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Home My WebLink AboutPACKET Community Development 2010-04-01~l LE- Preparation date: 03/24/10 * Revision date: AGENDA TOWN OF ESTES PARK COMMUNITY DEVELOPMENT COMMITTEE April 1, 2010 8:00 a.m. Board Room, Town Hall 1) PUBLIC COMMENT 2) COMMUNITY SERVICES DEPARTMENT a) RECOMMEDATIONS TO THE TOWN BOARD i) Concession Stand Lease Agreement - Mgr. Winslow. ii) Boy Scout Facility Use - Mgr. Winslow. iii) Grandstand Sound Equipment Purchase - Mgr. Winslow. b) REPORTS: i) Visitor Services Quarterly Report - Mgr. Salerno. ii) Museum Quarterly Report - Mgr. Fortini. 3) COMMUNITY DEVELOPMENT DEPARTMENT a) REPORTS: i) Sign Code Revisions - Special Review - Dir. Joseph. ii) Medical Marijuana Update - Dir. Joseph. iii) Community Development Financial Report - Dir. Joseph. iv) Monthly Building Permit Summary - Dir. Joseph. NOTE: The Community Development Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. Jackie Williamson From: Admin iR3045 Sent: Monday, March 29, 2010 2:39 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2539 ST. TIME 03/29 13:34 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 5771590 EP News ERROR ----- 1 F ILE , Preparation date: 03/24/10 * Revision date: AGENDA TOWN OF ESTES PARK COMMUNITY DEVELOPMENT COMMITTEE April 1, 2010 8:00 a.m. Board Room, Town Hall 1) PUBLIC COMMENT 2) COMMUNITY SERVICES DEPARTMENT a) RECOMMEDATIONS TO THE TOWN BOARD i) Concession Stand Lease Agreement - Mgr. Winslow. ii) Boy Scout Facility Use - Mgr. Winslow. iii) Grandstand Sound Equipment Purchase - Mgr. Winslow. b) REPORTS: i) Visitor Services Quarterly Report - Mgr. Salerno. ii) Museum Quarterly Report - Mgr. Fortini. 3) COMMUNITY DEVELOPMENT DEPARTMENT a) REPORTS: i) Sign Code Revisions - Special Review - Dir. Joseph. ii) Medical Marijuana Update - Dir. Joseph. iii) Community Development Financial Report - Dir. Joseph. iv) Monthly Building Permit Summary - Dir. Joseph. NOTE: The Community Development Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. ' C TOWN OF ESTES PARI<2 0 3. 1 1 Memo ,â‚¬mm;rrr;1[g/trifien,R)//Bilritis/jill</5//il LA-:-3Â¥*-i..lilli:Lvz .'.4JLL -F#â‚¬ 2 TO: Community Development Committee From: Bo Winslow, Fairgrounds and Events Manager Date: April 1, 2010 RE: Concession Stand Lease Agreement Background: The lease agreement with the Lions Club for the concession stand at the Fairgrounds at Stanley Park is up for renewal this year. The new lease is similar to the existing lease with the following exceptions: 1) The rent structure has changed. It is now 12% of gross sales, less sales tax, sales tax license fee, food license fee and 3.2% beer license paid to the State and Town. In the past, rent was 15% of the first $50,000 and 10% on any sales over $50,000. 2) There are several changes in the lease to address items that were unclear, as well as a few additions necessary with the new construction. The Town Attorney reviewed the lease and recommends the changes. Budget: The rental fees are budgeted revenues in the Events Division budget under account # 222-5500-342.10-70 for $12,000. Recommendation: I recommend approval of the lease agreement with the Lions Club. I recommend this motion be included on the Consent Agenda at the April 13, 2010 Town Board meeting. , C ORDINANCE NO. _ -10 AN ORDINANCE APPROVING A LEASE AGREEMENT FOR THE CONCESSION STAND AT THE FAIRGROUNDS AT STANLEY PARK TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is appropriate to enter into a lease agreement with the Lions Club of Estes Park for the concession stand at the Fairgrounds at Stanley Park beginning May 15, 2010 and ending December 31, 2010, and for two consecutive years thereafter. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: 1. The Lease Agreement for the Concession Stand at the Fairgrounds at Stanley Park between the Town of Estes Park and the Lions Club of Estes Park, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. The officials of the Town of Estes Park are hereby authorized to execute the Lease. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2010. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2010, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2010. Town Clerk LEASE THIS LEASE, made and entered into this date of , 2010, between the TOWN OF ESTES PARK, municipal corporation, hereinafter referred to as Lessor, and the LIONS CLUB OF ESTES PARK, COLORADO, a Colorado Nonprofit Corporation, hereinafter referred to as Lessee. WITNESSETH: Lessor, for and in consideration of the covenants and agreements hereinafter set forth, to be kept and performed by Lessee, has leased and does hereby lease unto Lessee all those premises, situate in the Town of Estes Park, County of Larimer, State of Colorado, known and described as follows to-wit: SEE EXHIBIT A - The bordered areas on the attached exhibit are for the exclusive use of the Lessee as a food and beverage area ("the Concession Stand") TO HAVE AND TO HOLD, the above described premises with the appurtenances, unto Lessee from March 1, 2010 through December 31, 2010, and Lessee in consideration of the leasing of said premises aforesaid by Lessor to Lessee, covenants and agrees with Lessor as follows: 1. To pay to Lessor, as rent for said premises, twelve (12%) of the gross sales from the operation of Concession Stand. For the purposes of this Lease, gross sales shall be the total amount of funds realized from all sales of food and beverages from the Concession Stand, less sales tax, sales tax license fee, food license fee, liquor liability insurance and an amount equal to the annual license fees paid to the Town of Estes Park and the State of Colorado for the 3.2% beer license. Said rent shall be due and payable to the Estes Park Fairgrounds Director on or before the 1 st day of December, during the term hereof beginning on March 1, 2010. 2. To keep complete and accurate records of Lessee's operation of the Concession Stand and make them available to the Town of Estes Park upon request. In addition, a table of calculations shall be submitted showing the amount due the Town of Estes Park. A schedule showing gross sales for each event shall also be presented with the lease payment. 3. To be liable for repairs and maintenance of all items identified as property of the Lions Club of Estes Park as set forth in the inventory list (Exhibit B). The Lessor shall be liable for repairs and maintenance of all other equipment on the inventory list identified as property of the Town of Estes Park. In addition, the Lessor agrees to pay for maintenance of the interior and exterior of the building in accordance with structural codes and health standards. For general maintenance, i.e. painting and minor improvements, the Lessor will pay for the materials and the Lessee will provide manpower. All improvement inside and outside Concession Stand shall be approved by Fairgrounds Management. (This includes but is not limited to permanently mounted items, painting, removal of permanently mounted items, general maintenance etc...) 4. To keep the Concession Stand and table areas safe and clean and in such order as may be required by the regulations of any governmental authority. This will include the picnic tables and surrounding area. Lessee shall place all trash and recycle from Concession Stand in rolloff container or recycle area provided by Lessor. 1 . 5. Not to alter the structural integrity of the building in any manner, except with the Lessor's written consent. 6. To allow Lessor or its agents to have free access to the demised premises for the purposes of examining or inspecting the condition of the same or the operation of the Concession Stand. 7. To furnish to Lessor a written physical inventory of the equipment presently located in the demised premises. Lessee shall keep said inventory current by written notice to Lessor, whenever there are any additions to equipment. Each listing shall designate the ownership by either the Lions Club of Estes Park or The Town of Estes Park. 8. Lessee agrees to procure and maintain during the term of this Lease, the following insurance coverages: A. Comprehensive General Liability and Automobile Insurance of at least $150,000.00 per injury and $600,000.00 per occurrence. B. Liquor Liability Insurance for the sale of all alcoholic beverages sold by Lessee of at least $150,000.00 per injury and $600,000.00 per occurrence. C. The Lessee and the Lessor understand and agree that the Town is relying on, and does not intend to waive, by any provision of this Lease, the monetary limitations (presently $150,000.00 per injury and $600,000.00 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act 24-10-101 et seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. D. The Town shall be named as an additional insured on said policies. 9. It is agreed by the parties hereto: A. All items on the equipment list owned by the Lessor, all improvements, and all fixtures and equipment shall become the property of Lessor when permanently placed or affixed in the demised premises, and said improvements fixtures and equipment shall be insured at the Lessofs expense. B. Lessee shall have the concession for the sale of all food and drink, for the Grandstand Area and for the blacktop in front on the Stanley Park Grandstand Area as described on Exhibit "A" attached hereto and incorporated herein by reference during the term of this Lease. The Lessor specifically reserves the right to allow or license other concessionaires on the Stanley Park grounds other than the area specifically described on Exhibit "A". Fundraising events conducted in the Grandstand area described in Exhibit "A" will be allowed and Lessee will be notified of event in advance. C. Lessee shall operate said Concession Stand at all events scheduled at the Stanley Park Grandstand Area, and when Lessor requests that the Concession Stand be operated for the other events at Stanley Park with 3 weeks notice. Lessor will provide the Lessee a schedule of events for the season at least three weeks prior to the start of the first event of the season. Changes that effect the opefation of the Concession Stand or require the services of the Lessee will be presented to the Lessee and jointly the two parties will negotiate whether the Lessee can handle the situation or event. Lessee agrees to work with the renter of the grounds and comply with their mandatory open hours of operation. Lessee will contact each show manager, 3 weeks prior to show to decide hours of operation and discuss any other special needs. Lessee shall provide 2 . Lessor hours and needs discussed with show manager. For events that have other food concessions, hours of operation can be negotiated with the Fairgrounds Director. D. Lessor will negotiate a beverage contract. Lessee will be required to work with beverage company selling and stocking only beverages provided by that company. If product is not available through said beverage supplier, Fairgrounds Director will be notified and authorization to purchase from other supplier may be granted. E. In the event of a default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days' notice in writing of said default. If said default is not cured within said ten (10) day period, the non- defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages or terminate the Lease. Damages shall include all reasonable attorney's fees and court costs incurred by the non-defaulting party. F. In the event that changes occur which materially affect the operation of the demised premises, either party shall have the option to request that this Lease be renegotiated. G. Lessee may operate the Concession Stand other than at events scheduled at Stanley Park Fairgrounds by the Town of Estes Park through the Estes Park Fairgrounds Director. Lessee will pay the Town as rent for the events covered by this specific paragraph five percent (5%) of the gross sales from the operation of this Concession Stand during these events. For the purpose of this specific paragraph only, gross sales shall be defined to mean the total amount of funds realized from all sales of food and beverage from the Concession Stand exclusive of sales taxes. 10. Lessee understands and agrees that it is an independent contractor under the terms and conditions of this agreement. As such, the Lessee is not entitled to unemployment or insurance benefits through the Town. Also, the Lessee understands and aarees that it is solely resgonsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. Lessee also understands and agrees that it is responsible for workefs compensation coverage and taxes for itself and anv emplovee. 11. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid as follows: LESSOR LESSEE Town of Estes Park Lions Club of Estes Park, CO Attn: Fairgrounds Director P. O. Box 2016 P. O. Box 1967 Estes Park, CO 80517 Estes Park, CO 80517 12. At the time of the effective date of this Lease, March 1, 2010, the Lessor was constructing the Grandstands including the Concession Stand. The right of the Lessee to occupy the leased premises and conduct its business shall be contingent upon the Town completing the construction of the Grandstand Project and the Concession Stand. Lessee understands and specifically agrees that possession of the leased premises may not occur until at least June 14, 2010 and may, in fact, not occur until substantially after said date. Lessor agrees to keep Lessee informed of the progress and the construction of the Grandstand Project and the Concession Stand. Lessee specifically waives any cause of action against the Town or any claim, damage or 3 right arising out of the Town's inability to provide Lessee with access to and use of all or a portion of the demise premises during the term of this Lease Agreement. Lessee shall have no obligation under the terms and conditions of this Lease until Lessor grants to Lessee the right to access and occupy the leased premises. Said notice shall be in writing and signed by the FAirgrounds Director. 13. Lessee shall not have the right to rent, sublease or grant concessions to any third party for all or a portion of the demised premises without the expressed written consent of the Lesson 14. Upon termination of this Lease, Lessee shall be entitled to remove all of its personal property from the Concession Stand if the same can be removed without damage to Lessor's property. 15. Lessor shall be responsible for payment of all utilities used on the premises. 16. Upon satisfactory review of each operating season, the parties agree to renew this Lease for 2011 and 2012 under the existing terms and conditions specified in the 2010 Lease. