HomeMy WebLinkAboutPACKET Town Board Study Session 2015-04-28
Tuesday, April 28, 2015
TOWN BOARD 4:30 p.m. – 6:30 p.m.
STUDY SESSION Rooms 202/203
4:30 p.m. Trustee Comments & Questions.
4:40 p.m. Future Study Session Agenda Items.
(Board Discussion)
4:50 p.m. Discuss Fish Hatchery Property.
(Administrator Lancaster)
5:20 p.m. Dinner Served.
5:30 p.m. Community Reinvestment Fund 5 Year Plan.
(Finance Officer McFarland)
6:10 p.m. Update on Sign Code Revision.
(Code Enforcement Officer Reichardt & Consultant Randall Morris)
6:30 p.m. Adjourn for Town Board Meeting.
“Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:15 p.m.”
AGENDA
May 12, 2015
Update EDC Broadband Project
Possibility of Joining RTD
Discussion of Dry Gulch Road
Reconstruction Issues
May 26, 2015
Update on Vacation Rental Home
Project and Objectives
FEMA Community Rating System
(Request for Approval to Engage
Public in Discussions About Joining
CRS Program)
Truancy Ordinance
Items Approved – Unscheduled:
(Items are not in order of priority)
International Property Maintenance
Code (Dangerous Buildings Code) and
Adoption of New International Building
Code Draft Reviews
Town of Estes Park Financial Policies
Wildlife Ordinance – Follow Up
Local Preference Purchasing Policy
Rezoning Actions – Procedures for
Notifications
Discussion of How to Better Involve
and Reach Out to the Hispanic
Members of the Community
Future Town Board Study Session Agenda Items
April 28, 2015
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Pinkham
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: 4/28/15
RE: Discuss Fish Hatchery Property
Objective: Discussion item with the Board to explore options and to give staff directions
regarding the Town owned property known as the Fish Hatchery.
Present Situation:
Currently the Town owns a large parcel of property adjacent to the Fall River Entrance to Rocky
Mountain National Park. The property was the site of a former fish hatchery and also includes
the historic hydro-plan museum, group picnic area, employee housing and town storage. All or
part of the property could have some potential for future sale, development or a conservation
easement. This past winter the Town had the property value appraised. A copy of the
appraisal is attached.
Additionally, the Estes Valley Land Trust has identified this as a parcel of interest and would like
to partner with the Town on any future efforts to develop and/or protect this parcel. A copy of
the proposal from the EVLT is attached.
Proposal:
none - discussion only
Advantages:
n/a - discussion item only
Disadvantages:
n/a - discussion item only
Action Recommended:
none- discussion item only
Budget:
n/a
Level of Public Interest
Outline the known or perceived interest by the public, i.e. high interest, item initiated by contact
from the public or groups, etc.
Attachments:
Property Appraisal
EVLT Proposal on Fish Hatchery Property
Page 1 April 15, 2015
This proposal is presented to the Estes Park Mayor, Town Trustees, and Town Administrator by the Estes Valley
Land Trust in regard to the Town-owned property at the west end of Fish Hatchery Road. This property was
deeded to the Town by the State of Colorado after its use as a fish hatchery ceased. The property is
approximately 70 acres in area.
EVLT proposal in a nutshell:
1. Split the 70-acre Town-owned Fish Hatchery project into three land-use segments:
• 5 acres for historical preservation purposes
• 15 acres for development purposes according to Town priorities
• 50 acres for natural area conservation, floodplain management, wildlife habitat, and low-
impact recreation purposes.
2. EVLT and Town agree on a to-be-determined fee to be paid to the town to place a permanent
Conservation Easement on the 50-acre conservation and recreation portion.
3. EVLT conducts fund-raising campaign to raise the fee payment through grants, donations, and
partnerships.
4. Conservation Easement (CE) agreement regarding this land is finalized, and steps to expand recreational
opportunities begin. The property remains under the ownership and management of the Town.
The Fish Hatchery Project – The Future of a Town Treasure
Page 2 April 15, 2015
This plan makes good sense for wildlife.
The area includes important habitat for some of the few remaining
Bighorn Sheep in the Estes Valley. Given how threatened the herds
are within this area, every opportunity should be taken to protect
their habitat.
The riparian zone within this area is an important migration corridor
that includes invaluable habitat for the elk and mule deer herds that
are so important to Estes Park.
The area is frequented by a variety of mammals, including black bears,
mountain lions, foxes and marmots.
The river corridor with its natural bank protection provides great fish
habitat.
This plan makes good economic sense.
Studies throughout the nation have demonstrated the correlations
of a healthy economy, strong tourism, and plentiful open spaces.
Every resident needs nearby public open space to boost their
perception of their quality of life.
Property values increase near greenways, parks, and trails.
Tourists and residents will visit this natural area as part of the allure
of the Estes Park destination with outdoor recreational
opportunities of its own… not just a gateway to RMNP.
The negotiated fee for the conservation easement will provide a
significant financial “windfall” that the Town can use to begin a
program, e.g. “land banking” of affordable and attainable housing
alternatives within the community.
The “development” area of the plan can be leveraged in whatever
way makes the most economic sense for the Town, e.g. high-end
property sales, worker housing, or exchange for other suitable
properties.
Conserved properties are eligible for GOCO funding through
programs such as their Riparian Restoration program.
Why does this land-use plan make sense for the Fish Hatchery property?
Page 3 April 15, 2015
This plan makes good neighbors.
The property is adjacent to Rocky Mountain National Park and the
Aspen Glen Campground, providing an important buffer area for these
critical assets.
Floodplain management strategies as identified in the Fall River
Master Plan provide important protections for downstream properties
by mitigating the risks to those properties.
Transportation capacity of Fish Hatchery Road, especially at its
western intersection with Fall River Road (Highway 34), cannot handle
a large increase in traffic.
Harmony Foundation (one of the largest employers within Estes Park)
and the Estes Valley Memorial Gardens are two neighboring properties
that thrive with the relative quiet of minimal development.
Natural open spaces enhance visitors’ experiences at the RMNP Fall
River Visitor Center, and as they pass by the property to the Fall River
Road (Highway 34) entrance to RMNP.
This plan provides great recreational opportunities.
The property offers a prime example of a natural area for
low-impact recreational uses, including birding, fishing and
wildlife viewing.
Hiking, mountain biking, snowshoeing, and cross-country
skiing are low-impact activities that could interface with
RMNP trails.
The picnic grounds are a fabulous but relatively unknown
resource for residents and visitors.
The Planned Fall River Trail extension will go through the
proposed CE portion of the property before linking into the
National Park trail system.
Children need natural play areas in which they can have the
kind of hands-on nature experiences that are not possible in
many places.
The property has played a key role in Estes Park’s history,
including F.O.Stanley’s Hydroplant, the Lawn Lake flood of
1982, and the flood of 2013. Interpretive signage highlighting
these items could enhance visitor experiences.
The river channel within this area provides one of the few
places along Fall River that is suitable for public fishing access.
More reasons this land-use plan make sense for the Fish Hatchery property
Page 4 April 15, 2015
A Map of Proposed Land-Use Plan
Page 5 April 15, 2015
All acreage totals are based on GIS layers and therefore do not reflect survey-level accuracy.
A -- The West Parcel
Reserved Museum Grounds and
Parking, not under Conservation
Easement (CE).
Proposed Conservation
Easement Area, to include low-
impact recreational use, e.g.
fishing, trails, nature playscape.
Floodplain/Riparian protection
zone.
Picnic grounds.
Parcel A 46 total acres
Area A1 5 acres
Area A2 41 acres
Which includes…
Area A2a 7 acres
Area A2b 1 acre
Map Legend
Development zone, not under
Conservation Easement (CE)
Floodplain/Riparian Protection
Zone requires setbacks for
potential building sites.
Riparian protection zone to be
included within CE.
Meadow/wildlife (Bighorn sheep)
corridor included within CE.
Parcel B 24 total acres
Which includes…
Area B1 15 acres
Area B1a 2 acres
Area B1b 3.5 acres
Area B2 3 acres
Steep slope impacts potential
building sites.
Area B3 6 acres
Page 6 April 15, 2015
Potential partnerships include:
Rocky Mountain National Park Rocky Mountain Conservancy
Estes Valley Recreation and Parks District ARD
Larimer County Open Lands GOCO
Colorado Department of Parks and Wildlife
Estes Park Museum Friends & Foundation Grand Heritage Group (Stanley)
Fishing Is Fun Trout Unlimited
Estes Valley Watershed Coalition
Private supporters
A multi-use strategy for the Fish Hatchery property has broad support
throughout the community.
Page 7 April 15, 2015
1. Town Trustees identify interest in moving forward with this plan.
2. Town and EVLT select a conservation easement appraiser to establish value of a CE on property based on
negotiated reserved rights and restricted uses of the property.
3. EVLT makes a financial offer to the Town Trustees:
a. Based on the appraisal results, offer of $____ to purchase a conservation easement on the
designated portions of the property,
b. With a ___-year option for executing the agreement to allow time for EVLT fundraising campaign.
4. Town Trustees and EVLT negotiate the offer and develop agreement.
5. EVLT begins campaign to raise funds through grants, donations, and partnerships to complete
agreement.
Questions? Comments? Please contact us!
