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HomeMy WebLinkAboutORDINANCE 21-820 0 ORDINANCE No.21-82 AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,THE SAME PERTAINING TO SIGNS BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That Chapter 17 of the Municipal Code of the Town of Estes Park,Colorado is amended thereto as follows: A.Sections 1,3,and 4 of 17.66.040 shall be amended to read as follows: 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 shall be exempt from the provisions of this chapter,except that such signs shall be subject to the safety regulations of the Uniform Building Code,the National Electrical Code and the Uniform Mechanical Code of the town. 3.Flags shall be exempt from the provisions of this chapter. 4.Temporary decorations or displays,when such are clearly incidental to and are customarily and commonly associated with any national,state,local or religious holiday or celebration,shall be exempt from the provisions of this chapter. B.Section 8 of 17.66.040 shall be amended thereto by the addition of subsection (d)as follows: d.The signs shall only contain the name of the subdivision and not a pictoral representation of the subdi vision. C.Section 17.66.040 shall be amended thereto by the addition of paragraph 10 as follows: 10.Signs which do not propose,concern,reflect or promote a commercial purpose and are used exclusively or nearly exclusively in an ambulatory manner,for example, T—shirts or hats. D.Section 17.66.050 B shall be amended thereto to read as follows: B.When it is the opinion of the building inspector that a violation of this chapter exists,except a violation of Section 17.66.100,he shall issue a written notice to the alleged violator.The notice shall specify those chapter sections of which the individual is allegedly in violation, and shall state that the individual has a period of thirty days from the date of the receipt of the notice in which to 0 0 either correct the alleged violations or institute appeal and/or variance procedures to the zoning board of adjustment.The board of trustees may grant the individual a period of time greater than thirty days,but not morethanninetydays,in which to correct the alleged violation if it reasonably appears that,due to the nature of theallegedviolation,it cannot be corrected within thirty days. E.Sections 15,19,23,and 38(k)of 17.66.090 shall be amended to read as follows: 15.“Flag”means the flag,pennant,or ensign of any nation,organization of nations,state,county,city, religious,civic,charitable or fraternal organization,oreducationalinstitution. 19.Illumination,Direct.“Direct illumination”meanslightingbymeansofanunshieldedlightsource(including flourescent and neon tubing)which is effectively visibleasapartofthesign,where light travels directly fromthesourcetotheviewer’s eye. 23.“Light source”means and includes any device,thing,or method of producing light,including neon,fluorescentorsimilartubelighting,the incandescent bulb (includingthelight—producing elements therein),and any reflectingsurfacewhich,by reason of its construction and/orplacement,becomes in effect the light source. 38.k.“Wind sign”means a sign consisting of one ormorebanners,pennants,ribbons,spinner,streamers orcaptiveballoons,or other objects or materials fastened insuchamannerastomoveuponbeingsubjectedtopressurebywindorbreeze,but does not include flags. F.Section 17.66.110 shall be amended thereto to read as follows: 17.66.110 Application for permit.The application for asignpermitshallbemadebytheownerortenantofthepropertyonwhichthesignistobelocated,or his authorized agent.Such applications shall be made in writing on forms furnishedbythebuildinginspectorandshallbesignedbytheapplicant.The building inspector shall,within five working days of thedateoftheapplication,either approve or deny the applicationorrefertheapplicationbacktotheapplicantinanyinstancewhereinsufficientinformationhasbeenfurnishedtoallowadeterminationbythebuildinginspectorthattheapplicationshouldbeeitherapprovedordenied. G.Section 17.66.120 shall be amended thereto to read as follows: 17.66.120 Revocation of permits.If the buildinginspectorfindsthatworkunderanypermitissuedisnot inaccordancewiththeinformationsuppliedinthepermitapplicationand/or is in violation of this chapter or any otherpertinentordinanceofthetown,or should he find that therehasbeenanymisrepresentationinconnectionwiththeapplicationforthepermit,he shall notify the sign owner or erector of suchfindingsandthattheviolationsmustbecorrectedwithoutdelay.If such correction is not made forthwith,the buildinginspectorshallrevokethepermitandservewrittennoticethereofuponthesignownerorerector.No person shall —2— 0 0 proceed with any part of such work after such notice is received.The owner shall have the right to appeal the decision of the building inspector in the manner provided for in Section 17.66.340. H.Section 17.66.170 of the Municipal Code shall be deleted in its entirety. I.Section 17.66.190 B shall be amended thereto by changing 2,adding 12,and changing the last paragraph of Section B to B 13,all to read as follows: 2.A sign permit or sign permit fee shall not be required for temporary nonilluminated real estate signs which do not exceed six square feet in total area and four feet in height,united to one such sign per street frontage. Such signs shall not remain in place more than seven days after sale,lease or rental of the subject property. 