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. LESSOR TOWN of ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk LESSEE LIONS CLUB OF ESTES PARK, COLORADO By President ATTEST: Secretary 4 TOWN OF ESTES PARIQ Memo . TO: Community Development Committee From: Bo Winslow, Fairgrounds and Events Manager Date: April 1, 2010 RE: Boy Scout Facility Use Background: The Boy Scouts are having a "camporee" in Estes Park, September 24-26, 2010. Scouts from Colorado, Wyoming and Nebraska are getting together to celebrate 100 years of scouting. The Longs Peak Council has rented Hermit Park to conduct the majority of their activities. They are in need of additional camping space for 300 people, about 75-150 tents, for two nights. Many of the local campgrounds have been contacted and are unable to handle these numbers. The Events Department has a policy that does not allow tent camping. This policy has been waived in the past to allow camping at the Scottish Festival. Staff recommends a fee of $5 per tent per night. The Boy Scouts would be responsible for bathroom rental and trash removal. There would be adult supervision at all times. Budget: Estimated unbudgeted revenue for the Events Division (account #222-5500-342.10-30) of $750 to $1500, depending on the number of tents. Expense would be minimal. Recommendation: I recommend approval of a policy waiver to allow tent camping for the Boy Scouts September 24-26, 2010 with a fee of $5 per tent per night. I recommend this motion be included on the Consent Agenda at the April 13, 2010 Town Board meeting. . TOWN op ESTES PARIQ Memo -= N. .. */6/*/avi~.~~,Io.9 TO: Community Development Committee From: Bo Winslow, Fairgrounds and Events Manager Date: April 1, 2010 RE: Grandstand Sound Equipment Purchase Background: A new sound system was included in the construction budget for the new grandstand. Many speakers in the current system do not work, and the equipment is outdated and not adequate for the events currently booked. Bids for the necessary components were sent to three vendors with the following results: -Drums West: $23,786 (Local) -Ford Audio-Video: $18,625 (Denver) -Listen Up AV: $21,175 (Denver) After reviewing the bids, staff recommends Ford Audio-Video, the low bidder, to supply the components of the sound system. Sound system installation will be handled separately. Budget: $60,000 is included in the construction budget for a new sound system under EPURA account #380-7000-419.35-70. Recommendation: I recommend to the Town Board that we award the bid for grandstand sound system components to Ford Audio-Video, to be included on the Consent Agenda at the April 13, 2010 Town Board meeting. . TOWN of ESTES PARIÂ© Memo *6 - 1 .1 1.Mr. .1 - 111' I#. TO: Community Development Committee From: Teri Salemo, Visitor Services Manager Date: April 1, 2010 RE: Visitor Services Quarterly Report 1. January Visitor Center Traffic The center experienced a 3% increase in Visitor Center traffic over January, 2009. We had 6,000 visitors this January, an average of 200 people per day. Last year, we averaged 194 people each day, for a total of 5,821. RMNP experienced a 4.77% decrease in visitation in January 2010 over January 2009. 2. January Telephone Calls Visitor Services staff fielded 18.5% more telephone calls this January over January 2009: a total of 1,231 calls this year as opposed to 1,039 calls in 2009. 3. February Visitor Center Traffic The center experienced a 21.5% decrease in Visitor Center traffic over February, 2009. We had 4,952 visitors this year, for an average of 177 people per day. Last year in February, we saw an average of 225 people each day, for a total of 6,294. RMNP experienced a 30% decrease in visitation in February 2010 over February 2009. 4. February Telephone Calls Visitor Services staff fielded 8% less calls this February over the same month last year. We received 1,176 calls this year, as opposed to 1,282 calls in February, 2009. 5. Estes Park 2009 Visitor Guide: Distribution from the Visitor Center To date we have distributed approximately 1,200 Visitor Guides through the Visitor Center. This distribution includes walk-in visitors, other Town departments and area businesses. 6. The Visitor Center Volunteers: Ambassadors Due to an unusual number of Ambassadors retiring or resigning this year, we are currently looking to recruit over a dozen new Ambassadors for the coming season. Currently we have eight people interested in training to begin work as an Ambassador by the start of the busy season. Page 1 TOWN of ESTES PARIq Memo 9 3, r - liY:rrm,r-fzrn 14 TO: Community Development Committee From: Derek Fortini, Museum Manager Date: April 1, 2010 RE: Museum Quarterly Report Background: Upcoming Exhibit: The Stirling Legacy. This exhibit delves into the artistic legacy left behind by Dave and Jack Stirling of Estes Park. This father and son artistic duo is often remembered for their community contributions, personalities, artistic representations and created characters. An opening reception will be held in the Main Gallery of the Museum on May 7, 2010. On display through April 10, 2011. Ongoing Temporary Exhibit: Artist-In-Residence 11. On d\sp\ay through July 3, 2010. An update of a popular show we produced in 2002 on Rocky Mountain National Park's longstanding Artist-In- Residence program. A collaboration with Rocky Mountain National Park, this exhibit explores the many facets of the program including literature, paintings/mixed media, sculptures, photography and music. Rocky Mountain Elk: A History. On display through April 25, 2010. This exhibit explores the history of elk and their interaction with humans, specifically in Estes Park. Future Exhibits: In the Footsteps of Isabella Bird: Adventures in Twin Time Travel. Kyoto University professor Kiyonori Kanasaka brings his long-time interest in Isabella Bird's world travels to the Estes Park Museum. After retracing her journeys, Kanasaka has produced a photographic compilation of what the lands spanning the continents look like today. Kanasaka's work has been displayed in Edinburgh (2005, National Library of Scotland), Ripon (2008, Fountains Hall), Dundee (2008, University of Dundee), Tobermory (2009, An Tobar), Kyoto (2010, Kyoto University) and London (2010, Royal Geographical Society). After this Colorado exhibition, his work will tour Honolulu (2011, Hawaii State Library) and Shanghai (2011, Shanghai Normal University). His first show in the United States will be on display in the National Park Service Headquarters at the Estes Park Museum from July 16, 2010 to January 16, 2011. Page 1 Upcoming Programs: April 10- Artist-In-Residence: Writer Paul Miller. Miller will read from his works created in Rocky Mountain National Park and describe his experiences living and working in the William Allen White Cabin. 2:00 p.m. Free and Open to the public. April 17- Artist-In-Residence: Writer Robert Root. Root, author of Following Isabella: Travels in Colorado Then and Now w\\\ speak at the Estes Park Museum on Saturday April 17 at 2:00 p.m. Root will discuss his experience living alone in the William Allen White Cabin in the Artist-In-Residence program hosted by Rocky Mountain National Park, and his quest to find out more about the remarkable world traveler, Isabella Bird. This program is free and open to the public. May 15-16 - Parade of Years. This year marks the 25th annual Parade of Years as Stanley Steamers and other vintage automobiles recreate the drive that brought the first tourists of the season from the Valley to Estes Park. The classic autos will be on exhibit from noon to 1:30 p.m. in Allenspark at the Community Church on Saturday May 15th. On Sunday May 16th, the cars will be displayed surrounding Bond Park from 10:00 a.m. to 1:00 p.m. Both events are free of charge. Sponsored by the Estes Park Car Club, the Estes Park Museum Friends & Foundation, Inc., and the Town of Estes Park. June 19- Colorado Map Society. Presentation by Dave Cole, President of the Colorado Map Society, on antique maps and Colorado history as reflected in vintage maps. Emphasis will be placed on the Estes Park area. Program begins at 2:00 p.m. and is free and open to public. June 22 - Che/ey Camp Tour. Back by popular demand! Join us for a tour of the historic Cheley Colorado Camp from 10:00 a.m. to 12:00 p.m. on Tuesday, June 22. This tour is facilitated by the Estes Park Museum and guided by Cheley Camp staff. Space is limited and reservations are required by calling the Museum at 970-586-6256. The tour is free for members of the Estes Park Museum Friends & Foundation, Inc. and $5 for non-members, payable by cash or check the day of the tour. Budget N/A Recommendation: None Page 2 ~. Estes Park Museum December, 2009 December 2009 Attendance* Gallery Visitors 120 Programs and Tours-Museum 169 Programs and Tours-Hydroplant O Group Meetings and Rentals 199 Total December Attendance Total Attendance & Programs-Museum & Hydro 488 Estes Park Museum Programs and Tours Capacity 165 Programs and Tours Percentage Utilization 98 800 9 ' ..... 700- ,- Museum & Hydro Programs and Tour-Detail: 4 12-3 It' Electrifying! Estes Park Elementary Outreach 34 600- r 12-4 It's Electrifying! Estes Park Elementary Outreach 35 ' 500- 5 r--1 w ~451[ 12-4 Read Feather Woman Storyteller 65 ~ ~411~ 12-12 Ken Jessen "Ghost Towns" Book Signing/Presentation 35 400- r . R-- - 1.IE Museum Meetings and Rentals-Detail: 300- -I 12-7 Estes Park Museum Friends Board Retreat 15 200- 12-8 CVB Ambassadors Meeting 48 12-15 Estes Park Internet Users 15 100- ~ 12-15 Library Program-Great Decisions Discussion Group 35 12-16 Police Auxiliary 20 0, , 2005 2006 2007 2008 2009 12-17 Steering Committee 6 12-17 Rooftop Rodeo Committee 30 12-19 Bird Counters Meeting 30 Total Attendance Year-to-Date: 200719859 200819645 200919614 * Winter hours at the Museum run from November through April. During winter hours, the gallery is open to the public Friday through Sunday with the exception of national holidays. 2 Estes Park Museum February, 2010 February 2010 Attendance* Gallery Visitors 157 Programs and Tours-Museum 0 Programs and Tours-Hydroplant O Group Meetings and Rentals 290 Total February Attendance Total Attendance & Programs-Museum & Hydro 447 Estes Park Museum Programs and Tours Capacity N/A Programs and Tours Percentage Utilization N/A 2000-. 1800- Museum & Hydro Programs and Tour-Detail: 1600- 2-13 Edible Homestead-Cancelled 0 1400- F-1 1 1267l Museum Meetings and Rentals-Detail: 1200- 1 2-4 Senior Center Program: Igor Stravinsky 50 10004 2-4 Estes Park Car Club 28 800- 2-5 Special Transit 3 1=1 1-1 l 2-11 Senior Center Program: Igor Stravinsky 50 600- --L-J--14551-1Ii---lllt 447 - 2-15 Rooftop Rodeo Committee 5 400- - 2-17 Religion and Philosophy Group 28 200-- 2-17 Estes Park Museum Friends & Foundation, Inc. 4 2-18 Rooftop Rodeo Committee 35 0- ' ' ' 1 2006 2007 2008 2009 2010 2-22 Estes Park Police Department Interviews 24 2-23 Estes Park Police Department Interviews 24 --------------------------- 2-24 Estes Park Police Department Interviews 24 2-25 Estes Park Museum Friends & Foundation, Inc. 15 Total Attendance Year-to-Date: 2008 1675 2009 1982 2010 1066 * Winter hours at the Museum run from November through April. During winter hours, the gallery is open to the public Friday through Sunday with the exception of national holidays. Note: Attendance is significantly higher in 2008 and 2009 primarily because the Museum participated in Imagine This!, a family activity fair sponsored by CACEP. This year, Imagine This! fell on the same day that a family activity (Edible Homestead) was scheduled at the Museum. There was low enrollment for Edib/e Homestead so the program was cancelled. Next year the Museum intends to participate again in Imagine This! ~Â® Estes Park Museum January, 2010 January 2010 Attendance* Gallery Visitors 200 Programs and Tours-Museum 109 Programs and Tours-Hydroplant O Group Meetings and Rentals 310 Total January Attendance Total Attendance & Programs-Museum & Hydro 619 Estes Park Museum Programs and Tours Capacity 128 800-1 Programs and Tours Percentage Utilization 85 |715 700- Museum & Hydro Programs and Tour-Detail: & 12 1-22 Eagle Rock School Art Class 10 600- El 1-25 Hollinsgworth Family Gallery Tour 3 1=1 500- 1-27 NY Consultant Agency 3 1 E i i ...9. 1-29 Artist-In-Residence Exhibit Opening 67 i .* it ~~ w 2 400-} b Ft . 10 - 1-30 Lanny Grant: Painting on Location 26 11 2 1.' 300- i *51; 94 k 4- E. 4. i Museum Meetings and Rentals-Detail: AllÂ·. 9/H: i#k \, Ilit li=a r.- ./.al Â·14 b, t Â·Â· .â€¢b bri. 4 r.' Â· . ,Li,=. ft 1-4 Estes Park Car Club 21 zoo.2. ~, - ~ 101}F Â¥.1. , 1-11 Rooftop Rodeo Committee 22 100-I -4 ..- E 1-12 CVB Ambassadors Meeting 38 1-14 Senior Center Program: Igor Stravinsky Class 47 0 2006 2007 2008 2009 2010 1-20 Senior Center Program: Religion and Philosophy 34 1-21 Senior Center Program: Igor Stravinsky Class 48 1-21 Rooftop Rodeo Committee 40 1-28 Senior Center Program: Igor Stravinsky Class 42 1-28 Estes Park Museum Friends Board 18 Total Attendance Year-to-Date: 2008 461 2009 715 2010 619 * Winter hours at the Museum run from November through April. During winter hours, the gallery is open to the public Friday through Sunday with the exception of national holidays. r .- I ../.I:,1Â£.. TOWN or ESTES I?ARL Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Robert Joseph, Director, Community Development Department Date: March 30, 2010 RE: Sign Code Revisions - Special Review Background: As per recommendation from the Sign Code Task Force, Staff has drafted a flexible creative sign permitting process. The Creative Sign Program provides for property owners and businesses to propose and the Town to consider limited deviations from the regulations for on-site permanent signs provided in this Chapter under certain circumstances where the applicant voluntarily chooses to submit to this review as an alternative to the use by right sign provisions normally applicable under this chapter. The intent of this process is (1) to encourage signs of high quality materials and workmanship, (2) to encourage signs of unique design that exhibits a high degree of imagination, inventiveness, spirit, and thoughtfulness; and (3) to provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the Town, while mitigating the impacts of large or unusually designed signs. Sign Code Revisions: Creative Sign Program. A. Purpose. The Creative Sign Program provides for property owners and businesses to propose and the Town to consider limited deviations from the regulations for on-site permanent signs provided in this Chapter under certain circumstances where the applicant voluntarily chooses to submit to this review as an alternative to the "use by right" sign provisions normally applicable under this chapter. The intent of this process is (1) to encourage signs of high quality materials and workmanship, (2) to encourage signs of unique design that exhibits a high degree of imagination, inventiveness, spirit, and thoughtfulness; and (3) to provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the Town, while mitigating the impacts of large or unusually designed signs. B. Applicability. Any property owner or business owner in any zoning district is eligible to apply for a Creative Sign permit. C. Method of Application. An application for a Sign Permit under the Creative Sign Program shall be made on the form(s) prescribed by the Community Development Department. The application shall be accompanied by any required fees. The required contents of the application shall be as specified in Section (Creative Sign Program), D. Review Procedures. At each level of review or appeal, the decision shall be rendered, in writing, within the time limits set forth herein. The time period begins running when the application is deemed complete, or the notice of appeal has been filed, whichever applies. 