Mary Banken, Executive Director Jim Broomfield, Board President Leo Weber, Board Vice President
970-577-6837 970-586-3783 970-232-4134
mary.banken@evlandtrust.org jbroom23@msn.com evltleo@gmail.com
Recommended Action Plan:
Page 8 April 15, 2015
Thank you for your consideration of this opportunity for our community.
FINANCE DEPARTMENT Memo
To:Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Steve McFarland, Finance Officer
Date:April 14, 2015
RE: Study Session: Community Reinvestment Fund 5-year plan
Objective:
To present a timely summary of certain Funds that house capital projects, specifically the
Community Reinvestment, Open Space and 4 new sales tax – related Funds.
This report does not discuss/cover the General, Light & Power, Water or Vehicle
Replacement Funds, within which capital expenditures also occur.
Present Situation:
Community Reinvestment Fund (CRF)
The CRF has been updated to reflect the current status of projects active in 2015.
Projects have been listed with their original costs. The “NEW 2015” column shows
amounts remaining from the original project budget. For example, the MPEC project was
originally $7,150,000 in CRF (another $350,000 was transferred to the Community
Services Fund for start-up costs). The 2015 column show $959,547 remaining.
The most recent action taken that affected CRF was the $750,000 increase of the project
cost to the Parking Structure, coupled with the $200,000 for CVB restroom upgrades.
These adjustments reduced estimated fund balance at the end of 2015 to $49,322. There
is an additional $200,000 set aside for the Museum Storage Facility.
Regarding inflows to CRF, the revenue stream of $800,000/yr from the General Fund has
been posted, along with $70,000/yr (for 4 years) to recapture the balance of the reduction
of the transfer made in 2015 ($520,000 v $800,000). These numbers are placeholders
and do not represent guaranteed inflow. The first financial priority is to balance the
General Fund, and expenditure reductions will almost certainly need to be made in order
to accomplish this. The General Fund will need to continue to fund the CRF at least
$520,000/yr in order for the CRF to make the annual note payment on the COPs (MPEC
mortgage).
No projects beyond 2015 have been entered in the CRF 5-year grid. However, projects
have been listed on the next page of the attachment, grouped into 3 main categories:
Roads and Bridges, Parking Improvements, and Buildings.
With the CRF only expected to have at the most, ~$1,500,000 by the end of 2019, and
with over $55,000,000 worth of projects having been identified, the Town will see
significant funding challenges in the future. Funding will have to come from multiple
outside sources, such as grants, partnerships, taxing instruments, and public financing.
Larimer County Open Space Fund
The Open Space tax (0.25% of sales tax), originally scheduled to sunset in 2018, was
extended another 25 years in November 2014 (via ballot issue). This will provide the
Town with ongoing funding (currently ~ $300/000/year) for acquisition, maintenance and
repair of its open space and trail system/network. The Town has budgeted $500,000 for
2015 for non-specified flood-related projects.
Emergency Services (2.5% of 1.0%), Community Center (25% of 1%), Trails (12.5% of
1.0%) and Streets Funds (60% of 1%)
Created as a result of the April 2014 ballot issue, these 4 Funds share revenues resulting
from a 1% sales tax increase, effective July 2014. The tax sunsets after 10 years. The
1% sales tax increase is expected to generate $2,100,000 in 2015.
The Police Department has already mapped out a plan for implementation of the
Emergency Response funds for the near term.
The Community Center Fund will continue to amass revenue until such time as a building
permit is issued for said Community Center (deadline – January 1, 2017). If no permit is
pulled, the ballot language says that funds “shall be used for expansion and construction
of the Estes Park Senior Center and Estes Park Museum facilities”.
The Trails Fund exists to provide monies for “construction and expansion of public trails
within the Estes Valley Planning Area”. The Estes Valley Parks and Recreation District,
with grant-funded aid, is developing a Master Plan for trails in the Estes valley. The Town
is providing $5,000 in assistance and will be involved with the process.
The Street Fund will receive 60% of the new sales tax, tentatively estimated at
$13,000,000, over the life of the tax. The Town has already planned a major project for
2015 (Dry Gulch Rd.). A paving manager will be hired this year to supervise the creation
and implementation of a paving index and management system.
Additional capital concepts
The Town has been successful in maintaining its Vehicle Replacement Fund program,
but has yet to create and maintain a similar program for its other relevant assets (carpet,
roof, equipment, etc). With the hiring of the Facilities Manager, the Town will begin to
look at the costs associated with an asset replacement program. This will put additional
strain on the General Fund, but represents prudent long-term financial management.
Proposal:
N/A
Advantages:
N/A
Disadvantages:
N/A
Action Recommended:
N/A
Budget:
The capital expenditure portions of these Funds will be dramatically affected based on
what budget appropriations are made mid-year and during the annual budgetary process.
Level of Public Interest
Varied. As each financial area is summarized, certain citizens/Trustees may have more
interest in particular sections than in others.
Sample Motion:
N/A
Attachments:
Attached are summary sheets for the Community Reinvestment, Open Space,
Emergency Response, Community Center, Trails and Street Funds.
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Wes Reichardt, Code Compliance Officer
Date: February 10, 2015
RE: Update on Sign Code Revision
Objective:
Update the Town Board on the status of the 2015 objective to revise the Sign Code to
be simpler and easy to understand but retaining the basic intent.
Present Situation:
Randal Morrison has completed the first draft of the sign code revisions and provided
back to the Town for review. The new sign code will take a two chapter approach. The
first will be a regulatory chapter for signs on private property. This will be the bulk of the
sign code. The second will be a proprietary chapter for signs on public or Town owned
property. Mr. Morrison recommends this approach to allow the Town more flexibility in
determining what private messages are acceptable on its own property.
Staff has completed its review of the first draft and the Town Attorney is also reviewing.
Randall’s experience and expertise of sign law is evident in the revisions and staff is
extremely pleased with the first draft. Significant changes were made in the organization
and language of the code allowing for greater usability, understanding, and legal
defensibility.
The scope, authority, and purpose of the code have been rewritten to ensure first
amendment rights are protected.
All definitions are now located in one section for the entire sign code.
Definitions are pure, meaning rules are not combined with a definition.
All content based regulations have been removed or modified.
A message substitution clause has been added to prevent any favoring of
commercial speech over non-commercial speech for legal reasons.
The second draft of the sign code will begin promptly to finalize code language and
definitions. The second draft will include revised tables and pictures into the code. Policy
decisions will be brought to the Board for final decisions prior to adoption. Staff is hopeful
to finalize and adopt the revised sign code as follows:
February 10,
2015
Randall Morrison, sign code consultant gave Sign Code 101 presentation at
Town Board Study Session
February 10,
2015
Contracted with Randall Morrison
April 3, 2015 Consultant completed first draft of sign code
Staff and Town Attorney are reviewing
April 28, 2015 Town Board discussion and update during Study Session
May 4, 2015 Begin 2nd draft
Early June, 2015 Present draft Sign Code in Town Board public hearing.
June, 2015 Tentative: Town Board adoption of Sign Code
June/July, 2015 Tentative: Publish and Codify
Proposal:
None-Update only.
Advantages:
N/A Discussion and update only.
Disadvantages:
N/A Discussion and update only.
Action Recommended:
None.
Budget:
Account number: 101 2300 423 2213, Contract/Skilled Services, $35,000.
Level of Public Interest
High in 2010.
Staff expect that interest will be moderate to high.
Attachments:
First Draft of Sign Code.
Town of Estes Park Colorado
Sign Code downloaded from website March 14, 2015
Revisions by Randal Morrison (rrmsignlaw@gmail.com)
Opening comment: I recommend two chapters, a regulatory chapter (regulation of signs on
private property -- Chapter 17.66) and a proprietary chapter for signs on Town Property
(Proprietary Chapter, 17.67). This approach gives the Town much more flexibility in
determining what private messages are acceptable on its own property.
Important Note: Clean drafting means: 1) keep all definitions pure; avoid combining a rule and a
definition; 2) put all definitions for the entire sign code in one section. For this reason I have
moved all definitions from “permitted sign definitions” into 66.040, the definitions section.
___________
Chapter 17.66
Signs on Private Property
17.66.010 Title.
This Chapter shall be known and cited as the "Town of Estes Park Regulatory Sign Code." (Ord.
11-76
§2(part), 1976; Ord. 17-02 §1(part), 2002; Ord. 24-10 §1, 2010) [Option: “Private Property Sign
Code.”]
17.66.015 Scope
This Chapter regulates signs, as defined herein, which are located on or mounted on privately
owned property, as well as property owned by public entities other than the Town of Estes Park
(when the Town has land use regulatory authority over such publicly owned land). Laws, rules,
regulations and policies for signs on property owned by the Town, or in which the Town holds
the present right of possession and control, are stated in Chapter 17.67.
[FYI Note: according to the Colorado Supreme Court ruling in Banner Advertising, Inc. v.
People of City of Boulder 868 P.2d 1077 (1994) cities do not have regulatory authority over
aerial banners; jurisdiction is exclusively in the FAA; the Ninth Circuit disagreed with this
holding in Center for Bio-Ethical Reform, Inc. v. City and County of Honolulu, 455 F.3d 910
(9th Cir 2006).]
17.66.017 Authority
This Chapter is adopted pursuant to the Town’s inherent police power, the Colorado Local
Government Land Use Control Enabling Act, [? Colorado Constitution – section authorizing local
zoning?] [Town Charter?].
