential Zoning Districts
Class of Sign Type of Sign Maximum Maximum Maximun
Permitted Permitted Permd F::Lot Area Per Sign Face Height of Signs
Al:In Subsection All In Subseôon 4 sf-identif.cation on:y alt signs.2sf 1 per boi:ding 6 ft
17.66.090(36),except 17.66.090(42),except (Sec.17.66.190(b)(1))
subdivisions d.e,g.k subdivisions a,b.e,f.I
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17.66.110 Sign regulations in non-residential zones.
The following regulations shall apply to all uses in non-residential zoning districts.
(1)Total Allowable Sign Area:
The total area of all signs on any face of a building shall not exceed 1.5 square
feet per lineal foot of building frontage at ground level,and 0.75 square feet per
lineal foot of second story building frontage.
The maximum allowable total cumulative sign area for any one business shall not
exceed 150 square feet.
(2)Signs or Uses with Multiple Frontage:
The total area of all signs on any face of a building shall not exceed 1.5
square feet per lineal foot of building frontage at ground level,and 0.75 square
feet per lineal foot of second story building frontage.
(3)Freestanding Signs:
a.Maximum Height:25 feet
b.Minimum Setback:8 feet from any property line
4 feet from any building
c.Number:One freestanding sign per street frontage not to exceed two per
lot.
d.Maximum Area:No freestanding sign shall be larger than 150 square feet.
The combined total of all freestanding signs on an individual property or
single lot shall not exceed 150 square feet.
(4)Signs on Canopies,Awnings and Architectural Projections.
a.Maximum Area:The total area of such signs shall not exceed thirty (30)
percent of the width of the projection multiplied by the vertical height of the
projection.
b.Projection:The face of any such sign shall not project above or below the
face of the canopy,awning or architectural projection.Signs may project
horizontally beyond the face of a canopy or architectural projection the distance
necessary to accommodate the thickness of the letters,but no more than twelve
inches.
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Signs displayed on architectural projections which extend fifteen inches or
less from the face of a building may be considered wall signs,and are subject to
those provisions.
(5)Projecting Signs:
a.Minimum Setback:4 feet from street property line in the Commercial
Downtown,CD District,or 8 feet from property lines in all other zoning
districts,and no closer to a sideline of the building or store front than to
the centerline of the same building or store front.
b.Minimum Clearance:9 feet from the ground to the bottom edge of the
sign.
c.Maximum Height:Eighteen (18)feet.
d.Maximum Size:Fifteen (15)square feet per sign face.
e.Maximum Projection:Four (4)feet.
f.Maximum Number:One (1)per building face or per business store front.
(6)Suspended Signs:
a.Maximum Area:5 square feet per face,10 square feet total surface area.
b.Minimum Clearance:9 feet from the ground to the bottom edge of the
sign.
c.Minimum Horizontal Separation:Fifteen (15)feet between suspended
signs.
d.Projection:Shall not project beyond the outside limits of the arcade,
canopy or marquee to which they are attached.
(7)Wall Signs:
a.Maximum Area:The total area of all wall signs on any face of a building
shall not exceed 1.5 square feet per lineal foot of building frontage at
ground level,and 0.75 square feet per lineal foot of second story building
frontage.
b.Maximum Height:Twenty-five (25)feet above the ground.
c.Maximum Projection:
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I.A wall sign may project above the roofline or parapet wall of a
building no more than twenty-four (24)inches.
2.Wall signs may extend a maximum of twelve inches from the face of
the building.
3.Any sign erected upon the side of a roof having an angle of forty-five
(45)degrees or less from vertical shall be considered a wall sign,and
shall be subject to the size and height limitations noted under this
subsection.
d.Maximum Number:One wall sign for each face of a business,or building
storefront.
(8)Joint Identification Signs:
a.Type:May be freestanding,projecting or wall.
b.Number:Where a freestanding joint identification sign is used,there shall
be no other freestanding signs permitted on the premises.
(9)Time-Temperature-Date Signs:
a.Area:Signs which do not exceed ten (10)square feet per face shall not be
included in the allowable sign area;provided,however,that any identification or
advertising attached to or incorporated in such signs shall be included in the total
allowable sign area.