1. Generally. a. Notwithstanding any of the time limits contained in this Section, the Community Development Department and the Creative Sign Design Review Board shall endeavor to render decisions in a timely manner. b. Notwithstanding the time limits contained in this Section, the Community Development Department and the applicant may mutually agree to an extension of the time limits. Such extension shall be in writing and shall be for no more than 90 calendar days. 2. Completeness Review. a. Upon receipt of a Creative Sign Program application by the Town Community Development Department, the Department shall perform a completeness review and issue a written status determination within ten calendar days. b. In the event the Community Development Department determines that the application does not include the necessary information needed to review the proposal for consistency with this Chapter, the Community Development Department shall deem the application incomplete. If the application is incomplete, the applicant shall be notified in writing. The notification shall specify what information is missing. c. In the event the Community Development Department determines that the application does include the necessary information needed to review the proposal for consistency with this Chapter, the Community Development Department shall set a hearing date no later than 60 calendar days from the date of receipt of a complete application for the Final Review of the application. 3. Final Hearing and Review. A Creative Sign permit application shall be subject to review and approval by the Community Development Director where the cumulative area of the proposed sign(s) is fifty square feet or less, or shall be subject to review and approval by the Creative Sign Design Review Board where the cumulative area of the proposed sign(s) is larger than fifty square feet. The burden is on the applicant to demonstrate substantial compliance with the applicable Creative Sign Design Standards as set forth herein. The Community Development Director or the Creative Sign Design Review Board shall issue a written finding of approval or denial of the application within 10 calendar days of the Final Hearing and Review. 4. Appeals. Appeals by the applicant of the Final Decision of the Community Development- Director or the Creative Sign Design Review Board shall be heard by the Town Board of Trustees. Appeals must be received in writing within 10 calendar days of the date of denial by the Community Development Director or the Creative Sign Design Review Board. The hearing of the appeal shall be held within 60 calendar days of receipt of a written application and related fee. Written appeals must specifically identify and address the design standards at issue as the reason for denial of the application. E. Creative Design Standards Design Quality. The sign(s) shall: 1. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area; 2. Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and 3. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, proportion and form; 4. Signs should contribute to the image of the community by conveying a distinctive character that conveys a strong sense of place. Contextual Criteria. The sign(s) shall contain at least one of the following elements: 1. Historic design style; 2. Positive and creative image reflecting current character of the business; 3. Inventive representation of the use, name, or products of the business. Arch#ectura/ Criteria. The sign(s) shall: 1. Utilize or enhance the architectural elements of the building; and 2. Be placed in a logical location in relation to the overall composition of the building's fagde, 3. Be integrated within and not cover any key architectural features and details of the building faGade. 4. Architectural Style. Each sign shall be designed to be compatible with and relate to the architectural style of the main building or buildings upon the site where such sign is located. 5. Relationship to Buildings. Signs located upon a lot with one main building or several buildings shall be designed to incorporate at least one of the predominant visual elements of such building or buildings, such as the type of construction materials, color, or other design detail. 6. Color. The color(s) of a sign should be harmonious and complementary to the colors of the building on or near which it is to be located. 7. Sign Materials. The goal of sign design is to maintain attractive, and compatible styling so as not to conflict or distract from the architectural character of the area. The choice of materials and the workmanship in the use of the materials should convey both a sense of quality and creativity. 8. Multiple Signs. Where more than one sign is proposed, all signs shall have designs that incorporate the following design elements in a compatible and coordinated fashion. a. Letter style of copy; b. Shape of total sign and related components; c. Type of construction materials; d. lighting; e. Method used for supporting sign (e.g., wall or ground base). 9. Wall signs should be located on the upper portion of the first floor storefront and should be centered within an area uninterrupted by doors, windows, or architectural details. 10. To convey a subtle appearance, the use of back-lit or reverse channel letters with halo illumination rather than internally-lit signs are encouraged. Neighborhood Impacts. 1. The sign shall be located and designed not to create glare on neighboring uses. 2. Constitute a substantial aesthetic imprdvement to the site and shall have a positive visual impact on the surrounding area; 3. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion. F. Creative Sign Design Review Board The Town Board of Trustees shall, as needed from time to time, appoint members to serve on the Creative Sign Design Review Board. The membership shall consist of the following: . Two business owners (one owner of a retail merchandise business, and one lodging owner), an architect, the Community Development Director, the Town Administrator. Members shall serve unlimited terms subject to replacement at the sole discretion of the Mayor of Estes Park. Budget: NA I 1 4 TOWN OF ESTES PAI< Memo *ul,1111.,f[~7 (ilZE:ZE[13~piifIGI) TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Robert Joseph, Director, Community Development Department Date: March 30, 2010 RE: Sign Code Revisions Background: The attached sign code incorporates revisions requested by the Community Development Committee at the March 4, 2010 meeting. Budget NA Chapter 17.66 Signs 17.66.010 Title. This Chapter shall be known and cited as the "Town of Estes Park Sign Code." (Ord. 11-76 ~ Â§2(part), 1976; Ord. 17-02 Â§1(part), 2002) 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 I 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 I of the public; (2) Recognize and ensure the right of those concerned to identify businesses, services and other activities by the use of signs; E (3) Ensure 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 unsafu, obscure the vision of motorists and/or compete or conflict with necessary traffic signals and warning signs; ,-- Deleted: 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 17.66.030 Scope and application of this Chapter. welfare and to the protection of the visual environment. (Ord. 11-'76 Â§2(part), 1976: Ord. 15- The provisions of this Chapter shall apply to the display, construction, erection, alteration, use, 97,1997; Ord. 17-02 Â§1(part),2002) location and maintenance of all signs within the Town, and it is unlawful hereafter to display, construct, erect, alter, use or maintain any sign except in conformance with the provisions of this 1 Chapter. (Ord. 11-76 Â§2(part), 1976; Ord. 17-02 Â§1(part),2002) 1 17.66.040 Definitions. As used in this Chapter, the following words and phrases are defined as follows: 1 (1) Area ofa sign means the area of the smallest regular geometric symbol encompassing all ~ the informative features of the sign, including copy, insignia, background and borders. 1 - (2) Awning means a,~heltfts-uPROft~d ergi~ly- (rgm #Le_e3tg0or_Â»11_of abllilding[.}9]_ _____.-- Deleted: movable - Deleted: and of a type which can be retracted, (3) Building Code means the latest edition of the Building Code, as amended and adopted by | folded or collapsed against the face of the supporting the Town. building; or a covered space framed structure Page 1 of 29 | Sign Code Amendments, Draft #2, 04-01-2010 (4) Building inspector means the officer or other person charged with the administration and I enforcement of this Chapter, or his or her duly authorized deputy. 6) 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. (6) Face or wail of building means the general outer surface of any main exterior wall or foundation wall of the building, including windows and storefront. 1 -E{(8) Frontage, building means the horizontal, linear dimension of that exterior side of .-- Deleted: (7) . Flag means the flag, pennant or a building which abuts a street, a parking area, a mall or other circulation area open to the general ensign of any nation, organization or nations, state, county, city, religious, civic, charitable or fraternal public; and has either a main window display of the enterprise or a public entrance to the building. organization, or educational institution. Where more than one (1) 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. (9) Frontage, street 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. (1CD Height means the vertical distance measured from the elevation of the nearest sidewalk i (or, in the absence of a sidewalk within twenty-five (25) feet, then from the lowest point of finished grade on the lot upon which the sign is located and within twenty-five (25) feet of the , sign), to the uppermost point on the sign or sign structure. (11) Illumination, direct means lighting by means of an unshielded light source , Page 2 of 29 | Sign Code Amendments, Draft #2,04-01-2010 1 1 --9- .... 1 .r / - (including fluorescent, LED. *jand neon tubing) which is effectively visible as a part of the sign, 1 where light travels directly from the source to the viewer's eye. (12) Illumination, indirect 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 i primarily designed to illuminate the entire building fagade upon which a sign is displayed. (13) Illumination, internal means lighting by means of a light source which is within a sign i having a translucent background, silhouetting opaque letters or designs, or which is within letters 4 or designs which are themselves made of a translucent material. (14) Kiosk means a small structure, typically located within a pedestrian walkway or similar circulation area, and intended for use as display space for posters, notices, exhibits, etc. (15) Light source mâ‚¬Â®s and includes any device, or method of producing light, including | neon, fluorescent, LED. [6]or similar tube lighting, incandescent bulb and any reflecting surface i which, by reason of its construction and/or placement, becomes in effect the light source. ' (16) Lighting, backlighted means a concealed light source located behind the surface of the sign to highlight specific elements of the sign. .R.----_----------------------------- , _ - - Deleted: (17) . Lighting, neon means any method of lighting using neon tubes in a manner in which the i neon tube can be seen. 18) 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. 1 (19) 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, or a change of copy to identify a new business where , 1 the change is made to an existing permitted ioint identification sign panel that is to remain in place. The replacing or repairing of a sign or sign structure which remains structurally sound. but has been damaged to an extent exceeding fifty percent (50%) 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 i by an act of God or violent accident.[14] 1 IZ61(20 National Electrical Code means the latest edition of the National Electrical Code,_- .-- Deleted: (20) Marquee means apermanently published by the National Fire Protection Association, as amended and adopted by the Town. ! roofed structure attached to and supported by a , building, and projecting from the building. 1 1 (22) Roof means the cover of any building, including the eaves and similar projects. (23) 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,[gl . --- Deleted:, provided that the parapet wall extends around the entire perimeter of the building (24) 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, - , ' Deleted: or outdoor display of merchandise to pr any other display of similar character which:[37] Â· attract business, Page 3 of 29 ~ | Sign Code Amendments, Draft #2, 04-01-2010 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 other ~ feature attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement or announcement. (25) Sign face means the surface of a sign upon, against or through which the message is displayed or illustrated. (26) 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 event. b. Construction sign means a temporary sign announcing subdivision, development, 1 construction or other improvement of a property by_8 builder, contractor or other person q furnishing services, materials or labor to the premises,,[8] _ - - Deleted: 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 (2) sides are separated by not more than twenty-four (24) inches and are parallel to each other. Such signs shall be considered as one ~ (1) sign. e. Freestanding sign means a sign which is supported by one (1) 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 sign is attached to any part of any ~ building, structure or other sign. Freestanding sign includes pole signs, pedestal signs and t ground signs. f. Ident(fication sign means and includes any of the following: 1. A nameplate which establishes the identity of an occupant by listing his or her 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; I 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 ~ Page 4 of 29 | Sign Code Amendments, Draft #2,04-01-2010 5. A commemorative sign, such as a cornerstone, memorial or plague, 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 (2) or more uses on the same lot. I IÂ®jj... _ _0#-premises.adyer#4iog sign-means-anygff-p[emises-figq,including_a_til!129-ard_ -_-- Deleted: h..Marqueesign means a sign depicted or general outdoor advertising device, which advertises or directs attention to a business, , upon, attached to or supported by a marquee as defined in this Section. 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 does not include 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 (12) inches or more horizontally beyond the surface of the building to which the sign is g attachetl 2-- - Deleted:, but does not include a marquee sign as defined in this Section 1. 