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PACKET Town Board Study Session 2010-08-10
F LLE, ft .PA STUDY SESSION TOWN BOARD Tuesday, August 10, 2010 4:00 p.m. Room 130 170 MacGregor Ave. AGENDA 4:00 p.m. - Local Marketing District Intergovernmental Agreement & Operating Plan. 4:45 p.m. - Dinner Break. 5:00 p.m. - Sign Code. - Next Study Session Agenda. 7:00 p.m. - Board Meeting. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Jackie Williamson From: Admin iR3045 Sent: Wednesday, August 04, 2010 5:02 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 3098 ST. TIME 08/04 16:50 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1 Estes Park Local Marketing District / Town of Estes Park Joint Board Work Session / IGA Checkpoint August 10, 2010 Key Accomplishments: Began highly collaborative partnerships with industry experts: • Guest Research, Inc. - Year Round Visitor Survey and Analysis, January 2010 • Hill Aevium - Marketing Review and Media Allocation Planning, February 2010 • Gretchen Walker/Hannah Marketing - Group Sales Consulting, February 2010 • Turner PR - Public Relations, March 2010 • James Frank Photography- Still Photography, April 2010 • Nick Molle Productions - TV Ads, Videos, RMNP 'Rivers' Production, May 2010 • ReachLocal - Internet Marketing Pay-Per-Click, July 2010 Market Research / Year Round Visitor Survey: Guest Research intercept survey via iPod email collection and follow up survey via email. Began January 2010 and will be completed in - St December 2010, outpacing targets having received over 4,600 completed surveys to date. 1 and 2nd quarter report received. Information gathered will enable us to determine, by season, the visitor profile, the buying process, the visitor experience, visitor attitudes and awareness. Learning's from this data will be used to drive the LMD's marketing strategy including media allocation, branding, and positioning, Internet Marketing / Pay-Per-Click Advertising: ReachLocal manages over 250 million dollars in PPC campaigns, offers an exceptional technology solution with direct APIs built into each publisher allowing automated learning's for all keywords and therefore real time bid adjustments. Excellent performance measures, customer service, and competitive pricing. Public Relations: Outsourced public relations effort to Turner PR in February. Continue to be pleased with Turner's service and Estes Park exposure due to their efforts. Began social media marketing efforts by launching Facebook.com/EstesPark, with over 1100 'fan' followers. Marketing Consulting, Media Analysis and Recommendations: Contracted Hill Aevium to review 2010 marketing strategy and vendor partners and provide findings and recommendations. Also assisting with landing page development, marketing project management, 2011 market and media planning. Next Steps: • 2011 Planning • 2010 Summer Conversion Study • Drive Meetings and Conventions Group Business • Enhance email marketing • Begin Destination Branding Initiative Page 1 of 1 TOWN oF ESTES PARKL '5, ter, Memo 0 3 ?444**Aamin'strallon,trilm~M~ ilt h"t* j...4.>314tc.i·,*p·3137*M,Niefly'~~?335'3-39 4.*.9 4«944%%§490-: ..: >~F't'«~S~~*Sd»>JUM>/412;,AU:>s; TO: Honorable Mayor Bill Pinkham Board of Trustees From: Jacquie Halburnt, Town Administrator Date: August 5, 2010 RE: LMD Operating Agreement & IGA The Local Marketing District Board of Directors will be joining you for this work session. Background: LMD/Town/County IGA: The attached IGA states an operating plan will be submitted to both entities by September 30, 2010 of each year. LMD/Town IGA: The attached IGA states it is in force and effect until December 31, 2010 and the terms will be reviewed in August 2010. The purpose of this work session is to discuss how the agreements and plan worked during the first year and if any changes need to be made to either prior to submittal of the operating plan. Budget: The town budgeted approximately $350,000 in LMD personnel costs in 2010 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this /0*" day of Nov GuikER. , 2009, by and between the ESTES PARK LOCAL MARKETING DISTRICT, a Colorado local marketing district, hereinafter referred to as the "LMI)", and the TOWN OF ESTES PARK, COLORADO, a Colorado statutory town, hereinafter referred to as the 'eI'own". WITNESSETH: WHEREAS, the LMD is a local marketing district organized to provide the services set forth in Section 29-25-111 (1)(e)(I)(A), (13) and (C), C.R.S.; and WHEREAS, the LMD was created pursuant to the provisions of Section 29-25-101 et seq. C.R.S. and the Intergovernmental Agreement dated -August 26,2008 and all amendments thereto between the Town and the Board of County Commissioners, Larimer County; and WHEREAS, applicable provisions of the Colorado Constitution and the statutes of the State of Colorado, specifically Section 29-20-101 et seq. C.R.S., authorize the LMD and the Town to enter into mutually binding and enforceable agreements, including agreements addressing the subject matter of this Agreement; and WHEREAS, effective January 1, 2010, the LMD will need the pro fessional services and assistance of four employees of the Town (the "Employees") in order to provide the services set forth in the Operating Plan of the LMD approved by the Town on September 8,2009; and WHEREAS, in order for the efficient performance of the Operating Plan, the LMI) will supervise the Employees with the Town being responsible for the salaries and benefits of the Employees pursuant to the terms and conditions of this Agreement; and WHEREAS, the Town and the I.MD have determined that it is the best interest of both entities to accomplish the efficient provision of marketing and promotional services as set forth in the Operating Plan by the terms of this Intergovernmental Agreement. NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Preamble. The Parties acknowledge that the recitals set forth above are true and correct, and those recitals are hereby incorporated into this Agreement. 1 2. Effective Date. The Agreement shall be effective upon its execution by both parties. 3. Employees. The Town agrees that it shall provide the following services to the LMD: a. Office Space. The Town shall provide sufficient office space for the Employees at the Visitor's Center. The Parties agree to cooperate in the provision of necessary work space for the Employees which will be similar to the current work space of the Employees at the time of execution of this Agreement. The Town shall have the right, after consultation with the LMD, to rearrange work areas of the Employees to ensure the e fficiency o f both the LMD and Town operations. b. Job Description. Attached hereto as Exhibit A are job descriptions for the four individual Employees reflecting the supervision of the Employees by the LMD and their job duties. The LMI) may change individual job descriptions after consultation with the Town. c. Supervision of Employees. The Employees shall be supervised by the LMD. All Employee disciplinary actions including, but not limited to, suspension and/or termination, shall be pursuant to the terms and conditions of the Town's Personnel Policy Manual dated March 23,2004. For purposes of all matters involving the Employees and the Town's Personnel Policy Manual, the LMD, or its designated Supervisory Employee, shall be the supervisor of the Employees. Any allowable appeal of a disciplinary action regarding the Employee shall be to the LMD Board. The LMI) hereby agrees that all personnel actions involving any of the Employees shall remain confidential unless requested in writing to be public by the individual Employee. Any amendment to the Town's Personnel Policy Manual shall also apply to the Employees. d. Supervisory Employee. The LMD contemplates selecting one of the four individual Employees as the Working Director of the LMD. In said event, the Parties agree to amend the job description of said Employee to reflect the new duties and responsibilities of the Working Director. Upon the request of the LMD, the Working Director shall begin his/her duties for the LMI) and be supervised by the LMI) prior to January 1, 2010. e. Changes in Salary and/or Benefits. Any change, whether an increase or decrease in the Town's pay structure and/or benefits shall be applicable to the Employees. In the event the LMD wishes to provide additional compensation and/or benefits to any the individual Employee, said increase shall be the responsibility of the LMD; and the LMD shall provide sufficient funds to the Town to pay for such increase in compensation and/or increased benefits. Any increase in compensation and/or benefits to any individual Employee by the LMD shall be the sole responsibility of the LMD and shall not be a future obligation of the Town in the event that any individual Employee is no longer subject to the terms and conditions of this Agreement. 2 f. Termination or Resignation of Employee. In the event any of the four individual Employees is terminated or resigns, the Parties agree they shall cooperate in the hiring of an individual to fill the vacated job position. Said cooperation shall include the job notice, application, and interviews for the vacant position. Said newly hired individual shall become an employee of the Town and be one of the Employees under the terms and conditions of this Agreement. 4. Other Employees. The LMI) retains the right to hire any other persons to be employees of the LMD including, but not limited to, a supervisory position for the Employees. The terms and conditions of any such employment shall be in the sole discretion of the LMD and not subject to the terms and conditions of this Intergovernmental Agreement. 5. Other Services. The LMI) and the Town, by separate agreement, may agree that the Town shall provide other services to the LMI) such as accounting, investments, and/or administrative staffing. 6. Annual Audit. If the Town determines, pursuant to applicable GASB Standards, that the Town's audit requires the inclusion of the LMD as part of the audit, the LMD shall reimburse the Town the amount of the cost of the LMD's portion of the Town's audit expense. 7. Effective Date and Termination. a. This Intergovernmental Agreement shall take effect upon its execution by both parties, and shall remain in full force and effect until December 31, 2010, or unless terminated earlier by mutual agreement of the parties. The parties agree that they shall review the terms and conditions of this Agreement in August of 2010 in anticipation of the preparation of the 2011 Operating Plan by the LMI) and the negotiation of a new Intergovernmental Agreement. b. If, through any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, violates any provision of this Agreement, or violates any applicable law, the non-breaching party shall give the breaching party written notice of said breach. The breaching party shall have thirty (30) days to correct the breach. If the breaching party fails to correct the breach within said thirty (30) day period, the non-breaching party shall have the right to terminate this Agreement for cause. 8. Annual Appropriation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to the Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town's obligations under this -Agreement are subject to annual appropriation by the Town. Any failure of the Town annually to appropriate adequate monies to finance the Town's obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are depleted. Notice shall be given promptly to the IND of any failure to appropriate adequate monies. 3 9. Notices. All notices or other communication hereunder shall be deemed given when personally delivered or after the lapse of five (5) business days following mai]ing by certified mail, postage prepaid, address as follows: ESTES PARK LOCAL MARKETING DISTRICT Attn: Chairperson Post Office Box 4426 Estes Park, CO 80517 TOWN OF ESTES PARK Attn: Town Administrator Post Office Box 1200 Estes Park, CO 80517 10. Relationship of the Parties. The Parties enter into this Intergovernmental Agreement as separate and independent entities and shall maintain such status throughout the term of this Intergovernmental Agreement. 11. Governmental Immunity. Nothing contained herein shall be construed as a waiver or modification of the rights afforded to the LMD and/or the Town under the Colorado Governmental Immunity Act and subsequent amendments thereto. 12. Indemnification. To the extent permissible by law, the LMD shall indemnify, protect, defend and hold harmless, the Town of Estes Park and its employees, elected and appointed officials, from any and all claims, losses or damages incurred in connection with the services to be provided by the Town pursuant to this Intergovernmental Agreement. Such indemnification shall include reasonable attorney's fees and costs. 13. Governing Law in Effect. This Intergovernmental Agreement shall be governed by and construed under the laws of the State of Colorado. 14. Venue. Venue for all purposes shall be deemed proper in the District Court of Larimer County, Colorado. 15. Entire Agreement of the Parties. The recitals contained herein represent the entlre agreement of the Parties, and shall be binding upon the parties hereto and their successors. 16. Amendment. No amendment or other modification of this Intergovernmental Agreement shall be valid unless pursuant to a written instrument signed by both parties. 17. Assignment. The benefits and burdens under this Intergovernmental Agreement may not be assigned by either party without the written consent of the other. 4 IN WITNESS WHEREOF, the Parties hereto have caused this Intergovernmental Agreement to be executed the day and year first written above. ESTES PARK LOCAL MARKETING DISTRICT By: 1. Chairperson ATTEST: VA~ -$7# TOWN OF ESTES BARK ~~11*/106» 4/.f, o U 6 1 40'@ I '.4 4-7 00.0©00 do .6. 499.. -Mayor b° & n 20. ire ® 3.2 004 »i':4#M€ of: ·,kif-4 coo-4.~f . 'i/;i,jitilitiO' Ll. Og-£ .-4-r. n Clerk 5 Board of Trustees - September 22,2009- Page 4 At the June 5,2008 Community Development Committee meeting, Dan Valley, Chairman of the Local Roots Co-Op, presented a conceptual mural to be painted on the north side of West Park Center. The Committee requested a more complete rendering of the mural be presented to the full Board for approval as a non-sign mural before it could be painted. Dave Valley/ Town Citizen and Chairman of the Local Roots Co-Op stated the mural was never intended to be a sign. It was conceived out of a desire to clean up the backside of the building and to provide a historical mural for the community. Discussion followed amongst the Board on the definition of a sign and whether or not the sign attracts business from people enjoying Performance Park. Trustee Blackhurst raised concern with the content of the mural as it relates to businesses currently renting space in the building. He stated the mural depicts many artists and one of the current tenants is the Cultural Arts Council of Estes Park. He views the mural as a sign. Judy Aryes/ Town Citizen and Linda Farrell/ Town Citizen spoke in favor of the mural. The mural should not be considered a sign and could draw people to the Town as well as the west end of downtown. After further discussion, it was moved and seconded (Miller/Ericson) to approve the West Park Center historical mural as a non-sign as it 1) does not call specific attention to any business, 2) does not face a right-of-way, and 3) repairs a blighted area, and it passed with Trustee Blackhurst voting "No" 2 FALL RIVER TRAIL PHASE 4B CONSTRUCTION CONTRACT. Director Zum stated construction project bid packages for this phase of the trail, beginning at Castle Mountain Lodge and ending the west side of the Blackhawk Lodge, were mailed, advertised and posted on the Town's website. Eleven responses were received ranging from $277,827.90 to $413,448.23. This portion of the trail is located entirely within the CDOT right-of-way and a License Agreement with CDOT was approved in May. This project would be partially funded by the $140,000 acquired through the American Recover Reinvestment Act, and the remaining $150,000 has been budgeted from the Larimer County Open Space Fund. On September 15, 2009, CDOT awarded the contract to the low bidder, Cornerstone Concrete. It was moved and seconded (Levine/Blackhurst) to approve contracting with Cornerstone Concrete to build the Fall River Trail Phase 4B in the amount of $277,827.90 from account #220-4600-462-35-60 for $150,000 and the American Recovery and Reinvestment Act funding in the amount of $140,000, and it passed unanimously. jil - INTER*OVERNMENTAE-*GREEMENTNIGAFWITEFESTES-'PARK,el:OCAD -TMARKETING„~DISFITRIC:[WREGARDING'.jcil#-ENTREiN-AND-**VISI,TOR57 fBUREAU'EMPUOYEES?Tr Tmht*@ Blackhutsrrats&1 himself from the discussion and took a seat in the audience. Attorney White reviewed the IGA that outlines the terms and conditions for the supervision of the four Town CVB employees to be managed by the Local Marketing District (LMD), the hiring of a 'working director" by the LMD, and the payment by the Town of all compensation and benefits for the four employees. In the event the LMD wishes to provide additional compensation and/or benefits to any of the employees, the increase would be the responsibility of the LMD. The IGA provides sufficient space within the Visitors Center for the four employees; however, the LMD would be responsible for IT costs associated with all office equipment utilized by the LMD employees. The agreement would be for the 2010 calendar year. After further Board of Trustees - September 22,2009- Page 5 , discussion, it was moved and seconded (Ericson/Miller) adopt the Intergovernmental Agreement between the Estes Park Local Marketing District and the Town of Estes Park and it passed with Trustee Blackhurst recusing himself due to a conflict of interest. 4. LARIMER EMERGENCY TELEPHONE AUTHORITY CLETA) BOARD APPOINTMENT. , Deputy Town Administrator Richardison was appointed to one of two seats on the LETA Board reserved for representation by small communities in Larimer County that will expire on December 31, 2009. The receritly adopted LETA Intergovernmental Agreement affords the small communities'the opportunity to nominate a replacement. It was moved and seconded (Miller/Levine) to nominate Police Chief Wes Kufeld for appointment to the LETA Board for a two-year term expiring December 31, 2012, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 10:40 p.m. William'Pinkham, Mayor I . Jackie Williamson, Town Clerk Estes Park Local IVIa rketing District BUSINESS and OPERATING PLAN Date August 2009 Prepared by: EP LMD Board TABLE OF CONTENTS Page The LMD Model Overview The Mission and Vision Strategic Marketing Plan Goals Owectives and Performance Monitoring Executive Summary Recommended Marketing Budget Strategies and Tactics Marketing Budget The Timeline The Management Structure Key Players Organization Chart Director Job Description Staffing Costs Policies 2009 Annual Projection 2010 Annual Budget CVB Assessment (Provided by Hannah Marketing) upelating rian The LMD Model The Local Marketing District - Allowed by State Statute By State Statute the LMD may: Provide any of the following services within the district: (A) Organization, promotion, marketing, and management of public events; (B) Activities in support of business recruitment, management, and development; (C) (C) Coordinating tourism promotion activities. (11) No revenue collected from the marketing and promotion tax levied under section 29-25-112 may be used for any capital expenditures, with the exception of tourist information centers. (f) To have the management, control, and supervision of all the business and affairs of the district and of the operation of district services therein; (g) To appoint an advisory board of owners of property within the boundaries of the district and provide for the duties and functions thereof; (h) To hire employees or retain agents, engineers, consultants, attorneys, and accountants; (i) To adopt and amend bylaws not in conflict with the constitution and laws of the state or with the ordinances of the local government affected for carrying on the business, objectives, and affairs of the board and of the district; and 0) To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this artide. - Organized by Intergovernmental Agreement (Town of Estes Park and Larimer County) - Marketing District and Tax approved by District Vote - Nov. 4,2008 - The seven (7) Member Board is appointed. (5 by Town Board of Trustees and 2 by Larimer County, Board of County Commissioners) Overview During 2009 The LMD Board met 3 to 4 times per month to become educated on CVB matters and to complete all start up duties for the new Marketing District. In addition, the LMD Board worked to compile the following Operating Plan for 2010. This plan outlines all areas of operations for the upcoming year. It is with great respect that we submit this plan to the Town of Estes Park Trustees and The Larimer County Commissioners for approval. UperaIIng Flan Funding for the district is provided via the 2% lodging tax for all stays of less than 30 days. This tax is collected by lodging establishments, paid to the Colorado Department of Revenue on a quarterly basis and then distributed to the EP LMD. Estimates for this funding are still too early in the process to accurately forecast 2009 lodging tax revenues as only the 1 St Quarter' s distribution have been received to date. It should be noted, however, that it was significantly lower than estimates and projections. A majority of the 2010 Operating Plan is based on the CVB Assessment conducted by Hannah Marketing Associates including their recommendations in the Strategic Marketing Plan they submitted as part of our contract. This method (utilizing a consultant) was selected to augment the expertise of the LMD Board and existing CVB Staff with a qualified external expert, and bring outside "eyes and ears" to our process and decisions. The LMD has reached agreement with the Town of Estes Park Trustees to take over the management of four current CVB employees and the Town will continue to provide compensation and benefits. These employees are responsible for the Marketing, Advertising, Public Relations, Website, Visitors Guide, Stakeholder Sales and Services and Group Sales. Therefore, they include the areas currently referred to as Communications, Public Relations, Stakeholder Sales and Groups. Our plan is to staff 2010 with four full time employees (all currently eMployed at the CVB). The LMD plans to interview the interested and qualified existing employees to select a Director to manage the other 3 employees on a daily basis, and be responsible for the proper leadership, management and execution of the Plan as communicated by the EP LMD Board. This position is a «working Director' as other day to day duties will still be a required part of the job. This model is based on the percent of time the current Director spends on CVB duties, the recommendation of Hannah Marketing Associates following their assessment and the fact that we simply do not have funds to hire and pay a full time Director. The Director will report directly to the EP LMD Board. In planning for 2010, the good news is, as the assessment clearly states, the CVB is not broken and does not require radical changes, however, a few areas of opportunity do exist which we believe will bolster our current Marketing and Advertising to produce improved results. These include: • Increased Group Sales Focus and advertising. • A relationship with a Public Relations Firm to augment and increase current efforts. • A revised/enhanced or new relationship with an Internet Search Engine Optimization firm to improve Estes Park's website rankings. • And perhaps most important, a Year Around Research Project to provide customer research, check existing Branding and give feedback on any changes that we recommend to assist us in continuing to make decisions to change for the better or stay the course. Additionally, the LMD Board has organized a regular meeting of an Associations Forum to provide communication avenues, cooperation and more focused efforts uperating rian on important topics and events, as well as to perhaps be the feeding ground for new ideas and possible events to assist with our year around economic mission. A separate group has also been initiated to pull together District businesses interested in «Groups". The effort was created to gain valuable insight and garner ideas that will help guide us in improving our Groups initiatives. We have compiled a budget as part of the Operating Plan and by design the absolute most significant part of this budget is marketing and advertising expenditures. We are still exploring cost options for utilizing the Town's Finance department to handle our financial /accounting needs, as we want the Tax Dollars to be focused and spent on Marketing and Advertising and not services. Educated estimates on annual Lodging Tax Revenue have been between $800,000 and $1,100,000. Depending on sales tax numbers we may continue to adjust our budget. We plan to put some funds aside for emergency/contingencies and we have set a Year End Fund Balance Reserve for 2009 and for one year out when completing the Fiscal Year 2010. However, we do plan to utilize some of the 2009 collections to fund some initial start up, one time infrastructure costs, just making sure that the Year End Fund Balance Reserve is adequate to carry on the Marketing and Advertising expenditures with growth the Town has historically provided. This is a one time anomaly that we feel we should use to fund unusual expenses. It should be noted that if Lodging Tax Revenues fall lower than the $829,900 Town Budget of 2009, we plan to meet with the Town Trustees to discuss possible financial involvement based on expectations set during the election process. As was discussed in one of our joint Board Meetings, the LMD Board would like to propose to The Town Trustees a revenue sharing of the Stakeholder Sales Revenue. We agree the first priority is covering the overhead expenses at the Visitor Center. We also think it would be very convoluted to have part of the funding and budget decisions being made by the Town for a Department reporting to the LMD. Additionally, we believe these funds were rolled back into Marketing and Advertising historically by the CVB and would like to continue with that use, once the overhead is paid. The Board will plan our standing meeting for the LMD will be the second Tuesday of each Month at 3:00 pm Gown Hall). Additional meetings or work sessions may be needed and will be scheduled as required. In closing, it is our commitment to spend the lodging tax dollars on marketing and advertising, not on support, legal or other items. We want to do more, hopefully with more (tax dollars), but to follow our Mission of: Attract visitors to the District through effective and efficient marketing in order to drive year-round economic growth. Operating Plan The Mission: Attract visitors to the District through effective and efficient marketing in order to drive year-round economic growth. Core Values: • Accountable • Ethical • Proactive • Respectful • Responsive • Transparent Our Vision: To be a year-round tourism and group destination that supports our healthy mountain community with a balance of financial success, memorable experiences for visitors And quality of life for our residents and employees. Our Stakeholders: • Community Members • Customers/Visitors • CVB Staff • Local Businesses • Local governmental agencies uperating Plan Strategic Marketing Plan Marketing Strategies : We will focus our future Marketing strategy on the findings of the CVB Assessment and the Strategic Marketing Plan prepared by Hannah Marketing Associates. Basically, the CVB has done a good job and major changes are in marketing strategies are not recommended. However, there are a few additions and adjustments to current programs that should be implemented and tracked to monitor and manage the effectiveness of any changes. With each change it is important to track results so that we can continue to make appropriate additional changes or reversals. Branding: Based on the CVB assessment it appears the Estes Park Brand needs researched and reviewed for possible improvement. The goal is to research this during the year around research and then consider involving a Branding expert to make recommendations. Strategic Marketing Plan: LMD MI<tg Plan July 31. pdT Revised Marketing Budget 2010: Advertising Budget Hannah Revise Change Media - Traditional $545,244 Media -- Online $116,751 Production $97,000 Website Upgrades (interim, prior to new site development) $9,200 Search Marketing Firm $25,000 Total Advertising $793,195 Public Relations/Media Relations In-State (CVB staff expenses) $3,750 PR Firm for Out-of-State (fees + expenses) $44,000 Film Commission $1,200 Total Public Relations/Media Relations $48,950 Research Conversion Study $9,320 Visitors Study $23,000 120-Day Lodging Forecast $4,500 $3,600 $900 Total Research $36,820 Brochure Distribution Real Rocky $8,300 Visitors Guide (excluding postage) $20,000 Events brochure $4,000 Total Brochure Distribution $32,300 POF operating Plan Group SaleS (transferEducation & Memberships to sep.category) $38,955 Visitors Guide (off-set by advertising) $ -0- Stakeholder Sales & Services (off-set by Stakeholder rev.) $ -0- 0 Re-branding * $30,000 New Website (@50%) $22,500 Memberships and Education Memberships $6,630 Education/Conferences $7,650 Total Memberships and Education $14,280 Pre-paid Expense Election expenses $24,000 0 $24,000 Consultant $22,000 0 $22,000 120-Day Lodging Forecast $4,500 0 $4,500 Miscellaneous $500 0 $500 Total Pre-paid Expenses $51,000 0 $51,000 Unallocated Reserve $32,000 Total $1,100,000 $102,900 Timeline: The LMD plans to have the new Director selected and in place to start by Oct 1st 2009. Ordering of advertising and other required duties will commence immediately after that. The Management Structure Key Players -The Local Marketing District Board (7 Members) -The CVB Staff -RMNP Liaison -Town of Estes Park Visitor Services and Events Personnel Organization The LMD Board will focus direction directly to the Director of the LMD Staff. All LMD Board direction will be focused through the Director, other than ordinary involvement in committees, in order to keep reporting direct and focused without confusion. We believe this is very important to keep individual agendas from getting involved in the direct line of reporting and direction that could cause confusion. Any necessary communication and direction to be given to the Director during periods between Board meetings will be handled by the LMD Chairman with a follow- up summary to the entire Board. In the absence or incapacitation of the Chairman, this responsibility will be handled by the Vice Chairman. All payroll and benefits will be handled directly through the Town of Estes Park in concert with the LMD Board. uperating Plan Organization Chart: (TBD with input from the new Director) LMD Board Director CVB-Visitor Services Director Job Description Addendum Job Title: Director, Estes Valley Local Marketing District Job Category: Executive Level, FLSA Exempt Reports To: LMD Board of Directors Summary: Directs and leads the four departments of the LMD section of the Convention and Visitors Bureau toward its mission. Works directly with Board on policy making and strategy for organization. Acts as primary spokesperson for organization. Direct reports are the department heads for the Communications, Group Sales & Marketing, Visitors Guide, and Stakeholder Services teams. Duties & Oversees administrative, operating and marketing functions Responsibilities: of the LMD, including execution of the annual marketing and communications plan for the district. Advises the Chairman of the Board, the Board and such other committees as designated. Operating Plan Oversees the creation of financial reports and annual audit reports in accordance with procedures approved by the Board. Develops and supervises the implementation of an annual operating and marketing plan, in order to promote the destination to local, state, regional, national and international audiences. Directs the preparation of the annual. budget that supports these activities and presents it to the Board for approval. Attends all meetings of the Board and other designated committees in an advisory, non-voting capacity. Establishes and maintains ongoing effective communications with stakeholders, media, government leaders, business and cultural institution leaders, convention and event planners, and the local tourism industry. Represents the LMD at selected local, state, regional and national conventions that serve to foster the betterment of the LMD's mission. Develops and maintains effective organizational policies and ensures all LMD activities are implemented within these established policies, guidelines, laws and ethical standards. Selects, trains, supervises and evaluates assigned personnel; coordinates staff training; implementation of discipline and termination procedures for all staff members via the adopted Town of Estes Park Employee Manual. Establishes goals for individual departments and assists staff in order to meet those goals. Prepares and submits applications for external funding. Requirements: • Four-year degree from an academic institution; marketing, sales or business major preferred • Several years of related experience • Knowledge of marketing, business theories, practices, and procedures • Knowledge of budget development • Excellent verbal, written, and presentation skills • Strong interpersonal skills and an ability to provide leadership • Experience in supervision with proven ability to recruit, train, and develop staff • Ability and desire to work in a results-driven environment Operating Plan Staffing Costs Payroll and benefits for the 4 CVB Staff Members reporting to the LMD Board will continue to be paid by The Town of Estes Park. This agreement will be detailed in an IGA between the Town of Estes Park and the EP LMD. The LMD Board intends to operate the plan with the 4 full time employees from the CVB plus the hiring of external firms as necessary to enhance certain areas. Administrative support to the LMD Board will be determined with the input of the new Director. Policies The LMD will use the existing CVB Policies. Any changes that are required to the policies will be brought to the LMD Board for review and/or possible action. 2009 Annual Projection Estes Park Area Local Marketing District (Modified Accrual Method) Statement of Income and Expenses 15-Jul- 2-Sep-09 30-Jun-09 15-Jul-09 09 Projected YTD YTD % Of year Budget Actual Budget End 2009 Revenue Sales Tax $1,000,000.00 $68,540.59 $68,540.59 6.85% $1,100,000.00 nterest $1,495.00 $4.65 $4.65 0.31% $500.00 Dash on Hand as of January 1, 2009 $0.00 $0.00 $0.00 #DIV/0! Vliscellaneous Revenues $0.00 $0.00 $0.00 #DIV/0! rotal $1,001,495.00 $68,545.24 $68,545.24 6.84% $1,100,500.00 Operating Plan Expenditures Operating Supplies $2,000.00 $0.00 $37.74 1.89% $500.00 Administration $20,000.00 $0.00 $0.00 0.00% $5,0 Audit $2,500.00 $0.00 $0.00 0.00% egal or Consultant Fees $20,000.00 $0.00 $17,750.00 88.75% $22,000.00 120 Day Lodging Forecast $4,500.00 Board Fees $0.00 $0.00 $0.00 #DIV/0! $0.00 Election $24,000.00 $0.00 $18,971.73 79.05% $18,791.73 lisitors Study ** $5,750.00 Meetings & Travel $414.78 $800.00 Postage $28.42 $50.00 Vliscellaneous $2,000.00 $0.00 $443.20 22.16% $600.00 Dontingencies $50,000.00 $0.00 $0.00 0.00% $0.00 rotal $120,500.00 $0.00 $37,202.67 30.87% $57,991.73 Tabor 3% $3,615.00 $0.00 $3,615.00 100.00% $3,615.00 Ending Fund Balance $880,995.00 $68,545.24 $31,342.57 3.56% $1,042,508.27 ess Tabor Hold Back $877,380.00 $68,545.24 $27,727.57 3.16% $1,038,893.27 " 25% Annual Cost in 2009 Includes 4th quarter collections Collected within 60 days of end of year 2010 Annual Budget Estes Park Area Local Marketing District Budget 2010 20-Aug-09 (Modified Accrual Method) Budget $1,042,508.2 Fund Balance Carry Forward 7 Revenue $1,060,000.0 Sales Tax o Interest $1,600.00 Miscellaneous Revenues $0.00 $2,104,108.2 Total 7 Expenditures Advertising Budget $545,244.0 Media Traditional 0 $116,751.0 Media On Line 0 Production $97,000.00 Web Site Up Grade $9,200.00 Search Marketing Firm $25,000.00 Total Adverting $793,195.00 Uperazing Flan Public Relations/ Media Relations In State (CVB staff Expenses $3,750.00 PR Firm for Out of State (fees and Expenses) $44,000.00 Film Commission $1,200.00 Total PIV Media Relations $48,950.00 Research Conversion Study $9,320.00 Visitors Study ** $17,250.00 120 Day Lodging Study $3,600.00 Total Research $30,170.00 Brochure Distribution Real Rocky $8,300.00 Visitors Guide (excluding postage) $20,000.00 Events Brochure $4,000.00 Total Brochure Distribution $32,300.00 Group Sales $38,955.00 Visitors Guide $0.00 Stakeholder Sales and Services $0.00 Rebranding $30,000.00 New Web Site @ 100% * $45,000.00 Membership and Education Memberships $6,630.00 Education and Conferences $7,650.00 Total Memberships and Education $14,280.00 Miscellaneous $500.00 Operating Expenses Legal $5,000.00 Administration $20,000.00 Administration Assistant $8,000.00 IT Support $9,000.00 Bookeeping Support $5,000.00 Audit $5,000.00 Contingencies $10,000.00 $1,095,350.0 Total Expenses 0 Tabor Reserves 3% $32,860.50 Unallocated Reserves (10% Revenues) $106,000.00 $1,234,210.5 $1,234,210.5 Total O 0 Ending Fund Balance 12/31/2010 *** $869,897.77 Operating Plan * Expensed in 2010 may be 2011 Expenses ** 75% Annual Expense in 2010 *** The LMD Board anticipates prudent utilization of these funds over a multi year period to address specific needs as they may arise CVB Assessment Shortcut to EP Assessment Reportllay5.pdf.Ink tyifF Board of Trustees - September 8,2009 - Page 4 Rex Poggenpohl, County resident, congratulated Public Works staff on the public design process, describing it as well-managed, organized, and well presented. He said he sees a need to define the elements that are most appropriate to be included in the final plan, and that when prioritizing these elements the cost and maintenance of each must be considered before the designer proceeds with additional design work. 2. STANLEY FAIRGROUNDS PARKING REPORT. Dir. Zum summarized parking requirements for future developments at Stanley Park as follows: Performing Arts Center 600 Spaces Grandstands 897 Spaces Multi-Purpose Event Center and Indoor Arena 200 Spaces Dir. Zurn presented a plan for a proposed parking lot containing 408 spaces for possible use as a transit hub. Estimated cost of the lot is $1.2 million. The design is 90% complete and currently unfunded, but is included on a waiting list for stimulus funds in the 13th position; however, there is no timeline as to when and if State or Federal funds may become available. Dir. Zum said that if funds do become available the project can be ready for bid within 30 days. He reported that the 408-space lot and the proposed 600-space lot serving the Performing Arts Center may be sufficient for most activities and events. He stated that if formal parking facilities are to be available in 2010, the Town would need to look at funding the construction of the parking lot. Town Administrator Halburnt added that the Performing Arts Center parking lot costs have increased from the original estimate of $700,000 which is stated in the Memorandum of Understanding between the Town of Estes Park and the Supporters of the Performing Arts (SOPA) to $1.5 million. 3. TOWN ADMINISTRATOR REPORT. 1. The fire that started in Dunraven Glade near Glen Haven is 25% contained. Due to the arrival of cooler weather, crews have been called off for the night, but remain on standby. 2. A 911 remembrance ceremony will be held on Friday, September 11, 2009 at 5:30 p.m. Fire Chief Dorman and Police Chief Kufeld will both speak at the ceremony. 3. ACTION ITEMS. 1. y*L---= -12-212. -622 232- -- 0~83~~ ~IRA*lt t~ 1AA#KETINGjt29~ 'Re{{m~1? hs-:e,4,0.* Trustee Blackhurst recused himself froM the discussion related to the Local Marketing District (LMD) and took a seat in the audience. Ken Larson, LMD Chair, described the process leading up to the formation of the LMD which began with the passing of the ballot question at the November 2008 election; the appointment of seven LMD board members - two Larimer County appointees and five Town appointees; and the development of organizational structure, mission, vision, and core values for the organization. The LMD Board developed an Operating Plan which includes a strategic marketing plan, the budget for 2010, and projections for the remainder of 2009. The Operating Plan requires the approval of the Town Board as well as the Larimer County Commissioners The Trustees expressed appreciation to the LMD Board for their efforts, and the energy and enthusiasm being invested in the LMD. It was moved and seconded (Eisenlauer/Miller) to pass Resolution #17-09 approving the Local Marketing District Business and Operating Plan as presented, and it passed unanimously, with Trustee Blackhurst recusing himself. IRaggmIgmarzqi RESOLUTION # 17-09 WHEREAS, the Estes Park Local Marketing District has filed with the Town Clerk the Estes Park Local Marketing Business and Operating Plan for 2010 along with its proposed budget for the 2010 calendar year; and WHEREAS, pursuant to Section 29-25-110 C.R.S. and the applicable provision of the Intergovernmental Agreement dated August 26,2008, between the Town of Estes Park and the Board of County Commissioners, Larimer County, the Town Board shall approve or disapprove the Operating Plan within thirty (30) days after receipt of said Plan, the proposed budget and all additional documentation requested by the Town; and WHEREAS, the Board of Trustees requires no additional documentation from the Estes Park Local Marketing ' District for its review of the Operating Plan and proposed budget; and WHEREAS, the Town Board has reviewed the Operating Plan and proposed budget and has determined that the Operating Plan will provide efficient and cost effective marketing and promotion services for the Estes Park Local Marketing District Service Area. NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE WHICH ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. The Estes Park Local Marketing District Business and Operating Plan for 2010 as filed with the Town Clerk is hereby approved. Dated this PU 0 Septun 6* ,2009. e . OF ESTE@.4.- \' Ik /544 ,-fu/- Z U i /0, 6/11*10< 624*.97 .,0.,4 Cwtjfit.0 ATTEST: '1,0.0,0....0 £-t» d & i«-h Towk©Ferk 47LLLUU-/AVUL 01&1NAL Dlit,AVILUKAL MILALIH INILIWURK l'Al<11LtrAillUIN AUK]LILIVI]11Nt ISY A LARIMER COUNTY COMMUNITY CORRECTIONS, AND SIGNAL BEHAVIORAL HEALTH NETWORK, IN< 09222009A003 FINANCIAL ASSISTANCE PROGRAM COOPERATIVE MATCH PROJECT #530851-002 C 09222009A004 FINANCIAL ASSISTANCE PROGRAM COOPERATIVE MATCH PROJECT #530854-00, BURN 09222009A005 FINANCIAL ASSISTANCE PROGRAM COOPERATIVE MATCH PROJECT #530E MANAGEMENT 09222009A006 DEPARTMENT OF AGRICULTURE GRANT AGREEMENT BY AND BETWEEN THE COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF AGRICULTURE 09222009A007 AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS THR THE LARIMER CENTER FOR MENTAL HEALTH 09222009A008 AGREEMENT CONCERNING BUILDING & FENCES IN PLATTED RIGHT-OF-WAY ON THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF THE LARIMER COUNTY ANNE ROTH 09222009A009 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR THE BETWEEN THE BOARD OF COUNTY COMMISSIONERS, WAYNE ROTH, AND MIRIAM ANNE ROTH 09222009A010 RATE NOTIFICATION LETTER ROUTING #10-IKA-4006 CHANGING ORIGINAL CON'I BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF HUMAN SERVICES CONTRACT'S UNIT RATES FOR SERVICES 09222009R001 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR OWL PRARIE ESTATES RURA 09222009R002 RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION MISCELLANEOUS: Amendment #1 to the Larimer County Contributory Retirement Plan; Final Plat for Owl Prairic Federal Bridge Grant Application; and Letter of Support for the CWPP Implementation Grant Application. LIQUOR LICENSES: The following licenses were issued and approved: Wolverine Farm Publishing - Special Event 6% MOTION Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as published. Motion carried 3-0. *= 1- 0-5, . libIES _1989£ E-2-4441*RK*3¥190·1U9311€3-:2010 %UgHBMEU*3L1¥4*4* Ktil-,1#*r&011 and Loe La f*que.1~1 approi-,ihif tilc di-tipirfs, 301-0 ODellitinl#lt!#tw *tter a bikefor eitleip' oftlie plail, the Board<*ed til#lis'hpi'yart t, 11 tha distritj'Th' tope 4-,f'*16*#dO??14f*fvt*F..4 *6+¥&*97 feommi#sion-¢t-1®ji@91 41*oved thdr 0~9 1%.daM>80**tifitiffi0*minvt*16)idjt*6*ft,90{10 *slbs Park 44*al Mark€ting District 2,e ta . I . **#hoh carA6434*993 6. FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN PROCLAMATION: Chair Ren http://www.co.larimer.co.us/bcc/beemin/]3(090921.htm 9/30/2009 Efer® · MarketEstes.org | LMD, Estes Park Local Marketing District 2010 Strategic Marketing Plan Prepared by: '6•nah MARKETING GROUP, |NC. '1 2010 Strategic Marketing Plan Estes Park Local Marketina District Estes Park Local Marketing District 2010 Strategic Marketing Plan Table of Contents 1. Goals, Objectives and Performance Monitoring A. Goals B. Objectives C. Performance Monitoring D. Integration of Goals, Owectives and Performance Measures 11. Executive Summary Ill. 2010 Budget IV. Strategies and Tactics A. Target Audience B. Advertising C. Internet Marketing D. Public/Media Relations and Social Media E. Group Sales and Marketing F. Research G. Branding and Positioning H. Estes Park Website 1. Visitors Guide J. Stakeholder Services 2 2010 Strategic Marketing Plan Estes Park Local Marketing District 1. Goals, Objectives and Performance Monitoring A. Goals Goals are broad, general statements of what is to be accomplished. They are difficult to measure or validate, and typically are of indefinite duration. Nevertheless, they are important to define, track and consistently pursue. The primary goals for the Local Marketing District's marketing team in 2010 are as follows: Goals Increase Leisure and Group visitors to Estes Park Strengthen Estes Park as a year-round leisure and Group destination Position Estes Park as a premier mountain resort community Increase group business, primarily from the drive market Expand the understanding of visitors to Estes Park and their buying behavior Clarify and enhance the brand identity Continue to strengthen the relationship with, and support from, Stakeholders B. Objectives Objectives are often thought of as sub-goals, and are narrower, more concrete and measurable than goals. As such, objectives are quantitative statements of what is to be achieved and, if the owectives are achieved, progress toward meeting the longer-term goals is made. The key owectives for the Local Marketing District's marketing team are defined below, but without the quantitative components that will be defined in late 2009 or early 2010. In contrast to the Performance Indicators presented below, achieving these objectives is largely controllable by the marketing team, which will be held accountable for meeting these objectives. These owectives should be negotiated with the LMD Board. 2010 Objectives Increase Visitors Guide requests (both electronic and paper) by (TBD)% to (TBD)# Achieve a conversion percentage of Visitor Guide Inquirers into visitors of (TBD)% Generate an Advertising Equivalency Value from publicity of $TBD Increase the number of Group Leads by (TBD)% to (TBD)# Increase Stakeholder revenues by (TBD)% to (TBD)# C. Performance Monitoring Consistent with the LMD's core values of accountability and transparency, the performance of the District and the marketing team will be tracked and reported. In addition to the Objectives, this includes the Performance' Indicators, Activity Measures, Performance Measures and Performance Metrics. These are defined and detailed on the following pages. 3 2010 Strategic Marketing Plan Estes Park Local Marketing District C. Performance Monitoring (cont.) 1. Performance Indicators: Performance indicators are numbers that illustrate the performance of the travel and tourism industry in Estes Park. Several of these are included in the Objectives defined above in I.B. Hotel occupancies (Rocky Mountain Lodging Reports) · Hotel ADR's (Rocky Mountain Lodging Reports) · District Lodging tax collections · Town of Estes Park Lodging tax collections Town of Estes Park Restaurant tax collections (town) · Special Event attendance (estimated) · Number of visitors to Visitors Center • RMNP visitations (East side and total) · Number of weddings (Wedding Association) · 120-Day Lodging Forecast 2. Activity Measures: Activity Measures are measurements of the physical actions taken that support the LMD's mission of attracting visitors to Estes Park. · Number of web pages of content developed · Number of photographs posted on website · Number of travel writers hosted in Group or Individual tours · Number of communications sent to Stakeholders • Number of media familiarization tours · Number of police & business in partnership communications sent to Stakeholders · Number of Group Sales prospecting calls · Number of Group familiarization tours · Number of Trade Shows attended · Number of new Stakeholder services introduced 3. : Performance Measures: Performance Measures are measurements that help define and quantify the results of the LMD's activity. • Call Center call volume · Number of Visitors Guide requests · Number of requests for lodging information · Number of specific webpage view counts · Number of unique users of website · Number of website click-throughs to member/sponsor sites from website ads and links · Average length of website user session · Website "bounce" rate · Percent of website traffic attributable to search engine referrals · Number of additions to email list • PR Advertising Equivalency · PR impressions (circulation) · E-newsletter unique open rate · E-newsletter unique click-through rate · Number of media inquiries handled 4 2010 Strategic Marketing Plan Estes Park Local Marketing District 3. Performance Measures (cont.): · Number of Group leads from trade shows · Total number of hotel leads for Groups $ value of hotel leads for Groups · Number of non-hotel leads for Groups $ value of non-hotel leads for Groups · Stakeholder sales of brochure rack services · Stakeholder sales of website listings · Stakeholder sales of Book Now website listings · Stakeholder sales of Group listings sold · Stakeholder sales of Group leads Stakeholder sales of Visitors Guide leads · CVB membership sales to out-of-town members · Number of Stakeholders advertising in Visitors Guide Number of Stakeholders advertising on standard CVB service (website, brochure, leads, etc.) · Number of Stakeholders purchasing one or more services · Number of Stakeholders supported · Number of Stakeholder website listings supported 4. Productivity Metrics. Productivity metrics are measurements .that illustrate the relationship between the LMD's performance and its resources. These metrics are typically expressed as a ratio. · Conversion percentage of non-committed inquirers · Cost per lead from trade shows · Number of leads per trade show · Number of Group leads per day of sales calls · Advertising equivalency per PR $ spent · Stakeholder revenues per stakeholder · Percentage of Stakeholders buying one or more services · Year-over-year Stakeholder Standard CVB Services revenue change · Year-over-year Stakeholder Visitors Guide revenue change Note: Source: Definitions from the Destination Marketing Association International's Standard CVB Performance Repotting, A Handbook for CVBs, updated August 2005. D. Integration of Goals, Objectives and Performance Measures The Goals, Objectives, Performance Measures and Activity Measures can be organized by marketing function or by goal to illustrate the tiering of these measures. The Performance Monitoring Model on the next page suggests how this should be done. The Productivity Metrics can be added if desired, while the Performance Indicators should not be integrated into the model, because they are not controlled by the marketing staff. 5 2010 Strategic Marketing Plan Estes Park Local Marketing District Performance Monitoring Model 0-?11 46081 ' 114 ~ robjeeti¢¢, - Al 1 -- T' - ..er -5-Ls€--13-~ .-JI =1.... C 4/ -- 22~ .Ii' - '~/ ./~ 0?erforinamifl 1-211 1 : .1 P,7,31 1 it/~/~ ,Measurs:- - -9.mr' 2 , .prm#*ird. PA; I MWd@'Ore, i _J r· .//4 3*2225··.:- - in 6 2010 Strategic Marketing Plan Estes Park Local Marketing District 11. Executive Summary 2010 will be a transition year in the marketing of Estes Park. Not only will the direction and oversight be transferred to the LMD, but the groundwork will be laid for protecting and enhancing Estes Park's position as a leader in Colorado tourism for years to come. Consistent With the conclusions and recommendations contained in the Brand and Marketing Assessment conducted last fall, the changes in the 2010 budget allocations will be gradual and based on marketing research. Increased emphasis in 2010 will be given to: (1) attracting significantly greater (non-Conference Center) Group business to the District; (2) allocating funds geographically to more accurately reflect the tourism revenues; and (3) enhanced internet marketing. Tourism revenues will be considered more important than tourist visits. A more comprehensive, yearlong Visitors Study will be completed during the fall of 2010, and information from this study will be used to both strengthen Estes Park's branding and determine budget allocations in 2011. The enhanced branding will be applied in 2011 to a new website, the 2012 Visitors Guide and t6 all other marketing communication. This, in turn, should increase the effectiveness of the LMD's marketing. Strategy Strategy Description Grow CVB (non-Conference Center) lodging Group business by doubling the 1 Director of Group Sales' selling ·time and offloading her Conference Center sales and servicing duties. Retain an outside PR firm to publicize Estes Park in the regional and national 2 markets in both traditional and new media. Conduct a year-round Visitors Study and a competitive analysis to support the ' 3 rebranding and repositioning of Estes Park. Continue to focus geographically on the Midwest drive market, Colorado and 4 Texas. Reallocate media from the Front Range and Day Visitors to regional markets 5 and Overnight Visitors. Retain a branding/creative firm to rebrand Estes Park, and apply the branding to 6 a new website, a new Visitors Guide design and to all advertising. Retain a Search Marketing firm to enhance Search Engine Optimization, Paid Search Marketing (Pay-per-click), Onlind Media Management (display ads), 7 Social Media Marketing, Online Reputation Management and email marketing programs, and assist in the design of the new website. Design a new, more interactive website that reflects the branding development. 8 Search engine optimize the website for "Colorado" and reallocate a portion of 9 the pay-per-click spending from key phrases with "Estes Park" to key phrases with "Colorado". 10 Selectively increase banner advertising, initially in Colorado.com. Aggressively expand the email database and increase over time the amount of 11 email marketing, replacing a portion of the Front Range print media used to attract event-goers. 12 Continue to grow Stakeholder sales through the introduction of new services. 7 2010 Strategic Marketing Plan Estes Park Local Marketing District . Ill. 2010 Budget Advertising Budget Media - Traditional $545,244 Media -- Online $116,751 Production $97,000 Website Upgrades (interim, prior to new site development) $9,200 Search Marketing Firm $25,000 Total Advertising $793,195 Public Relations/Media Relations In-State (CVB staff expenses) $3,750 PR Firm for Out-of-State (fees + expenses) $44,000 Film Commission $1,200 Total Public Relations/Media Relations $48,950 Research Conversion Study $9,320 Visitors Study $23,000 120-Day Lodging Forecast $4,500 Total Research $36,820 Brochure Distribution Real Rocky $8,300 Visitors Guide (excluding postage) $20,000 Events brochure $4,000 Total Brochure Distribution $32,300 Group Sales (transferred Education & Memberships to separate category) $38,955 Visitors Guide (off-set by advertising) $-0- Stakeholder Sales & Services (off-set by Stakeholder revenues) $-0- Re-branding * $30,000 New Website (@50%) $22,500 Memberships and Education Memberships $6,630 Education/Conferences $7,650 Total Memberships and Education $14,280 Pre-paid Expense Election expenses $24,000 Consultant $22,000 120-Day Lodging Forecast $4,500 Miscellaneous $500 Total Pre-paid Expenses $51,000 Unallocated Reserve $32,000 Total $1,100,000 Note: * Application of branding development to Visitors Guide, new website and new advertising assumed to begin in Jan. 2011. 8 2010 Strategic Marketing Plan Estes Park Local Marketing District IV. Strategies and Tactics A. Target Audience Effective destination marketing requires finding a fit between what the destination has to offer and those who value it; the latter is typically referred to as "Target Audience". The CVB has in recent years defined its target audience primarily on the basis of demographic factors, collected in summer Visitor Studies. Based on the 2006 Summer Visitor Study, Estes Park's primary and secondary target audiences are as follows: 1. Primary Market: 45-54; married with no children at home or left children at home; $50,000-$100,000 income; college graduate; and Colorado, Texas and Midwest (Illinois, Missouri, Nebraska and Kansas). 2. Secondary Market: 35-44 or 54-64; travel with children; $75,000+ income; college graduate; and Iowa, California, Minnesota, Florida, Wisconsin and Arizona. 