(10)Standard Brand Name Signs:Not more than twenty (20)percent of the
total allowable sign area for any permitted use shall be devoted to the advertising of
arty standard brand-name commodities or services which are not the principal
commodity or service being sold or rendered on the premises,or area not a part of the
name of the business concern involved.
(11)“Outdoor display of merchandise to attract business”shall be considered a
sign and shall require a permit to be issued prior display.Measurement of the display
area shall be as provided for in section 17.66.080 (6)of this code.The display area
shall be limited by inclusion in the total allowable signage.The location of the
outdoor display shall conform to section 7.13 of the Estes Valley Development Code.
Outdoor displays are prohibited in the Commercial Downtown (CD)zoning district.
17.66.120 Structural requirements.
(1)Construction.
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a.General.Signs and sign structures shall be securely built,constructed anderectedinconformancewiththerequirementsoftheBuildingCode.
b.Location.Supports for signs or sign structures shall not be placed in oruponpublicrights-of-way or public easements.
c.Anchorage.Anchors and supports shall be guarded and protected whenneardriveways,parking lots or similar locations where they could be damaged bymovingvehicles.Signs attached to masonry,concrete or steel shall be safely andsecurelyfastenedtheretobymeansofmetalanchors,bolts or approved expansionscrewsofsufficientsizeandanchoragetosupportsafelytheloadsapplied.Noanchororsupportofanysign,except flat wall signs,shall be connected to orsupportedbyanunbracedparapetwall.
(2)Clearance.Signs shall not be located with less than six (6)feet horizontalclearance,or twelve (12)feet vertical clearance from overhead electric conductorswhichareenergizedinexcessofsevenhundredfifty(750)volts.
(3)Freestanding signs.Where such signs are located in vehicular parking andcirculationareas,a base or barrier of concrete,steel,or other effective barrier,not lessthanthirtyincheshigh,shall be provided to protect the base of the sign from possibledamagebyvehicles.Where any freestanding sign has a clearance of less than nine(9)feet from the ground,there shall be provided a barrier or other adequate protectiontopreventhazardtopedestriansandmotorists.
(4)Electric Signs.Electric signs shall be constructed and installed in accordancewiththeprovisionsoftheNationalElectricCode.
17.66.130 Nonconforming signs.
(1)A nonconforming sign may be continued but it shall not be:
a.Changed to another nonconforming sign.
b.Structurally altered.
c.Altered so as to increase the degree of nonconformity of the sign.
d.Enlarged or expanded.
e.Continued in use after cessation or change of the business or activity towhichthesignpertains.
f.Repaired after the sign is damaged or destroyed if the estimated cost ofrepairorreconstructionexceedsfifty(50)percent of the appraised replacementcost(as determined by the building inspector).
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g.Altered to change the text thereof,except such signs,which have been
designed specifically to permit changes of the text;
h.Continued to be used after two years from the sale of the real property
upon which the sign is located,but in no event,more than six (6)years,six (6)
months from the date the sign become nonconforming.
i.Continued to be used after two years from the sale of the business which
the sign advertises,but in no event,more than six (6)years,six (6)months from
the date the sign became nonconforming.Sale of the business shall include,but
not be limited to,the sale of substantially all of the assets of a business.
(2)A nonconforming sign shall be brought into conformance or removed within
30 days of the occurrence of any of the events set forth in Paragraph (1).
17.66.140 Permits.
(1)Sign Permit Required:
a.Except as provided in Section 17.66.050,it is unlawful to display,erect,
relocate or alter any sign without first filing with the building inspector an
application in writing,and obtaining a sign permit.When a sign permit has been
issued by the building inspector,it is unlawful to change,modify,alter or
otherwise deviate from the terms or conditions of the permit without prior
approval of the building inspector.A written record of such approval shall be
entered upon the original permit application and maintained in the files of the
building inspector.[be-more-specific--as-to_who/whomj.-__
b.Application for permit.The application for a sign permit shall be made by
the owner or tenant of the property on which the sign is to be located,or his
authorized agent.Such applications shall be made in writing on forms furnished
by the building inspector and shall be signed by the applicant.The building
inspector shall,within seven (7)working days of the date of the application,either
approve or deny the application or refer the application back to the applicant in
any instance where insufficient information has been furnished.
c.Revocation of permits.If the building inspector finds that work under any
permit issued is not in accordance with the information supplied in the permit
application and/or is in violation of this Chapter or any other pertinent ordinance
of the Town,or should he find that there has been any misrepresentation in
connection with the application for the permit,he shall notify the sign owner or
erector of such findings and that the violations must be corrected without delay.