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. m. Roof sign means a sign painted on the roof of a building; supported by poles, uprights or , braces extending from the roof of a building or projecting above the roof line or a building, but does not include 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 (12) 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 (45) 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 (1) or more pennants, ribbons, spinners, - streamers or captive balloons, or other objects or materials fastened in such a manner as to Page 5 of 29 | Sign Code Amendments, Draft #2, 04-01-2010 move upon being subjected to pressure by wind or breeze, but does not include flags or , Temporary Banners and Town Sponsored Events Banners as provided for herein. L Window sign means a sign which is painted on, applied or. attached to, or located within ; 1 three (3) feet of, the interior of a window, which sign can be seen through the window from the ~ exterior of the structure. Merchandise which is included in a window display shall not be 1 included as part of a window sign. 1 IF11(27)_ _ _Sfgn_sfructg'Le-mens_a-ny supports, uprights, braces or frameworks of a sign. .-- Deleted: u. . Outdoor display of merchandise to attract business means the outdoor display of ' merchandise offered for sale where such outdoor (28) Signs, number of For the purpose of determining the number of signs, a sign shall be j display is located with the primary purpose of considered to be a single display surface or display device containing elements clearly organized, + attracting attention of passing motorists or pedestri- related and composed to form a unit. Where sign elements are displayed in an unrelated or ' ans, and where the display is moved indoors at the 1 close of business daily and therefore does not - random manner, each element shall be considered to be a single sign. (Ord. 11-76 Â§2(part), 1976, constitute seasonal or permanent accessory outdoor Ord. 25-76 Â§1,1976; Ord. 21-82 Â§1(E), 1982; Ord. 15-97,1997; Ord. 17-02 Â§1(part), 2002) storage. 17.66.050 Exemptions Except as specifically provided herein, the following may be erected without a sign permit. These I exempt signs shall not be included in the determination of the total allowable number of signs or total I allowable sign area for a site. 18]_ 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, to identify streets or to warn of danger. (3) Flags, limited to three (3) flags per lot. The maximum individual size of a #lispl@yed_ - .--, Deleted: permanently ,flag~hall_be three (3) feet by five (5) feet when hung from a building. or five (5) feet by seven (7)_.-_ _ -- Deleted: American feet when hung from a flag pole, Flags identifying a commercial enterprise or other place of 1 --2 Deleted:, Colorado flag and official Town of business shall be included in computation of maximum allowable sign area and shall be further I. , Estes Park flag subiect to those limitations. [8,38] - Deleted:,Colorado flag and official Town of , Estes Park flag shall be forty (40) square feet. The (4) Temporary decorations or displays, when such are clearly incidental to and are customarily maximum individual size of all other permanently ~ and commonly associated with any national_hpljÂ®y, [81171 . o feet. displayed flags shall be fifteen (15) thirty (30) square i , f - 1 (5) Temporary or permanent signs erected by the Town, public utility companies or , Deleted:. state. local or religious . ~ construction companies to warn of danger or hazardous conditions, including signs indicating the Deleted: or celebration . 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 ~ Page 6 of 29 | Sign Code Amendments. Draft #2,04-01-2010 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. (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,iguffi)_squafe_fpqt per_fBeNS]_ _ _______._ . _____._____-____-___---1 Deleted: two andone-halt(2.5) 1 (9) Displays of string lights, provided that they are: a. Decorative displays which only outline or highlight landscaping or architectural features i | of a building, and are not placed on or used to outline signs, sign supports, pr- assettlt?Jefl_QF_ - --1 Deleted: awnings and/or canopies, arranged to convey messages, words, commercial advertisements, slogans and logos; [8] | b. No greater in intensity than five (5) watts, and are steady-burning, Dulb ligl-ts-. - Pip_.L--1 Deleted: clear, nodcolored blinking, fiashing or intermittent changes in intensity or rotating shall be permitte-di[B] (10) Signs displayed on motor vehicles providing public transportation, provided that they conform to the following requirements: a. The signs are flat and do not project more than four (4) inches from the surface of the ~ motor vehicle. 129] - - - Deleted: b. No more than one-third (M) of the surface area of the vehicle is covered by the signs. i Surface area shall not include the roof, wheels, lights c. The signs shall not be prohibited signs as more specifically set forth in Section and/or undercarriage of the vehicle. 17.66.060. d. Motor vehicle providing public transportation is a motor vehicle operated pursuant to a I 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 1 Commission of the State. Vehicles which are exempt from regulation as public utilities , pursuant to Section 40-15-101, et. seq., C.R.S., are not eligible for an exemption from the sign code pursuant to this Section. (11) Identification signs which do not exceed two (2) square feet per face or four (4) square ! feet in total surface area; limited to six (6) feet in height and limited to one (1) such sign per use or per building, whichever is the greater number. ~ (12) Temporary nonilluminated real estate signs which do not exceed p-inp_(92 TIM squ,re__ . - 4 Deleted: six (6) 1 feet in total area and four (4) feet in height, limited to one (1) such sign per street frontage. Such signs are restricted to the subject property and shall not remain in place more than seven (7) days after the sale, lease or rental of the subject property. a. An open house sign associated with the property for sale may only be displayed beginning up to one (1) hour before the start of the open house, and must be removed no later than one (1) hour , after the conclusion of the open house. b. An open house sign may ontv be displayed between 8:00AM and 8:OOPM each day. i Page 7 of 29 , | Sign Code Amendments, Draft #2,04-01-2010 11 i c. An open house sign may not be displayed for more than three (3) consecutive days. @fi 1 - 1 (13) Signs in the nature of cornerstones, commemorative tablets and historical signs which do ' not exceed four (4) square feet per face in area and six (6) feet in height, and which are nonilluminated 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 (3) square feet per sign per face in area . . and eight (8) feet in height, and do not contain any advertising or trade name identification. Private traffic control signs which conform to the standards of the Colorado Manual of Uniform I Traffic Control Devices may exceed three (3) square feet per face in area, but shall not exceed ~ seven (7) square feet per face. Such signs shall not exceed eight (8) feet in height. (15) Signs required or specifically authorized for a public purpose by any law, statute, ordinance or resolution. (16) Nonilluminated window signs, when the total area of such signs: ' a. Does not exceed twenty-five percent (25%) 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 (25%) of the total allowable sign area for the premises. c. Such signs shall not exceed four (4) 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 (150) 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 (1) such sign for each use, not to exceed four (4) square feet per face or eight (8) 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 (2) square feet per face or four (4) square feet in total surface area, limited to four " (4) such signs per use or per building. 1 , Deleted: (20) . Text or copy changes on signs 2 ,' specifically designed to permit changes of the text or j ,/ . copy thereof. Â£81 / , Deleted: (21) . A sign, which does not exceed six 1 / (6) square feet per face or twelve (12) square feet in I .[8] , ' total surface area; limited to six (6) feet in height and | limited to one ( 1) such sign per lot and which does i not propose. concern, reflect or promote a ; commercial purpose. Page 8 of 29 | Sign Code Amendments, Draft #2,04-01-2010 1 (22) Vending machine signs, provided that such signs are limited to the product being vended. ' (Ord. 11-76 Â§2(part), 1976; Ord. 36-76 Â§1,1976; Ord. 17-80 Â§1,1980; Ord. 21-82 Â§1(A), (B) and (C), 1982; Ord. 1-87 Â§1,1987; Ord. 6-87 Â§1,1987; Ord. 15-97,1997; Ord. 17-02 Â§1(part),2002; 2 Ord. 17-07 Â§1,2007) 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 r any description or other apparent visible movement achieved by electrical, electronic or ' mechanical means, except for Town Sponsored Banners and Temporary Banners as provided in sections 17.88 and 17.89, time-temperature-date signs, 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 (5) Wind signs; decorations except as provided in Subsection 17.66.050(91 (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 I example, bandwich boards and handheld signs). Tempocary. ceal estate_ s-igns _alt0Â®Â£4 to_ pqsts__ - - -1 Deleted: banners, driven into the ground and temporary safuty barriers are excepted. (9) Any sign or sign structure which: a. Is structurally unsafe, or 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 Page 9 of 29 , | Sign Code Amendments, Draft #2,04-01-2010 1 1 1 - - - 1 b. Creates an unsafe distraction for motor vehicle operators, or c. Obstructs the view of motor vehicle operators entering a public roadway from any J 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, except as specifically permitted by Chapter (# TBD for Town Approved Special Events Chapter); ~ loc~~1, e~~t for ~~1?~arypdol~tric~tstm;,lasperrntt51193tattedubysAttionplrf.62572%d 1 except for signs permitted under the provisions of Section 17.66.130. m im J - - Deleted: (15) Except as provided in Subsection 17.66.050(8), any sign having direct illumination, including but not limited to visible neon tubing. 17.66.070 Temporary signs. (Ord. 17-02 Â§1(part), 2002) Temporary signs in all zoning districts shall be subject to the following specific requirements: Temporary real estate signs no larger than nine (9) square feet per face shall be exempt from any permit for a period of one (1) year. All other temporary signs shall be allowed for a period of ninety (90) days without a permit. Temporary siszns intended to be displayed for a period longer than ninetv (90) days are required to obtain a permit. and shall identify the lonizer time period on the permit. [12.19] (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*i_rty-_ --- Deleted: thirty-six (36) square feetintotalareanor two (32) square feet per face, and shall not exceed twelve (12) feet in height. No riders or eighteen (18) attachments to such signs shall be permitted. ITIi .' ,-- Deleted: For residential developments consisting ~ of five (5) dwelling units or less, the maximum area permitted for a construction sign shall be three (3) b. Construction signs shall be displayed only on the property to which the sign pertains. l square feet per face for each dwelling unit being One (1) such sign shall be permitted for each street upon which the property either has frontage 1 constructed. or has an entrance from a major thoroughfare; provided that the minimum distance between signs on any single development shall be one thousand (1,000) feet. c. In case of a subdivision, construction signs shall not be displayed prior to the date of Jecordation of the final subdiyi,Â®11 plat. [27] - - - 1 Deleted: official filing ~ : d. In other cases, such signs may be displayed for the duration of construction until 4 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 1 Page 10 of 29 | Sign Code Amendments, Draft #2,04-01-2010 which they are located within ten (10) 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 (4) square feet in all residential districts and a maximum size of one hundred fifty (150) square feet in all other districts. (Ord. 11-76 Â§2(part), 1976; Ord. 21-82 Â§1(M), 1982; Ord. 17-02 Â§ 1 (part), 2002) (3) Temporary banners. See 17.89. 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 J | single continuous perimeter of not more than Jyvelve (12)_strAigly_of -radkl _1*senclosing the ---1Deleted: eight (8) extreme limits of writing, representation, emblem or any figure of similar character, tok@ther with- 1 any material or color forming an integral part or background of thedisplay or used to differentiate ' such sign from the backdrop or structure against which it is placed.[22] , (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 (50%) of the sign face, or b) is made an 1 integral part or background of the display shall be included in computing the total sign area. 1 (4) Where a sign has two (2) or more display fuces and is not a double-faced sign, the area of I all faces shall be included in determining sign area. (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_mgulation, a figure shall be considered to have not less than one (1) nor more than four (4) sides, ,[3.71___________2--- Deleted: Thisshallbe the method used to calculate I the area of "outdoor displays of merchandise to attract business" and other three-dimensional figures (7) Building frontage used as the basis of determining permitted sign area for one (1) use or displays that are to be considered in the total shall not be used again as the basis for determining the permitted sign area for a different use. i allowable signage calculation. 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) All 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. (Ord. 11-76 Â§2(part), 1976; Ord. 21-82 Â§1(K), 1982; Ord. 17-02 Â§1(part), 2002) i Page 11 of 29 | Sign Code Amendments, Draft #2, 04-01-2010 17.66.090 General regulations. Any sign allowed herein may contain. in lieu of any other messaire or copy. anv lawful. non- commercial-message, so lone as the sign complies.with the size and height, area, and other requirements. NI ta) Signs at street intersections. ,-Sba.11 be.located in conformance with Appendif DÂ«. Sectipn I.V._ --- Deleted: 1 Intersection and Driveway Visibility of the Estes Valley Development Code.[25] - - Deleted: On corner lots, no sign or sign structure between a height of two and one-half (2.5) fuet and (b) Illumination. Illuminated signs shall be subject to the following conditions: ten ( 10) feet above the street elevation (other than a pole twelve [12]square inches or less in cross- sectional area) shall be erected within the following IM 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 a. Neither the direct nor the reflected light from any light source shall create a traffic hazard or N thirty (30) feet from the intersection of the right-of- , way lines. This regulation shall apply to at! signs distraction to operators of motor vehicles on public thoroughfares. 