3. A third target audience - the Colorado Market - has been defined using Scarborough 2005 data as follows: 25-44; married, no children; $77,800 income; and college graduate. Less focus has been given to Day and Destination or Overnight visitors and to Event- goers. For Estes Park, these are critical segments that need to be more fully recognized, quantified and marketed to separately. This information will be collected in the Visitors Study discussed below in Section V. F. and will then drive the allocation of media allocations and creative strategies. Since this research data, however, will not be available until the third quarter of 2010 and media allocation decisions have to be made for 2010, the available information from previous Visitor Studies will be. utilized. The 2006 Visitors Study reports a per capita daily expenditure for Day visitors of $33.83, compared to $113.52 for Overnight visitors; for every $1.00 the Day visitor spends, the Overnight visitor spends $3.35. In addition, the Overnight visitor stays on average 3.9 nights in Estes Park (2006 Conversion Study). Factoring this in, the Day visitors spends $33.83, compared to $442.73 for the Overnight visitor. Colorado visitors contribute only an estimated 18% of total revenues for Estes Park, despite the fact that more than 50% of the CVB's media is allocated to Colorado: Accordingly, the mix of spending will be adjusted for 2010 so that approximately 60% of the budget is allocated to attracting Overnight visitors. Nearly one-half of this increase will result from the addition of a national Public Relations effort designed to attract Overnight visitors. Once the new Visitors Study is completed, it is anticipated that the percentage allocated to attracting Overnight visitors will again be increased. B. Advertising The primary media employed to attract Overnight visitors in 2010 will again be magazine advertising, the website and search marketing, plus a new national Public Relations effort. The 40% spent against Colorado residents will be divided equally between in- state event marketing and in-state, non-event marketing. 9 2010 Strategic Marketing Plan Estes Park Local Marketing District B. Advertising (cont.) The magazines utilized will mirror those used in 2009 and include Better Homes & Gardens, History Channel magazine, Gourmet, Home & Away AAA, AAA Journeys, AAA Living, Midwest Living, Midwest Traveler AAA, Oprah magazine, Reader's Digest, Southern Living, Sunset, National Geographic Traveler and USA Weekend. The creative will be similar to that used in 2009, and is expected to be modified in early 2011 following the completion of the branding work. C. Internet Marketing Internet marketing of Estes Park consists of Search Engine Optimization, Search Engine Marketing, Email Marketing and the Website. The first three are discussed here, while the Website is discussed in the following section. Based on a recently released National Travel MONITOR study conducted by Ypartnership and Yankelovich, Inc., when prospective visitors go online to select a destination, searches of Google, Yahoo, MSN and the other search engines are the most relied upon source: Visit First When Selecting A Destination Online Source Percent Search engine 34% Website of national tourist office/CVB 23% Online travel agency (e.g., Expedia) 22% Website of hotel chain 8% Website of individual hotel or resort 7% Web Blog 1% To strengthen the business generated through the internet, the following initiatives will be taken: 1. The Search Engine Optimization of the website will be strengthened so that the site's rankings are enhanced for searches including "Estes Park", "Colorado" and "Rocky Mountain National Park". Doing the latter two will strengthen the site relative to competing Colorado destinations and also help capture business from international markets. 2. A portion of the pay-per-click dollars will be shifted from "Estes Park" key phrases to those including "Colorado". This also will enable Estes Park to compete better against other Colorado destinations for travelers who have not selected their destination. 3. Increasing the size of the email database will be a priority to support expanded email marketing. Names and email addresses collected in the Visitors Center should be added, and the collection process there (both in the call center and at the counters) should be modified in order to collect more names. Towa rd this end, suggestions will 10 2010 Strategic Marketing Plan Estes Park Local Marketing District C. Internet Marketing (cont.) be solicited from its website/SEO vendors, an annual objective will be established and the results will be tracked and reported. 4. Because of the growing importance of internet marketing, including Search Engine Optimization, Paid Search and Online Media Management, and the continued transition from traditional to online media, an outside internet marketing company will be retained (or the duties of its current SEO vendor expanded). Internet marketing is ' too complex, too important and too fast changing to expect the marketing staff to obtain and retain the necessary proficiency. Ideally, this resource will provide input to the design of the new website. A list of companies that will receive the RFP will be developed. Companies that have been identified thus far include Engineworks, RighNow Communications (the current vendor) and Website .Internet Marketing (the company that conducted the assessment of the current website). 5. Display advertising - beginning with Colorado.com - will be increased to attract more Overnight visitors, and be offset by spending reductions in Denver media's online sites that are utilized to support special events. D. Public/Media Relations and Social Media The Public Relations/Media Relations efforts will be significantly expanded in 2010 to: (1) publicize Estes Park outside of the Front Range in regional and national markets; and (2) promote it as an overnight destination. An outside PR firm will be hired to focus on these new priorities, while the Front Range publicity will continue to be handled by the LMD's communications staff. Currently, most of the publicity efforts support special events along the Front Range that attract primarily Day visitors. While Day visitors are important to Estes Park, Overnight visitors spend an estimated 13 times as much as the Day visitor, in addition to contributing to the LMD's lodging tax revenue, which the Day visitors do not. The outside PR firm will be selected following issuance of a Request for Proposal, interviews and check of references. The firm selected will have extensive tourism/hospitality experience; a demonstrated ability to generate significant, favorable editorial support; an ROI orientation; and, ideally, considerable experience in Colorado tourism. Among the firms identified thus far to receive the RFP are the following, in alphabetical order: 1. Adventure Travel Media Source, Wellington 2. Ground Floor Media, Denver 3. JohnstonWells, Denver 4. Kruzic Communications, Denver It is expected that the PR firm selected will assume responsibility for both the electronic distribution of press releases and for managing the Social Media. When this firm is retained, a Social Media strategy should be developed along with the Search Marketing firm retained. 11 . 2010 Strategic Marketing Plan Estes Park Local Marketing District D. Public/Media Relations and Social Media (cont.) Whereas the new PR firm will be responsible for regional and national media, including the Social Media, the LMD's communications staff will, among other things, be responsible for helping to create a greater awareness among Front Range business organizations of Estes Park as a mountain meeting destination. E. Group Sales and Marketing One of the more significant growth opportunities for Estes Park is to attract more Group business to the area's lodging members and other establishments. This will require a significant refocusing of the Group Sales effort from selling and servicing the Conference Center to selling the individual member properties on a proactive, rather than reactive basis. This transition needs to begin as soon as possible. To accelerate this transition, a number of process changes will be made to increase the Group Sales manager's selling time and increase accountability for generating Group business, including: 1. Summer walk-ins that inquire about weddings and reunions will be handled by a summer intern. Small Groups (less than 10 people) will be handled by an intern during summer and by the Call Center staff during the balance of the year. 2. The Group section of the website will be upgraded to attract greater interest from Groups, particularly meeting Groups. 3. Activity reports tracking the number of prospecting calls and sales calls made each week and month will be created. 4. The number and revenue value of Group leads and referrals will be tracked and reported on monthly. 5. The Group database that now is on paper only will be transferred to ACT, a contact management software, or Outlook. Group segment priorities for outbound selling will include the following: 1. Educational meetings, including universities and continuing education 2. Corporate meetings and retreats 3. Government meetings 4. Bus tours, especially overnight 5. Association Board of Directors meetings 6. Student Groups Weddings and reunions are typically call-in business or a result of an interaction at a trade show. 12 2010 Strategic Marketing Plan Estes Park Local Marketing District F. Research Notwithstanding the Visitor Studies and Conversion Studies the CVB has conducted over the years, there are important knowledge gaps that reduce the effectiveness of Estes Park's marketing efforts. To capture this information, a yearlong Visitors Study will commence in September 2009. The Research is detailed below: 1. Visitors Research Objectives: The objectives of this Visitors Study are as follows: a. Determine who visits Estes Park, why and when (Visitor Profile) b. Determine how visitors decide to visit (Buying Process) c. Determine what an actual visit looks like - what is experienced and how satisfied the visitors are with each experience (Visit Experience) d. Determine the pre-arrival level of awareness of Estes Park and (first-time) visitors' perceptions of Estes Park (Attitudes & Awareness) e. Evaluate alternative positioning slogans by visitor segment (Positioning) 2. Uses of Information: This information will be used for the following: a. Determine how much of the media should be allocated to attracting Overnight visitors vs. Day visitors. The CVB has been spending 50% of its media against each audience, despite the fact that the available research data suggest that 80% of (summer) visitor expenditures are from Destination visitors. If the Visitors Study validates this information, a reallocation of media more consistent with the revenues would produce higher revenues and sales tax collections for the Town and District. Seasonal and segment variations also need to be identified. b. Determine how much of the media should be allocated to promoting special events. The CVB spends 20% of its media in state to promote special events, a significantly higher percentage than is contributed by event-goers. A media reallocation that spends less against event-goers will likely increase revenues and sales tax collections. c. Determine what attracts visitors by season, by segment. Previous studies have focused only on summer and have not identified the demand generators by segment. The importance of Rocky Mountain National Park, the mountaint community, "watchable wildlife", etc. all need to be quantified. d. Determine how to brand/rebrand and position Estes Park. The identity of Estes Park and what the Estes Park brand stands for is not clear. A more persuasive, differentiating brand identity is needed to attract more visitors. Critical to the rebranding is an identification of the key demand generators by segment, by season. This learning needs to be reflected in all marketing communication. e. Develop a positioning slogan or slogans that capture the new branding objectives. Currently, Estes Park employs "Real Rocky. Real Good Times" as its positioning slogan. ,Since no communications testing of this slogan has been done to confirm its meaning, relevance and persuasiveness in attracting first-time visitors, this needs to be done, and a determination of whether this is the optimal 13 2010 Strategic Marketing Plan Estes Park Local Marketing District F. Research (cont.) positioning slogan for Estes Park needs to be made. Variations by segment, by season need to be understood. f. Determine how and when first-time visitors decide to visit Estes Park. This needs to be evaluated by season, by segment. This information can affect when media dollars are spent, where they are spent, the importance of the Visitors Guide, etc. g. Determine how much each segment spends in the Town's downtown area and how this might be increased. h. Determine the demographics of visitors, by season, by segment. This information can be used to select media that best fit Estes Park's visitor profile and increase the effectiveness of the media spending. i. Determine the satisfaction level of visitors, by season, by segment, and how satisfaction can be increased. The estimated timetable for this year long Visitors Study is as follows: Timing Activity September 2009 Commence Visitors Study October 1, 2010 Retain services of a Branding/Creative firm October 15, 2010 Visitors Study results available to Branding firm and Stakeholders December 31, 2010 Branding development completed Jan/Feb 2011 Begin applying branding to new website, 2012 Visitors Guide and advertising In addition to this Visitors Study, an annual Conversion Study will be conducted in 2010, measuring the conversion of those who request a Visitors Guides (largely as a result of seeing an Estes Park advertisement in a magazine or online) into visitors. Since the majority of those who request Visitors Guides are Overnight visitors, this research is important to destination marketing efforts. G. Branding and Positioning 5S A successful branding program is based on the concept of singularity. It creates in the mind of the prospect the perception that there is no product on the market quite like your product." Al and Laura Reis As concluded in the Brand and Marketing Assessment Report, the Estes Park brand needs to be clarified and strengthened, and all communication needs to reflect this branding. Determining how RMNP should be integrated into this branding is critical, since it is the dominant demand generation for the destination. 14 2010 Strategic Marketing Plan Estes Park Local Marketing District G. Branding and Positioning (cont.) Toward this end, an outside firm will be retained to rebrand and reposition Estes Park. This work will be based on the 12 months of visitor information collected in the Visitors Study, as well as competitive analysis conducted by the LMD's marketing staff. A critical component of a brand is its personality. Based on the TV commercials, in particular, Estes Park's personality appears to be natural, real and down-to-earth. This needs to be confirmed or otherwise defined and integrated throughout the marketing communication. This personality definition is dependent, in part, on whom Estes Park is to be positioned against. Based on the frequent and prominent use of "Real Rocky" in the CVB's communications, it is important to use Visitor Research to determine how prospects - particularly those outside of Colorado-interpret the slogan and whether it is persuasive. Estes Park must have a stronger identity as a conference and meetings destination, particularly along the Front Range and secondarily within the region. This will need to be done through increased direct sales, publicity, email and direct mail. Given the importance of weddings, Estes Park's identity as a wedding destination needs to be further strengthened. H. Estes Park Website Once the branding work is completed by the third-party branding company, the branding will then be applied to the website, Visitors Guide and advertising. This creative application jwill be done by either the same company that develops the branding, or by a separate creative advertising resource. In preparation for the development of the new website, only limited changes that directly impact business will be made in the existing site. "Nice-to-make" cosmetic changes will not be made in 2010. To facilitate search engine optimization, the search marketing firm should be included in the design process. With the completion of the new website, the URL will be changed to VisitEstesPark.com. This is more appropriate, given the establishment of the Local Marketing District. The SEO work (meta tags, links, etc.) should be copied over and retained, and the current - -site-redirected to the new siter - - - - 6 1. Visitors Guide The major redesign of the Visitors Guide will not begin until 2011. At that time, the rebranding and repositioning work will have been completed (in early 2011) and can be applied to the 2012 Visitors Guide. 165,000 copies will again be printed, and the cost of the design, production and printing as well as the postage required to mail the guide will be paid for by advertiser fees. All advertising in the printed version is included in the downloadable version with a click- through link to the advertiser's website. 15 2010 Strategic Marketing Plan Estes Park Local Marketing District J. Stakeholder Services As the official visitor information source, the CVB has a responsibility to ensure visitors receive rich and relevant information regarding the Estes Park experience and planning an Estes Park vacation or Group event. It follows that the CVB also has a responsibility to ensure that Stakeholders have the opportunity to promote their businesses through this process. As such, Stakeholder Sales & Services goal is to develop strong partnerships with area businesses, develop new Stakeholder advertising products, sell marketing and advertising products, encourage and respond to Stakeholder feedback and provide Stakeholders with excellent service. 1. New Stakeholder Advertising Products: When launched in October 2004, the CVB offered Stakeholders an advertising product suite that included free and fee-based products including referrals, web listings, Group and Visitors Guide leads, and Visitor Center brochure rack display space. In subsequent years, other free and fee-based advertising products have been added, such as Official Visitors Guide ads, interior shuttle bus ads, Visitor Center menu display space, and web features such as Book Now link (Lodging), Menu link (Dining), and Vacation Values listings. As the official visitor information source, the LMD will have the responsibility to ensure potential visitors receive rich and relevant information regarding the Estes Park experience and planning an Estes Park vacation. It follows that the LMD has a responsibility to ensure that Stakeholders have the opportunity to promote their businesses through this process. In order to ensure Stakeholders have the best possible methods of promoting their businesses, the LMD must periodically introduce new, fresh and relevant advertising products. New Stakeholder advertising opportunities that are being considered include the following website products: a. Stakeholder display ads b. Interactive downtown and regional maps including Stakeholder business information, photos, links, etc. c. Vacation packages offering a mix of Stakeholder options, customizable by the user d. Itinerary building feature to include Stakeholder business options e. Targeted leads, i.e., Lodging requests meeting specific criteria; interest in Activities, Dining, Heritage, Art, etc. f. On-line Lodging booking engine Other revenue-generating new product ideas that will be carefully evaluated include: a. Stakeholder display ads in the eNewsletter emailed to visitors b. Detailed full color printed maps with stakeholder points and ads - available for distribution around town and at the Visitor Center c. Visitor Center large flat screen TV with still ads and/or video ads d. Shuttle map advertising 16 2010 Strategic Marketing Plan Estes Park Local Marketing District J. Stakeholder Services (cont.) 2. Strengthening Stakeholder Relations: Over the last four years, the CVB has been successful in engaging Stakeholders from all tourism-related business sectors. Nearly all lodging Stakeholders, for example, purchase at least one advertising service. Other business sectors purchase services at varying levels. Opportunities do exist to better engage Stakeholders involved with the Activities, Dining, and Shopping sectors. Ongoing petsonal relationships and communication along with excellent service has proven very effective in communicating program benefits and advertising options. Continuously informing Stakeholders and encouraging feedback regarding the LMD's marketing will be critical to further strengthening relationships with, and support from the Stakeholders. Success will only be achieved if key partners and Stakeholders are motivated, totally understand the brand, know how to use it, and genuinely want to support it (Source: Destination Branding for Small Cities: The Essentials for Successful Place Branding, Bill Baker, 20074 Other methods of effective Stakeholder communications that will be employed include: a. Plan and host fun, relevant and interesting meeting events for Stakeholders b. Launch a professional and informative eNewsletter for stakeholders c. Create and distribute a Stakeholder survey, analyze results, communicate results, and where appropriate, make changes based on feedback d. Directly involve key stakeholders in relevant activities, especially as it relates to the destination branding process e. Create an informative, interactive and user-friendly member page 17 . INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT effective this .2(•+Nlay of Avt,<raT- , 2008, by and between the TOWN OF ESTES PARK, COLORADO, (the "Town"), and the BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY, (the "County"). RECITALS WHEREAS, the Local Marketing District Act, Section 29-25-101 et seq., C.R.S. provides for the organization of local marketing districts ("the Act"); and WHEREAS, the Act allows formation of a local marketing district within the Town o f Estes Park and unincorporated Larimer County; and WHEREAS, the Town and the County hereby agree to form a local marketing district pursuant to the terms and conditions of the Act for properties located within the Town and unincorporated areas of Larimer County; and WHEREAS, Section 29-25-105 (3) C.R.S. of the Act provides that the Town and the County, by contract, may create a local marketing district to exercise the functions authorized by the Act following receipt of a petition for the organization of a local marketing district from the requisite number of owners o f commercial real property in the proposed service area; and WHEREAS, a petition has been filed with the Town Clerk and the Clerk of the Board of County Commissioners meeting the requirements set forth in Section 29-25-105 (2) C.R.S. of the Act; and WHEREAS, the Town and the County desire to establish the Estes Park Local Marketing District pursuant to the terms and conditions of this Intergovernmental Agreement; and WHEREAS, Section 29-25-105 C.R.S. provides that the question of establishing a local marketing district shall be submitted to the registered electors residing within the District at a general election; and WHEREAS, the Petition states that the District shall be funded by the levying of a two percent (2°/0) marketing and promotion tax pursuant to the provisions of Section 29-25-112 C.R.S.; and WHEREAS, approval by the registered electors residing within the service area of the proposed local marketing district of the establishment of the local marketing district and the authorization for the levying of a two percent (2°/0) marketing and promotion tax to fund the services of the local marketing district is a prerequisite to the implementation of this Intergovernmental Agreement; and 1 WHEREAS, pursuant to the applicable statutes of the State of Colorado, the Town and the County are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET FORTH ABOVE WHICH ARE INCORPORATED HEREIN, AND THE COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: I. Name and Purpose. The name of the District is the Estes Park Local Marketing District (the "District"). The purpose of the District is to provide the services set forth in Section 29-25-111 (1)(e)(I)(A), (13) and (C) C.R.S. II. District Service Area. The District Service Area (the "Service Area") is depicted on Exhibit A attached hereto and incorporated herein by this reference. III. Eligible Electors. An eligible elector or registered elector of the District means an elector as defined in Section 1-1-104 C.R.S. who has complied with the registration provisions of the Uniform Election Code of 1992 in Larimer County, and resides within the Service Area of the District. IV. Elections. An election shall be held pursuant to Section 29-25-105 (6) C.R.S. for the purpose of establishing the District pursuant to the terms and conditions of this Intergovernmental Agreement. An election shall be held pursuant to Section 29-25-112 (1)(a) C.R.S. for the purpose of authorizing the levying of a two percent (2°/0) marketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations located within the District. All District elections will be conducted as provided in Section 29-25- 105 (6) C.R.S. The Town and the County agree that the question of approval of this Intergovernmental Agreement for the establishment of the District and authorization for a two percent (2%) marketing and promotion tax shall be placed upon the General Election ballot of November 4,2008. Each entity shall be responsible for its share of the cost of said election based upon the number of registered electors from each entity eligible to vote in District elections and the formula for payment as set forth in the County Clerk and Recorder's coordinated election agreement If the District is established, the District shall be responsible for reimbursing the Town and the County for all costs incurred by each entity for said election upon receipt of marketing and promotion tax revenue. The County delegates to the Town the authority to enter into the Agreement Concerning Election Services with the Larimer County Clerk and Recorder for the purpose of conducting the election as part of the coordinited General Election. The Town Clerk of the Town shall be the Designated Election Official for the election and shall be responsible for the wording of the ballot issues and certifying the ballot issues to the Clerk and Recorder of Larimer County, Colorado. V. Effective Date. This Agreement shall automatically take effect upon certification of the Clerk and Recorder o f Larimer County, Colorado, that a majority o f the registered electors voting at the November 4,2008 General Election has approved the establishment of the District. 2 VI. Board ofDirectors. The Board of Directors of the District shall have aillegislative power of the District. The Board of Directors shall be composed and appointed as follows: A. Number. The number of Directors shall be seven (7). Five (5) members shall be appointed by the Town. Two (2) members shall be appointed by the County. Each member shall serve a four (4) year term. The terms shall be staggered so that two (2) members are appointed each year and one (1) member in the fourth year. All Directors shall serve until their successor is appointed by the respective entity. Members may serve for more than one (1) term but no more than two (2) consecutive four year terms. B. Residency. All appointees shall be residents of the Service Are of the District for at least one year prior to the appointment and shall continue to be residents of the Service Area during their entire term. C. Officers. There shall be a Chair and a Vice-Chair. Each shall serve one (1) year terms, beginning with the first meeting in January of each year. The Chair and Vice- Chair may serve for two (2) consecutive terms. The Chair and Vice-Chair shall be chosen by the members of the Board. The Vice-Chair shall serve as the Chair in absence of the Chair. D. Attendance. All members shall attend all meetings, including special meetings, if possible. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town or the County may remove its appointed member for neglect of duty and designate a new member to fill the vacancy. E. Vacancy. Any vacancy occurring on the Commission shall be filled as soon as practical by appointment by either the Town or County. F. Meetings. Regular meetings of the Board of Directors of the District shall be once a month. Special meetings may be called as necessary. G. Powers. The Board of Directors shall have all the powers set forth in the Act. H. Quorum. The majority of the Board of Directors shall constitute a quorum. A vote of majority of those present at a meeting shall be necessary for action by the Board. I. Waiver of Term Limits. The Town or the County may waive the term limit set forth in subparagraph A. above in the event that either party, in its sole discretion, determines that there are no qualified applicants for a vacant Director position and a term limited Director wishes to serve another term. VII. Term. The term of the District shall be for an initial term of five years beginning on the approval of the establishment of the District by an election (see Section IV), and continuing until December 31,2013. The term shall automatically extend for additional five (5) year 3 periods unless on or before July 1 of any calendar year prior to the end o f any five (5) year period, either party-gives written notice to the other party terminating this Agreement. In said event, the District shall automatically terminate on December 31 of said calendar year. Between the date of giving the notice of termination and December 31, the District shall continue to be in existence and have all powers as set forth herein. This Agreement nor the District may not be terminated, repealed or rescinded so long as the District has any outstanding financial obligations. VIII. Distribution and Division of the Assets of the District. In the event of termination of the District either by action of the Town and County as more fully set forth herein or by order of any court having jurisdiction thereof, all assets of the District shall be divided between the Town and the County based upon the percentage of marketing and promotion tax collected from the Town and unincorporated Larimer County in the previous calendar year to the extent feasible. IX. Other Provisions. A. Transition. During the period of uine between the election establishing the District and January 1,2010 ('the transition period"), the Town shall provide a staff member to act as administrator of the District. Also, the Town shall provide necessary office space and support to said staff member for administration of the District. In the transition period, the Town Attorney shall provide legal services to the District Board. The Town Attorney shall consult with the County Attorney in any matters affecting the unincorporated portions of Larimer County within the Service Area. B. Automatic Termination. The parties understand and agree that in the event the registered electors of the District fail to approve the formatioh of the District at the General Election held for said purpose on November 4,2008, this Agreement shall automatically terminate and be of no further force and effect. C. Enforcement. It is the intent of both the Town and County that this Agreement is binding upon both the Town and County, and that either party hereto shall be permitted to specifically enforce any provisions of this Agreement in a court of competent jurisdiction. D. Amendment. This Agreement may be amended in writing at any time by mutual agreement of the parties. E. Notices. All notices, demands or other documents required or desired to be given, made or sent to the parties under this Agreement shall be made in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, by regular mail, postage prepaid (unless this Agreement specifically requires certified mail) addressed as follows: ,4 . TOWN OF ESTES PARK Attn. Town Administrator Post Office Box 1200 Estes Park, CO 80517 LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS Attn: Chair Post O ffice Box 1190 Fort Collins, CO 80522 F. Governmental Immunity. The parties agree and understand that both parties are relying on and do not waive, by any provision of this Agreement, the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000) per person and Six Hundred Thousand and 00/100 ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the parties or any of their officers, agents or employees. G. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties' obligations under this Agreement are subject to each individual party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of each individual party. No provisions of this Agreement shall be construed or interpreted as creating a multiple fiscal year, direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not directly or indirectly obligate either party to make any payments beyond those appropriated for each party's then current fiscal year. No provision of this Agreement shall be construed to pledge or create a lien on any class or source of either party's monies, nor shall any provision o f this Agreement restnct the future issuance of either party's bonds or any obligations payable from any class or source of each individual party's money. H. Operating Plan. Prior to the levying of a Marketing and Promotion Tax or provision of services, the Town and the County shall approve an Operating Plan for the District. The District Board shall file with each entity no later than September 30 of each year, an Operating Plan specifically identifying services to be provided by the District, any Marketing and Promotion Tax to be imposed by the District, and such additional information as required to inform each entity as to the activities, services, and funding of the District in the upcoming year. The Operating Plan shall include a proposed budget for the next fiscal year. Either the Town or the County or both may require the District to supplement the Operating Plan or budget where 5 necessary. The Town and the County shall approve or disapprove the Operating Plan including the proposed budget within thirty (30) days after receipt of the Operating Plan, the proposed budget, and all additional documentation requested by either entity but no later than December 5 of the year in which such documents are filed. The services and financial arrangements of the District shall conform so far as practical to the approved Operating Plan. The Operating Plan may, from time to time, be amended by the District with the approval of the Town and County. I. Dispute Resolution. Either the Town or the County may request mediation of any dispute pursuant to the terms and conditions of this Intergovernmental Agreement. The request for dispute resolution shall be submitted in writing to the other party. The Town and the County shall participate in a dispute resolution process in good faith. The dispute resolution process shall be concluded within sixty (60) days of filing of the request for dispute resolution. I f the dispute is not resolved by this process, either or both parties may enforce the terms and conditions of this Agreement as provided in Paragraph IX (C) above. FutilF!70,·.,, TOWN OF ESJES PARK %7 .seyt .(} F E. 6. 7 1. f .,, rt AA........·44 1 *A : := ..70% A .6-9 1 .,i -B /£1. IL ® 3)4 V Mayor : 5 = 0,9,9,9 2144°- ~jwn Clerk BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER. 49972,44,- - - - - - - - ib:.. Ims 13( SEAL)N 1 By: .//«0-000«_ KY'Si2;13,*17 aimig-r----A L Deputy Clerk of 11]6 Noard~ -- Mle,-,2 0,1-toud,V ·31VO 6 ,¢NN!11## ....... 0 2111*118#00 1 5 - CO u a. Z i 22 e - (10 q) 2 2 LU -8 C» a1f 0 4 m J 010 0 + <9. 3 -· Z O 0, 0 It 0 - O U 5-10.. '1 ' 1.-3.04 - f 5 -291£.1 6 f 1, -5.t 1 A.f tr : 3 - 1. 4 t.»j .4.., 1 9.-·99'-171 - r f ·· , : 1,1..©rep< 1 - I r ' ~ f, , Vfb. *f. ~ · pk j 9 .. I ..4, :1 '. E 6 : 1*#6.· I : : C i ~ J.#033:~,..,>i- . t. *fe.?Ef-c...4,4-· . i**49 . . ... ad ? ''t *.13,2,3 4 )19$1051 - .. 1 4 4-: 1 -le' ·· 2 >t€D· - ·~ ' ) . ...1 ..444*40: - -- . '' f 1.~31*A,4.r (0 0 I . 4-:t#g i ..... a,~. ...., 7 a. .37 11 I I . '22:.4 .t Nif-%-j·V .- ~ f -: I _ ''\f - I -I -I lf:/'f*p 1/ 1---~ - ~.4.2.ji.··. lt.3,01' i. ·4> 1 I -43 ..4/ 7%6es@-' O 9. 1 ' 1 2 9,27,%0.--i) 1 L . I 9 6/./.:a. & 0 ~ Drake Jelq\A - 10!49!0 ee]V eguodse P ! J ls! a 01 XelleA sels3 Gt aven Vd 93193 M.. 1/9/M>%31 9002 41I L aunf -89 SBAIA.le@ SW 0 Ved £0163 JO pajed@id TOWN oF GrES PAR1© Memo em=gr TO: Mayor Pinkham and Town Trustees Administrator Halburnt From: Bob Joseph, Community Development Director Date: August 5, 2010 RE: Sign Code Revisions Background: Last summer a task force of stake holders and staff reviewed the Town Sign Code and produced a comprehensive list of recommendations for revisions. These revisions are for the most part aimed at relaxing some of the current standards. A "Sign Code Task Force Summary of Objectives" is attached for Town Board review. This summary includes the relevant revisions paired with the specific objectives. The taskforce also recommended that illustrations be added to the code to make it easier to understand. The current draft includes these illustrations. The current draft also provides new code provisions to address the temporary signage needs of local fundraising special events, such as the Duck Race. The current draft includes a new process for Creative Signs that will provide flexibility in the application of the sign code. Finally. the attached sign code draft incorporates revisions requested by the Community Development Committee at their July, 2010 meeting. These latest revisions are highlighted in the text of the draft provided in the Trustee's packet for this study session review and discussion. Staff would like to review the major changes to the code with the Town Board at the study session. The ordinance to consider adoption of the new code language will be placed on the August 24, 2010 Town Board meeting as an action item. . 0 Sign Code Task Force Summary of Objectives (July, 2010) User Notes and Explanations: The following summary (that was developed in March of this year) presents each sign code task force objective in a numeric sequence from 1 to 46. Each numbered objective is shown in yellow highlight. It is immediately followed by the page reference in Exhibit A where the specific objective has been addressed. In most cases this Is followed by an excerpt from the revised sign code from the referenced page. In a few cases the final draft code language has been subsequently revised, but the intent remains and the objective has been addressed. HIGH PRIORITY MAJOR REVISIONS (six-month process) ~1. Create a Flexible Sigh Permit review process that encourage* and rewardd superior design_io_settings -where-multiplebuslnesses. oqgqpy_a_*ngle-lot. (Sed 'page_39) Creative Sign Program. A. Purgose. The Creative Sian Proaram 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 agglicant voluntarilv chooses to submit to this review as an alternative to the "use bv right" sian provisions normallv aoblicable under this chapter. The intent of this process is (1)to encourage sians of hiah aualitv materials and workmanship. (2) to encourage sions of unique design that exhibits a hiah deoree of imaaination, inventiveness: and (3) to provide a process for the application of skin regulations in wavs that will allow creativelv designed signs that make a positive visual contribution to the overall imaae of the Town. while mitigating the impacts of large or unusuallv desianed sions. B. Applicabilitv. Anv Dropertv owner or business owner in anv zonina district is eligible to aDDIV for a Creative Sian Dermit. C. Method of Application. An application for a Sign Permit under the Creative Sign Proaram, shall be made on the form(s) prescribed bv the Community Development Department. The aoolication shall be accompanied bv anv reauired fees. The reauired contents of the application shall be as sbecified in Section (Creative Sign Program). 0 D. Review Procedures. At each level of review or aDDeal, the decision shall be rendered, in writina. within the time limits set forth herein. The time Page 1 of 16 period begins runnina when the application is deemed Lcomblete. or the notice of appealkhas been filed. whichever applies. · 1. Generallv. ~ at Notwithstdndina- anv of the time limits contained in this Section. the Communitv Development Degattment and the Creative Sian Design Review Board shall endeavdr to render decisions in a timely manner. b.: Notwithstandina the time limits contained ln, this Section, the Communitv'Develobmdnt Debartment and the applicant mav mutuallv aaree 'to an extension of the time limifs. Such extension shall be in writina and shall be for no more than 90 calendar davs. 2. Comgleteness Revie*. r. . a. Upon receiot of a Creative Sian Program agglication bv the Town Communitv Development Department, the Department shall perform a combleteness review and issue -a written status determination within ten (10) calendar davs. b. In the event the Communitv Development Department determines that the agglication does not include the necessaN information needed to review the pronosal for consistencv with this Chaoter. the Communitv Development Deoartment shall deem the application incomolete. If the aDolication is incomplete, the apblicant shall be notified In writina. The notification shall specifv what information is missina. r· c. In the event the Communitv Development Department determines that the application does include th€i necessarv information needed to review the proposal for conslstencv with this Chapter, the Communitv Development Deoartment shall set a hearina date no later than sixtv (60) calendar davs from the date. of receiot of a comolete agglication for the Final Review of the application: 3. Final Hearina and Review. A Crdative Sian 6ermit application shall be subiect to review and approval bv the Communitv Develooment Director where the cumulative area of the proposed sign(s) is fifty (50) sauare feet or less. or shall be subiect to review and approval bv the Creative.Sign Design Review Board where the cumulative area of the Drogosed sign(s) is laraer than fiftv sauare feet. The burden Is on the applicant to demonstrate .substantial compliance with the agglicable Creative Sian Design ·Standards as set forth herein. The Communitv 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. 0 Page 2 of 16 . 4. Aggeals. Appeals bv the applicant of the Final Decision of the © Communitv Development Director or the Creative Sian Desion Review Board shall be heard bv the Town Board of Trustees. ADDeals must be received in writina within ten ·(10) calendar davs of the date of denial bv the Communitv Development Director or the Creative Skin Design Review Board. The hearing of the aggeal shall be held within sixtv (60) calendar davs of receipt of a written application and related fee. Written appeals must specificallv identifv the design standards at issue as the reason for'denial of the agglication. E. treative Desian Standards Design Qua/ilv. The sian(s) shall:: 1. Constitute a substantial aesthetic improvement to the site and shall have a Dositive visual impact on the surroundina area; 2. Be of uniaue design. and exhibit a hiah dearee of imaaination. inventiveness: and 3. Provide strona araohic character throuah the imaainative use of araohics, color. texture. auality materials. scale. Dropottion and form: 4. Sions should contribute to the image of the community bv conveving a distinctive character that convevs a strong sense of place. Contextua/ Criteria. The sian(s) shall contain at least one of the following elements: 1. Historic desian stvle: 2. Positive and creative imaae reflectina current character of the business: 3. Inventiverepresentation of the use, name. or products of the business. Architectural Criteria. The sian(s) shall: 1. Utilize or enhance the architectural elements of the bulldina: and 2. Be DIaced in a loaical location in relation to the overall comoosition of the building's fa*ade, 3. Be intearated within and not cover anv kev architectural features and details of the buildina fagade. 4. Architectural Stvle. Each sian shall be desianed to be compatible with and relate to the architectural stvle of the main buildina or buildings upon the site where such sian is located. 5. Relationshig to Buildinas. Signs located unon a lot with one main building or several buildings shall be desianed to incorporate at least one of the oredominant visual elements of such buildina or buildinas. such as the tvoe of construction materials. color. or other desian detail. 6. Color. The color(s) of a sign should be harmonious and comolementarv to the colors of the buildina on or near which it is to be located. 0 Page 3 of 16 . 7. Sian Materials. The aoal of sian design is to maintain attractive and compatible stylina so as not to conflict or distract from the architectural 0 character of the area. The choice of materials and the workmanship in the use of the materials should convey both a sense of aualitv and creativitv. 8. Multiple Sions. Where more than one sian is proposed. all signs shall have desians that incorporate the followina desian elements ill a compatible and coordinated fashion. a. Letter stvle of cow b. Shage of total sign and related comgonents: c. Tvoe of construction materials: d. lightina: e. Method used for supportina sign (e.a.. wall or arouhd base). 9. Wall sians should be located on the: upper portion of the first floor storefront and should be centered within an area uninterrunted bv doors. windows. or architecturaldetails. 10.To congev a subtle appearance. the use of back,lit or reverse channel letters with halo illumination rather than intemallv-lit sions are encouraged. Neighborhood /moacts. 1. The sikin shall be located and desianed not to create alare on nelahborina uses. 2. Constitute a substantial aesthetic improvement to th& site and shall have a positive visual impact on the surrounding area: 3. Provide strong graphic character throuah the imaainative use of draphics: 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 Sian Design Review Board. The membershiD shall consist of the followina: a . Two local business owners (one owner of a retail merchandise business. and one lodaina owner). an architect, the Communltv Develo¤ment Director, and the Town Administrator. Members shall serve unlimited terms subiect to replacement at the sole discretion of the Mayor of Estes Park. Page 4 of 16 *21 U - 3. Create a ®gulation allowing tfmppIa_«Banners. (ER.i,ge_45) b. Provide anew process for_staff-level.approval-of mirtor_sign-dode-YaNinces! k€ee#ge_42) Minor Modifications from General Sign Standards. a. Staff Authoritv to Grant Minor Modifications. Staff mav grant minor modifications up to a maximum of ten Dercent (10%) from the followina aeneral sian standards. provided that the Staff finds that such modification advances the goals and purposes of this Code and either results in reduction of visual clutter or results in more effective wav findina. or relieves practical difficulties on the site: (1) setback reauirements: (2) snecific sion size restrictions Drovided the cumulative site total remains in comgllance: or (31 Other dimensional and temporal standards contained herein. Ch 4.-Increase.wall-sign allotment from one_to_ twg-per frolltage.,(se,Le,0-el#) Maximum number: Two (2) wall slans for each face of a business. or building storefront (buildina frontaae). i Clarify and strengthen enforcement of the sign code, including on-sitecitationd for_repeaty\olations. (Thiswill be handled administratively, -seepag,33) 17.66.170 Enforcement. The Drovisions of this Chapter shall be subiect to enforcement and penalties as set forth in Chapter 1 of the Estes Park Municipal Code. 01 (Ord. 11-76 42(Dart), 1976:-Ord. 25-76 47. 1976: Ord, 21-82 41(D). 1982: Ord. 15-97. 1997: Ord. 17-02 §1(part). 2002) 5. Allow neon and other exposed li¢iht sourcds (LED, etc.), but strictly limit th@ brightness or intensity of the light based_on_an objective_measure-of_intenskd tag. lumens or ft._canclies)=(MepagE) Page 5 of 16 Item 15 -has been deleted under prohibited signs, which prohibited direct illumination and neon. 0 ~. Prohibit scrolling, programmable signs in the CD district and place restriETERE Rnthe_time intervals where they are permitted in.thtPASIi#rict. (§?epag€23) a. Electronic reader boards located within the CD-Downtown Commercial zonina district shall be restricted to a *tatic imaae that chanaes no more than once in anv twenty-four (24) hour berlod. Electronic reader boards located In the all other commercial districts shall be restricted to a static Image that chanaes no more than onceeverv twentv minutes. , 8. Revi/* wording in the sign code tomakeit mbre user:frieodly; MEDIUM PRIORITY REVISIONS (four-month process) 9. Establish a measurable standArd and code lan¢juage_that canretatejo current ~99*chnology for signi®mination._(see page 24) d. In no case, with all lighting comoonents eneraized. shall the liahtina intensitv of anv skin. whether resulting from internal or extemal illumination. exceed sixtv (60) foot candles when ineasu~d with a standard light meter held at a distance of ten inches from the sian face. e. Sians shall not have exposed neon tubes, fluorescent tubes or incandescent bulbs exceedina fifteen (15) watts. f. Maximum brightness levels for electronic reader boards shall not exceed 4.000 nits when measured from the skin's face at its maximum briahtness during davliaht hours and 400 nits when measured from the skin's face at its maximum -- 1, briahtneds betw6en dusk and dawn. . I |10. Irt the CO zoning district,'increase the existing cap from 150 square feet td 200 squarefeet„but.maintain-the_ex*09 -1.5 squarejoot, sigogge_allocation pet ~ Page 6 of 16 lineal foot of building front@ge. Consider the diffirences Eetween the DoWntowd ~nd -Oullying settings when revising the size regulations. (see Rgge_27) 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 Maximum Area Maximum ~ Maximu Permitted Permitted Area Permitted Per Per Sign Face No. of Signs m Business Permitted Height of Signs All in Subsection All In Subsection 200 sf for Suspended: 5 sf Freestandin 25 ft 17.66.040(26), 17.66.040(26) 1[mal-111[ling g: 2 per Lot except except Time-temp: 10 sf subdivisions jas subdivision i 15 sf for projecting 10 sfforsuspended (5 per face) 1.5 sf Der If of frontaae (200 sf max.1 for wall sians Temporary Temporary Temporary 12 R Construction: 36 sf Construction: 32 Construction sf : 1 per street Resldential Multi-family (RM, R.2) Class of Sign Type of Sign Maximum Sign Maximum Area Maximum Maxlmu Permitted Permitted Area Permitted Per Per Sign Face No. of Signs m Lot Permitted Height of Signs All in Subsection All In Subsection 75 sf for Suspended: 5 sf Freestandin 25 ft 17.66.040(26), 17.66.040(26) freestandIng g: 1 per Lot except except subdivisions h, 1 subdivlsions g, 1, 15 sf for projecting m, s&t &q 10 sf for suspended (5 per face) 1.5 sf#er If of frontage for wall signs (max. 150 sf) For all Single-famlly Residential Zoning Districts Class of Sign Type of Sign Maximum Sign Maximum Area : Maximum Maximu Permitted Permitted Area Permitted Per Per Sign Face No. of Signs m Lot Permitted Height of Signs All In Subsection All In Subsection 9 sf - Identification All sign: 9 sf 1 per 6ft 17.66.040(261 17.66.040(26) only residence except except (Sec. 17.66.050) subdivisions h, 1, subdivisions a, g, m, s&t i&q Page 7 of 16 'I• ill. Discu-s-s Exemption CIO)d and how-it relates to future mass_publid transportation. Committee desires to leave this exemption in the codef ~iI- Create a time frame for temporary signs (60-90 da-ys), and conside~ yestructuring the fee schedule to allow one fee if a temporary_§jgn_permit is !*sued.while the perIr'-amint sigo is bejog_built. (99 page 195 Temoorarv real estate sions no laraer than nine (93 sauare feet ber face shall be exempt from anv permit for a period of one (1) vear. All other temporary signs shall be allowed for a period of ninetv (90) davs withoOt a permit. Temporary sians Intended to be displayed for a period longer than ninetv (90) davs are reauired to obtain a Derrnit. and shall identifv the lonaer time Deriod on the permit. ~1-3. Consider changing the maximum-size for tempogry_marketipg/constructod Rgotto-fourfeet by-eight feet (41.-_, _ (sge.pig919) x 81 Such sians shall be limited to freestandina. wall or window sians. shall not exceed thirtv two (32) sauare feet per face. and shall not exceed twelve (12) feet in heiaht. No riders or attachments to such signs shall be permitted. i Xy I 4, f ~14. Allow change_of copy_on_eW-*!g-permitted sions without a new permit. (see page-13) L Maintenance means the replekinO, 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 cogv to identifv a new business where the change is made to an existina permitted joint identification sian panel that is to remain in place„ The replacing or repairing of a sign.or sign stnicture which remains structurally sound, but has been damaged to an extent exceeding fifty percent (50%) of the appralsed replacement cost (as determined by the building inspector) shall be considered as maintenance only when the sign conforms to all of the applicable provisions of this Chapter and when the -damage has been ' ~ caused by an act of God or violent accident. 4 Page 8 of 16 U 115. Revise the sign mairitenance sectionto refer tosjructurallyunsound-signe¢ ajoggerforcoming into compliance. (see page 8) 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 the change is made to an existing permitted joint identification sign panel that is to remain in place. The replacing or repairing of a sign or sign structure which remains structurallv sound. but has been damaged toan 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 by an act of God or violent accident. &1-6..Proylde-djggrams_and~gr®hics to_illupt™Rthetrltent-of thicodRA[9*ionil (this task w#/ be undertaken once the text of the code revisions has been approved). 3 <17. Allow flashing string lights only during the holiday.season,-andp@*le-finfi start and enddates_for the seagon:-(seep#ge_15) QUICK FIX HOUSEKEEPING (two-month process) - ~18. Revi~ the size allowance for election signs (150 s4uare_feetkincommqrgial districts to match the allowances for similartemporao,gnst (free speech issue) I19~,lklete the refetence-to "r®veabld" awning€(eipagej) (21 Awn/no means a shelter supported entirelv from the exterior wall of a buildina. 20-.-Clarifithe distindiortbetWeen a cahopy anda marqueel Page 9 of 16 . (This distinction has been eliminated with the proposed code revisions.) U.1 1 21. Clarifysize limit for exer®tion from permitting process for Joint Identificatiod %-1 bigns (different in the CD-Commercial Downtown aed_COz:Commercial_o®yind 9istricts)._(see page 33) Size: In the CD-Downtown Commercial zonina district. where individual sian Danels that are Dart of a ioint identification sian are not larger than two square feet Der face then that skin 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 sion are not larger than eight square feet per face then that sian area shall be exemgt from the total allowable calculation for that business. 22. Change the sigii al,_goniputation formula by increasing 8 points to 12 'PPM*.(see.290€'PE " (2) In the case of an irreaularlv shaped sion or a sian with letters and/or svmbols directlv affixed to or bainted on the wall of a buildina, ttie area Of the , sian shall be the entire area within a single continuous perimeter of not more thantwelve (12) straiaht or radial lines enclosing the extreme limits of writina. representation, emblem or anv fiaure of similar character, toaether with ang material or color formina an intearal part or backaround of the display or used 0 to differentiate such slan from the backdroD or structure against which it is DIaced. 23. Change the maximum number of- permitted signs in single-family residential zoning districts from one per building tq one pec.residence. (FiPagi-271 All in All in 9 sf- , All sign: 9 ST 1 per 6ft Subsection Subsection identification residence 17.66.040(26) 17.66.040(2 only , except 6) except (Sec. subdivisions subdivisions 17.66.050) h, j, m, s&t a, g, 1&q 24. Create a definitionfor "temborary: Mee page 11) o. Temporarv sign means a sign which is intended for a temoorarv Deriod of disolav for the puroose of announcina a sDecial event, advertising or directing persons to a subdivision or other land or building development. advertisina personal Droriertv for sale. or promoting a political campaign or special election. Page 10 of 16 . 0 25. Refer signs located-at.intersections to the Estes Valley Dev@lopment-Codd 2QY[*)._(see48#ge_23) - - 1. Sians at street intersections. Shall be located in conformance with ADDendix D. Section IV. Intersection and Driveway Visibility of the Estes Valley Develogment Code. 26. Place,timelift~itson tempgrary-exempt-signs.-(see.»99919) Temporary real estate signs no larger than nine (9) square- feet per*face shall be exempt from any permit for a period bf one (1) year. All other temporary sions shall be allowed for a Deriokl of ninety (90) davs without a permit. Temporary signs intehded to be displayed for a period longer than ninety (90) days are required to obtain a permit, and shall identify the longer time period on the permit. 27..Clarifyithe_tmm-ZofficiaLfilitiO" for-subdivili®jigns.. (see page 19) In case of a subdivislon. construction sians shall not be displaved Drior to the date of recordation of the final subdivision plat. 43 28. Clarify the definition of piiblic right-of-way to exclude privatelrownad 123.i612 bpaces thatare_enclosed.on four.sides by.buildings. (seep?ge_15) Sians which are not visible bevond the boundaries of the lot or Darcel UDon which the, are located and/or from anv public thorouahfare or right-of-wav. 29. Delete E*Etriptien_CH?kthatdeals.with sjgnageon-vehiclf-6., (see Regi9-15) (limitation of 1/3 surface area has been deleted) 30. Chang@ the size limit to nine(9>glparifeetfqrkmporaryleal estate-sigft#Jd jnclude riders. (see page_16) Temporary non-illuminated real estate sions which do not exceed nine -(9) square feet in total area and four (4) feet in height, limited to one (1) such sign per street frontage. 31. Broaddn ifie exception for marquees -to include.otherl-si0,Ltypes.that-requird hequent up®tingofinformation..(see-p#991?j 0 Page 11 of 16 . 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 choosesto submit to this review ' as an alternative to the "use by right" sign provisions normally applicable under this chapter. TheJintent 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; 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. Additionallv. the Creative Sign Proaram shall provide for increased allowance to the niaximlim slan area permitted on theatdr marduees sians identifying films or performances currentiv showina in cases where necessary coov and stahdard chanaeable letter sizes clearlv necessitate such an exceotion. 32. Increase area allocations for Joint-Identification.sigr~s.