If such correction is not made forthwith,the building inspector shall revoke the
permit and serve written notice thereof upon the sign owner or erector.No person
shall proceed with any part of such work after such notice is received.The owner
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shall have the right to appeal the decision of the building inspector in the manner
provided for in Section 17.66.160.
d.Revocation of permits for nonuse.
I.If actual work either on site or off site is not commenced under any
permit issued within sixty (60)days from the date of such permit,andlor if
substantial building operations under any permit issued under this chapter are
suspended for a period of sixty (60)consecutive days,the permit shall
automatically become null and void.
2.The building inspector may grant an extension of time in which to start
or resume operations.All requests for extension and approval thereof shall be
in writing.
e.Forfeiture of fees.When any permit has been revoked under the terms of
this section,permit fees shall not be reffinded.
f.Plans,specifications and other data required.The application for a sign
permit shall be accompanied by the following plans and other information:
I.The name,address and telephone number of the owner or person
entitled to possession of the sign and of the sign contractor or erector;
2.The location,by street address or other location identification
acceptable to the building inspector,of the proposed sign structure;
3.Complete information as required on application font provided by the
building inspector,including a site plan and elevation drawings of the
proposed sign,caption of the proposed sign,type of proposed illumination,
and such other data as is pertinent to the application;
4.Plans indicating the scope and structural details of the work to be
done,including details of all connections,guy lines,supports and footings,
and materials to be used;
5.Application for an electrical permit,and required information for such
application,for all electric signs.
6.A statement of valuation.
g.Permit fees.A permit fee shall be paid to the building inspector for each
sign permit issued under this Chapter;provided,however,that a fee shall not be
charged for putting a sign in conformance with this Chapter when such action is
undertaken voluntarily prior to the expiration of the applicable amortization
period,or for a copy change when no change in business name is involved.The
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permit fee shall be seventy five dollars ($75).Said fee does not include electrical
permit fees,which shall be in addition to the permit fee specified in this section.
h.Inspections.All signs shall be subject to inspection by the building
inspector.Footing inspections may be required on the day of excavation for all
freestanding signs.The building inspector may,within forty-eight (48)hours
after being notified that the sign is ready for inspection,also require inspection of
electrical signs before erection.The permit holder or his agent shall noti’the
building inspector when signs are complete and ready for final inspection.
17.66.150 Special exceptions.
(1)Intent.It is the intent of this Chapter to provide a means of review and
approval of special exceptions to the provisions of this Chapter,whereby specified
deviations from the general sign regulations may be allowed provided that the
proposed size,location and design of such signs are compatible with their
surroundings and consistent with the general intent of this Chapter.
(2)Scope —Signs requiring special exceptions.The provisions of this section
shall apply to the following exceptions:
a.To the maximum allowable sign area for freestanding identification signs
of a low profile,planter-type design,when such signs are located in commercial
and restricted industrial zoning districts,and are designed to complement the
architectural type of the building to which they are appurtenant;and when such
signs contain no copy other than the name and/or street address of the use being
identified and/or a logotype symbol or trademark;
b.To the maximum sign area permitted on theater marquees in cases where
necessary copy and standard changeable letter sizes clearly necessitate such an
exception;
c.To permit the erection of collective identification or directory signs
showing the names and locations of various civic or religious organizations in the
community when such signs are not located on the premises of the uses being
named,but are placed adjacent to major thoroughfares near entrances to the
Town;
d.To permit the erection of kiosks or similar structures and the display
thereon of signs,posters,notices,etc.,when such structures are located within
primarily pedestrian-oriented circulation areas.Such structures shall be permitted
only in commercial and restricted industrial zoning districts,or within planned
unit developments.
(3)Application.Application for approval of a sign permitted as a special
exception shall be filed in accordance with Section 17.66.150.