17.66.020 Intent and purpose.
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The purposes of this Chapter is are to protect the health, safety and welfare of the citizens, and
to serve the public interests in community esthetics and safety, by providing for uniform control
of signs. In adopting this Chapter, the Town intends to balance many competing interests,
including but not limited to: It is the intent of the regulations set forth in this Chapter to:
(1) Recognize that signs are a necessary means of visual communication for the convenience
of the public;
(2) Recognize and ensure the right of those concerned to identify businesses, services and
other activities by the use of signs;
17-28
(3) To serve the aesthetic interests of the Town and Eensure that signs are compatible with
adjacent land uses and with the total visual
environment of the community;
(4) To serve the community interests in safety and to Pprotect 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) Provide for the uniform regulation of both commercial signs and noncommercial signs in
the same manner. (Ord. 11-76 §2(part), 1976; Ord. 15-97, 1997; Ord. 17-02 §1(part), 2002; Ord.
24-10 §1, 2010) [SURE? Certainly non-commercial messages must have equal display rights
with commercial, as provided by message substitution. However that principle is usually stated
as a one-way door. There is no legal reason that commercial messages must have equal display
rights with non-commercial, and in many situations – for example traffic and parking signs --
only noncommercial messages should be allowed.]
(6) To reduce the negative impacts that can result from excessive or inappropriate signage,
including but not limited to visual clutter, interruption of scenic views, and “shouting matches by
sign.”
(7) To give all residents of the Town the opportunity to exercise their Free Speech and other First
Amendment rights by the public display of a message on a sign.
(8) To regulate signs in a manner that does not favor commercial speech over noncommercial
speech and does not regulate noncommercial speech by content.
17.66.030 Scope and aApplication of Chapter.
The provisions of this Chapter shall apply to the display, construction, erection, alteration, use,
location and maintenance of all signs within the regulatory scope of this Chapter.Town, and i
From the date this Chapter becomes legally operative, it is unlawful hereafter to display,
construct, erect, alter, use or maintain any sign except in conformance with the provisions of this
Chapter and all other applicable laws, rules, regulations and policies. (Ord. 11-76 §2(part), 1976;
Ord. 17-02 §1(part), 2002; Ord. 24-10 §1, 2010)
17.66.040 Definitions.
As used in this Chapter, the following words and phrases are defined as follows:
“Area of a sign” means the area of the smallest geometric symbol encompassing all the
informative (communicative?) features of the sign, including copy, insignia, background and
borders, within a
polygon (parallelogram?) not exceeding twelve (12) sides (see Figures 1 and 2).
Figure 1
Example Polygon
17-29
Figure 2
Example Polygon
“Awning” means a shelter supported entirely from the exterior wall of a building (see Figure 3).
FiFigure 3
Example Awning
“Banner” means a temporary sign consisting of canvas, nylon, vinyl fabric or other flexible
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
noncommercial message or graphic. Compare: pennant.
“Billboard” means a permanent sign structure in a fixed location which meets any one or more
of the following criteria: (1) it is used for the display of off-site commercial messages; (2) the
message display area, or any part thereof, is made available to message sponsors other than the
owner(s) or operator(s) of the sign, typically for a fee or other consideration, i.e., general
advertising for hire; (3) the sign is a principal or secondary use of the land, rather than
appurtenant or accessory to some other principal use of the land.
“Bulletin board” means a sign used for the purpose of notification to the public of an event
or occurrence of public interest. Also known as readerboard.
“Building Code” means the latest edition of the Building Code, as amended and adopted by the
Town. See also: Safety Codes.
“Building Inspector” means the officer or other person charged with the administration and
enforcement of this Chapter, or his or her duly authorized deputy. [Most codes use the term
“Director” and then define which city office holder gets that title. Your call.]
“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 (see Figure 4).
17-30
Figure 4
Example Canopy
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[Optional: “Changeable copy sign” means a sign displaying a message that is changed by means
of moveable letters, slats, lights, light emitting diodes, moveable background material, or the
functional equivalent of any of them. “Digital signs,” “dynamic signs,” and CEVMS (changeable
electronic variable message signs) are all within this definition.
[Optional: “Commercial mascot” means a person or animal attired or decorated with commercial
insignia, images, costumes, masks or symbols, and/or holding signs displaying commercial
messages, when a principal purpose is to draw attention to or advertise a commercial enterprise.
This definition includes “sign twirlers,” “sign clowns,” “sign spinners,” “sign twirlers,” and
“human sandwich board” signs. Also known as “living signs.” Use this only if you have or
anticipate a problem in this area – most likely Liberty Tax – and want to have some rules to
control it.]
“Commercial message” means a message that proposes a commercial transaction or pertains
primarily to the economic and commercial interests of the message sponsor and/or the sign
audience. Also called “commercial speech.” [This dfn matches the language typically used in the
court decisions.]
“Construction site sign” means a sign that is displayed on the site of a construction development
project during the period of time of actual construction. [Note that this is strictly a time and
location definition; it says nothing about message content.]
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.
“Copy:” the visually communicative elements of a sign.
“Customer Courtesy” sign means a sign providing functional information to clients and
customers, such as open and close times, credit card policies, entrances and exits, and similar.
“Directional sign” means a sign whose principal function is to direct vehicular or pedestrian
traffic.
“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 (see
Figure 7).
Figure 7
Double-Sided Width Max. 24 Inches
[Note: between “digital display” and “Electronic Message Display”, choose one.]
“Digital display” means display methods utilizing LED (light emitting diode), LCD (liquid
crystal display), plasma display, projected images, or any functionally equivalent technology,
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and which is capable of automated, remote or computer control to change the image, either in a
“slide show” manner (series of still images), or full motion animation, or any combination of
them.
“Directional sign” is a sign used primarily to provide directions to pedestrians and vehicular
traffic.
“Display face” means those portions of a sign that are used for, or could be used for, display of
copy.
“Electronic mMessage dDisplay (EMD)” means a device that changes its message by electronic
or
digital process or by remote control or that uses light emitting diodes (LEDS), glow cubes or
other means of changeable illumination.
[Optional: “Election period” means that period of time which begins ___ days before a special,
general, or primary election in which at least some registered voters in the Town are eligible to
vote, and ends five days after such election.” Use this if your Directors want to increase the
amount of allowable signage during the defined election period. However, if they desire that,
then the additional display area must be equally available to all varieties of non-commercial
speech; that will happen automatically under Message Substitution.]
“Establishment” means any legal use of land, other than long-term residential, which involves
the use of structures subject to the Building Code. By way of example and not limitation, this
definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and
libraries, but does not include single-family homes, mobile homes, residential apartments,
residential care facilities, or residential condominiums. Multi-unit housing developments are
considered establishments during the time of construction; individual units are not within the
meaning of establishment once a certificate of occupancy has been issued or once a full-time
residency begins. [Note: I recommend the term establishment instead of business or enterprise,
to avoid the suggestion of favoring commercial speech. Some startup religious groups rent space
in a commercial shopping center; their sign rights must be at least equal to the store next door.
Such groups would not be included in “business” or “enterprise.”]
“Establishment premises” means a specific occupancy within a building or upon a parcel of land,
typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a
specific identity and location.
“Face or wall of building” means the general outer surface of any main (??) exterior wall or
foundation wall of the building, including windows and storefront.
“Flag” means a piece of fabric or other flexible material, usually rectangular, of distinctive
design, used as a symbol. [Note: courts will not tolerate preferential treatment of official flags.
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Formatted: Space After: 8 pt, Line spacing: Multiple
1.08 li, Adjust space between Latin and Asian text,
Adjust space between Asian text and numbers
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Brown v. California Dept. of Transp., 321 F.3d 1217 (9th Cir. 2003) Use this only if the
Directors want flag rules, such as maximum area, max number or max height of poles, etc. Many
cities leave flags unregulated.]
“Freestanding sign” means a sign which is principally supported on the ground by one or more
uprights, braces, poles, pylons or other similar structural components. This category includes
monument, pole, pedestal and ground signs.
“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 that is open to the general
public; and has either a main window display of the enterprise establishment 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 of the
building occupied by that use (see Figure 5).
Figure 5
EExample Nonqualifying and Qualifying Building Frontage
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 (see Figure 6).
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Figure 6
Arrows Indicate Frontage Counted Towards Calculations
[Do you need this? “Garage sale sign” means a sign whose message concerns short-term
rummage, estate, boutique or garage sales of used or handmade common household items from a
residential property.]
“General advertising,” also known as “general advertising for hire,” means the enterprise of
advertising or promoting other businesses or causes using methods of advertising, in contrast to
self-promotion or on-site advertising. [Note: this is the key to a defensible definition of
billboard.]
“Height” (of a sign) 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. [Note: most codes use average grade within a five
foot radius from the lowest point of the sign. However, I see no legal problem with 25 feet.]
“Identification sign” means and includes any of the following:
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a. A nameplate which identifies an occupant by name and, when applicable,
business or professional title;
b. A sign which establishes the identity of a building or building complex by name or
symbol;
c. A sign which indicates street address or combines nameplate and street address;
d. A sign which identifies an area in the Town which, by reason of development, natural
features, historical occurrences or common references, has or will become a landmark or
distinctive area in the
Town; and
e. A commemorative sign, such as a cornerstone, memorial or plaque, when such is cut
into a masonry surface or constructed of bronze or other incombustible material and is made an
integral part of the structure. [See list of candidates for exclusion from the dfn of sign]
“Joint identification sign” means a sign which serves as common or collective identification for
two (2) or more uses on the same lot.