1 except wall signs. Deleted: (1). Any light used for the illumination b. The light from an illuminated sign shall not be of an intensity or brightness that will create a ~ of a sign shall be shielded so that the beams or rays negative impact on adiacent uses in direct line-of-sight to the sign. ~, of light will not shine directly beyond the lot upon ~ which the sign is located. c. External light sources shall be directed and shielded to limit direct illumination of anY obiect ~ other than the sign. d. In no case. with all lighting components energized, shall the lighting intensity of any sign. | whether resulting from internal or external illumination, exceed sixtY (60) foot candles when measured with a standard light meter held at a distance of ten inches from the sign face. e. Signs shall not have exposed neon tubes, fluorescent tubes or incandescent bulbs exceeding fifteen (15) watts. f. Maximum brightness levels for electronic reader boards shall not exceed 4.000 nits when measured from the sign's face at its maximum brightness during daylight hours and 400 nits when measured from the sign's face at its maximum brightness between dusk and dawn. 2. Electronic reader boards located within the CD-Downtown Commercial zoning district shall be restricted to a static image that changes no more than once in any twenty-four (24) hour period. Electronic reader boards located in the all other commercial districts shall be restricted to a static image that changes no more than once every twenty minutes. h. No illumination shall be anything other than a steady, continuous burning bulb or lights. Flashing, blinking. oscillating, rotating or intermittent turning on-and-off of any illuminating device is prohibited. Time/weather informational signs and official warning and regulatory signs erected bv the Town or State are exempt from this regulation. Hi,Y] (3) Signs in commercial and restricted industrial zoning districts may be indirectly, directlv 1 1 or internally illuminated.iii (c) Signs on fences and freestanding walls. Signs displayed upon funces or upon freestanding walls shall be erected or mounted in a plane parallel to the fence or wall, and 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, 1 L i i Page 12 of 29 | Sign Code Amendments, Draft #2, 04-01-2010 I 1 - -Ill-79Â¥-,9-â€¢ --Â·h 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. (d) Window signs. The area of all window signs in excess of twenty-five percent (25%) 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. , (e) Signs which identify lands which have been subdivided in accordance with the Estes Valley Development Code shall be subject to the following regulations: (1) The sign may be located within public street right-of-way where such sign is approved as i an integral fuature of the street construction plans at the time of final plat approval. Otherwise, the , sign shall be located a minimum of ten (10) feet from the street right-of-way line. (2) Such signs shall conform to the sign requirements relating to site distances at intersections under the provisions of this Chapter. (3) The maximum size for a subdivision identification sign shall be thirty-six (36) square feet . (or eighteen [ 18] fuet per face). (4) The signs shall only contain the name of the subdivision and not a pictorial representation of the subdivision. (Ord. 11-76 Â§2(panh 1976; Ord. 25-76 Â§Â§2, 6, 1976; Ord. 17-80 Â§2, 1980; Q Ord. 21-82 Â§1(I) and (J), 1982; Ord. 15-97,1997; Ord. 17-02 Â§1(part), 2002) I 17.66.100 District sign regulations. (a) Use districts (zoning districts). The use districts, as set forth in this Title and amendments i 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 1 interpretation of such maps as may be contained in this Title and amendments hereto. (b) 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. (c) 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. (d) 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 (2) or more adjacent lots, the total area of all signs on all such adjacent lots shall not exceed one and one-half (1.5) square feet per lineal foot of building frontage at ground level, and three-quarters (0.75) square foot per lineal foot of second story building frontage. In no event, | however, shall the cumulative total allowable sign area exceed #yo hundred (200)_square feet per_ i -- f Deleted: one hundred fifty ] business.fRjj 1-- - Deleted: 150 } Page 13 of 29 ; | Sign Code Amendments, Draft #2,04-01-2010 - Schedule of Requirements ; For all Nonresidential Zoning Districts (A, A-1, CD, CO, CH, O, I-1) Class of Sign Type of Sign Maximum Sign Area Maximum Area Per Maximum No. Maximum Permitted Permitted Permitted Per Business Sign Face of Signs Height of -1 - Permitted Signs ,6 | All in Subsection All in Subsection ,;QQ_sf_fqr freestaudi?g _ _~~g~gnd-ed: -5sf_ ___Ilerstaoling: 2_ _24ft __ ___ _ -~ Deleted: 150 17.66.040(26), except 17.66.040(26) except per Lot subdivisions j&s subdivision i 15 sf for projecting Time-temp: 10 sf 10 sf for suspended (5 per face) 1.5 sfperlfof frontage | ~21 sf max.) for wall - 1Deleted: 150 signs Temporary Temporary Temporary 12 ft Construction: 36 sf Construction:,a.sf. _ _construgtÂ»IM -1-_______---- -{ Deleted: 18 per street Residential Multi-family (RM, R-2) Class of Sign Type of Sign Maximum Sign Area Maximum Area Per Maximum No. Maximum Permitted Permitted Permitted Per Lot Sign Face of Signs Height of Permitted Signs All in Subsection All in Subsection 75 sf for freestanding Suspended: 5 sf Freestanding: 1 25 ft Â· 17.66.040(26), except 17.66.040(26) except per Lot subdivisions h, j, m, s subdivisions g, i, & q 15 sf for projecting &t 10 sf for suspended (5 per face) 1.5 sfper tfof frontage for wall signs (max. 150 sO 1 For all Single-family Residential Zoning Districts Class of Sign Type of Sign Maximum Sign Area Maximum Area Per Maximum No. Maximum 1 Permitted Permitted Permitted Per Lot Sign Face of Signs Height of ~ Permitted Signs All in Subsection All in Subsection %-sf-- #dentificaliqn only_ _411-sign- 2 st ___ __ 1_pgri _____ Aft_ ___ _~---{ Deleted: 4 17.66.040(26), except 17.66.040(26) except (Sec. 17.66.050) residence v~ 7 subdivisions h, j, m, s subdivisions a, g, i & i 1 Deleted: 2 & t q Â· i Deleted: building ~' I10,13,23,30,351 (Ord. 11-76 Â§2 (part), 1976; Ord. 25-76 Â§3, 1976; Ord. 8-81 Â§1, 1981; Ord. 15-97, 1997; Ord. 17-02 Â§1(part), 2002) 17.66.110 Sign regulations in nonresidential zones. The following regulations shall apply to all uses in nonresidential zoning districts. (1) Total allowable sign area. Page 14 of 29 | Sign Code Amendments, Draft #2,04-01-2010 t-râ€¢- - - - - 1, 1 - a. The total area of all signs on any face of a building shall not exceed one and one-half ' (1.5) square feet per lineal foot of building frontage at ground level, and three-quarters (0.75) i square foot per lineal foot of second story building frontage. b. The maximum allowable total cumulative sign area for any one (1) business shall not ' exceed~typhutylmd_(@go) squafe_feel.[Ifij _ _ _ _- . - -[ Deleted: one hundred fifty (150) 1 (2) Signs or uses with multiple frontage. The total area of all signs on any face of a building ' shall not exceed one and one-half (1.5) square feet per lineal foot of building frontage at ground , level, and three-quarters (0.75) square foot per lineal foot of second story building frontage. , (3) Freestanding signs: a. Maximum height: twenty-five (25) feet. b. Minimum setback: eight (8) feet from any property line, four (4) fuet from any building. 1 c. Number: One (1) freestanding sign per street frontage or building frontage, not to 2 exceed two (2) per lot.Effi 1 - d. Maximum area: No freestanding sign shall be larger than one hundred fifty (150) square ~ feet. The combined total of all freestanding signs on an individual property or single lot shall not I exceed one hundred fifty (150) square feet. (4) Signs on canopies, awnings and architectural projections, a. Maximum area: The total area of such signs shall not exceed thirty percent (30%) of the ~ width of the projection multiplied by the vertical height of the projection. b. Projection: 1. 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 (12) inches. 2. Signs displayed on architectural projections which extend fifteen (15) 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: four (4) feet from street property line in the Commercial Downtown , (CD) Zoning District, or eight (8) feet from property lines in all other zoning districts, and no , , closer to a sideline of the building or storefront than to the centerline of the same building or , storefront. 4 b. Minimum clearance: Nine (9) feet from the ground to the bottom edge of the sign. Page 15 of 29 | Sign Code Amendments, Draft #2,04-01-2010 E- - -1- W ~ - --' - T. c. Maximum height: Eighteen (18) feet. d. Maximum size: Fifteen (15) square feet per sign face. w e. Maximum projection: Four (4) feet. f. Maximum number: ywo (2) per>_uildipg.frontageprp.el-busln-efs_stole-fr-ont:[4,8]_____-. -t Deleted: One + ; 1 1 Deleted: face (6) Suspended signs: a. Maximum area: Five (5) square feet per face, ten (10) square feet total surface area. 1 b. Minimum clearance: Nine (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: 1 a. Maximum area: The total area of all wall signs on any face of a building shall not , exceed one and one-half ( 1.5) square feet per lineal foot of building frontage at ground level, and three-quarters (0.75) square foot per lineal foot of second story building frontage. b. Maximum height: Twenty-five (25) feet above the ground. c. Maximum projection: 1. A wall sign may project above the roof'line or parapet wall of a building no more than twenty-four (24) inches. 2. Wall signs may extend a maximum of twelve (12) inches from the face of the building. 3. Any sign erected upon the side of a roof having an angle of forty-five degrees (45Â°) or less from vertical shall be considered a wall sign, and shall be subject to the size and height limitations noted under this Subsection. 1 \ d. Maximum num!)er: JÂ¥9 {23 -w_all5igniforeach face of a business, or building storefront - ---~ Deleted: one (1) ] (building frontage).141 (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. Page 16 of 29 r | Sign Code Amendments, Draft #2,04-01-2010 c. Size: In the CD-Downtown Commercial zoning district. where individual sign panels ' that are part of a joint identification sign are not larger than two square feet per face then that sign area shall be exempt from the total allowable calculation for that business. In all other commercial zoning districts, where individual sign panels that are part of a ioint identification sign are not larger than eight square feet per face then that sign area shall be exempt from the total allowable calculation for that business.Rff (9) Area of time-temperature-date signs. 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. 17.66.120 Structural requirements. (a) Construction. (1) General. Signs and sign structures shall be securely built, constructed and erected in conformance with the requirements of the Building Code. (2) Location. Supports for signs or sign structures shall not be placed in or upon public rights-of-way or public easements. (3) Anchorage. Anchors and supports shall be guarded and protected when near driveways, parking lots or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal , anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by an unbraced parapet wall. (b) Clearance. Signs shall not be located with less than six (6) feet horizontal clearance, or twelve (12) feet vertical clearance from overhead electric conductors which are energized in excess of seven hundred fifty (750) volts. (c) Freestanding signs. Where such signs are located in vehicular parking and circulation areas, a base or barrier of concrete, steel or other effective barrier, not less than thirty (30) inches high, shall be provided to protect the base of the sign from possible damage by vehicles. 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 protection to prevent hazard to pedestrians and motorists. (d) Electric signs. Electric signs shall be constructed and installed in accordance with the provisions of the National Electrical Code. (Ord. 11-76 Â§2 (part), 1976; Ord. 21-82 Â§1(N), 1982; Ord. 15-97,1997; Ord. 17-02 Â§1(part), 2002) 17.66.130 Nonconforming signs. (a) A nonconforming sign may be continued but it shall not be: (1) Changed to another nonconforming sign. Page 17 of 29 | Sign Code Amendments, Draft #2,04-01-2010 1 â‚¬ (2) Structurally altered. (3) Altered so as to increase the degree of nonconformity of the sign. ~ (4) Enlarged or expanded. # (5) Continued in use after cessation or change of the business or activity to which the sign pertains. (6) Repaired after the sign is damaged or destroyed if the estimated cost of repair or reconstruction exceeds fifty percent (50%) of the appraised replacement cost (as determined by the i building inspector). (7) Altered to change the text thereof, except such signs, which have been designed specifically to permit changes of the text. ~ EifilZÂ·66,1-4-0_ _ _ _Eemlitf. _ - - Deleted: (8) . Continued to be used after two (2) 1 ~ years from the sale of the real property upon which 1 the sign is located, but in no event, more than six (6) ~ (a) Sign permit required: , years, six (6) months from the date the sign become i nonconforming.7 (1) Except as provided in Section 17.66.050, it is unlawful to display, erect, relocate or alter 11 (9) Â· Continued to be used after two (2) years from ~ the sale of the business which the sign advertises, but 4 any sign without first filing with the building inspector an application in writing and obtaining a *, in no event more than six (6) years, six (6) months N sign permit. When a sign permit has been issued by the building inspector, it is unlawful to % from the date the sign became nonconforming. Sale 21 change, modify, alter or otherwise deviate from the terms or conditions of the permit without prior i of the business shall include, but not be limited to, ~ , the sale of substantially all of the assets of a approval of the building inspector. A written record of such approval shall be entered upon the I business.1 j original permit application and maintained in the files of the building inspector. t (b) - A nonconforming sign shall be brought into ~ I conformance or removed within thirty (30) days of ~ , the occurrence of any of the events set forth in , (2) Application for permit. The application for a sign permit shall be made by the owner or , Subsection (a) above. (Ord. 11-76 Â§2(part),1976; i tenant of the property on which the sign is to be located, or his or her authorized agent. Such , Ord. 19-80 Â§1, 1980; Ord. 9-81 Â§1,1981: Ord. 15- e ~ 97,1997:Ord. 17-02 Â§1(part), 2002) ~ 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 Deleted: 1 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. (3) 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 or she find that there has been any misrepresentation in connection with the application for the permit, he or she 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 4 of such work after such notice is received. The owner shall have the right to appeal the decision of , the building inspector in the manner provided for in Section 17.66.160. ' (4) Revocation of permits for nonuse. 