12.A sign permit or sign permit fee shall not be required for any nonilluminated,internally illuminated or indirectly illuminated sign,whether temporary or permanent,which does not exceed six square feet per face or twelve square feet in total surface area;limited to six feet in height and limited to one such sign per lot and which does not propose,concern,reflect or promote acommercialpurpose. 13.The signs permitted in subdivisions 1 through 7 and 9,11 and 12 of this subsection shall be permitted in addition to the signs permitted by Section 17.66.290 and shall not be counted against the total allowable sign area or total number of signs permitted for the premises,unless such signs exceed the limitations specified in subdivision 1 through 7,9 and 12 of this subsection. J.Section 17.66.190 C shall be amended thereto by adding thereto a new Section 16 to read as follows: 16.Except as provided in Section 17.66.040 (9),any sign having direct illumination. K.Section 17.66.200 shall be amended thereto to read as follows; 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 normorethanfoursides. —3— 0 0 L.Section 17.66.220 shall be amended thereto to read as follows: 17.66.220 Illumination.Illuminated signs shall be subject to the following conditions: 1.Any light used for the illumination of a sign shall be shielded so that the beams or rays of light will not shine directly beyond the lot upon which the sign is located. 2.Neither the direct nor the reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares. 3.Signs in commercial,restricted commercial, restricted industrial,and developing resource zoning districts may be indirectly or internally illuminated. N.Section 17.66.250 shall be amended thereto by changing Section 2 and deleting Section 3 in its entirety as follows: 2.Election Signs.Those signs concerning issues and candidates in forthcoming elections shall be removed by the person placing or erecting them or by the occupier of the premises on which they are located within ten days following the election to which they pertain unless the sign conveys some other or further ideological message or has some other or further ideological significance. N.Section A 1 and C of 17.66.310 shall be amended thereto to read as follows: 1.General.Signs and sign structures shall be securely built,constructed and erected in conformance with the requirements of the Uniform Building Code. C.Freestanding Signs.Freestanding signs may be con structed of any material meeting the requirements of this chapter.Supports for freestanding signs shall not be placed upon public rights-of-way or public easements and shall be designed in accordance with the requirements of this chapter. Where such signs are located in vehicular parking and circula tion areas,a base or barrier of concrete,steel,or other effective barrier,not less than thirty—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 feet from the ground,there shall be provided a barrier or other adequate protection to prevent hazard to pedestrians and motorists. 0.Section H of 17.66.340 shall be amended thereto to read as follows: H.Judicial Review of Decisions of Zoning Board of Adjustment.Any person aggrieved by a final decision of the board,and the town,may seek relief therefrom in a court of competent jurisdiction within thirty days of the date of such decision.A notice of appeal shall be lodged in said court and a copy thereof will be filed with the building inspector, along with a deposit to cover the estimated cost of the record of the proceedings. —4— 0 0 Section 2.Effective Date.The Board of Trustees of the Town of Estes Park,Colorado herein finds,determines and designates that this ordinance is necessary for the immediate preservation of the public peace,health and safety,for sign code regulations affect the public peace,health and safety;and whereas,in the opinion of the Board of Trustees,an emergency exists,this Ordinance shall take effect and be in force immediately after its passage,adoption and signature of the Mayor. ,/; -‘May/ /1 I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on theo?%/day of _________________, 1982,and published in a newspaper of gener circulation i-the Town of Estes Park, Colorado,on the ____ day of _____________, 1g82,all as required by the Statutes of the State of Colorado. Town,,1erk L. —5—