-(see-e~ge 331 Size: In the CD-Downtown Commercial zonina district· where individual sign panels that are Dart of a ioint identification alan are not larger than two square feet Der face then that Nan area shall be exembt from the total allowable calculation for that business. In all other commercial zoning districts. where individual 'sion Danels that are part of a ioint identification sign are not larder than eight sQuare feet per face then that sign area shall be exempt from the total allowable calculation for that business. 0 33. Housekeepjng: . 17.66.040_Defioj®ns-(s«eage_31 U) deleted flag definition 22) ' Roof means the cover of any'building, iricluding the eaves and siniilar p¢ejeets;-ptoiections. 034. Housekeeping:-17.66.090_General regulations,-(e),Pe[manente -Signs-whicti identify-lands..f' - ' 1, '35. Housekeeping: Schedule of Requirements: Single-family R*sidential Zonind Districts Maximum Area per Sign 1-ace, All Signs: 2 4 sf (to align _witti ~xemptions)1 . /t - . 1- E , 36. Define-the_te-fm.Ypremiselfo-r the-prohibition-Qf_off:premise-sigo,--(see /2999 4 ' . 4 6 Off-premises advertising sion means anv off-bremises Nan, includina a billboard or general outdoor advertisina device. which advertises or directs Page 12 of 16 4 0 0 . attention to a business. commodity. service or activitv conducted. sold or U offered elsewhere thanon the same lot or within the same buildina uoon which such sian is located. LOW PRIORITY REVISIONS (3 month process) 37. Rem6ve outdoor display of merchandise from th6 sign code and create 3 jand use code revision for this purpose (grogp-pi®ign-is this-cpuld-be.a-sakt; issue in the CD zoning district). (see page-6) (Item u. outdoor display of merchandise is deleted.) 28. Pmvide_acontent-I)*tral.4-efinition f«flagL(seelegge-ls) Flags, limited to three (3) flags per lot. The maximum individual size of a disblaved flaa shall be three (31 feet bv five (5) feet when hung from a buildina. or five (5) feet bv seven (7) feet when hung from a flag pole. Flags identifying a commercial enterprise or other place of business shall be included in computation of maximum allowable stan area and shall be further subiect to those limitations. *J?rovide foittieexpiratignkloo~%_90forming.-sjgn#..(defeag@_45)J y 17.66.140 Nonconforming signs. Ca) A nonconformina sian mav be continued but it shall not be: (1) Changed to another nonconformina skin. (2) Structurallv altered. (3) Altered so as to increase the dearee of nonconformitv of the sian. (4) Enlarged or exoanded. (5) Continued in use after cessation or chanae of the business or activitv to which the stan pertains. (6) Repaired after the sion is damaged or destroved if the estimated cost of repair or reconstruction exceeds fiftv Dercent (50%) of the aDDraised replacement cost (as determined bv the bulldina Insoector). (7) Altered to change the text thereof, except such sians, which have been designed specifically to permit chances of the text. 0 Page 13 of 16 40. Considerallowing signs on blank walls, possibly through. -8-Fle*ibleSigil CD Permit review process. (see page 39, Creative Sign Program) 4.1.gonsider ways_tiaccommodate_specialevent,signagen (se_epage-37) Section # TBD Community Sneclal Events Signs and Stanlev Park Special Events Signs Non-Droft associations or organizations may submit an application for temporary on-site and temporary off-premise signaae for a communitv soecial event where the primarg purpose of the event is to raise funds for local charitable Durooses: or Anv omanization holding a Town approved communitv special event at the Stanlev Park Fainorounds mav submit mav submit an application for temgorarv on-site and temporary offipremise skinaae for that event f Section #TBD) Application for germit. The applicant shall submit a Master Special Event Sian Plan as Dart of the agglication for a special event permit. {Section #TBD) Standards for Review. The Communitv Development and Special Events Degartments shall review the agglication for comoliance with the standards below orior to Dermit issuance: 1. Zonina Restrictions. Special event sians are allowed within all zonina districts. 2. Design. Fluorescent colors and reflective surfaces are prohibited on signs. Reflective colored materials that aive the aggearance of chanaing color are also Drohibited. A matte or flat finish is reauired forall surfaces. 3. Illumination. Illumination of temporarv special event sians is prohibited. 4. Banners. Banners must comply with ChaDter 17.89 Temporary Banners, 5. Temgorarv Off-Premise Sians. 0 Page 14 of 16 a. Anv Individual business mav Dubliclv display soecial event posters in the window of that business'without a sian permit provided individual posters do not exceed two (2) square feet in size. The sign shall be disglaved .no more than one (1) month prior to the sgeclat event and shall be removed no later than one (1) dav after the event. b. Staff mav approve four (41 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 andthat anv commercial advertising message is secondarv to such look and feel design elements for the event. The sianfs) shall be disolaved no more than two (2) weeks·orior to the special event and shall be removed no later than one (1) dav after the event. 6. Temporarv On-Premise Signs. a. Limit on Cumulative Sign Area. A maximum of one hundred and fifty (150) sauare feet of total cumulative sion area is allowed. POLICY AND ADMINISTRATIVE ISSUES (two-month process) ~42. Cfedte an inventory of nor,-conforming_*ns-which_coukkigger_codd compliance_whenabusiness license is issued! (pending) !43. Create- a pamphlet for neW busined§es_to-iricrease-knowledge_and bompliance-with.sign qpdef-- (pending adoption of revisions) ~44. Enforce the existing prohibition of off-Dremise real estate signs, with 84 pxception for open house directional signs during the actual gpenhoustevent occupied by tile agent, representative-or owneb (see page-165, (Administrative step) a. An open house slan associated with the property for sale mav only be 0 displayed beginning up to one (1) hour before the start of the open house, and Page 15 of 16 must be removed no later than one (1 ) hour after the conclusion of the open house. 115. Enforce the existiog-prohibitibn_of.gfER-remise.signs: (Administrative step) ~6. Rest[Pcturdlee_schedule fortemaorary banners! . (Administrative step) 4. L 0 . ..M'. , 1 f U i I L 4. 0 Page 16 of 16 4 WORKING DRAFT User Notes and Explanations: This document is a compilation of all of the sign code revisions (including deleted text). The neW text is underlined in blue. Each revision is followed by a numeric code highlighted in yellow. This numeric code refers back to the specifie numbered objective found in the "Sign Code Task Force Summary of Objectives" document. Chapter 17.66 Signs /73 17.66.010 Title. This Chapter shall be known and cited as the "Town of Estes Park Sign Code." (Ord. 11-76 §2(part), 1976; Ord. 17-02 §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 byproviding for uniform control of signs. It is the intent of the regulations set forth in this Chapter to: (1) Recognize that signs are a necessary means of visual communication for the convenience ofthe public; (2) Recognize and ensure the right of those concerned to identify businesses, services and other activities by the use of signs; (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 unsafe, obscure the vision of motorists and/or compete or conflict with necessary traffic signals and warning signs; 0 Page 1 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC (5) Recognize that the ©limiijolion of existing sigto that arc not in conformance with the ~ provigions of this Choptcr io licce:}stiry to the public safety and welfarc and to the protection offe vioual environment. (Or'd. 1 1 76-§2(pArt), 1976; Ord. 15 97,1997; Ord. 17 02 §1(part).2002) 0] (5) Provide for the uniform regulation of both commercial sims and non-commercial signs in the same manner. 17.66.030 Scope and application of this Chapter. The provisions of this Chapter shall apply to the display, construction, erection, alteration, use, location and maintenance of all signs within the Town, and it is unlawful hereafter to display, conitruct, erect, alter, use or maintain any sign except in* conformance with the provisions of this Chapter. (Ord. 11-76 §2(part), 1976; Ord. 17-02 §1(part),2002) 17.66.040 Definitions. As used in this Chapter; the following words and phrases are defined as follows: (1) Area ofa sign means the area of the smallest regular geometric symbol encompassing all the informative features ofthe sign, including copy, insignia, background and borders. (2) Awning means a mevable shelter supported entirely from the exterior wall of a building und of o type which can be retracted, fold€-~r collop=od against the fcc© of the supponing building; or a covered =pacc framod"structure. [19] (3) Building Code means the latest edition of the Building Code, as amended and adopted by 0 the Town. (4) Building inspector means the officer or other person charged with the administratioh and enforcement of this Chapter, or his or her duly authorized deputy. I I (5) 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 grAnd. 1 1 (6) 'Face 'or waN of building means the general outet surface of any main exterior wall or foundation wall of the building, including windows and storefront. (7) Fldg nicano the flug, p©nnant or Enoitn *of any notion, orgonifation or na(icn~ptate, county, city. religiouo, civic, charimblc or fmicrnal orgonizo'tion. or educational inotilation: [8] (8) r- Frontagi, building means the horizontal, linear dimension 6f that exterior side of a building which abuts a street, a parking area, a mall or other circulhtion area open to the general public; and has either a main window display of the enterprise or a public entrance to the building. Where more thkn one (1) use occupies a building, each such uke hhving an exterior public entrance or exterior main window'display for its exclusive use shall be considered to have its own building ,/Pontage, which shall be the front width ofthe 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. Page 2 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC r N (10) Height means the vertical distance measured from the elevation of the nearest sidewalk (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 3 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC Oncluding fluorescent, LED. BIand neon tubing) which is effectively visible as a part of the sign, where light travels directly ftom the source to the viewer's eye. (12) IUumination, indirect means lighung by means of a light source which is "directed at a reflecting surface in such a way as to illuminate the sign from the front, or a light source which is primarily designed to illuminat6 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 having a translucent background, silhouetting opaque letters or designs, or which is within letters 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 means and includes any devices or method of producing light, including neon, fluorescent, LED, Bjor similar tube lighting, incandescent bulb and any reflecting surface 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 sidn to highlight specific elements of the sign. (17) Lighting neon moons any method o f lighting using noon tuboo in a mannerih which the 44...be-eal,·be·seen: tij 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. (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 CODY to identifv a new business where the change is made to an existing permitted joint identification sign panel thatris to remaid in place. The replacing or repairing of a sign or sign structure which remains structurallv souni 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 by an act of God or violent accident.[14] (20) Afarqucc moons a permlently roofed etructure attached to ond supported by a building. and projecting from the building:Pol (21) National Electrical Code means the latest edition of the National Electrical Code, published by the National Fire Protection Association, as amended and adopted by the Town. (22) Roof means the cover of any building, including the eaves and similar p#Weete proiections. (23) Roofhne 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 r Page 4 of 36 Sign Code Amendments, DmR #4,07-22-2010 CDC .. highest point on any parapet wall, provided that the porapet walt elitends around the entire pe,wnetepeF+Ne··building.[#] (24) Sign means any writing, pictorial representation, decoration (including any material used to differentiate sign copy from its background), fomi, emblem or trademark, flag or banner, mural, er outdoor display of merchandise to attract business, or any other display of similar character containing either commercial content or non-commercial content which:Dll a. Is a structure or any part thereof (including the roofor 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 ef,announcement or non-commercial communication. (25) Sign jace 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 pu<pose 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, construction or other improvement of a property by a builder, contractor or other person furnishing services, materials or labor to the premises, For thc purposes of this Chopy. 0 Con:,truction sign shall not bc construed to bc n real CStata Sign 03 dofinod in this Section.[8] c. Directional sign means a sign erected by the Town or other governmental agencies, or a sign erected by permission of the Town, diacting 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 created 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 ground signs. f. Ident#tation sign means and includes any ofthe following: 1. A nameplate which establishes the identity of an occupant by listing his or her name and business or professional title; Page 5 of36 Sign Code Amendments, DroR #4,07-22-2010 CDC 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 nan]eplate and street address; .¥g , r 4.. A sign which identifies an area in the Town which, by reason ofdevelopment, natural features, historical occurrences or common references, has or will become a landmark in the Town; and 5. A commemorative sign, such as a cornerstone, memorial or plague, when such is cut into a masonry surface or constructed ofbronze or other incombustible materialand is made , an ilitegral part of the structure. g. Joint iden##cation sign means a sign which serves as common or collective identification for two (25 or more uses on the same lot. h. Marquce :ign mcom o sign depicted ubon,'attached to or Gui®ortidby o morquec n, deine*in4hi,Seetient®j i. 00*remises adver#sing sign means any off-premises sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than' on the same lot or within the same building upon which such sign is located. j. Portable.sign means a sign which is not attached to'the'ground, a building, or other (3 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 whold or in part twelve (12) inches or more horizontally beyond the surface of the buildEg to which the sign is attached, but doci not include a morquco sign as defined intifis SEction.[20j 2 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. & .t m. Roof sign means a sign painted on the roof of a building; supported by poles, uprights or braces extending fium the roof of a building or-projecting above the roof line dr a bitilding, but does not include a'sign projecting from or attached t6 a wall as fennitted by this Chapter..(See wall sign) n. Suspended sign means a sign suspended from the ceiling of an arcade, marquee or canopy. o. Temporao, 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. f p. Vehicle-mounted sign means a sign displayed upon a trailer, van, truck, automobiles bus, railroad car, tractor, semi-trailer or other vehicle, whether or not such vehicle is in operating ~'~h~ condition. 1-/ Page 6 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC 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 ofthe 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 wa# sign, and shall be regulated as such. s. »ind sign means a sign ,consisting of one (1) or morepennants, ribbons, spinners, streamers orcaptive balloons, or other objects or materials fastened in such·a manner as to 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. •., I I t. Window sign means a sign which is painted on, applied or attached to, or located within three (3) feet of, the interior ofa 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 included as part of a window sign. u. Outdoor- display Of merchandisc to attract businc,3 monnb the outdoor dioplay ef merchandise offered for onie whcrc ouch outdoor disploy is loontod with thc.primory,purpooo ef altracting attention of poosing motdrists or ped=trians, and where tho display ia-moved indoors at the clouo of business daily. and .thcreforc dooo not constitute ocooonal Or permanent occessofy ewidee-ge.03 .. 3, (27) Sign structure means any supports, uprights, braces or frameworks of a sign, (28) Signs, number of For the purpose of determining the number ofsigns, a sign shall be considered to be a single display surface or display device containing elements clearly organized, related and composed to form a unit. Where sign elements are displayed in an unrelated or random manner, each element shall be considered to be a single sign. (Ord. 11-76 §2(part), 1976; Ord. 25-76 §1, 1976; Ord. 21-82 §1(E), 1982; Ord. 15-97, 1997; Ord. 17-02 §1(part),2002) 17.66.050 Exemptions Except as specifically provided herein. the following may be erected without a sign permit. These exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site. 28] 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 requifed 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. ©1 Page 7 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC . (3) Flags, limited to three (3) flags per lot. The maximum individual size of a pelmanently displayed Ame~ieen flag, Colorodo flag and official Tbwn of Eotco Park flag shall be three (3) feet bv five (5) feet when hune from'a building. or five (5) feet bv seven (7) feet when hung from a flag Dole:, Cblorodo fing and official Town of Estes Potk fing oholl be forty (10) 04'uorc fcct. The maxiniurA individual size of 011 dtherpcrmancntly di®laycd flags shall bcliftocn (151 thirty (30) squefe-fee.-Flags identifying h commercial enterprise or other place of business shall be included in computatian of maximum allowable sign area and shall'be further subiect t6 those limitations. + *39 (4) Temporary decorations or displays, when such are clearly incidehtal to and are euetemenly end- commonly associated with any national:·elmeAeeeker-relig;eus holiday*«leb,atien. [411] (5) Temporary or permanent signs erected by the Town, public utility companies or construction companies to wam of danger or hazardous conditions, including signs indicating the presende of uhderground cables, gas lines arid similar devices. 1 . ''- I (6) Merchandise, pictures ot models of projects or services which are ihcorporated as an integral part of a window display, where all such items displayed are located within the interior of the building where the business is located. (7) Signs displayed on trucks, buses, trailers or other vehicles which are being operated or stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, rental trucks and trailers and the like, provided that the primary purpose of such vehicles is not for the display bf signs, and provided ~-\~ that they are parked or stored in areas appropriate to their use as vehicles. I .. .1 ... (8) All "open," "vacancy" and "no vacanpy" signs and signs designed to indicate vacancy, . such'as?"yes," "no" and "sorry," u·hether thcy-cro noti illmnindted, intofnally illun*natcd,, ' iftdirectly'illtlmifiotcd or directly illumincied signs, prov@0 that the area of. th€ sign does not ekceed w,e·an6·ene-hMHM> four (4) squafe feet per face.[§] . 4, 4 4 +71 . 4 . (9)< Displays of string liihts, provided that they are: + a. Decorative displays which only outline or highlight landscaping or architectural fdatures of a building, and are not placed on or used to outline signs, sign supports, awnings-aed;ef eenepies; or assembled or arranged to convg messages, words, commercial advertisetilents, I I 1. slogans and logos;'Iii -, I .t , I. ¥ -I b. No greater in intensity thap five (5) *atts. add are steady,buming. dieer, nemeele,ed bulb lights. No blinking, flishing or intermittdnt changes~ iN intensity or rotating shall be perp~iqe* Bi - . . (10) Signs displayed on motor vehicles providing ,public transportation, provided that they conform to the following requirements: , ., a. The signs are Rat and do not project more than four (4) inches from the surface of the motor vehicle. b. No moro than anc third (14) of the surface'orca of the vehicle is covored by the jigno gerfocb orb :hall not include the roof, wheels, lithts und/or undercorriogo ofthe vehicle.t391 0 Page 8 of 36 Sign Code Amendments, Draft #4, 07-22-2010 CDC c. The signs shall not be. prohibited signs as more specifically set forth in Section 17.66.060. d. Motor vehicle providingpubtic transportation is a motor vehicle operated pursuant to a certificate of public convenience and necessity to operate as a common carrier for hire for the transportation of passengers and their .baggage, on schedule, issued by the Public Utilities Commission of the State. 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 peruse or per building, whichever is the greater number. (12) Temporary nonilluminated real estate signs which do not exceed 98*-463 nine (9) TE}] square 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 Drovertv for sale mav onlv 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 ofthe open house. b. An onen house sign mav only be displayed between 8:00AM and 8:00PM each dav. 43 - c. An open house sign mav not be displayed for more than three (3) consecutive days. [44] (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 fice 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 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. 0 Page 9 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC c. Such signs shall not exceed four (4) square feet in total surface area per sign when 0 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,gand 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 interpteted to include such signs as "no smoking," "rest room, „„ no solicitors, „" self-service"-land similar inforinational signs.) (18) Signs which identiff 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. 3 (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. (20) Temporarv Snecial Event Posters that do not exceed two (2) square feet in size limited to one ( 1) such sign Der event perpremise, (20) Tat or copy'changes on signs spccifically, designed to permit changes oflhc text or copy theree€-Ifi ~ (21) A sign, which docs not ciccecd six (6) square fcct per face or twelve (12) square fcct in total surface drca; limited to six (6) fect in height and limited to one (1)/uch Jign per lot and which doci not propoic, concern„reflect or promote o cbmincrcial purpoic. [s] 1 (22) Vending machine signs, provided that such signs are limited to the product being ven(led. (Ord. 11-76 §2(part), 1976; Ord. 36-76 §1, 1976; Ord. 17-80 §1, 1980; Ord:21-82 §HA), (B) and (C), 1982; Ord. 1-87 §1, 1987;k Ord: 6-87 §1, 1987; Ord. 15-97, 1997; Ord. 17-02 §1(part), 2002; Ord. 17-07 §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 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; 1 (2) Signs with optical illusion of movement by means of a designwhich presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy; 0 Page 10 of36 Sign Code Amendments, Draft #4, 07-22-2010 CDC 0 (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) Stringi of light bulbs used in connection with commercial premiscs for oomincrcial purposes, other than traditional holiday decomtions except 03 provided in Subsection 4.?.66.050(9* [8,1~] (5) Wind signs; (6) Signs which incorporate projected images, emit any sound which is intended to attract attention or involve the use of live animals; (7) Any sign which is installed or erected in or projects into or over any public right-of-way, except in the case of a sign for which a permit has been issued in conformance with ~ the requirements of this Chapter; (8) Signs not permanently affixed or attached to the ground or to a permanent structure, (for example, bennee, sandwich boards and handheld signs). Temporary real estate signs attached to posts driven into the ground and temporary safety 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 b. Creates an unsafe distraction for motor vehicle operators, or c. Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare; (11) Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way; (12) Roof signs, except as specifically permitted by Section 17.66.110; (13) Off-premises advertising signs, except as specifically permitted bv Chanter (# TBD for Town Approved Special Events Chaptert (14) Signs with commercial content not pertinent and or not clearly related to the principal 0 permitted use on the property where located;, except for temporary political signs, as permitted Page 11 of36 Sign Code Amendments, Diaft #4,07-22-2010 CDC . and regulated by Section 17.66:070, and encept fdr oigno permitted under the pro©ioions of 82ption 4-/ 4466rt-307 (15) -Encopt as provided in Subsection 17.66.050(8), any sign having direct illumiMfion, including but not jimited to :ioible noon tubing. (Ord. 17 02 §1{Pott), 2002)181 17.66.070 Temporary signs. Temporary signs in all zoning districts shall be subject to the following specific requirements: 4. I Temporary real estate signs no larger than nine (9) square feet per face shallbe exempt from anv permit for a Deriod of one (1) vear. All other temporarv signs shall be allowed for aperiod of ninetv (90) davs without a Dermit. Temborarv si,ms:intended td bedisolived for a period longer than ninetv (902'dhvs are required to obtain a permit and ~shall identiN the loneer time period on the Dermit. t12,®1 (1) Construction'signA. Signs advertising subdivision, development, construction or other improvements of a property thall be permitted in any zoning district add shall comply*with the following: , I : M a. Such signs shall be limited to freestanding, wall or window signs, shall not ekceed thirty siM (36) square feet in total orca nor eighteen (18) thirty two (32) square feet per face, and shall not exceed twelve (12) feet in height. No riders or attachments tb such signs shall be permitted. For rcsidentiol developments consisting of five (5) dwelling units or less. the maximbm oroo pennitted for o oonotruction sign shall bo three'(3) square fdbt per face for each U Ir - dwclling unit being constructed.fiji b. Construdtion signs shall be *displayed oAly on the property to which the sign pertains, One (1) such sign shall be permitted for each street upon which the propertypither has frontage or has an entrance from a mEjor thoroughfare; providdd that the minitnum distance between signs on any single development shall be one thousand (1,000) feet. '4U. ./. c. In case of a subdivision, construction signs shali not be displafd prior to the date of eftieial-Aling recordation of the final subdivisionplat. [23] d. In other cases, such signs may be displayed for the duration<Rf construction until issuanck of a certificate of occ®ancy. (25 Election signs. Those :igns conocrning issues ahd Undidatco in'forthcoming olcctiong shall bd removed by thE' person plocing or crecting them 'or by {h¢ 68&1pidr bf the *rerniots on which they arc located within ten (10)'days following thc election' fo Which they pertain 66£:1 tile oign conveys some other or further idcologifol mctogc or hot oomo other or further idfologloal 4 4 " significance. Election s:gn& shall bc restricted td o maKimum size of four (1) square fcct in 01! L, rcidential districts and c maximum oizc of one hundred fifty (150) squore feR in oil other districts. (Ord. 11 76 §2(part), 1076; Ord. 21 82 §1(M), 1982; Ord. 17 02 §1*ort), 2002) (3) Temporary banners. See 17.89. -4 ' 0 Page 12 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC L/ 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 combinati6ns thereof, shall be used. (2) In the case of an irregularly shaped sign or a sign with letters and/or symbols directly affixed to or painted on the wall of a building, the area of the sign shall be the entire area within a single continuous perimeter ofnot more than eigh6684 twelve ( 12) straight or radial lines enclosing the extreme liniits of writing, representation, emblem or any figure of similar character, together with any material or color forming an integral part or background of the display or used to differentiate such sign from the backdrop or structure against which it is placed:mj (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 (5056) of the sign face, or b) is made an integral part or backgiound of the display shall be included in computing the total sign area. (4) Where a sign has two (2) or more display faces and is not a double-faced sign, the area of 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 regulation, a figure shall be considered to have not less than one (1) nor more than four (4) sides. Il?1~9-sheW-·be-the method used to colculoto the orca of "outdoor displays of merchandise to attract buoincos" and ether three dimensional figures or displays that arc to bc considered in thc total allowable Gignage eeleulatien:MI (7) Building frontage used as the basis of determining permitted sign area for one (1) use shall not be used again as the basis for determining the permitted sign area for a different use. Nothing in this Subsection shall be construed to prohibit the additional building or use from erecting a sign which would otherwise be authorized by the provisions of this Chapter. (8) 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 §2(part), 1976; Ord. 21-82 §1(K), 1982; Ord. 17-02 §1(part),2002) Page 13 of36 Sign Code Amendments, Draft #4,07-22-20 10 CDC . 