Kiosk means a small structure, typically located within a pedestrian walkway or similar
circulation area, and typically used to display posters and public information
notices that do not contain commercial content. [I sometimes see “kiosk” used to describe a
single sign that gives directions to various new tract housing developments; would that apply in
EP? As currently defined, how is “kiosk” different from “bulletin board”? What if someone posts
a picture of their “car for sale” . . . is that commercial content in this context?]
“Illegal sign” means a sign that was originally installed without all required approvals and/or
permits, and which has not been legalized by later action. This definition also includes a sign that
was erected in conformance with all applicable laws, rules, and regulations in effect at the time
of installation, but which was subsequently altered so as to be out of compliance with applicable
law, including the terms of permits which authorized construction.
“Illumination, direct” means lighting by means of an unshielded light source (including
fluorescent, light-emitting diode or LED and or neon tubing) which is effectively visible as a part
of
the sign, where light travels directly from the source to the viewer's eye.
“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 façade upon which a sign is displayed.
“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.
“Install” or “installation” includes but is not limited to the act by which a sign is constructed or
placed on land or a structure, or the act of attaching, painting, printing, producing, or
reproducing, or using any other method or process by which a visual message is presented or
placed upon a surface.
“Legal nonconforming sign” means a sign that complied with all applicable laws, rules and
policies at the time of installation, and which has not been expanded beyond the originally
applicable rules, but which does not conform to currently applicable law and rules.
“Light source” means and includes any device, or method of producing light, including neon,
fluorescent or similar tube lighting, light-emitting diode or LED incandescent bulb, and any
reflecting surface which, by reason of its construction and/or placement, becomes in effect the
light source.
“Lighting, back-litghted” means a concealed light source located behind the surface of the sign
to
highlight specific elements of the sign.
“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.
“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 in 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 shall be considered as maintenance
only when the sign conforms to all of the applicable provisions of this Chapter.
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“Message” means a complete, static electronic display message on an electronic message display
(EMD). [After “sign copy,” do we really need this dfn?]
“Message hold time” means the time interval that a static message or frame must remain on the
electronic message display (EMD) before transitioning to another message or frame. [The more
common definition is simply “hold time.”]
“Mobile billboard” means a sign on a wheeled conveyance (whether motorized or not) or water
craft, including those which carry, convey, pull or transport any sign used for general advertising
Formatted: Highlight
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for hire. Also known as sign truck, sign vehicle, and similar terms. The term does not include
vehicles and vessels that display identification information concerning the usual business or
regular work of the vehicle/ vessel owner (not including general advertising), or indicators or
registration and licensing.
“Monument sign” means a low-profile freestanding sign supported by a structural base or other
solid structural features other than exposed support poles, which may contain copy on more than
one side. Compare: pole sign?
“Mural or Artistic Mural.” [Note many sign codes either exempt artistic murals from regulation
or give them additional display area, to encourage ‘public art.’ But problems often arise when the
“artistic mural” is thematically linked to the goods and services sold by the store inside the
building, and thus can be seen as commercial signage that exceeds the size limit. For examples,
do images.google.com and seek “wag more dogs” or “inland octopus.”] If you still want special
treatment for murals, try: “Mural” or “mural-type sign” means a sign painted on the exterior
wall of a building and consisting of graphics or images, either alone or in combination with
letters, artistic in nature, the images which are not thematically linked to the goods and
services ordinarily sold in the same or any adjacent building or lot. [If the Board wants to allow
or encourage murals, then they need to understand that the Town cannot act as art jury, other
than public art projects sponsored directly by the Town, complete with acceptability criteria
spelled out in advance.
“Motor vehicle providing public transportation” means 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. [Are we risking a conflict with state law? In many states public
transport vehicles with state authorization have a state law right to sell and display advertising as
a way to raise operating funds.]
“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.
“Nits” refers to the measurement of luminance. are a measurement of luminance. One (1) nit is
equal to one (1) candela per square meter
(1 cd/m2).
).
“Non-commercial message” means a constitutionally protected message that addresses topics of
public concern or controversy such as, by way of example and not limitation, politics, religion,
philosophy, science, art or social commentary. [Unsettled point: does the commercial /
noncommercial distinction apply only to “debate” signs, or does it also apply to strictly
informative signs that play no role in debate, such as a stop sign or speed limit or “beware of
dog.”]
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“Offsite sign” means a sign that advertises commercial products, accommodations, services or
activities not provided in or on the property or premises upon which the sign is located. The on-
site/off-site distinction does not apply to non-commercial messages. [Why not? To avoid the
dilemma of defining the location of an idea.]
“Onsite sign” means a sign that advertises the commercial business, accommodation, services or
activities provided on the premises on which the sign is located, or is expected to be provided in
the near future [i.e., “coming soon” movie posters]. [Option 1: In the case of redevelopment
projects, all establishments within the project are on-site as to any and all signs that are also
located within the project.] [Option 2: In the case of developments subject to a master sign
program, all establishments subject to the program are considered on-site whenever located
within any location subject to the program.] [Option 3: All establishments within a shopping
center are on-site as to any sign(s) also located within that shopping center.] As to construction
signs, “on-site” includes all parties involved in the specific construction project. The on-site/off-
site distinction does not apply to non-commercial messages. [Note: if desired, you could also
define “on-site” as any sign located within X feet of a main public entrance to an establishment.
This might be useful if your Board wants to allow A-frame and other sidewalk signs in front of
stores.]
“Pennant” means a banner of triangular form, or swallow-tail form, with or without some
communicative image or symbol placed thereon.
“Permanent sign” means a sign that is solidly attached to a building, structure, or the ground by
means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby
rendering the sign non-moveable or difficult to reposition without the use of machinery, cutting
devices, or mechanical devices. See also “temporary sign.”
“Pole sign” means a permanently mounted, freestanding sign which is supported above the
ground by one or more exposed uprights, braces, poles, or other similar structural components.
[Note: I added “exposed” to distinguish signs using poles or pylons that are covered with skirting
or cladding; when the poles are covered, the sign should fall into the monument sign dfn.]
“Portable sign” means a sign which is not attached to the ground, a building or other structure,
and is easily moved; however vehicle signs are not within this definition. [Why note? Consider
making vehicle signs a sub category of portable sign.]
“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. [Most sign codes grant special display rights to real
estate signs. Note that under message substitution, any real estate sign can be converted in whole
or in part to any kind of protected noncommercial speech message.
“Suspended sign” means a sign suspended from the ceiling of an arcade, marquee or canopy.
“Temporary sign” means a sign which is intended for a temporary period of display for the
purpose of announcing a special event as expressly provided for in Sections 17.66.170,
17.66.180
and 17.66.200 of this Chapter or promoting a political campaign or special election, and
temporary
construction site and real estate signs.
“Projecting sign” is any sign which projects beyond a building face and uses a wall or vertical
element of a building as its main source of support. The term includes a double-faced sign that is
installed more or less perpendicular to the face of a building so as to allow a message to be
viewable from either side. The term does not include signs that are installed along the face of a
building and that are completely attached to the face of a building.
“Residential Sign” means a sign displayed on a legal, individual dwelling unit. The term does not
apply to management offices of apartment complexes or mobile home parks, or to hotels, motels,
inns or other places of transient occupancy.
“Rooftop sign” or “Roof-mounted sign” means a sign that extends above the ridgeline of the roof
of a building or a sign attached to any portion of the roof of a building.
“Roof” means the cover of any building, including the eaves and similar projections.
“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.
Roof sign means a sign painted on the roof of a building, supported by poles, uprights or braces
extending from the roof of a building or projecting above the roof line or a building (see Figures
9
and 10).
Figure 9
Example Roof Sign
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Figure 10
Example Roof Sign
“Safety Codes” refers to the Building, Electrical, Plumbing, Grading and similar codes which
ensure safe construction.
“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
Formatted: Strikethrough
Formatted: Highlight
Formatted: Highlight
any other display of similar character containing either commercial content or noncommercial
content which:
a. Is a structure or any part thereof (including the roof or wall of a building);
b. Is written, printed, projected, painted, constructed or otherwise placed or displayed upon
or designed into a building, board, plate, canopy, awning, vehicle or upon any material object
or device whatsoever; and
c. By reason of its form, color, wording, symbol, design, illumination, motion or other
feature, attracts or is designed to attract attention to the subject thereof or is used as a means of
identification, advertisement or announcement, or noncommercial communication.
Consider this alternative:
“Sign” as used in this Chapter, generally means any visually communicative image placed on
public display and visible from the exterior of any portion of the public right of way or place
open to passage by the public.
Notwithstanding the generality of the foregoing, the term “sign” does not include:
[Here is a list of candidates for exclusion from the dfn of sign. Anything that is excluded from
the definition of sign is outside the scope of this Chapter. Town’s choice.]