1 a. 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, and/or if substantial building operations under any 4 permit issued under this Chapter are suspended for a period of sixty (60) consecutive days, the 1 permit shall automatically become null and void. 1 Page 18 of 29 | Sign Code Amendments, Draft #2, 04-01-2010 b. 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. (5) Forfeiture of fees. When any permit has been revoked under the terms of this Section, permit fees shall not be refunded. (6) Plans, specifications and other data required. The application for a sign permit shall be accompanied by the following plans and other information: a. The name, address and telephone number of the owner or person entitled to possession , of the sign and of the sign contractor or erector; b. The location, by street address or other location identification acceptable to the building i inspector, of the proposed sign structure; c. Complete information as required on an application form 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 I application; d. Plans indicating the scope and structural details of the work to be done, including details 1 of all connections, guy lines, supports and footings and materials to be used; e. Application for an electrical permit, and required information for such application, for i all electric signs. f. A statement of valuation. (7) Permit fees. A permit fee shall be paid to the building inspector for each sign permit issued under this ChapteÂ® A schedule of_ Cees_ shalj _bfadonted from time_to_time_ bx th_enl --- Deleted: ; provided, however, thatafee shall not Community Development Committee. ? be charged for putting a sign in conformance with this Chapter when such action is undertaken voluntarily prior to the expiration of the applicable (8) Inspections. All signs shall be subject to inspection by the building inspector. Footing amortization period, or for a copy change when no inspections may be required on the day of excavation for all freestanding signs. The building ~~ , change in business name is involved inspector may, within forty-eight (48) hours after being notified that the sign is ready for Deleted: The permit fee shall be seventy five dollars ($75.00). Said fee does not include electrical inspection, also require inspection of electrical signs before erection. The permit holder or his or , permit fees, which shall be in addition to the permit her agent shall notify the building inspector when signs are complete and ready for final fee specified in this Section. inspection. (Ord. 11-76 Â§2(part), 1976; Ord. 25-76 Â§5, 1976; Ord. 15-97, 1997; Ord. 17-02 . Â§ 1(part), 2002) Section # TBD Communitv Special Events Signs and Stanley Park Special Events Signs Non-profit associations or organizations may submit an application for temporary on-site and temporary off-premise signage for a community special event where the primary purpose of the event is to raise funds for local charitable purposes; or Page 19 of 29 | Sign Code Amendments, Draft #2,04-01-2010 Any organization holding a Town approved community special event at the Stanley Park < Fairgrounds may submit may submit an application for temporary on-site and temporary off- premise signage for that event (Section #TBD) Application for permit. The applicant shall submit a Master Special Event Sign Plan as part of the application for a special event permit. i (Section #TBD) Standards for Review. The Community Development and Special Events Departments shall review the application for , I compliance with the standards below prior to permit issuance. L Zoning Restrictions. Special event signs are allowed within all zoning districts. 1 2. Design. Fluorescent colors and reflective surfaces are prohibited on signs. Reflective colored , 1 materials that give the appearance of changing color are also prohibited. A matte or flat finish ! is required for all surfaces. i 3. Illumination. Illumination of temporary special event signs is prohibited. ' 2 1 1 4. Banners. Banners must comply with Chapter 17.89 Temporary Banners. 5. Temporary Off-Premise Signs. a. Any individual business may publicly display special event posters in the window of that business without a sign permit, provided individual posters do not exceed two (2) square feet in size. The sign shall be displayed no more than one (1) month prior to the special event and shall be removed no later than one (1) day after the event. | b. Staff may approve four (4) additional off-premise signs not to exceed thirty-six (36) square feet each upon finding that the signs contribute to the overall festival atmosphere or theme of the event and that anv commercial advertising message is secondary to such look and feel design elements for the event. The sign(s) shall be displayed no more than two (2) weeks prior to the special event and shall be removed no later than one ( 1) day after the event. 6. Temporary On-Premise Signs. a. Limit on Cumulative Sign Area. A maximum of one hundred and fifty ( 150) square feet of total cumulative sign area is allowed. Page 20 of 29 | Sign Code Amendments, Draft #2,04-01-2010 17.66.150 Special exceptions. Creative Sign Program. A. Purpose. The Creative Sien Program provides for property owners and businesses to propose and the Town to consider limited deviations from the regulations for on-site permanent signs provided in this Chapter under certain circumstances where the applicant voluntarily chooses to submit to this review as an alternative to the "use by right" sign provisions normally applicable under this chapter. The intent of this process is ( 1 )to encourage signs of high quality materials and workmanship, (2) to encourage signs of unique desien that exhibits a hi2h degree of imaginationt inventiveness: and (3) to provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the Town. while mitigating the impacts of large or unusually designed signs. B. Applicability. Any property owner or business owner in anv zoning district is eligible to apply for a Creative Sign permit. C. Method of Application. An application for a Sign Permit under the Creative Sign Program. shall be made on the form(s) prescribed by the Community Development Department. The application shall be accompanied bv anv required fees. The required contents of the application shall be as specified in Section (Creative Sign Program). D. Review Procedures. At each level of review or appeal. the decision shall be rendered. in writing. within the time limits set forth herein. The time period begins running when the application is deemed complete. or the notice of appeal has been filed. whichever applies. 1. Generally. a. Notwithstanding any of the time limits contained in this Section. the Community Development Department and the Creative Sign Design Review Board shall endeavor to render decisions in a timelY manner. b. Notwithstanding the time limits contained in this Section. the Community Development Department and the applicant may mutually agree to an extension of the time limits. Such extension shall be in writing and shall be for no more than 90 calendar days. 2. Completeness Review. a. Upon receipt of a Creative Sign Program application bv the Town Community Development Department. the Department shall perform a completeness review and issue a written status determination within ten ( 10) calendar days. h. In the event the Community Development Department determines that the application does i not include the necessary information needed to review the proposal for consistency with this Chapter. the Community Development Department shall deem the application incomplete. If the . application is incomplete. the applicant shall be notified in writing. The notification shall specify . what information is missing. 5 c. In the event the Community Development Department determines that the application does include the necessary information needed to review the proposal for consistency with this Chapter. Page 21 of 29 | Sign Code Amendments, Draft #2,04-01-2010 ! the Community Development Department shall set a hearing date no later than sixty (60) calendar ' davs from the date of receipt of a complete application for the Final Review of the application. 3. Final Hearing and Review. A Creative Sign permit application shall be subiect to review and approval by the Community Development Director where the cumulative area of the proposed sion(s) is fifty (50) square feet or less, or shall be subiect to review and approval by the Creative Sign , Design Review Board where the cumulative area of the proposed sign(s) is larger than fifty square feet. The burden is on the applicant to demonstrate substantial compliance with the applicable , Creative Sign Design Standards as set forth herein. The Community Development Director or the Creative Sign Design Review Board shall issue a written finding of approval or denial of the application within ten (10) calendar days of the Final Hearing and Review. 4. Appeals. Appeals by the applicant of the Final Decision of the Community Development Director or the Creative Sign Design Review Board shall be heard by the Town Board of Trustees. Appeals must be received in writing within ten (10) calendar days of the date of denial bv the Community Development Director or the Creative Sign Design Review Board. The hearing of the appeal shall be held within sixty (60) calendar days of receipt of a written application and related fee. Written appeals must specifically identify the design standards at issue as the reason for denial of the application. E. Creative Design Standards Design OualitÂ¥.The sign(s) shall: 1. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area; I 2. Be of unique design, and exhibit a high degree of imagination, inventiveness: and K 3. Provide strong graphic character through the imaginative use of graphics, color, texture, 1 quality materials, scale, proportion and form: ' 4. Signs should contribute to the image of the community bv conveving a distinctive character that conveys a strong sense of place. Contextual Criteria.The sign(s) shall contain at least one of the following elements: 1. Historic design style; 2. Positive and creative image reflecting current character of the business; 3. Inventive representation of the use. name, or products of the business. Architectural Criteria. The sign(s) shall: 4 6 1. Utilize or enhance the architectural elements of the building; and 1 2. Be placed in a logical location in relation to the overall composition of the building's , facade. 3. Be integrated within and not cover any key architectural features and details of the building : fai~ade. Page 22 of 29 | Sign Code Amendments, Draft #2,04-01-2010 4. Architectural Style. Each sign shall be designed to be compatible with and relate to the architectural style of the main building or buildings unon the site where such sign is located. 5. Relationship to Buildings. Signs located upon a lot with one main building or several buildings shall be designed to incorporate at least one of the predominant visual elements of such building or buildings, such as the type of construction materials. color. or other , design detail. 6. Color. The colorls) of a sign should be harmonious and complementary to the colors of the , building on or near which it is to be located. 7. Sign Materials. The goal of sign design is to maintain attractive and compatible styling so as not to conflict or distract from the architectural character of the area. The choice of materials and the workmanship in the use of the materials should convey both a sense of quality and creativity. 8. Multiple Signs. Where more than one sign is proposed, all signs shall have designs that ' incorporate the following design elements in a compatible and coordinated fashion. a. Letter style of copy: b. Shape of total sign and related components, c. Type of construction materials: d. lighting: e. Method used for supporting sign (e.g., wall or ground base). 9. Wall signs should be located on the upper portion of the first floor storefront and should be | centered within an area uninterrupted by doors. windows, or architectural details. 10. To convey a subtle appearance, the use of back-lit or reverse channel letters with halo ' illumination rather than internally-lit signs are encouraged. Neiehborhood Impacts. 1. The sign shall be located and designed not to create glare on neighboring uses. 2. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area: 3. Provide strong graphic character through the imaginative use of graphics, color. texture. quality materials. scale, and proportion. F. Creative Sign Design Review Board The Town Board of Trustees shall. as needed from time to time. appoint members to serve on the Creative Sign Design Review Board. The membership shall consist of the following: Two local business owners (one owner of a retail merchandise business, and one lodging owner). an architect, the Community Development Director. and the Town Administrator. Members shall serve unlimited terms subiect to replacement at the sole discretion of the Mayor of 1 Estes Park. Page 23 of 29 ' | Sign Code Amendments, Draft #2,04-01-2010 ,17:66.160 Appeals and variances. 1 _- - Deleted: (a) . Intent. It is the intent of this Chapter 1 to provide a means of review and approval of special m exceptions to the provisions of this Chapter, whereby ~ (a) Appeal to and request for variance from the Staff or the Estes Valley Board of specified deviations from the general sign Adjustment.(31 regulations may be allowed, provided that the ~ proposed size, location and design of such signs are compatible with their surroundings and consistent (1) Any aggrieved person who believes the alleged violation as contained in the order of the ~ with the general intent of this Chapter.