17.66.090 General regulations. ~~~~ Anv sign allowed herein mav cohtaiA. in lieu of anv other message, or copv. anv lawful. non- commerdial message. so long as the sign conmlies with the size and height area. and other requirements. [4 Simis containing non-Zommercial content are subiect to this sign code in the samd 1 manner as signs that have commercial content, including without limitation permitting, sizd ind location regulationsi (a) Signs at street intersections. On comor loto, no sign of sign otructuro t;ctwocn 6 height of two ond oncLholft.5) fect and (En (10) fed 06ove the street olovation (other tlid' c pole twelve [12} oquorc inches or lc)% in crooo jectional arca) sholl bc er,:c~cd within thc following describc@ arco: the intdrior tri#glc 'formcil by th© right of way lines ift sudh'comer lot:)'ond o~straight linc joining the righz-of way lino at poinio wlholi arc tliirfy (30) fect from the intcrdection of thc right of way linco. 0 This regulation 011611 apply to all signs except v.'all oigno. Shall be located in conformance with Appendix D. Section IV. Intersection and Drivewa4 Visibilit¥ of the EstesL Valle,i Development god¢[25] f ' (b) Illumination. Illuminated signs shall be subject to the following conditions: (1) .Any light uoed for the illumination of a sign dholl bhhicldcd gofat the bcamo or ral/j of light will not shine diredtly beyond the lot upo?i which the sign is loooted.[6] . .1 ' m a. Neither the direct nor the reflected light fivm anv light source shall creat€ a traffic hazard or distraction to operators of motor vehicles on public thorouRbfares: - i r. b. The light from an4illuminated sign shall not be of an intensity dr brightness that will create a negatiVe impact on adjacent uses in direct line-of-sight to the sign. c. External liezht sources shall be directed andshielded to limit direct illumination of an¥ object i other than the sign. d. In no case. with all lighting components energized. shall the liehting'intensitv of anv sign, wheth& -resulting/from internal or external illumination. exceed sixtv £ (60) foot candles when measured with a standard light meter held at a distance of ten inches' from the sign face. / 1 e. Sims shall not have exoosed neon tubes. fluorescent tubes or incandescent bulbs exceeding fifteen (15) watts, a 4 £ Maximum brightness de<;els' for ' electronic reader boards shall not exceed 4.000 nits when measured frdm the sign's face at its maximum brightness during daylight hours and 400 nits when measured from the sid's face at its maximum brightness between dusk and dawn. g. 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 anv twenty-four (241 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 anvthina other than a steady. continuous burning bulb or lights. Flashing. blinking. oscillating. rotatiner or intermittent turning on-and-off of any illuminating device r-; Page 14 of 36 Sign Code Amendments, Draft#4,07-22-2010 CDC U is prohibited. Time/weather informational siens and official warning and regulatory signs erected bv the Town or State are exempt from this regulation. [6,7] (3) Signs in commercial and restricted industrial zoning districts may be indirectly. directlv or internally illuminated.31 · I t. (c) Signs on fences and freestanding walls. Signs displayed upon fences or upon hestanding walls shall be erected or mounted in a plan6 parallel to tlie fetice or wall, and shall not extend above the top of the fence or wall nor project inore ihan twel*e (12) inches frointhe' fa66 of the fence br wall. Such signs shall be subject to all regulations of this Chapter applicable to freestanding signs, including but not limited to maximum area per sign, maximum sign height, minimum setback from property lines and number of signs permitted per lot or per premises. (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 an integral feature ofthe street construction plans atthe time of final plat approval. Othe:wise, the sign shall be located a minimum often (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 Coreighteen[18] feet per face). (4) The signs shall only contain the name of the subdivision and not a pictorial representation of the subdivision. (Ord. 11-76 §2(part), 1976; Ord. 25-76 §§2,6, 1976; Ord. 17-80 §2, 1980; Ord. 21-82 §1* and *, 1982; Ord. 15-97,1997; Ord. 17-02 §1(part), 2002) 17.66.100 District sign regulations. (a) Use districts (zoning districts). The use districts, as set forth in this Title and amendments hereto, shall apply to this Chapter. The boundaries of these districts shall be determined by reference to the zoning map of the Estes Valley, to this title and amendments hereto and to sections on interpretation of such maps as may be contained in this Title and amendments hereto. (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 pnovided 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 ofrequirements. The following schedule of"class of sign permitted, " 11 type of sign 0 permitted, . 1, maximum sign area permitted per lot or business, „„ maximum area per sign face," Page 15 of36 Sign Code Amendments, Draft #4.07-22-2010 CDC "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 ofall 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 ene-*undwd-#Ay,two hundred (4-60200) square feet per business.Mi . . 1 . 4 . I I 411, . . ¥ 1 . .1 4 k . . 1/ 1:4 - r *r & 1; I ¥ J ,... K .. 1 4' 4 1 I '.1 11 - .0. ' I , . 1 .C Page 16 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC L.) Schedule of Requirements For all Nonresidenttal Zoning Districts (A, A-4 CD, CO, CH, O, 1-1) €Iess Tvx of Sign 72:tr Maximum Sign Area Maximum Area Per Maximum No. Maximum Permitted Permitted Per Business Sign Face of Signs Height of Permitted Signs All in Subsection +80*Q sf for Suspended: 5 sf Freestanding: 2 25 ft 17.66.040(26), except 4.7*840(26»eept frecstanding.-CZE~RLill per Lot whdividenNE=§&10 subdi¥igH,n·i the CD disttict where Time-temp: 10 sf lignt..BgRudua-low th:.Dmignainima signs ind Off·premiscs - Wasinty·*s 15 sffor projecting 10 sf for suspended (5 per face) 1.5 sfper lf of' frontage (460-2[KI sf max.)for wall signs Temporary Temporary Temporary 12 R Construction: 3612-sf Constmction: 444 12 Construction: 1 sf per street Residential Mul¢1-family (RM, R-1 A-1.t €16$ Tvpe of Sign 4Fypee#Lsign Maximum Sign Area Maximum Area Per Maximum No. Maximum Permitted Pelm¢*ed Permitted Per Lot Sign Face ofSigns Height of Permitted Signs 0 At] in Subsection 1 75 sf for freestanding Suspended: 5 sf Freestanding: 1 811 17.66.040(26),except +4·*,6-040¢26*-ept per Lot sizns:25 ft @u--,ii*r; subdi*440·m:r,r*-9 15 sf for projecting &-(Porlable signs .Roof signs. Vending I O sf for suspended m=hingisM.iind (5 per face) signs and Off.=mises ad]=ising 1.5 sf per if of frontage for wall signs (max. 150 sf) For all Single-family Residential Zoning Distriets (R-1. R. 2-1. E RE. RE-1)* 94*99 Tvoc of Sign Type*Sign Maximum Sign Area Maximum Area Per Maximum No. Maximum Permitted Pe,m,Hed Permitted Per Lot Sign Face of Signs Height of Pennitted Signs All in Subsection 611--6-eelien 4·,-en Atl signs: 2-9 sf 4-lper b.»144 811 17.66.040{26),except 4446.44@Q#.*-eept enly mtid:= sims: 6 ft ge-is,en+jrm~.5 At! signs: 9 sf &24 9 Bulletine board signL iginL@mliimlii!0 i~*6£5~1:.Sigili .age[Aignk.M~ing mighialign=inti signs and Off-premiscs num#zing 0 Page 17 of36 Sign Code Amendments, DraR #4,07-22-2010 CDC i tii.13.23,39,351·*Except for address identification signs not exceeding 4 square feet and subdivision ~ identification signs. signs in Single Family Residential Districts shall not be illuminated in anv manner. A .4 (Ord. 11-76 §2 (part), 1976; Ord. 25-76 §3, 1976; Ord. 8-81 §1, 1981; Ord. 15-97, 1997; Ord. 17-02 §1(part), 2002) 17.66.110 Sign regulations in non-residential zones,A cD. co. cH. o. 1.n. The following regulations shall apply to all uses in non:residential zoning districts. (1) Total allowable sign area. 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 frobtage at ground level, and three-quarters (0.75) square foot per heal foot of second story building frontage. b. The maximum allowabld total cumulative sign area for any one (1) business shall not exceed ene4,undfed-#Ay*·59) two hundred (200)-square feet.mil (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) feet from any building. c. Number: One (1) freestanding sign pet stred frontage or building frontage, not to exceed two (2) per lot.Mil 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 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 N-7 the letters, but no more than twelve (12) inches. .4 Page 18 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC 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 properly line in the Commercial Downtown (CD) Zoning District or eitht (8) feet from property lines in all other zonipg districts, and no closer to a sideline of the building or storefront than to the centerline of the same building or storefront. b. Minimum clearance: Nine (9) feet from the ground to the bottom edge of the sign. c. Maximum height: Eighteen (18) feet. d. Maximumsize: Fifteen (15) square feet per sign face. e. Maximum projection: Four (4) feet. £ Maximum number: One-€0 Two (2) per building bee frontage or per business storefront.1431 (6) Suspended signs: a. &[aximumarea: Five (5) squkrefeet perface, ten (10) square feet total surface area. b. Minimum clearance: Nine (9) feet from the ground to the bottom ed@ of the sign. c. Minimum horizontal separation: Fifteen (15) feet between suspended signs. d. Projection: Shall not project beyond the outside limits of the arcade, canopy or marquee to which they are attached. (7) Wall signs: a. Maximum area: The total area of all wall signs on any face of a building shall not exceed 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 rooftine 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. 0 Page 19 of 36 Sign Code Amendments, Draft #4.07-22-2010 CDC 3. Any sign¤erected Opon the side of a mof having an angle of forty-five degrees (45°) or less froni.vertical shall be considertd a wall sikn, And' shall be subject to the size and height limitations noted under this Subsection. d. Maximum number: 0684 Two (21 wall signi for each face of a business, or Guilding stgrefront (buildind frontage).[4] .. (8)· Joint identifichtion sig,is: r 4 1 a. Type: May be freestanding, projecting or wall. b. Number: Whete' a fieestanding joint identification sign is used, there shall beno otlier freestanding signs permitted on the premises. .r c. Size: In the CD-Downtown Commercial zoning district. where individual silm Danels that are part of a ioint identificatioii sign are notlarger than two §Quire fdet -pEr face then that sign area shall be exeinpt from the total allowable calculation for that business. In all other commercial zoning districts. where individual sign panels that are part "of a joint 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.[21] k, (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 areal provided, however, that any"identification or 0 adveqising attached to or incorponted in such signs shall be included in the total allowable sign area. 1.4 I . 17.66.120 Signregulationsin'residential zones. The followine regulations shall aDpiV'to aft uses in ail residential zoning districts. '7 (11 Total allowable sign area. a. The total area of all signs on anv face of a building shall not exceed one and one-half 7 1.51 Wouare feet per lineal foof of building frontage at ground level. and three*tuarters (0.75) r saUre foot per lineal fodt of second Mon, building frontage. F I . . 4 .9 14 b. The maximum allowable total cumulative sien area for anv one (1) multi-family residential lot shall not exceed seventy five (75) square feet. . c. The maximum allowable total cumulative Sign area for any 'one (1) single-family residential lot shill not exceed nine (9) square feet. C ¢ 1% , -, 1 (21 Lots With multiple frontage. Thetotalarea'ofallsignsonany face ofabuildinishall not exceed oneand one-half (1,5) square feet per lineal foot of building frontage at prouhdlevel, (31 Freestanding signs: Page 20 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC a. Maximum height: twenty-five (25) feet on multi-fhmilv lots. b. Maximum heieht: six (6) feet on single-familv lots. ¢ c. Minimum setback: eieht (8) feet from anv property line. four (4) feet from anv building. d. Number: One (1) freestanding sign per street frontage or building frontage. not to exceed two (21 per lot.[4.81 e..Maximum area: No freestandine sign shall be larger than seventy-five (75) sauare feet on multi-family lots. f. Maximum area: No freestanding sign shall be larger than nine (91 square feet on single- Dmilv lots. (4) Wall siens: a. Maximum area: The total area of all wall signs on anv face of a building shall not exceed one and one-half ( 1.51 square feet ocr lineal foot of building frontage at ground level. and three-quarters (0.75) square foot per lineal foot of second story building fivntage. b. Maximum height: Twentv-five (25) feet above the ground on multi-familv lots. c. Maximum height Six (6) feet above the ground on multi-familv lots. (5) Joint identification signs: a. Tvpe: Mav be freestanding. proiecting or wall. b. Number: Where a freestanding ioint identification sien is used. there shall be no other freestanding signs permitted on the nremises. 17.66.420120 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 Page 21 of 36 Sign Code Amendments, Draft #4.07-22-2010 CDC . 0 loads applied. No anchor or SU0polt 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 ovethead electric conductors which are energized in excessof 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 lhe 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 §2 (part), 1976; Ord. 21-82 §1(N), 1982; Ord. 15-97,1997; Ord. 17-02 §1(part), 2002) 17.66.430119 Nonconforming signs. (a) A nonconforming sign may be continued but it shall not be: (1) Changed to another nonconforming sign. (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 detennined by the building inspector). (D Altered to change the text thereof, except such signs, which have been designed specifically to permit changes of the text. (8) Contiducd to bous©d after tw42) yedrs from the salo of the rcal property Opon which the oign b located, but in no cvctit. morc than six (6) yeot#, six (6) month, from the date thc sign beeeme#eneenfefming- (9) Continued to be uded ofter two (2) ycdrs from the 0010 b f the busihes: which tlib sign cdt·crtiscs, but in no event mord than si}f (0) ycon, six (6) montho from the datc ihc sign bccame nohconforming. Sa/c of *b tjah=fohall inblitdo, but ddt'be limited tbt the *le.of substantially r al) of thc'assets of c busifths. 0 Page 22 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC (b) A nonconforming sign oholl bo brought into.conformonc€ or removed within,thirty (30) days ofthc occurrence of any ofthc cvcnt; ect forth in Subsection (o) above. (Ord.It·76 §2(part), 1976; Ord. 19 80 §1,1980; Ord. 0 El §1.1981: Ord. 15 97,1997:-Ord. 17 02 §1(port), 2002)!m17.66.110150 Permits. (a) Sign permit required: (1) Except as provided in Section 17.66.050, it is unlawful to display, erect, relocate or alter any sign without first filing with the building inspector an application in writing and obtaining a sign pennit. This reguirement for a permit aol)lies to signs with commercial.content and to signs without commercial content. When a sign permit has been issued by the building inspector, it is unlawful to change, modify, alter or otherwise deviate from the terms or conditions of the permit without prior approval of the building inspector. A written record of such approval shall be entered upon the original permit application and maintained in the files ofthebuilding inspector. (2) Application for permit. The application for a sign permit shall be made by the owner or tenant of the property on which the sign.is to be located, or his or her authorized agent. Such applications shall be made in writing on forms furnished by the building inspector and shall be signed by the applicant. The building inspector shall, within seven (7) working days ofthe date of the application, either approve or deny the application or refer the application back to the applicant in any instance where insufficient information has been furnished. (3) Revocation of petmits. If the building inspector finds that work under any pennit issued is not in accordance with the information supplied in the permit application and/or is in violation _p 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 of such work after such notice is received. Thc owner shall have thc right to appedl the decision of the building inspoctor in themanner provided for in fection 17.66.160. (4) Revocation of permits for nonuse. 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 permit issued under this Chapter are suspended for a period of sixty (60) consecutive days, the permit shall automatically become null and void, 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: 0 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; Page 23 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC b. The location, by street address or other location identification acceptable to tHe building a inspector, of the proposed sign stnicture; c. Complete information as required on an application form provided by the building inspector, includidg a site plan and elevation drawings of the proposed sign, caption of the proposed sign, type of proposed illumination and such other, data as ial peninetit to the application; ..9 I 4 d. Plans indicating the scope and structural ddtails of the work to be done, including details · of all connections, guy lines, supports and footings and materials to be used; e ¥ . 1.1 - e., Applichtion for an electricalpermit, and r6quired information for such application, for all electric signs. £ A statement of valuation. . I '' (7) Permit fees. A permit fee shall be paid to the buildid* inspector for each sign permit issued under this Chapter; $rovilicd, tiokcver, thot a fcc shall not be *trted for putting [1 -digr( in 66'nfbrmonce with-thio' Chopter:when ouch oftion. il undertaken voluntarily prior to the c'*imtion ef the upplicable amorti#tich period: or fo'r a copy change when=no change iribusihess n*nid i, inveked.(Ki The permit fee shall bb*sodenty five dolloro ($75.00). Eoid fee does not ittchide cloctrical pbrmit fccs. which shall bc in addition to the permit fuo opEcificd in this Section. A schedule of fees shall be adopt6d fromtime to time bv the Town Board. (8) Inspections. <All signs shall bk subject to inspection-by the building inspector. Footing inspections may be required on the day of excavation for all freestanding signi The building inspector may, within. forty-eight.(48) hours after bding notified 'that the sign is ready for inspection, also require inspection of elebtrical signs'Wore erection. The permit liblder or,his or her agent shall notify the - building inspector when' signs- are complete and ready for final inspection. (Ord. 11-76 §2(part), 1976; Ord. 25-76.§5, 1976; Ord. 15-97, 1997; Ord. 17-02 §1(part), 2002) Section # TBD Community Snecial Events Siens and Stanlev Park Snecial Events Signs , - I Non-Drofit associations or organizations inav submit an' abnlicationfor tenmorarv on-site and temporar, off-premise signage for a communitv,special event where the Drimarv purpose of the event is to raise funds for local charitable purposes: or - LIP 1 p, + 1 Anv orRanization holding' a Town approved cbmniunity special event at the Stdnle¥ Park Fairgrounds may submit mav submit an application for temoorarv on-site and temporarv' off- premise signalze for that event ,Section #TBD) Application for Dermit. 1.:C ; P The applicant shall submit a Mastdr Special Event*Sien'Plan as oart bf the apnlication for a special event permit, , F ' 1 Page 24 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC (Section #TBD) Standards forReview. The Communitv Develooment and Special Events Deoartments shall review the application for compliance with the standards below prior to permit issuance. 1. Zoning Restrictions. Special event signs are allowed within all zoning districts. 2. Design. Fluorescent colors and reflective surfaces are Drohibited on signs. Reflective colored materials that eive the acpearance of changine color are also orohibited. A matte or fiat finish is required for all surfaces. 3. Illumination. Illumination oftemoorarv special event Sims is prohibited. 4. Banners. Banners must comply wilh Chanter 17.89 Tenworarv Banners. 5. Temporarv Off-Premise Sims. a. Anv individual business mav publiclv 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. Special Event oosters. including off-site posters. that do not exceed two (2) sauare feet in size are exempt from any regulation. and mav be freelv disDlaved without prior Town approval. ~3 The sign shall be displayed no more than one (1) month orior to the special event and shhll be removed no later than three (3) davs after the event. b. Staff mav approve four (4) additional off-premise signs not to exceed thirtv-six (36) square feet each upon finding that the signs contribute to the overall festival atmosnhere or theme of the event and that anv commercial advertising messape is subordinate to the event messaEze. The signfs) shall be disolaved no more than one (1) month Drier to the special event and shall be removed no later than three (31 davs after the event. 6. Temporarv On-Premise Signs. a. Limit on Cumulative Sim Area. A maximum of one hundred and fifty (150) sauare feet of total cumulative sign area is allowed. 0 Page 25 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC 0 17.66.4601#Q Special exceptions. 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 siglis of unique design that exhibits a high degree of imagination, 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 overal; image of the Towns while mitigating the impacts of large or unusually designed signs. Additionally. the Creative Sian· Program shall Drovide for increased allowance to the maximum sien area permitted on theat*r marquees signs identifvina films or performances cubently showing in cases where necessarv copy and standard changeable letter sizes clearlv necessitate such an exception. B. ADnlicabilitv. Anv Drovertv owner or business owner in anv zoning district is eligible to applv for a Creative Si*n permit. C. Method of Anglication. An awlication for a Sign Permit under the Creative Sien Program. shall be made on the formfs) prescribed by the Communitv Develooment Department. The ~ aDDIication shall be accompanied bv anv reouired fees, The tequired contents of the application shall be as specified in Section _ (Creative Sign Program), D. Review Procedires. At each level of review or abneal. the decision shall be rendered. in writine. within the time limits set forth herein. The time period begins mnnine when the application is deemed com)lete. or the notice of appeal has been filed. whichever applies. 1. Generallv. a. Notwithstanding anv of the time limits contained in this Section. the · Communitv Develovment Department and the Creative Sien Design Review Board shall endeavor to render decisions in a timely manner. b. Notwithstanding the time limits contained in this Section. the Communitv Development Department and the applicant'may mutuallv aeree to an extension of the time limits. Such extension shall be in writing and shall be for no more than 90 calendar da*s. 2. Completeness Review. a. Unon 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. b. In the event the Community Development Department determines that the application does not include the necessan, information needed to review the Droposal for consistency with this Chapter. the Communitv Development Department shall deem the application incomplete. If the - Page 26 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC . 0 application is incomplete. the applicant shall be notified in writing. The notification shall specify what information is missing. c. In the event the Communitv Development Department determines that the application does include the necessarv information needed to review the proposal for consistency with this Chapter, the Community Development Department shall set a hearinit date no later than sixtv (60) calendar davs from the date of receipt of a complete applietion for the Final Review of the application. 3. Final Hearing and Review. A Creative Sign Dermit amlication shall be subiect to review and aDDroval by the Community Development Director where the cumulative area of the proposed sign(s) is fiftv (501 souare feet or less. or shall be subiect to review and approval bv the Creative Sign Desim Review Board where the cumulative area of the Dronosed siehfs) is lareer 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 Communitv Develooment Director or the Creative Sign Design Review Board shall issue a written finding of aooroval or denial of the anplication within ten (10) calendar davs ofthe Final Hearing and Review. 4. Anpeals. Aopeals by the applicant of the Final Decision of the Communitv Development Director or the Creative Sien Design Review Board shall be heard bv the ToWn Board of Trustees. Appdals must be received in writing within ten (10) calendar davs of the date of denial bv the Community Development Director or the Creative Sign Design Review Board. The hearing of the apeal shall be held within sixty (601 calendar days of receipt of a written anplication and related fee. Written appeals must specifically identify the design standards at issue as the reason for denial of the 3 application. E. Creative Design Standards DesiEn Oualitv. The sign(s) shall:: 1. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surroundine area: 2. Be ofuniaue design. and exhibit a high de,ree of imagination. inventiveness: and 3. Provide strong graohic character through the imaeinative use of araphics. color. texture, qualitv materials. scale. proportion and form: 4. Signs should contribute to the imaae of the communitv bv convevine a distinctive character that convevs a stronv sense of place. Contextual Criteria. The sianfs) shall contain at least one ofthe following elements: 1. Historic design stvle: 2. Positive and creative image reflecting current character of the business: 3. Inventive representation ofthe use. name. orproducts of the business. Architectuml Criteria. The sign(s) shall: 1. Utilize or enhance the architectural elements of the buildine: and Page 27 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC 'C/-7 2. Be placed in a logical lodation in relation to the overall composition of the building's fEades 3. Be integrated within and not cover anv kev architectural features and details of the building facade. 4. Architectural Stvle. Each sign shall be designed to be comoatible with and relate to the architectural style of the main· building or buildings upon the site where such sign is located. 5. RelationshiD to Buildings. Signs located unon a lot with one main huilding or several buildings shall be desiened to incornorate at least one of the predominant visual elements bf such buildina or buildings. such as the tvDe of construction materials. color. or other design detail. 6. C61or. The color(s) of a signshould be harmonious and complementarv to the colors of the building on or near whichit is to be located. 7. Sien Materials. The goal of sign design is to maintain attractive and compatible stvling so as not to conflict or distract from the architectural character of the area. The choice of materials and the worldhanship in the use of the materials should convey both a sense of qualitv and creativity. 8. Multiple Silms. Where more than one sign is Droposed:'all signs shall have designs that incorporate the followine! desien elements in a compatible and coordinated fashion. a. Letter st¥le of copv: b. Shape of total sign and related comnonents: c.'Type of construction materials; ~~~1 d..lighting, e. Method used for suDDorting sign (e.2.. wall or gtound basd). 9. Wall siens should be located on the upper portion of the first floor storefront and should be centered within an area uninterrunted bv doors. windows. or architectural details., 10. To convey a subtle appbarance. the use of back-lit or reverse channel letters with halo illumination rather than internally-lit signs are encouraged.t Neighborhood Impacts. 1. The sign shall be located and designdd not to create glare on neighboring uses. , 1% 9 -4, 2. Constitute a substantial aesthetic imorovement to the site and shall rhave a Dositive visual imnact on the surrounding area: 3. Provide strong iuaphic character through the imaginative use of graohics. color. texture. qualitv materials. scale. and pmportion. F. Creative Sien Design Review Board The Town Board of Trustees shall. as needed from time to time. appoint members to serve on the Creative Sien Desian 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 or other desien professiohal and two Town Trustees. 