A. Aerial banners towed behind aircraft and banners and flags displayed from watercraft;
B. Architectural features – decorative or architectural features of buildings (not
including lettering, trademarks or moving parts), which do not perform a
communicative function (examples include color stripes around an office building or
retail store);
C. Automated Teller Machines (ATM’s), when not used for general advertising;
D. Cornerstones and foundation stones;
E. The legal use of fireworks, candles and artificial lighting not otherwise regulated by
this chapter;
F. Grave markers, gravestones, headstones, mausoleums, shrines, and other markers of
the deceased;
G. Historical monuments, plaques and tablets;
H. Holiday and cultural observance decorations displayed in season, including inflatable
objects, on private residential property which are on display for not more than 45
calendar days per year (cumulative, per dwelling unit) and which do not include
commercial messages;
I. Inflatable gymnasiums associated with legal residential uses – inflatable, temporary,
moveable, gymnasium devices commonly used for children’s birthday parties, and
similar devices (also called “party jumps” or “bounce houses”);
J. Interior graphics – visual communicative devices that are located entirely within a
building or other enclosed structure and are not visible from the exterior thereof;
K. Manufacturers’ marks – marks on tangible products, which identify the maker, seller,
provider or product, and which customarily remain attached to the product even after
sale;
L. Mass transit graphics – graphic images mounted on duly licensed and authorized
mass transit vehicles that legally pass through the city;
M. News racks, newspaper vending devices and newsstands;
N. Personal appearance: makeup, masks, wigs, costumes, jewelry, apparel and the like,
unless it constitutes a commercial mascot (which see);
O. Safety warnings on motorized or electrified equipment;
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P. Searchlights used as part of a search and rescue or other emergency service operation
(this exclusion does not apply to searchlights used as attention attracting devices for
commercial or special events);
Q. Shopping carts, golf carts, horse drawn carriages, and similar devices (any motorized
vehicle which may be legally operated upon a public right-of-way is not within this
exclusion);
R. Symbols embedded in architecture – symbols of non-commercial organizations or
concepts including, but not limited to, religious or political symbols, when such are
permanently integrated into the structure of a permanent building which is otherwise
legal, by way of example and not limitation, such symbols include stained glass
windows on churches, carved or bas relief doors or walls, bells and religious statuary;
S. Vehicle and vessel insignia – on street legal vehicles and properly licensed watercraft:
license plates, license plate frames, registration insignia, non-commercial messages,
messages relating to the business of which the vehicle or vessel is an instrument or
tool (not including general advertising) and messages relating to the proposed sale,
lease or exchange of the vehicle or vessel. [Possible problem: store owner has a big
sign on the pickup, and routinely parks it on public street near the store. Do you care?
Do you want to ban them? (most cities do). If so, the safe route is to ban only when
parked on public property, and if parked on private property, then the vehicle signs
then count toward the total allowable display area.]
“Sign face” means the surface of a sign upon, against or through which the message is displayed
or illustrated. Also known as display face.
“Sign structure” means any supports, uprights, braces or frameworks of a sign.
“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. [Consider converting this
into a rule rather than a dfn.]
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“Transition duration” or “transition time” means the time interval that it takes for an electronic
message display to
change from one (1) complete static message to another complete static message or frame. (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; Ord. 24-10 §1, 2010; Ord. 18-11 §1, 2011)
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Numbering Style: A, B, C, … + Start at: 2 + Alignment:
Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Indent: Left: 0.5", Space After: 8 pt, Line
spacing: Multiple 1.08 li, No bullets or numbering,
Adjust space between Latin and Asian text, Adjust
space between Asian text and numbers, Tab stops: Not
at 0.5"
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Numbering Style: A, B, C, … + Start at: 2 + Alignment:
Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Indent: Left: 0.5", Space After: 8 pt, Line
spacing: Multiple 1.08 li, No bullets or numbering,
Adjust space between Latin and Asian text, Adjust
space between Asian text and numbers, Tab stops: Not
at 0.5"
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Numbering Style: A, B, C, … + Start at: 2 + Alignment:
Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Indent: Left: 0.5", Space After: 8 pt, Line
spacing: Multiple 1.08 li, No bullets or numbering,
Adjust space between Latin and Asian text, Adjust
space between Asian text and numbers, Tab stops: Not
at 0.5"
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Numbering Style: A, B, C, … + Start at: 2 + Alignment:
Left + Aligned at: 0.5" + Indent at: 0.75"
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17.66.041 Permitted sign definitions.
As used in this Chapter, the following words and phrases are defined as follows:
Bulletin board sign means a sign used for the purpose of notification to the public of an event
or occurrence of public interest.
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.
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.
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 (see
Figure 7).
Figure 7
Double-Sided Width Max. 24 Inches
Flag means a piece of cloth or fabric, usually rectangular, of distinctive color and design, used
as a symbol, standard, signal or emblem, that does not contain commercial content. Typical flags
include, but are not limited to, national flags, flags of state and fraternal flags.
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.
Identification sign means and includes any of the following:
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a. A nameplate which establishes the identity of an occupant by listing his or her name and
business or professional title;
b. A sign which establishes the identity of a building or building complex by name or
symbol only;
c. A sign which indicates street address or combines nameplate and street address;
d. A sign which identifies an area in the Town which, by reason of development, natural
features, historical occurrences or common references, has or will become a landmark in the
Town; and
e. A commemorative sign, such as a cornerstone, memorial or plaque, when such is cut
into a masonry surface or constructed of bronze or other incombustible material and is made an
integral part of the structure.
Joint identification sign means a sign which serves as common or collective identification for
two (2) or more uses on the same lot.
Kiosk means a small structure, typically located within a pedestrian walkway or similar
circulation area, and intended for a use such as display space for posters and public information
notices that do not contain commercial content.
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.
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.
Suspended sign means a sign suspended from the ceiling of an arcade, marquee or canopy.
Temporary sign means a sign which is intended for a temporary period of display for the
purpose of announcing a special event as expressly provided for in Sections 17.66.170,
17.66.180
and 17.66.200 of this Chapter or promoting a political campaign or special election, and
temporary
construction and real estate signs.
“Vehicle-mounted sign” means a sign displayed upon a trailer, van, truck, automobile, bus,
railroad car, tractor, semi-trailer or other wheeled vehicle, whether or not such vehicle is in
operating
condition. Also called “vehicle sign.” [Does this include signs mounted on bicycles? Clarify.]
“Vending machine sign” means a sign that is incorporated into and designed as a part of a
vending machine. [See exclusions from dfn of sign, ATM]
“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 (see Figure 8).
17-35
Figure 8
Defined Wall Sign 45 Degrees or Less if Attached to Roof
“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 flags or temporary banners and
Town-sponsored events banners. (Ord. 24-10 §1, 2010; Ord. 14-14 §1,
2014)
“Window sign” means a sign which is painted on, applied or attached to, or located within three
(3) feet of, the interior of a window, which sign can be seen through the window from the
exterior
of the structure. Merchandise presently offered for sale, which is included in a window display,
shall not be included as part
of a window sign. (Ord. 24-10 §1, 2010; Ord. 18-11 §1, 2011)
17.66.042 Prohibited sign definitions.
As used in this Chapter, the following words and phrases are defined as follows:
Off-premises advertising sign means any off-premises sign, including a billboard or general
outdoor advertising device, which advertises or directs attention to a business, commodity,
service
or activity conducted, sold or offered elsewhere than on the same lot or within the same building
upon which such sign is located. [See offsite dfn above.]
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.
Roof sign means a sign painted on the roof of a building, supported by poles, uprights or braces
extending from the roof of a building or projecting above the roof line or a building (see Figures
9
and 10).
Figure 9
Example Prohibited Roof Sign
17-36
Figure 10
Example Prohibited Roof Sign
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 flags or temporary banners and
Town-sponsored events banners as provided for herein. (Ord. 24-10 §1, 2010; Ord. 14-14 §1,
2014)
17.66.050 Exemptions From Permitting.
Signs listed in this section are exempt from the sign permit requirement, but still must conform
to all other applicable laws, rules, regulations and policies, whether imposed by the Town or
another governmental authority, including applicable setback, construction, illumination and
safety standards. Further, the signs listed in this section 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 an establishment. 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.
(1) Signs which are not visible beyond the boundaries of the lot or parcel upon which they are
located and/or from any public thoroughfare or right-of-way.
(2) Official governmental notices and notices posted by governmental officers in the
performance of their duties, and governmental signs to control traffic or for other regulatory
purposes, to identify streets or to warn of danger.
(3) Flags 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. [Better to state a maximum cumulative area for all flags on the lot, and leave the number up
to the property owner or resident. Clarify if the area is counted one side or two. Okay to limit the
height of poles (typically the same as the highest point of any building on the lot) and number of
poles. Some people will protest that the Town is violating the US Flag Code. That is impossible,
since the US Flag Code applies only to agencies of the US Govt and has no effect on local law.
Some people have extremely strong emotions about displaying their flags. In some towns the
leading companies want to display their corpo flag along with the gov’t flags. Consider deleting
the “do not identify commercial enterprise or other place of business.” Most cities that go there
do not allow commercial image flags (Herbalife etc) in residential areas.
(4) Temporary decorations or displays, when such are clearly incidental to and are commonly
associated with recognized holidays. [This is listed under exclusions from the dfn of sign. No
need to repeat.]
(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, and are currently offered for sale to the public.
(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,
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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. See exclusion from dfn
of sign.
(8) All customer courtesy "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, awnings and/or
canopies, or assembled or arranged to convey messages, words, commercial advertisements,
slogans and logos; and
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. [Does this
open the door to digital display signs that hold the image? Do you care?]