(I building inspector is factually or legally contrary to the provisions of this Chapter may appeal the (b) . Scope - signs requiring special exceptions. The same to the Estes Valley Board of Adjustment, hereinafter referred to as the "Board," in a manner provisions of this Section shall apply to the following exceptions:9[ provided by such Board. In the alternative, an aggrieved person may request that the Board grant (1) -To the maximum allowable sign area for a variance from the requirements of this Chapter. The filing of such request shall be in the manner freestanding identification signs of a low profile, provided by the Board. planter-type design, when such signs are located in commercial and restricted industrial zoning disuicts and are designed to complement the architectural (2) Any aggrieved person may also appeal to the Board any decision or ruling of the building ~ and when such signs contain no copy other than the type of the building to which they are appurtenant; inspector involving the interpretation of any provision or term of this Chapter. name and/or street address of the use being identified and/or a logo-type symbol or trademarki (3) Any provision in this Section to the contrary notwithstanding, no person may appeal to or | (2). To the maximum sign area permitted on theater marquees identifying in cases where necessary copy request a variance from the Board of Adjustment when the building inspector has made a and standard changeable letter sizes clearly determination that the person is in violation of Section 17.66.100. necessitate such an exception: [11]1 (3) . To permit the erection of collective identification or directory signs showing the names (b) Procedure for filing appeal. and locations of various civic or religious organizations in the community when such signs are (1) Every appeal from an order of the building inspector shall be filed within ten (10) days not located on the premises of the uses being named, but are placed adjacent to major thoroughfares near from the date of such order. The Board shall have no jurisdiction to hear any appeal not brought entrances to the Town:'1 within ten (10) days from the date of such order. (4) . To permit the erection of kiosks or similar structures and the display thereon of signs, posters, notices, etc., when such structures are located within MinorModificationsrom-General_Sign-Standardi ___________________________ primarily pedestrian-oriented circulation areas. Such a. Staff Authority to Grant Minor Modifications. Staff may grant minor modifications up to -al structures shall be permitted only in commercial and restricted industrial zoning districts, or within maximum of ten percent (10%) from the following general sign standards, provided that the Staff ~ planned unit developments.1 finds that such modification advances the goals and purposes of this Code and either results in ',Â· (c) . Application. Application for approval of a sign : reduction of visual clutter or results in more effective way finding, or relieves practical difficulties on i permitted as a special exception shall be filed in 1 accordance with this Section. Each application shall the site: '~ be accompanied by an application fee of one , hundred fifty dollars ($150.00) to cover the costs of (1) setback requirements; 1 processing and publication. Said fee shall be in 1 addition to the sign permit fee required in Section 17.66.140.1 (2) specific sign size restrictions provided the cumulative site total remains in compliance; or (1). The Estes Valley Planning Commission shall , have jurisdiction to hear all applications for special i exceptions. No special exception shall be granted (3) Other dimensional and temporal standards contained herein. [3] ' unless the proposed sign and/or sign structure meets ~ each and every one of the following requirementsf i a.. The proposed sign will not be contrary to the (c) Variances. In every case in which a request for a variance from the requirements of this ' intent of this Chapter, as declared in Section Chapter has been filed, the Board shall not grant a variance unless it specifically finds each and every ; 17.66.0201 b. . The proposed sign will be in accordance with the one of the following conditions to exist: i intent of this Section, as stated hereinl I c. The proposed sign will comply with all (1) There are special circumstances or conditions, such as the existence of buildings, , applicable provisions of this Chapter, unless any i t such provisions are expressly permitted to be varied 1 topography, vegetation, sign structures or other matters on adjacent lots or within the adj acent , , by the special exception procedured 1 public right-of-way, which would substantially restrict the effectiveness of the sign in question; ( d. The proposed sign is reasonably necessary and 1 provided, however, that such special circumstances or conditions must be particular to the t. the degree of the exception is the minimum [---fir 4 particular business or enterprise to which the applicant desires to draw attention and do not apply Deleted: (2) The fee for filing an appeal, or a ~ request for a variance, or the two (2) in the I generally to all businesses or enterprises. alternative, shall be one hundred fifty dollars ~ ($150.00).9 Page 24 of 29 | Sign Code Amendments, Draft #2,04-01-2010 (2) The variance would be in general harmony with the purposes of this Chapter, and i specifically would not be injurious to the neighborhood in which the business or enterprise to ~ which the applicant desires to draw attention is located. (3) The variance is the minimum one necessary to permit the applicant to reasonably draw : attention to this business or enterprise. (d) 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 i grant, any variance from any Section of this Chapter which limits the maximum permitted sign area i on a single lot or building. : (e) 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 1 purposes of this Chapter. (Ord. 11-76 Â§2(part), 1976; Ord. 25-76 Â§8,1976; Ord. 21-82 Â§1(0), 1982; Ord. 14-87 Â§2,1987; Ord. 15-97,1997; Ord. 17-02 Â§1(part),2002) 1 17.66.170 Enforcement. The provisions of this Chapter shall be subject to enforcement and penalties as set forth inghgmer_i .-- Deleted: Chapter 12 of the Estes Valley 1 of the Estes Park Municipal Code. ~1 (Ord. 11-76 Â§2(part), 1976; Ord. 25-76 Â§7, 1976; Ord, 21-82 Development Code Â§1(D), 1982; Ord. 15-97,1997; Ord. 17-02 Â§1(part), 2002) , 4 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 - 8 which is contrary to the provisions of this Chapter, or to fail to perform any act which is required by 1 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. (Ord. 11-76 Â§2(part), 1976; Ord. 17-02 Â§1(part),2002) 17.66.190 Application of the 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 future, 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. (Ord. 11-76 Â§2(part), 1976; Ord. 17-02 Â§1(part), 2002) 1 j Page 25 of 29 1 Sign Code Amendments, Draft #2,04-01-2010 | Chapter 17.88 l Town Sponsored Events - 17.88.010 Definition of Town Sponsored Event Banners (TSE Banners). Town Sponsored Event Banners are signs consisting of canvas, nylon, vinyl fabric or other ~ material of similar physical characteristics that bears text and/or graphics intended to identify Town f Sponsored Events. ' 17.88.020 Location of TSE Banners. Banners may be placed at the following designated locations within the Town, pursuant to the I provisions of Section 117.66.050~of this Code: J - - - Comment [AC1]: To be changed to 17.66,060 by codifier. (1) On the east side of the Visitor Cabin in Bond Park, four (4) feet by eight (8) feet r maximum. (2) In the right-of-way area west of the Highway 34 and 36 intersection, thirty (30) feet by three (3) feet maximum. (3) On a freestanding display in front of the Convention and Visitor Center Building along Highway 34, four (4) feet by eight (8) feet maximum. (Ord. 6-97 Â§1,1997; Ord. 17-02 Â§1, 2002; Ord. 9-07 Â§1, 2007) 17.88.030 Specifications. Specifications relating to the size, length, construction, wording, lighting, installation, removal, Town indemnification and fastening shall be obtained from the Special Events Director. (Ord. 6-97 Â§1,1997) 17.88.040 Application. Application to use no more than two (2) of the locations at any time must be submitted to the Special Events Director at least thirty (30) days prior to the proposed event. (Ord. 6-97 Â§1,1997) 17.88.050 Type of event. Only events that are sponsored by the Town or approved by the Town shall be eligible to place banners at two (2) of the three (3) locations at any one (1) time. (Ord. 6-97 Â§1, 1997) 17.88.060 Number of locations. The/onvention- 8-nd V isitor Center Building location listed at Subsection 11 1:88-Â·91.fjpfÂ®eve -sh-all _---'Comment [AC21: To be changed to 17.88.0200) - be terminated when the site listed at Subsection ]D3#3~f-*5)C a,Giia-bie, tor a maximum of two (2) (.~ by codifier. designated banner locations. (Ord. 6-97,1997) 4, < Deleted: Chamber of Commerce / ' Comment'[AC31: To be changed to 17.88.020(2) by codifier. Page 26 of 29 | Sign Code Amendments, Draft #2, 04-01-2010 , Chapter 17.89 Temporary Banners 17.89.010 Definition. Temporary Banners are signs consisting of canvas, nylon, vinyl fabric or other material of similar physical characteristics that bears text and/or graphics intended to identify or direct attention to any i commercial message or product, service, place, activity, business; or any non-commercial message or ' graphic. This sign category and associated regulations found in this chapter (17.89) expressly , 1 excludes Town Sponsored Event Banners as provided for in Chapter 17.88. 17.89.020 Temporary banner permit required. Permits shall be issued through the Community Development Department within seven (7) ; calendar days upon receipt of a complete application, provided Staff finds the application to be in compliance with all applicable municipal regulations. 1 17.89.030 Number of Permits Granted. A single entity may apply for up to four temporary banner permits in a calendar year. No single entity may hold more than one active temporary banner permit at a time on the same site, except as provided for in Section #TBD (reference community special events/Stanley Park section). 17.89.040 Time Displayed. Except as provided for in Section #TBD (reference community special events/Stanley Park I section). A temporary banner permit allows the display of one (1) temporary banner for a maximum of fourteen (14) consecutive days. A maximum of two consecutive permits are allowed per year. A third and fourth permit may be issued after a lapse of at least 30 calendar days. 17.89.050 Location. Banners must be affixed flush to the wall of a principal building or on the supporting structure of an already permitted permanent free standing sign, at a maximum height of 20ft. above existing grade 4 as measured to the highest point of the temporary banner. 17.89.060 Number, Size and Shape. i In all zoning districts except CD-Commercial Downtown a Temporary Banner Permit allows the use of one (1) temporary banner per Iot. Temporary banners shall not exceed thirty-two (32) square feet in area on any single side or sixty-four (64) square feet in cumulative area, and shall not exceed six (6) feet in vertical dimension. In the CD-Commercial Downtown zoning district this code allows one (1) banner per lot with a maximum allowable size of eighteen (18) square feet. All banners shall be rectangular in shape and shall be securely fastened at all four corners at all times. Issuance of permits for temporary banners shall be exempt from the cumulative sign area calculations and limitations found in section 17.66.110. Page 27 of 29 | Sign Code Amendments, Draft #2,04-01-2010 17.89.070 Temporary Banner Removal. Banners shall be removed by the applicant within twenty-four hours of the expiration of the F - permit. 17.89.080 Code Violation. Any temporary banner installed without a permit or displayed after permit expiration is in ~ violation of the Municipal Code and is subject to a municipal citation plus court fees for each and ~ every day the violation exists. If a person, property owner, or business owner erects any banner without receiving a permit as herein provided, or if a permit holder fails to remove a banner within 24 ? hours of expiration of the permit, they shall be ineligible to receive a temporary banner permit for a period of twelve months from the date of violation. A valid copy of the permit shall be kept on site at all times the banner is displayed. 17.89.090 Temporary Banner Maintenance. All temporary banners shall be maintained in good condition, including all parts and supports. The Chief Building Official or designee may inspect and have authority to order the painting, repair, or removal of a banner that constitutes a hazard to public health, safety, or welfare by reason of inadequate maintenance, dilapidation or obsolescence. Page 28 of 29 | Sign Code Amendments, Draft #2, 04-01-2010 , Page 29 of 29 | Sign Code Amendments, Draft #2,04-01-2010 . Page 24: [1] Deleted Alison Chilcott 3/29/2010 1:36:00 PM (a) Intent. It is the intent of this Chapter to proVitle a iheins 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. (b) Scope - signs requiring special exceptions. The provisions of this Section shall apply to the following exceptions: (1) 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/ora logo-type symbol or trademark; (2) To the maximum sign area permitted on theater marquees identifying in cases where necessary copy and standard changeable letter sizes clearly necessitate such an exception; rifi (3) 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; (4) 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. (c) Application. Application for approval of a sign permitted as a special exception shall be filed in accordance with this Section. Each application shall be accompanied by an application fee of one hundred fifty dollars ($150.00) 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. (1) 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 and/or sign structure meets each and every one of the following requirements: a. The proposed sign will not be contrary to the intent of this Chapter, as declared in Section 17.66.020; b. The proposed sign will be in accordance with the intent of this Section, as stated herein; c. 