0 Page 28 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC Members shall serve staggered terms of three (31 years and shall be appointed bv the Mavor and be confirmed bv the Town Board (a) Intent. It io the intent of this Chapter to provide c means of review and approval of opocial cxcoptiono to the provioions of this Chapter, whereby specified deviations from the general oign fegulations may bo allowed. provided that the proposed size, location and design of ouch Jigno are compatible with their surroundings and comistent with thc general intent of thio Chapter. (b) Scope - signs requiring special exceptiono. The provisions of thic Soction shall apply to the felle-teg-e,teeptien96 (1) To the maximum allowable Jign orco for frocstanding identification oigni of o low profile, planter type design, when ouch eigns ore located in commcroiol and restricted industrial zoning districti and arc designed to complement thc orchitcbtufal 't*c of the building.to which they cre oppurtonont; and whon such signs contain no copy other than the name and/or stroct address of thcuoc beint identified and/or a logo type oymbol or trodemorkt (2) To 1hc maximum sign aroa permitted on theater marquccs identifying in cosco where ncoccoary copy and standard chong©able letter jize, clearly neccositate ouoh on exception; FT] (3) To ~ormit the* oroction of oolloctivo idcntificotion or directory signs showing tho nomco 73 and locationd of varioub civic or religious organization'= in tho communify when such signs are not locatcd on thcprciniscs of the uics bciAg nakncd, but oro ploccd adjacent to major thoroughfures (1) To permit th: crection of kiosks or jimilor structurco and the display thereon of signs, postcro, notices, ctc., when ouoh structures arc locatod within primarily pedestrian oriented oirculotion arcos. Such structures shall be permitted only in cornmcrciol ond restricted industrial zoning dijtricti, or within pltinned unit devclopmchtj: fo) Application. Application for approval of a sign permitted 00 a special exception shall be filed in occordance with this Section. Eoch application shall be nooomponiod by an application foe of enc hundred fifty dollars ($150.00) to cover thc costs ofprocosing and publication. Said fcc oholl be in addition to the sign pcnnit fcc required in Section 17.66.110: (1) Thc Estes Valloy Plarming Commission shall hn:'c jurisdiotion to hear 011 applicotions for special exceptiono. No special exception shall bc gronted unless thc propoocd sign and/or sign structure mocm coch and cvcry one ofthc following requirements: a. The proposed oign will not bc contrary to the intent of thi:) Chapter. os declared in Section 17.€929: b, Thc proposed sign will bo in accordance with the intent of this Section. as stated herein: e. Thc proposed sign will comply with oll applicable provision: ofthis Chapter, unless any such provisiono arc c,lprcooly permitted to be varied by thc opccial exception prooedurc: 0 Page 29 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC . d. The propoood jign -io reasohably ncocooary and the degree of the oxception is the ~ minimum necessary to accbmplioli the,purpose ofthc Jign iticlf; and o. The proposed sign will not rcoult in adveroe effects upon neighboring properties. or the health, onfoty and goncibl wolforo oftho public. (2) Aftcr hearing the application. the Eotcs Valley Planning Commiosion shall moke iti findings, which ohall bo recorded in the official minutes ofthc meeting, either: d. Granting the proposlcd application in whole or in part, with or without modificationo or b. Denying the application. (Ord. 11 76 §2(port), 1976: Ord. 11 87 §1.1987: Ord. 15 97. 1997; Ord. 17 02 §1(port), 2002) 17.66.*601ZQ Appeals and variances. (a) Appeal to and request for variance from the Staff or the Estes Valley Board of Adjustment.(3] (1) Any aggrieved person who believes the alleged violation as contained in the order of the building inspector is factually or legally contrary to the provisions of this Chapter may appeal the same to the Estes Valley Board of Adjustment, hereinafter referred to as the "Board," in a manner provided by such Board. In the alternative, an aggrieved person may request that the Board grant a variance from the requirements ofthis Chapter. The filing of such request shall be in the manner ~~~) provided by the Board. (2) Any aggrieved person may also appeal to the Board any decision or ruling of the building inspector involving the interpretation of any provision or term of this Chapter. (3) Any provision in this Section to the contrary notwithstanding, no person may appeal to or request a variance from the Board of Adjustment when the building inspector has made a determination that the person is in violation of Section 17.66.100. (b) Procedure for filing appeal. (1) Every appeal from an order of the building inspector shall be filed within ten (10) days from the date of such order. The Board shall have no jurisdiction to hear any appeal not brought within ten (10) days from the date of such order. (21 The fcc for filing an o[*col, or Croquest for a voriance, or thc two (2) in iho altemative; shall bo one hundred fifty dollars (S 150.00). Minor Modifications from General Sien Standards. a. Staff Authority to Grant Minor Modifications. Staff mav grant minor modifications up to a maximum of ten percent (10%) from the followinB Reneral sign standards. provided that the Staff finds that such modification advances the goals and purposes of this Code and either results in reduction of visual clutter or results in more effective wav finding. or relieves practical difficulties on the site: Page 30 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC (11 setback requirements; (2) specific sign size restrictions provided the cumulative site total remains in compliance: or f (3) Other dimensional and temporal standards contained herein. iii , r (c) Variances. In every case in whicha request for a variance from the requirements of this Chapter has been filed, the Board shall not grant a variance unless it specifically finds each and every one of the following conditions to exist: (1) There are special circumstances or conditions, such as the existence of buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent public right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions must be particular to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. (2) The variance would be in general harmony with the purposes of this Chapter, and specifically would not be injurious to the neighborhood in which the business or enterprise to which the applicant desires to draw attention is located. (3) The variance is the minimum one necessary to permit the applicant to reasonably draw attention to this business or enterprise. 7-1\ (d) No variance for maximum sign area on a lot or building. Other provisions ofthis Section to the contrary notwithstanding, the Board shall not have any jurisdiction to hear, nor the authority to grant, any vadance from any Section of this Chapter which limits the maximum permitted sign area 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 purposes of this Chapter. (Ord. 11-76 §2(part), 1976; Ord. 25-76 §8, 1976; Ord. 21-82 §1(01 1982; Ord. 14-87 §2,1987; Ord. 15-97, 1997; Ord. 17-02 §1(part), 2002) 17.66.440112 Enforcement The provisions of this Chapter shall be subject to enforcement and penalties as set forth in Ghepter 12 of the Estes Valley Development Code Chapter 1 of the Estes Park Municipal Code. 61 (Ord. 11- 76 §2(part), 1976; Ord. 25-76 §7, 1976; Ord, 21-82 §1*), 1982; Ord. 15-97, 1997; Ord. 17-02 §1(part), 2002) 17.66.4*120 What constitutes a violation. It is a violation of this Chapter for any person to perform, or order the performance of, any act which is contrary to the provisions of this Chapter, or to fail to perform any act which is required by the provisions of this Chapter. In the case of a continuing violation, each twenty-four-hour period in which the violation exists constitutes a separate violation. (Ord. 11-76 §2(part), 1976; Ord. 17-02 §1(part), 2002) 0 Page 31 of 36 Sign Code Amendments, Draft #4.07-22-2010 CDC - 4 , 17.66.490299 Application of the laws. If any of the provisions of this Chapter are inconsistent with the provisions of any otlier 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 §2(part), 1976; Ord. 17-02 §1(part), 2002) .... r 5 1 ,< t. 2 ' * Ir.,. ./ i ./ % '1 i N 1 - ¥ I. I M 2 A. b e I 4 ¥ E. 91 . 4 4 . 1 % 4 4 h ™ a , 19. 0 2 1 K 1 1 t r 1 - ; 4 CD Page 32 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC . 0 Chapter 17.88 Town Sponsored Events 17.88.010 Definition of Town Spomored 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 Sponsored Events. 17.88.020 Location ofTSE Banners. Banners may be placed at the following designated locations within the Town, pursuant to the provisions of Section -14:66.059 17.66.060 ofthis Code: (1) On the east side of the Visitor Cabin in Bond Park, four (4) feet by eight (8) feet 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 §1, 1997; Ord. 17-02 §1, 2002; Ord. 9-07 §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 §1,199D 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 §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§1,1997) 17.88.060 Number of locations. The Ghembep·eAL..... e-Convention and Visitor Center Building location listed at Subsection 44·86:GH*M 17.88.020(3)above shall be terminated when the site listed at Subsection 44,88:Gwt@4 17.88.020(2) is available, for a maximum of two (2) designated banner locations. (Ord. 6-97, 1997) 0 Page 33 of 36 Sign Code Amendments, Draft #4,07-22-2010 CDC . Chapter 17.89 Temporary Banners 17.89.010 Definition. Temporary Banners are signs consistin& 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 coperciblmessage 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 excludes Town Sponsored Event Banners as provided for in Chapter 17.88. 17.89.020 Temporary banner permit required. r 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. , 17.89.030 Number of Permits Granted. A single entity may apply for up to four temporary banner permits in a calendar year. No Siligle entitymay hold more than one active temporary banner permit at a time on the same site. except as provided for in Section #TBb (reference communitv SDecial events/Stanley PArk section), 17.89.040 Time Displayed. ¢ ExceDt as provided for in Section #TBD (reference conununitv special events/Stanley Park section), A temporary bahnet 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 sigh, ata maximum height of 20ft. abo,id existing grade as measured to the highest point of the temporary banner. 17.89.060 Number, Size and Shape. In 011 zoning districts except CD·'Commercial Downtown aA Temporary Banner Permit allows the use of one (1) temporary banner per lot or bu;iness. In all zoninR districts except CD-Commercial Downtown Temporary banners shall not exceed thirty-two 02) square feet in area on any single side or sixty-foub - (64) square feet in cumulative area, and shall not exceed six (6) feet in vertical dimension. In the CD-Commercial Downiown zoning district thid code allows one (1) banner per lot with a maxihium alloWable dize 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 fom the cumulative sign area calculations and limitations found in section 17.66.110. .--3 Page 34 of36 Sign Code Amendments, Dmft #4,07-22-2010 CDC . 0 73 0 Page 35 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC 17.89.070 Temporary Banner Removal. Banners shall be removed by the applicant within twenty-four hours of the expiration of the 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. 0 0 Page 36 of36 Sign Code Amendments, Draft #4,07-22-2010 CDC . 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 §2(part), 1976; Ord. 17-02 §1(part), 2002) 17.66.020 Intent and purpose. Ihe purpose of this Chapter is to protect the health, safety and welfare of the citizens by providing for uniform control of signs. [t is the intent of the regulations set forth in this Chapter to: ( 1) Recognize that signs are a necessary means of visual communication for the convenience of the public; (2) Recognize and ensure the right of those concerned to identify businesses, services and other activities by the use of signs; (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 unsafe, obscure the vision of motorists and/or compete or conflict with necessary traffic signals and warning signs; (5) (5) Provide for the uniform regulation of both commercial signs and non-commercial signs in the same manner. 17.66.030 Scope and application of this Chapter. The provisions of this Chapter shall apply to the display, construction, erection, alteration, use, location and maintenance of all signs within the Town, and it is unlawful hereafter to display, construct, erect, alter, use or maintain any sign except in conformance with the provisions of this Chapter. (Ord. 11 -76 §2(part), 1976; Ord. 17-02 §1(part), 2002) 17.66.040 Definitions. As used in this Chapter, the following words and phrases are defined as follows: 01 Area of a sign means the area of the smallest geometric symbol encompassing all the informative features of the sign, including copy, insignia, background and borders within a polygon not exceeding twelve Page 1 of47 Sign Code Amendments, Draft #2,04-01-2010 ' 9. p.- e. 6, , 9~1„1414<*(~~Wht ~ t.% , 4 . ./ - 3/3 tr: / 4 - A Y , - 9 -; 6/ . . , I.r,vi//u, , - ~,- { ' -4 D. 0 /A /9/ li MY molec__ 9 1 4 ~4 AUSTRALIA (2) Awning means a shelter supported entirely from the exterior wall of a building. Example: Awning . 19 Ii: 1 - -III 1 - --- U' 1 -Al L muu W --v#» - 11= ' 6 -72 9 1#11 187 - 1 M ... I. p -04 Page 3 of 47 Sign Code Amendments, Draft #2,04-01-2010 Dj Building Code means the latest edition of the Building Code, as amended and adopted by the Town. (4) Building inspector means the officer or other person charged with the administration and enforcement of this Chapter, or his or her duly authorized deputy. (5) 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. Example: Canopy 1 1 1 1 80* 7 UY) Face or wall Of building means the general outer surface of any main exterior wail or foundation wall of the building, including windows and storefront. (71 Frontage, building means the horizontal, linear dimension of that exterior side of a building which abuts a street, a parking area, a mall or other circulation area open to the general public; and has either a main window display of the enterprise or a public entrance to the building. 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 ofthe building occupied by that use. Page 4 of 47 Sign Code Amendments, Draft #2,04-01-2010 NOT Qualifying Building Frontage Qualifying Building Frontage i -7 1 1 10 0 . I .-tr£ . - , --rl ,=-0. 01 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. 473 49 Pulls m.ANCE M STORE FRONTS 1~ v---1 r-L--12 g 1 .....0 Frof•Il ||*T.7 i 1 I N Iii L 3 1 z (261,, - 22 - 1 a -a=- 4,17.2 qf...2*9 I Cm = U = 0202 0/Ii Arrows indicate building frontage that counts toward the calculation of atiowed sign area, (storefronts, entrys and windows that face a public parking lot, street or sidewalk}. Page 5 of47 Sign Code Amendments, Draft .2.04-01-2010 5 TORE FRO4TS NOT Qualifying Building Frontage Qualifying Building Frontage 2 - Itt t . 61 ' :4 ,„-'..14 - U (9) Height means the vertical distance measured from the elevation of the nearest sidewalk (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. 00) illumination, direct means lighting by means of an unshielded light source Page 6 of47 Sign Code Amendments, Draft #2,04-01-2010 | (including fluorescent, light emitting diode or LED , and neon tubing) which is effectively visible as a part of the sign, where light travels directly from the source to the viewer's eye. 01) 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 primarily designed to illuminate the entire building fagade upon which a sign is displayed. (12) Illumination, internal means lighting by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs which are themselves made of a translucent material. (13) Kiosk means a small structure, typically located within a pedestrian walkway or similar circulation area, and intended for use as display space for posters, notices, exhibits, etc. (14) Light source means and includes any device, or method of producing light, including | neon, fluorescent, light emitting diode or kLED, or similar tube lighting, incandescent bulb and any reflecting surface which, by reason of its construction and/or placement, becomes in effect the light source. (15) Lighting backlighted means a concealed light source located behind the surface of the sign to highlight specific elements ofthe sign. 16) 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 ofland held under unified ownership in fee or in co-tenancy (17) 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 the change is made to an existing permitted joint identification sign panel that is to remain in place. The replacing or repairing of a sign or sign structure which remains structurally sound (18) National Electrical Code means the latest edition of the National Electrical Code, published by the National Fire Protection Association, as amended and adopted by the Town. (19) Roofmeans the cover of any building, including the eaves and similar projections. (20) 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 (21) Sign means any writing, pictorial representation, decoration (including any material used to differentiate sign copy from its background), form, emblem or trademark, flag or banner, mural, or any other display of similar character containing either commercial content or non-commercial content which a. Is a structure or any part thereof (including the roof or wall of a building); Page 7 of 47 Sign Code .Amendments, Draft =2,04-01-2010 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 ,announcement or non-commercial communication. (22) Sign face means the surface of a sign upon, against or through which the message is displayed or illustrated. (23) Permitted Sign types defined. 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 religious service, political rally, civic meeting or other similar event. b. Construction sign means a temporary sign announcing subdivision, development, construction or other improvement of a property by a builder, contractor or other person furnishing services, materials or labor to the premises. 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:ftice 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. Page 8 of47 Sign Code Amendments, Draft #2,04-01-2010 . / DOWNTOWN CAMPUS / 11211 0~0041 d. Flagmeans A piece of cloth, usually rectangular, of distinctive color and design, used as a symbol, standard, signal, or emblem. 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 ground signs. f. Identification 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; 4. A sign which identifies an area in the Town which, by reason ofdevelopment, natural features, historical occurrences or conimon references, has or will become a landmark in the Town; and Page 9 of 47 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. h. 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 attached i. Real estate sign means a sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building or lot upon which the sign is erected or displayed. j. Suspended sign means a sign suspended from the ceiling of an arcade, marquee or canopy. k. 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. \. 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. m. Vending machine sign means a sign that is incorporated into and designed as a part of a vending machine. n. 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. Page 10 of 47 Sign Code Amendments, Draft #2,04-01-2010 a considered a roof 4 ilil not considered a roof 1 or,ess off ven,cal ~ if surface is 45 degrees 91 Ef,Al 4 45 -44 considered degrees -0~ a roof .9>4 max. o. Window sign means a sign which is painted on, applied or attached to, or located within three (3) feet of, the interior o f 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 included as part of a window sign, (24) Prohibited Sign Types defined: a. Ott-premises advertising sign means any off-premises sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located. b. 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. c. Roof sign means a sign painted on the roof of a building; supported by poles, uprights or braces extending from the roof ofa building or projecting above the roof line or a building . Page 11 of 47 Sign Code Amendments, Draft #2,04-0 1-2010 U.*=8110*#1-'ler FU*- dyde'll<li/8/22.JAIn'"r lil...............9 , ./..././g;./r/4 Li~'iril j:,~=pfm'g *~elm - .OUTLAWEALOON 1"4,1/"'I*011 1 . 1 -Ii.. Ilillifilliwilll Illit''it-- 44 7= ./ mrmmir m ®11111'li EDIGIJC~.- litillill u *0 -40-_1 0 , e.--e ·- _87#@702@11@ 15:412 Example of Prohibited Roof Sign Page 12 of 47 Sign Code Amendments, Draft #2,04-01-2010 Example: Prohibited Roof Sign .1 - 1 . CAR PET,9ND TI LEb# .....9 . f. 7 ... I » - , 2 , 1 2 I 44 :1 f 1, 08 e. 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 move upon being subjected to pressure by wind or breeze, but does not include fiags or Temporary Banners and Town Sponsored Events Banners as provided for herein. (25) Sign stnicture means any supports, uprights, braces or frameworks of a sign. (26) Signs, number of For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements clearly organized, related and composed to form a unit. Where sign elements are displayed in an unrelated or random manner, each element shall be considered to be a single sign. (Ord. 11 -76 42(part), 1976; Ord. 25-76 §1,1976; Ord. 21-82 §1(E), 1982; Ord. 15-97,1997; Ord. 17-02 41(part), 2002) 17.66.050 Exemptions Except as specifically provided herein, the following may be erected without a sign permit. These exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a business._ 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. Page 13 of 47 Sign Code Amendments, Draft #2,04-01-2010 (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) O fficial 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 identi fy streets or to warn of danger. (3) Flags that do not identify a commercial enterprise or other place of business, limited to three (3) flags per lot. The maximum individual size of a displayed flag shall be three (3) feet by five (5) feet when hung from a building, or five (5) feet by seven (7) feet when hung from a flag pole. (4) Temporary decorations or displays, when such are clearly incidental to and are commonly associated with widely recognized holidays. (5) Temporary or permanent signs erected by the Town, public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices. (6) Merchandise, pictures or models of projects or services which are incorporated as an integral part of a window display, where all such items displayed are located within the interior of the building where the business is located. (7) Signs displayed on trucks, buses, trailers or other vehicles which are being operated or ~ stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, rental trucks and trailers and the like, provided that the primary purpose of such vehicles is not for the display of signs, and provided that they are parked or stored in areas appropriate to their use as vehicles. (8) All "open," "vacancy" and "no vacancy" signs and signs designed to indicate vacancy, such as "yes," "no" and "sorry," provided that the area of the sign does not exceed four (4) square feet per face (9) Displays of string lights, provided that they are: a. Decorative displays which only outline or highlight landscaping or architectural features of a building, and are not placed on or used to outline signs, sign supports, or assembled or arranged to convey messages, words, commercial advertisements, slogans and logos; b. No greater in intensity than five (5) watts, and are steady-burning, bulb lights. No blinking, flashing or intermittent changes in intensity or rotating shall be permitted; (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. c. The signs shall not be prohibited signs as more specifically set forth in Section 17.66.060. Page 14 of 47 Sign Code Amendments, Draft 42,04-01-2010 d. Motor vehicle providing public transportation is a motor vehicle operated pursuant to a certificate of public convenience and necessity to operate as a common carrier for hire for the transportation of passengers and their baggage, on schedule, issued by the Public Utilities Commission of the State. 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 non-illuminated real estate signs which do not exceed nine (9)_square 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. ulpfrom-fe one (1) hour before the start of the open house, and must be removed no later than one (1) a. An open house sign associated with the property for sale may only be displayed be*nning hour after the conclusion of the open house. b. An open house sign may only be displayed between 8:00AM and 8:00PM each day. .1 provision does not apply to show models in new developments). c. An open house sign may not be displayed for more than three (3) consecutive days (this (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 non- illuminated or indirectly illuminated. (14) Private traffic directional signs guiding or directing vehicular or pedestrian traffic onto or off of a lot or within a lot when such do not exceed three (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 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) Non-illuminated 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. Page 15 of 47 Sign Code Amendments, Draft #2,04-01-2010 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. (20) Temporary Special Event Posters that do not exceed two (2) square feet in size limited to one (1) such sign per event per premise. (22) Vending machine signs, provided that such signs are limited to the product being vended. (Ord. 11-76 §2(part), 1976; Ord. 36-76 §1,1976; Ord. 17-80 §1,1980; Ord. 21-82 §1(A), (B) and (C), 1982; Ord. 1-87 §1,1987; Ord. 6-87 §1,1987; Ord. 15-97,1997; Ord. 17-02 §1(part), 2002; Ord. 17-07 §1,2007) 17.66.060 Prohibited signs. The following signs shall not be permitted, erected or maintained in the Town: (1) Off-premises advertising except as otherwise provided for here in under section (2) Portable Signs; Roof Signs and Wind signs. 0) Signs with visible moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, mechanical means, or any other external means including without limitation wind or other external forces , 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; Page 16 of 47 Sign Code Amendments, Draft =2,04-01-2010 (4) 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; (5) Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, change color or use intermittent electrical pulsations; (6) Signs which incorporate projected images, emit any sound which is intended to attract attention or involve the use of live animals; (7) Any sign which is installed or erected in or projects into or over any public right-of-way, except in the case of a sign for which a permit has been issued in conformance with the requirements of this Chapter; (8) Signs not permanently affixed or attached to the ground or to a permanent structure, (for example, sandwich boards and handheld signs). Except for Temporary Signs as provided for under 17.66.070Temporary signs, herein. (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 b. Creates an unsafe distraction for motor vehicle operators, or c. Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare; (11) Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way; (12) (13) Off-premises advertising signs, except as specifically permitted by Chapter (# TBD for Town Approved Special Events; and Community Special Events as defined herein under sections: (14) Signs with commercial content not pertinent and or not clearly related to the principal permitted use on the property where located. 