(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.
b. The signs shall not be prohibited signs, as more specifically set forth in Section
17.66.060. [Again, often state law gives public transport vehicles a right to display ad messages
as a way to reduce public subsidy. Check to see if you have a conflict with state law here.]
(11) Identification signs which do not exceed two (2) square feet per face or four (4) square
feet in cumulative total surface display area, limited to six (6) feet in height and limited to one
(1) such sign per use or
per building [or establishment?], 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.
a. An open house sign associated with the property for sale may only be displayed from
one (1) hour before the start of the open house, and must be removed no later than one (1) hour
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
after the conclusion of the open house. Most realtors want to display a sequence of Open House
signs, during the house open time, and insist that on open house day they should not be restricted
to on-site only. Also remember that real estate and open house signs are subject to message
substitution.
b. An open house sign may only be displayed between 8:00 a.m. and 8:00 p.m. each day.
c. An open house sign may not be displayed for more than three (3) consecutive days (this
provision does not apply to show models in new developments; in which case, what display time
rule does apply?).
(13) Signs in the nature of cCornerstones, 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. Check for conflict with exclusions from dfn of sign.
(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
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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 establishment upon which said signs are
displayed; and
b. Does not exceed twenty-five percent (25%) of the total allowable sign area for the
premises.
Such signs shall not exceed four (4) square feet in total surface display 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. [Any time limit on window signs? Most cities do that.]
(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) Customer courtesy sign
Signs which identify items such as credit cards, menus or prices; limited to one (1) such
sign for each establishment, 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 and warning 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 or establishment.
(20) Text or copy changes on signs specifically designed to permit changes of the text or copy
thereof.
(21) Temporary special event posters that do not exceed two (2) square feet in size, limited to
one (1) such sign per event per premises. Including residences? If no, use “establishment.”
(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; Ord. 24-10 §1, 2010; Ord. 14-14 §1, 2014) see exclusion from “sign” dfn
17.66.060 Prohibited signs.
The following signs shall not be permitted, erected or maintained in the Town:
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(1) Billboards and other Off-premises advertising signs, except:
a. As specifically permitted by Sections 17.66.170, 17.66.180 and 17.66.200 of this
Chapter.
b. Nonilluminated open house real estate signs, provided that:
1. Off-premises signs are located on private property with the property owner's consent;
2. They comply with the size and time limitations set forth in Paragraph 17.66.050(12)
above; and
3. They are limited to two (2) off-premises signs per open house. This is in the wrong category.
Should be in Permit Exempt section.
(2) Portable signs, roof signs and wind signs. [Note: live, in-person display of noncommercial
messages – picketing, protesting, etc – cannot be banned entirely, but can be subject to
reasonable TPM rules.
(3) 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 17.66.180,
17.66.190 and 17.66.200, time-temperature-date signs, traditional barber poles and gauges and
dials which may be animated to the extent necessary to display correct measurement. The Town
sponsored banners should be in the proprietary chapter. In at least one case, an exception for time
and temperature caused the entire sign code to be invalidated. I view that case as aberrational.
(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 light electrical pulsations. [Note there is a big
debate going on now about whether such language covers digital signs. One Arizona case said
YES and the Federal Highway Admin position is NO. ]
(6) Signs which incorporate projected images, emit any sound which is intended to attract
attention or involves the use of live animals.
(7) Any sign which is installed or erected in or projects into or over any public right-of-way,
Formatted: Highlight
Formatted: Highlight
except in the case of a sign for which a permit has been issued in conformance with the
requirements of this Chapter or Chapter 17.67..
(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
Sections 17.66.070, 17.66.170, 17.66.180 and 17.66.200 of this Chapter. Do you want to ban
“commercial mascots” – see dfn above.
(9) Any sign or sign structure which:
a. Is structurally unsafe;
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:
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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;
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) Signs with commercial content not pertinent and/or not clearly related to the principal
permitted use on the property where located. (Ord. 24-10 §1, 2010; Ord. 18-11 §1, 2011)
(13) Signs used for the purpose of general advertising for hire.
17.66.070 Temporary signs.
Temporary signs in all zoning districts shall be subject to the following specific requirements:
(1) The size of temporary signs shall be limited to the maximum size allowed herein for
permanent signs in the respective zoning districts, unless a larger size is expressly provided for
hereunder. (Does this mean that the temporary signage uses up the permanent signage allowance,
or that you have two separate categories of maximum display area, permanent and temporary?]
(2) Temporary construction, real estate and political campaign or special election signs shall
be allowed for a period of ninety (90) days without a permit, except that temporary real estate
signs no larger than nine (9) square feet per face shall be exempt from a permit until the property
is sold. Temporary signs shall be removed no later than five (5) days after the last required
certificate of
occupancy is issued, sale of the property or political campaign or special election has occurred,
whichever occurs first.
(3) Temporary construction site 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 rRiders
and or
attachments to such signs are prohibited. shall be permitted.
b. Construction site signs shall be displayed only on the property to which the sign pertains.
One (1) such sign shall be permitted for each street upon which the property either has frontage
or has an entrance from a major thoroughfare; provided that the minimum distance between
signs on any single development shall be one thousand (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.
(4) Temporary banners. See Sections 17.66.180, 17.66.190 and 17.66.200 of this Chapter.
(Ord. 24-10 §1, 2010; Ord. 18-11 §1, 2011)
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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 (see Figure 11).
Figure 11
Irregularly Shaped Sign
(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 (see Figure
12).
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Figure 12
Example Sign Structure Included in Calculating 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. What if it is a double faced sign with the two
panels not quite parallel? What if they form a V?
(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
(see
Figure 13). Consider: the area upon which the sign copy is mounted.
Figure 13
Example Multiple Unit Sign
(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 (see Figure 14).
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Formatted: Highlight
Figure 14
Example Three Dimensional Sign
(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 Paragraph 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; Ord. 24-10 §1, 2010)
17.66.090 General regulations.
Any sign allowed herein may contain, in lieu of any other message or copy, any lawful,
noncommercial message, so long as the sign complies with the size, number, illumination,
height,
area and other requirements. Signs containing noncommercial 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.
This is a workable and adequate version of the message substitution idea. Consider my “King
Kong” version:
Subject to the private property owner’s consent, a constitutionally protected noncommercial
message of any category or content may be substituted, in whole or in part, for any allowed
commercial message or any other protected noncommercial message, provided that the sign
structure or mounting device is legal without consideration of message content. Such
substitution of message may be made without any additional approval or permitting. The
purpose of this provision is to prevent any favoring of commercial speech over non-commercial
speech, or favoring of any particular protected noncommercial message over any other
protected noncommercial message. Message substitution is a continuing right which may be
exercised any number of times. The message substitution right does not: 1) create a right to
increase the total amount of sign display area on a site or parcel; 2) create a right to substitute
an off-site commercial message in place of an onsite commercial message or in place of a
noncommercial message; 3) affect the requirement that a sign structure or mounting device
must be properly permitted; 4) authorize changing the physical method of image presentation
(such as digital or neon) display without a permit; or 5) authorize a physical change to the sign
structure without compliance with applicable building codes, safety codes, and neutrally-
applicable rules for sign size, height, orientation, setback, separation or illumination.
(1) Signs at street intersections shall be located in conformance with Appendix D, Section IV,
Intersection and Driveway Visibility, of the Estes Valley Development Code.
(2) Illumination. Illuminated signs shall be subject to the following conditions:
a. External light sources shall be directed and shielded to limit direct illumination of any
object other than the sign.
b. In no case, with all lighting components energized, shall the lighting intensity of any
sign, whether resulting from internal or external illumination, exceed ten (10) foot-candles
when measured with a standard light meter held at a distance of ten (10) feet from the sign
face. And, except in the CD zoning district, shall add no more than one (1) foot-candle to
illumination levels at any point off site.
c. Signs shall not have exposed incandescent lamps exceeding fifteen (15) watts each?. Signs
shall not have exposed neon or fluorescent lamps exceeding four hundred (400) lumens per
foot.
d. Brightness. Maximum brightness levels for electronic reader boards [where are they allowed?
Where are they defined?] shall not exceed
four thousand (4,000) nits when measured from the sign's face at its maximum brightness
17-44
during daylight hours and four hundred (400) nits when measured from the sign's face at its
maximum brightness between dusk and dawn. The Town shall have the right to view the
programmed [?] specifications of the sign to determine compliance.
e. Dimmer control. Each electronic message display shall be equipped with dimming
technology that automatically varies the brightness of the electronic message display according
to the ambient light conditions. [You will have to specify the requirements in the permit.]
f. Operational limitations. Electronic message displays shall contain static messages only
and shall have immediate transitions from one (1) message to the next. The transition duration
shall be instantaneous (one [1] message will instantly transition to the next message,
instantaneous re-pixelization).
1. Each image message on an electronic message display shall be displayed for a minimum of
five (5) minutes.
2. An electronic message display shall contain no more than one (1) message at a time.
3. Electronic message displays shall be limited in size to eight (8) square feet in the CD
zoning district and twenty (20) square feet in the A, CO, CH, O and I-1 zoning districts.
g. 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. Time and temp exemption is
a form of content based favoritism of particular messages or information. Sign code challengers
love to attack this. Some courts have been convinced that the TT exception is diminish; others
have taken an absolutist approach.
h. Signs in the A, CD, CO, CH, O and I-1 zoning districts may be indirectly, directly or
internally illuminated. Signs in all other zoning districts may be indirectly or internally
illuminated.