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Each application shall be accompanied by an application fee of one hundred fifty
dollars ($150)to cover the costs of processing and publication.Said fee shall be in
addition to the sign permit fee required in Section 17.66.140.
a.The Estes Valley Planning Commission shall have jurisdiction to hear all
applications for special exceptions.No special exception shall be granted unless
the proposed sign andlor sign structure meets each and every one of the following
requirements:
I.The proposed sign will not be contrary to the intent of this Chapter,as
declared in Section 17.66.020;
2.The proposed sign will be in accordance with the intent of this section,
as stated herein;
3.The proposed sign will comply with all applicable provisions of this
Chapter,unless any such provisions are expressly permitted to be varied by
the special exception procedure;
4.The proposed sign is reasonably necessary,and the degree of the
exception is the minimum necessary,to accomplish the purpose of the sign
itselt and
5.The proposed sign will not result in adverse effects upon neighboring
properties,or the health,safety and general welfare of the public.
b.After hearing the application,the Estes Valley Planning Commission shall
make its findings,which shall be recorded in the official minutes of the meeting,
either:
1.Granting the proposed application in whole or in part,with or without
modifications or conditions;or
2.Denying the application.
17.66.160 Appeals and variances.
(I)Appeal to,and Request for Variance from the Estes Valley Board of
Adjustment.
a.Any aggrieved person who believes the alleged violation as contained in
the order of the building inspector is factually or legally contrary to the provisions
of this Chapter may appeal the same to the Estes Valley Board of Adjustment,
hereinafter referred to as the “Board”,in a manner provided by such Board.In
the alternative,an aggrieved person may request that the Board grant a variance
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from the requirements of this Chapter.The filing of such request shall be in the
manner provided by the Board.
b.Any aggrieved person may also appeal to the Board any decision or ruling
of the building inspector involving the interpretation of any provision of term of
this Chapter.
c.Any provision in this section to the contrary notwithstanding,no person
may appeal to,or request a variance from the Board of Adjustment when the
building inspector has made a determination that the person is in violations of
Section 17.66.100.
(2)Procedure for Filing Appeal.
a.Every appeal from an order of the building inspector shall be filed within
ten (100 days form the date of such order.The Board shall have no jurisdiction to
hear any appeal not brought within ten (10)days from the date of such order.
b.The fee for filing an appeal,or a request for a variance,or the two in the
alternative,shall be one hundred fifty dollars ($150).
(3)Variances.In every case in which a request for a variance from the
requirements of this Chapter has been filed,the Board shall not grant a variance
unless it specifically finds each and every one of the following conditions to exist:
a.There are special circumstances or conditions,such as the existence of
buildings,topography,vegetation,sign structures or other matters on adjacent lots
or within the adjacent public right-of-way,which would substantially restrict the
effectiveness of the sign in question;provided,however,that such special
circumstances or conditions must be particular to the particular business or
enterprise to which the applicant desires to draw attention and to not apply
generally to all businesses or enterprises.
b.The variance would be in general harmony with the purposes of this
Chapter,and specifically would not be injurious to the neighborhood in which the
business or enterprise to which the applicant desires to draw attention is located.
c.The variance is the minimum one necessary to permit the applicant to
reasonably draw attention to this business or enterprise.
(4)No Variance for Maximum Sign Area on a Lot or Building.Other provisions
of this section to the contrary notwithstanding,the Board shall not have any
jurisdiction to hear,nor the authority to grant,any variance from any section of this
Chapter which limits the maximum permitted sign area on a single lot or building.
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(5)Conditions.The Board may grant a variance subject to any conditions which
it deems necessary or desirable to make the device which is permitted by the variance
compatible with the purposes of this Chapter.
17.66.170 Enforcement.
(flme provisions of this chapter shall be subject to Enforcement and Penalties as
set forth in Chapter 12 of the Estes Valley Development Code.
17.66.180 What constitutes a violation.
It is a violation of this Chapter for any person to perform,or order the performance
of,any act,which is contrary to the provisions of this Chapter,or to fail to perform any
act which is required by the provisions of this Chapter.In the case of a continuing
violation,each twenty-four-hour period in which the violation exists constitutes a
separate violation.
17.66.190 Application of other laws.
If any of the provisions of this Chapter are inconsistent with the provisions of any
other law or laws,presently existing or enacted in the ffiture,of the Town or the State,in
that the requirements regarding signs or the respective provisions differ,the provisions
containing the more restrictive requirements will apply.
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