17.66.070 Temporary signs. Temporary signs in at! zoning districts shall be subject to the following specific requirements: Page 17 of 47 Sign Code Amendments, Draft 22,04-01-2010 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 signs intended to be displayed for a period longer than ninety (90) days are required to obtain a permit, and shall identify the longer time period on the permit. (1) Construction signs. Signs advertising subdivision, development, construction or other improvements of a property shall be permitted in any zoning district and shall comply with the following: a. Such signs shall be limited to freestanding, wall or window signs, shall not exceed thirty two (32) square feet per face, and shall not exceed twelve (12) feet in height. No riders or attachments to such signs shall be permitted. b. Construction signs shall be displayed only on the property to which the sign pertains. One (1) such sign shall be pennitted for each street upon which the property either has frontage or has an entrance from a major thoroughfare; provided that the minimum distance between signs on any single development shall be one thousand (1,000) feet. c. In case of a subdivision, construction signs shall not be displayed prior to the date of recordation of the final subdivision plat. d. In other cases, such signs may be displayed for the duration of construction until issuance of a certificate of occupancy (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 single continuous perimeter of not more than twelve (12) straight or radial lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any material or color forming an integral part or background of the display or used to differentiate such sign from the backdrop or structure against which it is placed. Page 18 of 47 Sign Code .Amendments, Draft .2,04-01-2010 2pt. /A , 1pt A 4pt. 3pt AUSTRALIA 5pt. 6pt L (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 integral part or background of the display shall be included in computing the total sign area. Page 19 of 47 Sign Code Amendments, Draft #2,04-01-2010 - -/1 endiMr6/KI The area of the entire more than 1.5 times the structure should not be : area of the sign pannels. - ~ Any area in excess of this a amount is counted as -- 0 signage. b - 42 I --91 *f. - t -4.4-2- 2 F -- - I VIL/,1 1 -- .:/=i- r - - -- 6 ,--6-= .1 ¢ 11 11 -L=a, t , ' hagE. - -- -t -- . 4 .4/4 . Page 20 of 47 Sign Code Amendments, Draft #2,04-01-2010 11 1111111 (4) Where a sign has two (2) or more display faces and is not a double-faced sign, the area of 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, re.. 2-5 /rr„,=,#=- 1p 4 Barn] q 1 -1, 1 1, - lu-- - 16UUUL--1 * ~9_*~ (6) Where three-dimensional figures are used as signs, the area shall be the total area, as projected on a vertical plane, of each side of the figure which is visible by the public beyond the boundaries of the lot upon which the figure is located. For purposes of this regulation, a figure shall be considered to have not less than one (1) nor more than four (4) sides. Page 21 of 47 Sign Code Amendhnents, Draft #2,04-01-2010 /»40 10 Th.,9,plected areaV~I*I~IV~~~|~ Th~&fid area Li-T ~VI L 1 V , r . I. A k . , 'i¢~ . 1 9 A . 41> l-PA ..,-lili (7) Building frontage used as the basis of determining permitted sign area for one (1) use shall not be used again as the basis for determining the permitted sign area for a different use. Nothing in this Subsection shall be construed to prohibit the additional building or use from erecting a sign which would otherwise be authorized by the provisions of this Chapter. (8) 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 §2(part), 1976; Ord. 21-82 §1(K), 1982; Ord. 17-02 §1(part), 2002) 17.66.090 General regulations. A. Any sign allowed herein may contain, in lieu of any other message or copy, any lawful, non- commercial message, so long as the sign complies with the size, number, illumination, height, area, and other requirements._ Signs containing non-commercial content are subject to this sign code in the same manner as signs that have commercial content, including, without limitation. permitting, size and location regulations. (a) Signs at street intersections shall be located in conformance with Appendix D, Section IV. Intersection and Driveway Visibility ofthe Estes Valley Development Code (b) Illumination. Illuminated signs shall be subject to the following conditions: a. Neither the direct nor the reflected light from any light source shall create a traffic hazard or distraction to operators ofmotor vehicles on public thoroughfares. Page 22 of 47 Sign Code Amendments, Draft #2,04-0 1 -2010 b. The light from an illuminated sign shall not be of an intensity or brightness that will create a negative impact on adjacent uses in direct line-of-sight to the sign. c. External light sources shall be directed and shielded to limit direct illumination of any object 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 fluorescent tubes or incandescent bulbs exceeding fifteen (15) watts. Signs shall not have exposed neon tubes exceeding 400 lumens per foot. f. Maximum brightness levels for electronic reader boards shall not exceed 4,000 nits when measured from the sign's face at its maxi mum brightness during daylight hours and 400 nits when measured from the sign's face at its maximum brightness between dusk and dawn. g. 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 by the Town or State are exempt from this regulation. (3) Signs in commercial and restricted industriai zoning districts may be indirectly, directly or internally illuminated (c) Signs on fences and freestanding walls. Signs displayed upon fences 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, 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. Page 23 of 47 Sign Code Amendments, Draft #2,04-01-2010 . $5,75 .. Total combined glazing (63" x 39" x 2) = 4,914 square inches Total area of signs = 1,118 5 square inches ~ 25% of total glazing = 1,228.5 square inches Signs are notin violation of EVMC 17.66.050 (16) (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 an integral feature of the street construction plans at the time of final plat approval. Otherwise, the sign shall be located a minimum of ten (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] feet per face). (4) The signs shall only contain the name of the subdivision and not a pictorial representation of the subdivision. (Ord. 11-76 §2(part), 1976; Ord. 25-76 442,6,1976; Ord. 17-80 §2,1980: Ord. 21-82 §HI) and (J), 1982; Ord. 15-97,1997; Ord. 17-02 § 1(part), 2002) Page 24 of 47 Sign Code Amendments, Draft #2,04-0 1-2010 17.66.100 District sign regulations. (a) Use districts (zoning districts), The use districts, as set forth in this Title and amendments hereto, shall apply to this Chapter. The boundaries of these districts shall be determined by reference to the zoning map of the Estes Valley, to this title and amendments hereto and to sections on interpretation of such maps as may be contained in this Title and amendments hereto. (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 "type of sign permitted," "maximum sign area permitted per lot or business," "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 ofall 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 two hundred (200) square feet per business Page 25 of 47 Sign Code Amendments, Draft #2,04-01-2010 Schedule of Requirements For all Nonresidential Zoning Districts (A, CD, CO, CH, O, 1-1) Type of Sign Permitted Maximum Sign Area Maximum.Area Per Maximum No. Maxitnum Permitted Per Business Sign Face of Signs Height of Pennitted Signs Al! pe,7,itted iti 200 sf for freestanding. Suspended: 5 sf Freestanding: 2 25 ft Subsection except in the CD district per Lot 17.66.040(26 where the freestanding Time-temp: 10 sf max. area shall be 150 sf 15 sf for projecting 10 sf for suspended (5 per face) 13 sfper tfof frontage (200 sf max.) for wall signs Temporary Teinporary Teinporary 12 ft Construction : 32 sf Construction: 32 s f Construction: 1 per street Residential Multi-family (RM, R-2, A-1,)* Type o f Sign Permitted Maximum Sign Area Maximum Area Per Maximum No. Maximum Penmitted Per Lot Sign Face of Signs H* of ~ Permitted Signs All pennitted in 75 sf for freestanding Suspended: 5 sf Freestanding: 1 All Subsection per Lot signs:25 ft 17.66.040(26Vending 15 sf for projecting machine signs, 10 sffor suspended (5 per face) 1.5 sfperlfoffrontage for wall signs (max. 150 sf) For all Single-family Residential Zoning Districts (R-1, R, E-1, E, RE, RE-1)* I ype of Sign Pennitted Maximum Sign Area Maximum Area Per Maximum No. Maximum Permitted Per Lot Sign Face of Signs Height of Permitted Signs All permitted in All signs: 9 sf All signs: 9 sf 2 per All Subsection residence signs:6 ft 17.66.040(26), except Bulletine board signs, Joint Identification sings, Vending machine signs, *Except for address identification signs not exceeding 4 square feet and subdivision identification signs, signs in Single Family Residential Districts shall not be illuminated in any manner. (Ord. 11-76 §2 (part), 1976. Ord. 25-76 §3,1976; Ord. 8-81 §1,1981; Ord. 15-97,1997; Ord. 17-02 §1(part), 2002) Page 26 of 47 Sign Code Amendments, Draft #2,04-01-2010 17.66.110 Sign regulations in non-residential zones (A, cD, cO, CH, O, 1-1). The following regulations shall apply to all uses in non-residential zoning districts. (1) Total allowable sign area. 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) 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 two hundred (200) square feet (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) feet from any building. c. Number: One ( 1 ) freestanding sign per street frontage or building frontage, not to exceed two (2) per lotd. Maximum area: No freestanding sign shall be larger than one hundred fi fty (150) square feet. The combined total of all freestanding signs on an individual property or single lot shall not 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. Page 27 of 47 Sign Code Amendments, Draft #2,04-01-2010 Example: Conforming Placement / 0- il-- It It : 1 /--7- 5 Example: Non-Conforming Placement ~ .- 1 1 11 : . 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: Page 28 of 47 Sign Code Amendments, Draft 42,04-01-2010 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. b. Minimum clearance: Nine (9) feet from the ground to the bottom edge of the sign. c. Maximum height: Eighteen (18) feet. d. Maximum size: Fifteen (15) square feet per sign face. e. Maximum projection: Four (4) feet. f. Maximum number: Two (2) per building frontage or per business storefront (6) Suspended signs: a. Maximum area: Five (5) square feet per face, ten (10) square feet total surface area. 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. Page 29 of 47 Sign Code Amendments, Draft 42,04-01-2010 A Page 30 of 47 Sign Code .Amendments, Draft #2,04-01-2010 \ 1 1 1 Example: Confoiming Suspended Sign i J . 15 B . -9 . I q 1 1 1 1 1:4%. (7) Wall signs: a, Maximum area: The total area of all wall signs on any face of a building shall not exceed one and one-hal f (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 rooffine 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 (45°) or less from vertical shall be considered a wall sign, and shall be subject to the size and height limitations noted under this Subsection. d. Maximum number: Two (2) wall signs for each face of a business, or building storefront (building frontage (8) Joint identification signs: Page 31 of 47 Sign Code Amendments, Draft #2,04-01-2010 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. 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 al] other commercial zoning districts, where individual sign panels that are part of a joint 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 (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 Sign regulations in residential zones. The following regulations shall apply to all uses in all residential zoning districts. (1) Total allowable sign area. 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) square foot per lineal foot of second story building frontage. b. The maximum allowable total cumulative sign area for any one (1) multi-family residential lot shall not exceed seventy five (75) square feet. c. The maximum allowable total cumulative sign area for any one (1) single-family residential lot shall not exceed nine (9) square feet. d. Home Occupation signs shall not exceed four (4) square feet in cumulative area. (2) Lots 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. (3) Freestanding signs: a. Maximum height: twenty-five (25) feet on multi-family lots. b. Maximum height: six (6) feet on single-family lots. Page 32 of 47 Sign Code Amendments, Draft #2,04-01-2010 c. Minimum setback: eight (8) feet from any property line, four (4) feet from any building. d. Number: One (1) freestanding sign per street frontage or building frontage, not to exceed two (2) per lot. Maximum area: No freestanding sign shall be larger than seventy- five (75) square feet on multi-family lots. f. Maximum area: No freestanding sign shall be larger than nine (9) square feet on single- family lots. (4) Wall signs: 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 on multi-family lots. c. Maximum height: Six (6) feet above the ground on multi-family lots. (5) 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 33 of 47 Sign Code Amendments, Draft #2,04-0 1-2010 17.66.130 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 pat·apet 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 fi fty (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 bamer 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 §2 (part), 1976; Ord. 21-82 §1(N), 1982; Ord. 15-97,1997; Ord. 17-02 §1(part), 2002) 17.66.140 Nonconforming signs. (a) A nonconforming sign may be continued but it shall not be: (1) Changed to another nonconforming sign. (2) Structurally altered. Page 34 of 47 Sign Code Amendments, Draft 52, 04-01-2010 (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%) ofthe appraised replacement cost (as determined by the building inspector). (7) Altered to change the text thereof, except such signs, which have been designed specifically to permit changes of the text. |17.66.150 Permits. (a) Sign permit required: (1) Except as provided in Section 17.66.050, it is unlawful to display, erect, relocate or alter any sign without first filing with the building inspector an application in writing and obtaining a sign permit. This requirement for a permit applies to signs with commercial content and to signs without commercial content. When a sign permit has been issued by the building inspector, it is unlawful to change, modify, alter or otherwise deviate from the terms or conditions of the permit without prior approval of the building inspector. A written record of such approval shall be entered upon the original permit application and maintained iii the files of the building inspector, (2) Application for permit. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his or her authorized agent. Such applications shall be made in writing on forms furnished by the building inspector and shall be signed by the applicant. The building inspector shall, within seven (7) working days of the date of the application, either approve or deny the application or refer the application back to the applicant in any instance where insufficient information has been furnished. (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 of such work after such notice is received. (4) Revocation of permits for nonuse. 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, ancFor if substantial building operations under any permit issued under this Chapter are suspended for a period of sixty (60) consecutive days, the permit shall automatically become null and void. Page 35 of 47 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 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 application; d. Plans indicating the scope and structural details of the work to be done, including details of all connections, guy lines, supports and footings and materials to be used; e. Application for an electrical permit, and required information for such application, for ~ all electric signs. f. A statement of valuation. (7) Permit fees. A permit fee, if applicable, shall be paid to the building inspector for each sign permit issued under this Chapter. A schedule of fees shall be adopted from time to time by the Town Board. (8) Inspections. All signs shall be subject to inspection by the building inspector. Footing inspections may be required on the day of excavation for all freestanding signs. The building inspector may, within forty-eight (48) hours after being notified that the sign is ready for inspection, also require inspection of electrical signs before erection. The permit holder or his or her agent shall notify the building inspector when signs are complete and ready for final inspection. (Ord. 11-76 §2(part), 1976; Ord. 25-76 §5, 1976; Ord. 15-97, 1997; Ord. 17-02 §1(part), 2002) Section # TBD Community 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 such fund raising events shall be limited to one per year that may take advantage of the following special provisions for temporary signs; or Page 36 of 47 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. (Section #TBD) Standards for Review. The Community Development and Special Events Departments shall review the application for compliance with the standards below prior to permit issuance. 1. Zoning Restrictions. Special event signs are allowed within all zoning districts. 2. Design. Fluorescent colors and reflective surfaces are prohibited on signs. Reflective colored materials that give the appearance of changing color are also prohibited. A matte or flat finish is required for all surfaces. 3. Illumination. Illumination of temporary special event signs is prohibited. I 4. Banners. Banners must comply with Chapter 4-A#417.88 Town Sponsored Special Events 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, Special Event posters, including off-site posters, that do not exceed two (2) square feet in size are exempt from any regulation, and may be freely displayed without prior Town approval, | The sign shall be displayed no more than one ( 11 monthsix weeks prior to the special event and shall be removed no later than three (3) days after the event. | b. Staff may approve four (4) additional off-premise signs or banners 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 any commercial advertising message is subordinate to the event message. The sign(s) shall be displayed no more than one (1) month prior to the special event and shall be removed no later than three (3) days 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 or banner area is allowed. Page 37 of 47 Sign Code Amendments, Draft 42,04-01-2010 17.66.160 Special exceptions. 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; 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. Additionally, the Creative Sign Program shall provide for increased allowance to the maximum sign area permitted on theater marquees signs identifying films or performances currently showing in cases where necessary copy and standard changeable letter sizes clearly necessitate such an exception. 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 ( 10) 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 Page 38 of 47 Sign Code .Amendments, Draft #2,04-01-2010 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 date for the review no later than sixty (60) calendar days from the date of receipt of a complete application for the Final Review of the application. 3. Final 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 (50) 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 ten (10) calendar days of the Final 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 by 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 Quality. The sign(s)-she# should:T 1. Constitute a substantial aesthetic improvement to the site and shelishould have a positive visual impact on the surrounding area; 2. Be of unique design, and exhibit a high degree of imagination, inventiveness; 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. ~ Architectural Criteria. The sign(s) she#should: 1. Utilize or enhance the architectural elements of the building: and Page 39 of 47 Sign Code Amendments, Draft #2,04-0 1-2010 2. Be placed in a logical location in relation to the overall composition of the building's favade, 3. Be integrated within and not cover any key architectural features and details of the building fagade. 4. Architectural Style. Each sign shishould 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 shn#should 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 shelishould 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 *halishould be located and designed not to create glare on neighboring uses. 2. Constitute a substantial aesthetic improvement to the site and shishould 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: Page 40 of 47 Sign Code Amendments, Draft #2,04-01-2010 Two local business owners Cone owner of a retail merchandise business. and one lodging or.·ncr), an architect or other design professional, and two IFewn-IFfusteesTown residents who may or may not have local business interests. Members shall serve staggered terms of three (3) years and shall be appointed by the Mayor and be confirmed by the Town Board. 17.66.170 Appeals and variances. (a) Appeal to and request for variance from the Staff or the Estes Valley Board of Adjustment (1) Any aggrieved person who believes the alleged violation as contained in the order of the building inspector is factually or legally contrary to the provisions of this Chapter may appeal the same to the Estes Valley Board of Adjustment, hereinafter referred to as the "Board," in a manner provided by such Board. In the alternative, an aggrieved person may request that the Board grant a variance from the requirements of this Chapter. The filing of such request shall be in the manner provided by the Board. (2) Any aggrieved person may also appeal to the Board any decision or ruling of the building inspector involving the interpretation of any provision or term of this Chapter. (3) Any provision in this Section to the contrary notwithstanding, no person may appeal to or request a valiance from the Board of Adjustment when the building inspector has made a determination that the person is in violation of Section 17.66.100. (b) Procedure for filing appeal. (1) Every appeal from an order of the building inspector shall be filed within ten (10) days from the date of such order. The Board shall have no jurisdiction to hear any appeal not brought within ten (10) days from the date of such order. Minor Modifications from General Sign Standards. a. Staff Authority to Grant Minor Modifications. Staff may grant minor modifications up to a maximum of ten percent (10%) from the following general sign standards, provided that the Staff finds that such modification advances the goals and purposes of this Code and either results in reduction of visual clutter or results in more effective way finding, or relieves practical di fficulties on the site: (1) setback requirements; (2) specific sign size restrictions provided the cumulative site total remains in compliance; or (3) Other dimensional and temporal standards contained herein. (c) Variances. In every case in which a request for a variance from the requirements of this Chapter has been filed, the Board shall not grant a variance unless it specifically finds each and every one of the following conditions to exist: Page 41 of 47 Sign Code .Amendments, Draft #2,04-01-2010 (1) There are special circumstances or conditions, such as the existence of buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent public right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions must be particular to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. (2) The variance would be in general harmony with the purposes of this Chapter, and specifically would not be injurious to the neighborhood in which the business or enterprise to which the applicant desires to draw attention is located. (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 grant, any variance from any Section of this Chapter which limits the maximum permitted sign area 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 purposes of this Chapter. (Ord. 11-76 §2(part), 1976; Ord. 25-76 §8,1976; Ord. 21-82 §1(0), 1982; Ord. 14-87 §2,1987; Ord. 15-97,1997; Ord. 17-02 §1(part), 2002) 17.66.180 Enforcement. The provisions of this Chapter shall be subject to enforcement and penalties as set forth in Chapter 1 of the Estes Park Municipal Code (Ord. 11-76 §2(part), 1976; Ord. 25-76 §7, 1976; Ord, 21-82 §1(D), 1982; Ord. 15-97,1997; Ord. 17-02 §1(part), 2002) 17.66.190 What constitutes a violation. It is a violation of this Chapter for any person to perform, or order the performance of, any act which is contrary to the provisions of this Chapter, or to fail to perform any act which is required by the provisions of this Chapter. In the case of a continuing violation, each twenty- four-hour period in which the violation exists constitutes a separate violation. (Ord. 11-76 §2(part), 1976; Ord. 17-02 § 1(part), 2002) 17.66.200 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 wilI apply. (Ord. 11-76 §2(part), 1976; Ord. 17-02 §1(part), 2002) Page 42 of 47 Sign Code Amendments, Draft 42,04-01-2010 Chapter 17.88 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 Sponsored Events. 17.88.020 Location of TSE Banners. Banners may be placed at the following designated locations within the Town, pursuant to the provisions of Section 17.66.050 of this Code: - Comment [AC1]: To he 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 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 dispjay in front of the Convention and Visitor Center Building along Highway 34, four (4) feet by eight (8) feet maximum. (Ord. 6-97 §1,1997; Ord. 17-02 §1,2002. Ord. 9-07 §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 § 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 §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) ofthe three (3) locations at any one (1) time. (Ord. 6-97 §1,1997) 17.88.060 Number of locations. The Convention and Visitor Center Building location listed at Subsection'17.88,010(3) above shall .... Comment [AC2]:To bechanged to 17.88.020(3) be terminated when the site listed at Subsection 17.88.010(2) is available, for a maximum of two (2) _by codifier. designated banner locations. (Ord. 6-97,1997) -~ - - Comment [AC31: To be changed to 17.88.020(2) by codifier. Page 43 of47 Sign Code Amendments, Draft #2,04-01-2010 Chapter 17.89 Temporary Banners Commercial Use 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 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 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. 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 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 as measured to the highest point of the temporary banner. 17.89.060 Number, Size and Shape. A Temporary Banner Permit allows the use of one (1) temporary banner per lot or business. In all zoning districts except CD-Commercial Downtown 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 (] 8) 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 44 of 47 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 perniit. 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 tinies 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 45 of 47 Sign Code Amendments, Draft #2,04-01-2010 Chapter (TBD) Temporary Banners Non-profit fundraising 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 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 excludes Town Sponsored Event Banners as provided for in Chapter 17.88. 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. Number of Permits Granted. Local non-profit organizations conducting weekly or monthly fund raising events on property that they either own or lease for the their principal operations are allowed to display two banners during the fund raising event. This use of temporary banners shall be limited to 12 days in a calendar year. The allocation of 12 days may be used consecutively or non-consecutively as each organization sees fit. 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). Time Displayed. Display of banners before or after the event is prohibited. 17.89.050 Location. The banners must be located at least eight feet inside the nearest property line, and they must be secured on all corners against wind movement. 17.89.060 Number, Size and Shape. A maximum of two banners may be displayed during the fund raising event. The banners may not exceed 16 s,f, in size individually or 32 s.f. in size cumulatively. Page 46 of 47 Sign Code Amendments, Draft #2, 04-01-2010 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 47 of 47 Sign Code Amendments, Draft #2,04-01-20!0 t . mt i _333 . TOVEN oF ESTES PARI© 0 Memo TO: Honorable Mayor Bill Pinkham Board of Trustees From: Administrator Halburnt Date: August 5, 2010 RE: Upcoming Work Sessions Town Clerk Jackie Williamson maintains an ongoing list of outstanding items for board discussion or action. Items are added as a result of committee and board meetings and the requests we receive. We meet weekly to review this list and create agendas. Next, Jackie W. emails the agendas to all departments and trustees for input and/or change. The agendas have evolved from staff setting them with mayor input to the way we do it now: staff creates them with input from the entire board. We have one goal - to bring items forward in a timely manner. Trustee Miller suggested the upcoming work session items are reviewed in a short discussion at the end of each session. Below is a tentative list, which is subject to review ~ and change because it's difficult to anticipate the next topic du jour. Aug - 24 Open Discussion Medical Marijuana Public Input Plan Sept 14 Review Problem Statement Effectiveness Self-Insurance Discussion Sept. 28 SOPA Review of Fundraising Efforts October 12 Community Garden October 26 Fire District MOU Renewal November 23 Open Discussion ~ Not scheduled Joint Housing Project - EPHA & TOE Fish Hatchery Property Historic Preservation draft ordinance Town Board Meeting Procedures - draft policy