Formatted: Highlight
Formatted: Highlight
(3) 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.
(4) 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 (see
Figure 15). All illuminated window signs shall be included in the total allowable sign area for the
premises.
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Figure 15
Example Allowable Sign
(5) Signs which identify lands which have been subdivided [and approved for residential
development?] in accordance with the Estes
Valley Development Code shall be subject to the following regulations:
a. The sign may be located within public street right-of-way where such sign is approved
as an integral feature of the street construction plans at the time of final plat approval. [This
means that private, commercial speech is allowed on public property, some of which will be in
the “traditional public forum” category. In such areas equal display rights for all noncommercial
speech must be allowed, as a constitutional principle. Since provision really belongs in the
proprietary chapter.
Otherwise, the sign shall be located a minimum of ten (10) feet from the street right-of-way
line.
b. Such signs shall conform to the sign requirements relating to site distances at
intersections under the provisions of this Chapter.
c. The maximum size for a subdivision identification sign shall be thirty-six (36) square
feet (or eighteen [18] feet per face when two faces are simultaneously exposed to public view).
d. 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(I) and (J), 1982; Ord. 15-97, 1997; Ord. 17-02 §1(part), 2002;
Ord. 24-10 §1, 2010; Ord. 18-11 §1, 2011) This is content based regulation, prohibiting specific
message. Risky. In case of a court challenge, hard to justify. I recommend deletion. Why should
the Town care if there is a symbol, logo, picture or trademark for the development on the sign?
17.66.100 District sign regulations.
(a) Use districts (zoning districts). The use districts, as set forth in the Estes Valley Development
Code, shall apply to this Chapter. The boundaries of the use districts shall be determined by
reference
to the zoning map of the Estes Valley.
(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
Formatted: Highlight
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.
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(d) Total allowable sign area. The total area of all signs on a lot or, in the case of a permitted use
or uses occupying two (2) or more adjacent lots, the total area of all signs on all such adjacent
lots,
shall not exceed one and one-half (1.5) square feet per lineal foot of building frontage at ground
level,
and three-quarters (0.75) square foot per lineal foot of second story building frontage. In no
event,
however, shall the cumulative total allowable sign area exceed two hundred (200) square feet per
business.
Schedule of Requirements
Resume here
Nonresidential Zoning Districts (A, CD, CO, CH, O, I-1)
Type of Sign
Permitted
Maximum Sign Area
Permitted Per Business
Maximum Area
Per Sign Face
Maximum No. of
Signs Permitted
Maximum Height
of Signs
All permitted in
Section 17.66.041
200 sq. ft. for
freestanding, except in the
CD District, where the
freestanding max. area
shall be 150 sq. ft.
Suspended: 5 sq. ft
Time-temp.: 10 sq. ft.
Freestanding:
2 per lot
25 ft.
15 sq. ft. for projecting
10 sq. ft. for suspended
(5 per face)
1.5 sq. ft. per l ft. of
frontage (200 sq. ft. max.)
for wall signs
Temporary signage
(17.66.070): 32 sq. ft.
Temporary signage
(17.66.070): 32 sq. ft.
Temporary
construction and
real estate signs
(17.66.070): 1 per
street frontage
12 ft.
Residential Multi-Family Zoning Districts (RM, R-2, A-1) *
Type of Sign
Permitted
Maximum Sign Area
Permitted Per Business
Maximum Area
Per Sign Face
Maximum No. of
Signs Permitted
Maximum Height
of Signs
All permitted in
Section 17.66.041,
except vending
machine signs,
kiosks
75 sq. ft. for freestanding Suspended: 5 sq. ft. Freestanding:
1 per lot
All signs: 25 ft.
15 sq. ft. for projecting
10 sq. ft. for suspended
(5 per face)
1.5 sq. ft. per l ft. of
frontage for wall signs
(max. 150 sq. ft.)
Temporary signage
(17.66.070): 32 sq. ft.
Temporary signage
(17.66.070): 32 sq. ft.
Temporary
construction and
real estate signs
(17.66.070): 1 per
street frontage
12 ft.
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Single-Family Residential Zoning Districts (R-1, R, E-1, E, RE, RE-1) *
Type of Sign
Permitted
Maximum Sign Area
Permitted Per Business
Maximum Area Per
Sign Face
Maximum No. of
Signs Permitted
Maximum Height
of Signs
All permitted in
Section 17.66.041,
except bulletin
board signs, joint
identification
signs, vending
machine signs,
kiosks
All signs: 9 sq. ft. All signs: 9 sq. ft. 2 per residence All signs: 6 ft.
* Except for address identification signs not exceeding 4 square feet and subdivision
identification signs, signs in SingleFamily
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; Ord. 24-10 §1, 2010; Ord. 18-11 §1, 2011)
17.66.110 Sign regulations in nonresidential zones (A, CD, CO, CH, O, I-1).
The following regulations shall apply to all uses in nonresidential 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, except in the CD district where the freestanding
maximum area shall be one hundred fifty (150) square feet.
(2) Signs or uses with multiple frontage. The total area of all signs on any face of a building
shall not exceed 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 lot.
d. Maximum area: No freestanding sign shall be larger than one hundred fifty (150) square
feet.
e. The combined total of all freestanding signs on an individual property or single lot shall
not exceed one hundred fifty (150) square feet.
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(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 (see Figures 16 and 17). 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.
Figure 16
Example Conforming Projection
Figure 17
Example Nonconforming Projection
2. Signs displayed on architectural projections which extend fifteen (15) inches or less
from the face of a building may be considered wall signs and are subject to those
provisions.
(5) Projecting signs:
a. Minimum setback: four (4) feet from street property line in the Commercial Downtown
(CD) Zoning District, or eight (8) feet from property lines in all other zoning districts, and no
17-49
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. Minimum clearance: Nine (9) feet from the ground to the bottom edge of the sign.
b. Maximum area: Five (5) square feet per face, ten (10) square feet total surface area.
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.
Figure 18
Example Nonconforming Suspended Sign
Figure 19
Example Conforming Suspended Sign
(7) Wall signs:
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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 roofline 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 (45) degrees or
less from vertical shall be considered a wall sign and shall be subject to the size and height
limitations noted under this Subsection.
d. Maximum number: Two (2) wall signs for each building frontage.
(8) Joint identification signs:
a. Type: May be freestanding, projecting or wall.
b. Number: Where a freestanding joint identification sign is used, there shall be no other
freestanding signs permitted on the premises.
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 (2) square feet per face, then
that sign area shall be exempt from the total allowable calculation for that business. In all other
commercial zoning districts where individual sign panels that are part of a joint identification
sign are not larger than eight (8) 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. (Ord. 24-10 §1, 2010; Ord. 14-14 §1, 2014)
17.66.120 Sign regulations in multi-family residential zones (RM, R-2 and A-1).
(a) Total allowable sign area.
(1) The maximum allowable total cumulative sign area for any one (1) multi-family
residential lot shall not exceed seventy-five (75) square feet.
(2) Home occupation signs shall not exceed four (4) square feet in cumulative area.
(b) Freestanding signs:
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(1) Maximum height: Twenty-five (25) feet.
(2) Minimum setback: Eight (8) feet from any property line, four (4) feet from any building.
(3) Number: One (1) freestanding sign per street frontage or building frontage, not to exceed
two (2) per lot.
(c) Wall signs:
(1) 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
threequarters
(0.75) square foot per lineal foot of second story building frontage.
(2) Maximum height: Twenty-five (25) feet above the ground on multi-family lots.
(d) Joint identification signs:
(1) Type: May be freestanding, projecting or wall.
(2) Number: Where a freestanding joint identification sign is used, there shall be no other
freestanding signs permitted on the premises. (Ord. 24-10 §1, 2010)
17.66.130 Sign regulations in all single-family residential zones (R-1, R, E-1, E, RE, RE-1).
(a) Total allowable sign area.
(1) The maximum allowable total cumulative sign area for any one (1) single-family
residential lot shall not exceed nine (9) square feet.
(2) Home occupation signs shall not exceed four (4) square feet in cumulative area.
(b) Freestanding signs:
(1) Maximum height: Six (6) feet.
(2) Minimum setback: Eight (8) feet from any property line.
(3) Maximum number: One (1) freestanding sign per lot. (Ord. 24-10 §1, 2010)
17.66.140 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 rightsof-
way
or public easements.
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(3) Anchorage. Anchors and supports shall be guarded and protected when near driveways,
parking lots or similar locations where they could be damaged by moving vehicles. Signs
attached
to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal
anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely
the
loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or
supported by an unbraced parapet wall.
(b) Clearance. Signs shall not be located with less than six (6) feet horizontal clearance, or
twelve (12) feet vertical clearance from overhead electric conductors which are energized in
excess of
seven hundred fifty (750) volts.
(c) Freestanding signs. Where such signs are located in vehicular parking and circulation areas,
a base or barrier of concrete, steel or other effective barrier, not less than thirty (30) inches high,
shall
be provided to protect the base of the sign from possible damage by vehicles. Where any
freestanding sign has a clearance of less than nine (9) feet from the ground, there shall be
provided a
barrier or other adequate protection to prevent hazard to pedestrians and motorists.