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; d. The proposed sign is reasonably necessary and the degree of the exception is the minimum necessary to accomplish the purpose of the sign itself; and (2) 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: a. Granting the proposed application in whole or in part, with or without modifications or conditions; or b. Denying the application. (Ord. 11-76 Â§2(part), 1976; Ord. 14-87 Â§1, 1987; Ord. 15-97, 1997; Ord. 17-02 Â§1(part), 2002) TOWN OF ESTES PARIÂ© Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Robert Joseph, Director, Community Development Department Date: March 30, 2010 RE: Medical Marijuana Update Background: At its regular meeting on November 24, 2010, the Estes Park Town Board adopted an ordinance instating a seven-month moratorium on the establishment and operation of medical marijuana dispensaries (MMDs) within Town limits. Staff was directed to provide clarification as to how an ordinance of this nature would potentially affect the Land Use Code and the Municipal Code. Land Use Code: At a minimum the land use code should be modified to clarify that no growing or dispensing is allowed as a home occupation in residential zoning districts. If the moratorium expires without any further action, then dispensaries would be regulated under the land use code and treated as any other commercial retail activity. This approach would keep the use out of residential neighborhoods, but would otherwise allow the market to dictate number and location. Once legally established, any dispensary would enjoy all the property rights protections under the land use code including grandfathering against any future regulation. This approach can be modified to be more restrictive by setting use specific location standards that prevent the use from locating too close to schools, public parks, and other public places. This approach can also entail a required separation between dispensaries to prevent a concentration of this use in any one place. Another way to limit the location is to relegate the use to a limited zoning district such as industrial or heavy commercial. One advantage of regulating through the land use code is uniformity of regulation across the entire Estes Valley. Municipal Code: Regulation of the use under the municipal code avoids the grandfathering problem. The basic premise would be that the broader category of land use, (commercial retail), is not inherently problematic and is already adequately regulated under the land use code. If it is treated like liquor licensing for example, then each dispensary would be subject to further regulation under the municipal code (because it is selling a controlled substance). This could involve a Town business license that might be revoked for selling to people who do not meet the legal standards of possession for medical reasons or other infractions of the municipal code as might be adopted from time to time. ccommunity_Deve"opme"~ Budget: N/A Recommendation: The Community Development Department recommends extending the moratorium on medical marijuana dispensaries for an indefinite period so long as there is no resolution of the legal conflict between the State and Federal law. Memo Date: March 30, 2010 TO: Lowell Richardson and Bob Joseph CC: Jacquie Halburnt From: Gregory A. White RE: House Bill 10-1284 - Legislative Response to Medical Marijuana I have been requested to review the current moratorium on the establishment of medical marijuana dispensaries within the Estes Valley Planning Area including the Town of Estes Park and the possible legislative response to this issue. House Bill 10-1284 House Bill 10-1284 is the legislative response to the medical marijuana issue (the "Act"). The Act addresses a number of issues including the creation of a medical marijuana licensing authority in the Colorado Department of Revenue and the enactment of new rules for prescribing medical marijuana and issuing identification cards. The Act sets up a medical marijuana licensing process which includes a state agency which will enact licensing regulations for medical marijuana centers for the cultivation, distribution, and sale of medical marijuana. The regulatory provisions of the Act are similar to the liquor licensing authority with the State issuing a license following local approval of an application. The Act provides that the State develop regulations addressing numerous aspects of medical marijuana licensing including security issues, sales tax payments, income tax payments, signage, health and sanitary standards, and criminal history of applicants and employees. The Act provides that the applicant shall file an application for approval with the local licensing authority (the Town) including a fee determined by the local licensing authority. The local licensing authority must hold a public hearing after publication and posting of notice on the premises. The Act provides that at the public hearing each "party in interest" shall be allowed to present evidence and cross-examine witnesses. Party in interest includes the following: â€¢ the applicant â€¢ an adult resident of the neighborhood â€¢ owner or manager of a business located in the neighborhood â€¢ principal or representative of a school or daycare center located in the neighborhood and within 1,000 feet of the premises â€¢ one representative of an organized neighborhood group â€¢ a representative of local law enforcement The Act provides, as it does in liquor licensing, that before a decision approving or denying an application, the local licensing authority shall consider the reasonable requirements of the neighborhood for the type of license which the application is made, desires of the adult inhabitants of the neighborhood, the number, type and availability of medical marijuana centers located in or near the neighborhood, and other pertinent matters affecting the qualification of the applicant for the conduct and type of business proposed. Following local approval, the state licensing authority also holds a hearing including the determination of the character of the applicant and the adequacy of licenses already granted based upon medical needs and necessity of the potential customers for the business. The Act prohibits certain licensees including, but not limited to: â€¢ persons not of good moral character â€¢ person under 21 years of age â€¢ a licensed physician â€¢ a police officer â€¢ a person who is delinquent in filing any tax returns for a taxing agency including student loans and child support With regard to site location, the Act provides that the physical location shall meet all applicable local zoning laws. A medical marijuana center shall not be located within 1,000 feet of the perimeter of a public or private elementary or secondary school, pre-school, or daycare center. The local licensing authority may issue a variance to this standard. The Act addresses transfers of ownership and temporary permits. The Act addresses suspension and revocation of licenses. The Act does not prevent a political subdivision from limiting the number of medical marijuana centers that may be operated in the political subdivision by enacting reasonable zoning regulation and health and safety laws for the distribution of medical marijuana. 2 L The Act provides that a medical marijuana center shall be a Colorado non-profit corporation, operate only from the hours of 8:00 a.m. to 7:00 p.m., Monday through Sunday; and that the medical marijuana center may possess no more than six medical marijuana plants and two ounces of medical marijuana for each patient who is registered at the center or his primary caregiver. There is a limit on the number of patients the center may have based on volume. A medical marijuana center may grow, cultivate, or purchase its marijuana. Any purchase shall be from another licensed facility. The rest of the bill provides for regulation of physicians prescribing medical marijuana, primary caregivers and medical marijuana patients and provides for a medical marijuana registry. There are also restrictions on the use of medical marijuana including, but not limited to, use in places open to the general public, within 1,000 feet of public or private elementary or secondary schools, daycare centers, and my personal favorite, undertake any task while under the influence of medical marijuana when doing so will constitute professional malpractice. In the event that House Bill 10-1284 is passed in substantially the same form as stated in this Memo, it is my opinion that due to the strict regulatory provisions of the Act, a proliferation of medical marijuana centers within the Town or the Planning Area would not be a serious threat. The number of hoops an applicant must pass through to obtain a medical marijuana center license, the fact that the applicant must be a non-profit corporation, the necessity of public hearings, the fact that a local licensing authority may only approve a license based on the reasonable requirements of the neighborhood and the desires of adult inhabitants, along with other site and locational restrictions will severely restrict the pool of applicants interested in going through this regulatory process. The Colorado Legislature must adjourn on May 12, 2010. If this legislation is to pass, it will have to be approved by that time. The Town will know by May 13~h the extent of the legislation and then may develop an appropriate course of action with regard to this issue. If there is a need for additional amendments to the Estes Valley Development Code, it would be appropriate to extend the moratorium for a sufficient time to allow the process to be completed. Also, there will have to be some period of time for the Department of Revenue to set up the administration of medical marijuana including the adoption of appropriate rules and regulations as required by the Act. 3 0 % ER # $ EN 52 52 g $ 00 D E M N 2 2 5 2 2 >4 moA 0 ME 4 1% E *% 59 ~ _ * 34% W O m en . - ger gg e e &52 O,0 0 -O 725Â° -0 -d R 0 ~CL =28 g 20 M N. M- - EEÂ° R EÂ°E r-1 W -- 22 O M O 0 M 00 ER en S Ch b 002 0 10 8, 0 -90 ER 3 2 68 a0 4 0 A Z t- % 0=0 UN Nt 2009 2009 of Budget MONTH TO DATE YEAR TO DATE BUDGET vs. YTD tions and Maintenance 6,279 4,5 3 10,628 1,7 10,6: I99'gg I 65'66E 00 I 6Z0' I I99'gg 069'95 LI'63 Â£Â£8'62 asuodxEI Joireual{[!EW pUB UO!181 â‚¬6091) (E/9.5Â£Â£) (6L6'8) (262'91) (ElED (Ct'LÂ£) (595'8/) L58'8 solmipuodxo (6.823) 9 44,000 Total Revenues 38,690 (38.085) 49,378 39,369 ( 1 63,949 23,554 24,5 7 ( .042) 44,314 45,033 ) 81% 327,175 VAR ratios Charges for Services (inside) 1,2; (1,=) Â·24 4080 Jo IOUEnb is I m pmooo[ Ounoo qua luoulasinquiIaI VDI I so@J *se@I@LI galue[EnS '04 10;Suell jFULI@d Sple *nO j IOUIUB~I 'S@811!40 Sno@Ul![100Â§!1~I Z MMUNITY DEVELOPMENT (101-1600) CASH FLOW COMPARISON 37,930 Intergovernmental (County) s for Services (outside) Operation and Maintenance Expense 1!dED IJAO SOnIIJAO.IJO KO[IMOIJOp/SSOOX) vs. 2009 Revenues 1 Expenditures 72 41 I ' I 021% e ee 62#g# a f Â°Â° g * 2 2Z22 228 00 Â»84 $ 01 0 *E r . m -2 M 62 0 0 0 0 0 @208 Â§308 3 N 6 PE t- 0 0 00 RE 1,} 09 e2 28 2%0 Â» g -1 h =3 ON =3 = 0 & W m E -vot- &12 3.*R 9 4 . g R RN 5 5 M *90 m 8 3 mB - N g N E O. 2 -t: 1 0 = 0 C .9= = Â£05 8 81=00, E &912 i :diÂ·3 N - 0 2 U R Z u Ad -DATE MONTH TO DATE \ YEAR TO DATE YEAR TO DATE Licenses and Permits 529 33,985 27,123 (6.862) 99% 135,382 27,123 8L8'6* 1'76'95Â£ r L8'6* 8â‚¬6'89 -*LE'Â£ /8 E /6/'62 asuade JOUEU@JUIUM pue uouu.Ia (t'9Â£'ZE) (650'OZE) BZZ'Z (t79Â£'ZE) (/69'tâ‚¬) 098'Â£ (80[ T) (8961) sain)!puodxo g 'Z 99I' E E~'9V Â§LL'~ @OUUU@lurEIN pue suot VAR VAR ratios 486 34,346 27 4 (6-en 12 m (43) PROTECTIVE INSPECTIONS (101-2300) COMPARISON ,5 asuadxa @OUBUO]UIEPY 13AO SOnUQAO.I JO KOUODIJop/Ssooxa xul osn - anuokal ORJ 1OpU0A evenues '. 0 32 E 3 & C) 32Â£Â£> 9 C 2 ~2>8 32 32 y y \2 8 y E 5 LO p Sm99 -22-2 0 0, 32 32 32 J 3 9 OP g & % 32 4 32 3220.> 1 N -1 > E g 2 - J % Change Â° Change Change February $3,458,209 $1,471,444 $2,585,466 76% $3,026,716 17% $2,223,256 -27% %Et- 60*'EZE'8$ %Â£9- 9t9'893'Slit 56171 88Â£'EL*'98 $ %93- 088'980'Le$ 909 L99'802'2*$ a-1-W January $2,030,683 -5 $3,487,495 7296 $1,858,095 $936,504 -50% $861,772 -8% March $2,995,104 -13% $3,045,601 $1,440,763 -53% $1,633,694 13% $187,381 5689 1 Â£68'688'8$ %/9- t69'860' LS %91 99*'96Â£'8$ %0+- 96 L'990'8$ JeqUIGAON Monthly Building Permit Summary 2006 - 2010 -Total Valuation rclous otal Valuation r~vious Total Valuation ~ious 2% Valuation P evious April $7,080,592 108% $1,529,733 -78% $6,030,855 294% $626,124 -90 $1,457,427 -31% $3,196,672 119% $1,890,680 -41% $739,589 June $2,720,052 -57% $3,146,507 16% $1,335,442 -58% $1,215,173 -9% *981*89$ % LZ L 906'LES'LS %8L- 6*9'EZZ'ES %â‚¬99 882'8*9'EL$ LLS'809$ EZ' L68'17$ %9â‚¬ *LE'39947$ %98 L Â£98'09*'8$ ;sn6nv ESL'089' L$ LLB'890'8$ %*E 8*9'ELB' L$ %99- *1*'1494$ Jequle;des 828'99Â£$ GBZ 226'886'8$ %888 96 L'ZOE'2$ %88- 89*'809$ Jeqoloo 930'889$ %89- 0t6'9 L*$ %Ek- 998'962' UB %92- 998'898'8$ leql.UejeQ TOWN OF ESTES PARK Month 2008 0 L08 O.LA 1!uued Bu:PI!,18\0 L08 SlbIOdabl\S-LUOdabl 31Â¥a-Ol-ElÂ¥3*\Slblod3hl\83\Bu!Pl!nEllAep LUU,00\BJewes\\ %Change 0 RE m 08 2. O .Â§ o - 9- p M 01 4 0 0 0 0 0 O 8 0 . oo 500 m 0 h 000 NCON 0 05 - 8 O, 2 0 Â© re 2 LORN 0 =00 n E CD 11 Al 41 15 0 & 2 3 9 CD C e W RE *11Â§5 i & ig.-m.2 8 L= E FR = ap =E - %4ty& 2v M J * 6 -92 12 2 2 80 40= 0 0.10<Ir 82&2282 ir mizimmi 4 /1 (59 F:Q Jod - 31 2- @ M 0 g 0, 4- h r (D 2 9! -0 ~ . ili 2 LI_ v Ez dz azg -2 (5 a. 1- t.0 Â¤Zzzz<2' ME azzZzzz 2 63-" 84 24 01% , a ihu- 8 J 055*5*% *& ILI< -1<Z <3 Â¥9 gjo a V --Â· ~--- V w LL EBEEBE@23 25 p i I i .1 1 M 3 Z I OC\'.Meco (5> 0> IL > S , January February March April May June July August September October November December TOTALS LVALUANIANL $692,508.00 310,178.00 $144,132.00 $1,146,818.00 00-0$ 00'0517'ZLE'8$ 00.0$ 00.09 00"0$ 00.0$ 00 0$ 00.0$ 00 0$ 00'28Â£'LeLS 00992' 20'2$ OOZZL' L98$ .NOI.LVA1Â¥A 00~0$ s,!uued 09!Ul 'SlepOUIN 'SUO!'!Ppe = AUO<)Alv/PPV :aloN :Bu!PIS/MOpU!M :eoeldel!3/Poo H ueAO :eu!q'n-L pu!M 0 108 leellS Jee*\0 LOE SlbIOd38\S-LBOd38 31Â¥0-01-UVEA\Sll=IOd38\80\Bu!PI!.ng\Aep UJU,loo\Bjemes\\ L 25ed 2010 BUILDING PERMIT SUMMARY :sululed osity Bulaollo; 041 apnlou! osie suul.led (ZED) le!001@lull!00 :suluied os!,Al Bu!Mollo; 841 apnlou! osie suitu :(s)euueluv :eoeu.Ind/Jel! JewaH/302Uln :MOIJ)1028/qulnld/e~!7'7~~~11$~~ :euedoid/eu!-1 seE) a-LA D L :Sillu.led 0$!IN le!2@Ulll!00 10101 al.A 8 k :Suluied 09! ry le!;uaP!sabl lejol E lapol,Ual/i!edeti Jou! :Jelee'-1 JeWAA L :JeweH JeWM Je1000 dEAB/ON JOW|emelul pues/eSBeAD :6uiP!S/MOpUIM Jelleil uoilonnsuoo 00'092'EÂ»$ 00.8Lt'668' 1$ 00'*92'69LS NOI1Â¥n,VA 7,736 ingle Family Detached Is, Cabins 1VIOHEINWOO 19101 Slibyllad 19101 Square Footage ENTIAL PERMITS Banks, Prof SlllNhl3d -Aaa charge for FPDPs spluied Bu! BJE) niou Jou sao del/Alt/Conv L qlunld/euil OAS/JeWM . t. P 04 C. Lessee shall operate said Concession Stand at all events scheduled at the Stanley Park Grandstand Area, and when Lessor requests that the Concession Stand be operated for the other events at Stanley Park with 3 weeks notice. Lessor will provide the Lessee a schedule of events for the season at least three weeks prior to the start of the first event of the season. Changes that effect the operation of the Stand or require the services of the Lessee will be presented to the Lessee and jolntly the two parties will negotiate whether the Lessee can handle the situation or event. gessee agrees towork q(th the renter of the grounds and comply with their mandatory open hours of Oper@on=tassed will contact e21--Â§hownianager,-3-weeks.prior to show to 8ecide hours of operatiA and discussÂ·any other special need&. Lessee shall provide lessor hours and needs discussed with sho* nianager. For events that have other food concessions, hours of operation can be negotiated with fairgrounds manager. NUO C. Lessee shall operate said Concession Stand at all events scheduled at the Stanley Park Grandstand Area, and when Lessor requests that the Concession Stand be operated for the other events at Stanley Park with 3 weeks notice. Lessor will provide the Lessee a schedule of events for the season at least three weeks prior to the start of the first event of the season. Changes that effect the operation of the Concession Stand or require the services of the Lessee will be presented to the Lessee and jointly the two parties will negotiate whether the Lessee can handle the situation or event. 1Less~ will contact each show mandger or renter of the grounds a minimuinif-3 weeks prior to show .. tâ‚¬-determine hours of operation and discuss any other special need&. Lessee shall provide Lessor hours and needs discussed with show manager. For events that have other food concessions, hours of operation can be negotiated with the Fairgrounds Director.