(d) Electric signs. Electric signs shall be constructed and installed in accordance with the
provisions of the National Electrical Code. (Ord. 11-76 §2 (part), 1976; Ord. 21-82 §1(N), 1982;
Ord. 15-97, 1997; Ord. 17-02 §1(part), 2002; Ord. 24-10 §1, 2010)
17.66.150 Nonconforming signs.
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 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. (Ord. 11-76 §2(part), 1976; Ord. 19-80 §1, 1980; Ord.
9-81 §1, 1981; Ord. 15-97, 1997; Ord. 17-02 §1(part), 2002; Ord. 24-10 §1, 2010)
17.66.160 Permits.
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
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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 in 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, 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:
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;
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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 Board of Trustees.
(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; Ord. 24-10 §1, 2010)
17.66.170 Large-scale community special events signs and Town-sponsored special events
signs.
(a) Purpose. The purpose of this Section is to provide for adequate temporary signage for
largescale
community special events where the primary purpose of the event is to raise funds for local
charitable purposes, or to provide for adequate signage for Town-sponsored special events. Both
of
these event categories are characterized by their large-scale production, large attendance and
their
prominence as reoccurring annual events of community-wide interest. Events such as the Longs
Peak
Scottish-Irish Highland Festival and the Estes Park Duck Race are examples of large-scale
special
events.
(b) Application for permit.
(1) Nonprofit associations or organizations or any organization conducting a Town-sponsored
special event may submit an application for temporary on-site and temporary off-premises
signage
for an event.
(2) The applicant shall submit a master sign plan. The permit shall be valid for re-use for an
unlimited period of time, provided that there are no significant changes to the sign copy, size,
location and extent of the approved signs.
(c) 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.
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(3) Illumination. Illumination is prohibited.
(4) Town-sponsored special event banners. Town-sponsored special event banners shall
comply with Section 17.66.180 below.
(5) Temporary off-premises signs.
a. Any individual business may publicly display special event posters in the window of that
business without a sign permit, provided that 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 six (6) 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-premises signs or banners not to exceed thirtysix
(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 signs shall be displayed no more than six (6) weeks prior to the
special event and shall be removed no later than three (3) days after the event.
(6) Temporary on-premises signs.
a. Limit on cumulative sign area. A maximum of one hundred fifty (150) square feet of
total cumulative sign or banner area is allowed. (Ord. 24-10 §1, 2010; Ord. 18-11 §1, 2011)
17.66.180 Town-sponsored special events (TSE) banners.
(a) Definition. Town-sponsored event banners bear text and/or graphics intended to identify
Town-sponsored events.
(b) Location. Banners may be placed at the following designated locations within the Town,
pursuant to the provisions of Section 17.66.050 of this Code:
(1) At a designated location 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 (3) 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.
(c) Specifications. Specifications relating to the size, length, construction, wording, lighting,
installation, removal, Town indemnification and fastening shall be obtained from the Special
Events
Director.
(d) 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.
(e) 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.
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(f) Number of locations. The Convention and Visitor Center building location listed at
Paragraph (b)(3) above shall be terminated when the site listed at Paragraph (b)(2) is available
for a
maximum of two (2) designated banner locations.
(g) Temporary banner removal. Banners shall be removed by the applicant within twenty-four
(24) hours of the expiration of the permit.
(h) 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 twenty-four (24) hours of expiration of the permit, he or she shall be ineligible to receive
a
temporary banner permit for a period of twelve (12) months from the date of violation. A valid
copy
of the permit shall be kept on site at all times the banner is displayed.
(i) Temporary banner maintenance. All temporary banners shall be maintained in good
condition, including all parts and supports. The Chief Building Official 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. (Ord. 6-97
§1,
1997; Ord. 17-02 §1, 2002; Ord. 9-07 §1, 2007; Ord. 24-10 §1, 2010)
17.66.190 Temporary banners commercial use.
(a) Temporary banner permit required. Permits shall be issued through the Community
Development Director within seven (7) calendar days upon receipt of a complete application,
provided that staff finds the application to be in compliance with all applicable municipal
regulations.
(b) Number of permits granted. A single entity may apply for up to four (4) temporary banner
permits in a calendar year. No single entity may hold more than one (1) active temporary banner
permit at a time on the same site, except as provided for in Section 17.66.170.
(c) Time displayed. Except as provided for in Section 17.66.170, a temporary banner permit
allows the display of one (1) temporary banner for a maximum of fourteen (14) consecutive
days. A
maximum of two (2) consecutive permits are allowed per year. A third and fourth permit may be
issued after a lapse of at least thirty (30) calendar days.
(d) Location. Banners must be affixed flush to the wall of a principal building or on the
supporting structure of an already permitted permanent freestanding sign, at a maximum height
of
twenty (20) feet above existing grade as measured to the highest point of the temporary banner.
(e) 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
CDCommercial
Downtown zoning district, this code allows one (1) banner per lot with a maximum
allowable size of eighteen (18) square feet. All banners shall be rectangular in shape and shall be
securely fastened at all four (4) 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.
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(f) Temporary banner removal. Banners shall be removed by the applicant within twenty-four
(24) hours of the expiration of the permit.
(g) 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 twenty-four (24) hours of expiration of the permit, he or she shall be ineligible to receive
a
temporary banner permit for a period of twelve (12) months from the date of violation. A valid
copy
of the permit shall be kept on site at all times the banner is displayed.
(h) Temporary banner maintenance. All temporary banners shall be maintained in good
condition, including all parts and supports. The Chief Building Official 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. (Ord. 24-10
§1,
2010)
17.66.200 Small-scale community special events signs.
(a) Purpose. The purpose of this Section is to provide for adequate temporary signage for
smallscale
community special events where the primary purpose of the event is to raise funds for local
charitable purposes.
(b) Application for permit. The applicant shall submit a master sign plan. The permit shall be
valid for re-use for an unlimited period of time, provided that there are no significant changes to
the
sign copy, size, location and extent of the approved signs.
(c) Standards for review. The Community Development Department 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. Signs shall be secured on all corners against wind movement.
(3) Illumination. Illumination is prohibited.
(4) Temporary off-premises signs.
a. Any individual business may publicly display special event posters in the window of that
business without a sign permit, provided that 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 six (6) weeks prior to the special event and
shall be removed no later than three (3) days after the event.
b. Staff may approve one (1) additional off-premises sign or banner not to exceed sixteen
(16) square feet. No commercial advertising message is permitted in the event message. The
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signs shall be displayed no more than one (1) week prior to the special event and shall be
removed no later than one (1) day after the event.
(5) Temporary on-premises signs; limit on cumulative sign area. A maximum of thirty-two
(32) square feet of total cumulative sign or banner area is allowed.
(d) Signs shall not be located within the site visibility requirements in the Estes Valley
Development Code, Appendix D, Street Design and Construction Standards. (Ord. 24-10 §1,
2010;
Ord. 18-11 §1, 2011)
17.66.210 Reserved.
17.66.220 Appeals, variances and minor modifications.
(a) Appeals. The owner of any sign who believes a decision, ruling or 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. The appeal shall be in writing and filed with the Community
Development Department. The appeal shall be filed within ten (10) days from the date of the
decision, ruling or order of the Building Inspector. The written appeal shall specify the decision,
ruling or order of the Building Inspector being appealed. The Estes Valley Board of Adjustment
shall
have no jurisdiction or hear any appeal not filed within ten (10) days from the date of the
decision,
ruling or order.
(b) Variances. The owner of any sign may request a variance from the requirements of this
Chapter. The request for variance shall be in writing and filed with the Community Development
Department. The variance request shall specify the provisions of this Chapter to which the
variance is
being requested. There shall be no variance for maximum sign area on a lot or building. In
granting
any variance, the Estes Valley Board of Adjustment shall find that all of the following conditions
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 is in general harmony with the purposes of this Chapter and specifically is
not injurious to the neighborhood in which the business or enterprise is located.
(3) The variance is the minimum one necessary to permit the applicant to reasonably draw
attention to the business or enterprise.
(c) Conditions. The Estes Valley Board of Adjustment may grant an appeal or variance subject
to any condition it deems necessary to make the granted appeal or variance compatible with the
purpose of this Chapter.
(d) Procedure. The Estes Valley Board of Adjustment shall adopt procedures for the review of
appeals and variances pursuant to this Section. The procedures shall be subject to approval by the
Board of Trustees.
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(e) Prohibited signs. The Estes Valley Board of Adjustment shall not grant an appeal or a
variance which allows any prohibited signs specified in Section 17.66.060 of this Chapter.
(f) 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 results in
reduction of
visual clutter results in more effective signage, or relieves practical difficulties on the site:
(1) Setback requirements;
(2) Specific sign size restrictions, provided that the cumulative site total remains in
compliance; or
(3) Other dimensional and temporal standards contained herein. (Ord. 24-10 §1, 2010; Ord.
14-14 §1, 2014)
17.66.230 Enforcement.
The provisions of this Chapter shall be subject to enforcement and penalties as set forth in
Chapter
1 of the 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; Ord. 24-10 §1, 2010)
17.66.240 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; Ord. 24-10 §1, 2010)
17.66.250 Application of the laws.
If any of the provisions of this Chapter are inconsistent with the provisions of any other law or
laws, presently existing or enacted in the future, of the Town or the State, in that the
requirements
regarding signs or the respective provisions differ, the provisions containing the more restrictive
requirements will apply. (Ord. 11-76 §2(part), 1976; Ord. 17-02 §1(part), 2002; Ord. 24-10 §1,
2010)