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Home My WebLink AboutORDINANCE 11-76ORDINANCE No.11-76 AN ORDINANCE AMENDING CHAPTER 14.32 AND TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,RELATING TO SIGNS AND ZONING,AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Chapter 14.32 of the Municipal Code of the Town of Estes Park,Colorado,is hereby amended to read as follows: Chapter 14.32 (Reserved) Section 2.Title 17 of the Municipal Code of the Town of Estes Park,Colorado,is hereby amended by adding thereto the following: Chapter 17.66 SIGNS 17.66.010 Title.This chapter shall be known and cited as the “Town of Estes Park Sign Code.” 17.66.020 Intent and purpose.Inasmuch as the cit izens of Estes Park have expressed a concern for sound en vironmental practices,including the strict control of signs, it is the intent of the regulations herein set forth to: 1.Recognize that signs are a necessary means of visual communication for the convenience of the public; 2.Recognize and insure the right of those con cerned to identify businesses,services and other activi ties by the use of signs,and limit signs to those which are accessory and incidental to the use on the premises where such signs are located; 3.Provide a reasonable balance between the right of an individual to identify his business and the right of the public to be protected against the visual discord re suiting from the unrestricted proliferation of signs and similar devices; 4.Insure that signs are compatible with adjacent land uses and with the total visual environment of the com munity; 5.Protect the public from hazardous conditions that result from signs which are structurally unsafe,ob scure the vision of motorists,and/or compete or conflict with necessary traffic signals and warning signs; 6.Promote an overall visual effect which has a minimum of overhead clutter; 7.Recognize that the size of signs which provide adequate identification in pedestrian—oriented business areas differs from that necessary in vehicular—oriented areas where traffic is heavy,travel speeds are greater, and required setbacks are greater than in pedestrian areas; 2.Encourage signs which are well—designed and compatible with their surroundings and with the buildings to which they are appurtenant; 9.Recognize that the elimination,as expeditious ly and reasonably as is possible,of existing signs that are not in conformance with the provisions of this chapter is as necessary to the public safety and welfare and to the protection of the visual environment as is the prohibition of new signs which would violate the provisions of this chapter,and that permitting the continuation of nonconform ing signs results in giving the owners of such signs an un fair competitive advantage over those whose signs conform to this chapter’s requirements;and 10.Recognize that instances may occur where strict application of the provisions of this chapter may deprive a person of the reasonable use of a sign,and to provide a procedure whereby variances from the regulations herein may, for good cause,be permitted. 17.66.030 Scope and application of this chapter. The provisions of this chapter shall apply to the display, —2— construction,erection,alteration,use,location and main tenance of all signs within the town of Estes Park;and it shall be unlawful hereafter to display,construct,erect, alter,use or maintain any sign except in conformance with provisions of this chapter.It shall be unlawful to alter, maintain,enlarge,use or display any sign erected or con structed prior to the enactment of this chapter,except in conformance with this chapter. 17.66.040 Exemptions.Except as specifically pro vided,the following shall be exempt from the provisions of this chapter: 1.Signs which are not visible beyond the bounda ries of the lot or parcel upon which they are located and/or from any public thoroughfare or right-of-way,except that such signs shall be subject to the safety regulations of the Uniform Building Code and the National Electric Code of the town of Estes Park. 2.Official governmental notices and notices posted by governmental officers in the performance of their dut ies;governmental signs to control traffic or for other regulatory purposes,or to identify streets,or to warn of danger.Identification or bulletin board signs accessory to governmental buildings or other facilities shall not be exempt from the provisions of this chapter. 3.The flag,pennant or insignia of any nation, organization of nations,state,county,city,any reli gious,civic or fraternal organization,or any education al institution;except when such are used in connection with a commercial promotion or as an advertising device. 4.Temporary decorations or displays,when such are clearly incidental to and are customarily and commonly associated with any national,local or religious holiday or celebration. —3— I L 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 products or services which are incorporated as an integral part of a window display; 7.Signs displayed on trucks,buses,trailers or other vehicles which are being operated or stored in the normal course of a business,such as signs indicating the name of the owner or business which are located on moving vans,delivery trucks,rental trucks and trailers and the like;provided that the primary purpose of such vehicles is not for the display of signs;and provided that they are parked or stored in areas appropriate to their use as ve hicles. 17.66.050 Enforcement.The building inspector is hereby authorized and directed to enforce all provisions of this chapter.He shall appear for and on behalf of the town of Estes Park in all matters regarding the interpretation and application of this chapter,and shall resist and oppose any deviations from the provisions of this chapter.Upon presentation of proper credentials,the building inspector or his authorized representative may enter at reasonable times any building,structure or premises in the town to perform any duty imposed upon him by this chapter. 17.66.060 What constitutes a violation.It shall be 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 24—hour period —4-- 10 in which the violation exists shall constitute a separate violation. 17.66.070 Application of other laws.If any of the provisions of this chapter are inconsistent with the provisions of any other law or laws,presently existing or enacted in the future,of the town of Estes Park or state of Colorado,in that the requirements regarding signs of the respective provisions differ,the provisions contain ing the more restrictive requirements will apply. 17.66.080 General interpretation.The words and terms used,defined,interpreted or further described in this chapter shall be construed as follows: 1.The particular controls the general; 2.The present tense includes the future tense; 3.Words used in the singular number include the plural,and words used in the plural number include the singular,unless the context clearly indicates the contrary; 4.The phrase “used for”includes “arranged for,” “designed for,”“intended for,”“maintained for”and “occu pied for”; 5.The word “shall”is mandatory;the word “may” is permissive;and 6.The word “person”includes a firm,association, organization,partnership,trust,company or corporation, as well as an individual. 17.66.090 Definitions.As used in this chapter, the following words and phrases are defined as follows: 1.“Accessory”means subordinate or incidental to, and on the same lot or on a contiguous lot in the same own ership,as the building or use being identified or adver tised. 2.“Architectural projection”means any projec tion which is not intended for occupancy and which extends —5— Th beyond the face of an exterior wall of a building,includ ing roof overhangs,mansards,unenclosed exterior balconies, marquees,canopies,pilasters,fascias and the like,but not including signs. 3.“Area of a sign”means the area of the smallest regular geometric symbol encompassing all the informative features of the sign,including copy,insignia,background and borders. 4.“Awning”means a movable shelter supported en tirely from the exterior wall of a building and of a type which can be retracted,folded or collapsed against the face of the supporting building. 5.“Building,”in addition to the ordinary meaning, includes any structure. 6.“Building fascia”means that frontage of a build ing which faces and is parallel to or most nearly parallel to a street or pedestrian way.There can only be 1 build ing fascia for each street or pedestrian way upon which a building faces. 7.“Building line”means a line parallel to the property line along the building setback required by the municipal code. 8.“Building inspector”means the officer or other person charged with the administration and enforcement of this chapter,or his duly authorized deputy. 9.“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. 10.“Curb line”means any property line that is common to any public street,except in Blocks 2,3,4,5 and 6 of the town where,for the purpose of this chapter, —6— “curb line”means the actual location of the curbs in these blocks on January 20,1966. 11.“Display face”means sign face. 12.“Electric sign”means any sign containing elec trical wiring and internal lighting,but not including signs illumiated by exterior light sources,such as floodlights. 13.“Exterior surface”means the exterior portion of a building or structure,except chimneys,flues and para pet walls thereof. 14.“Face or wall of building”means the general outer surface of any main exterior wall or foundation wall of the building,including windows and store front. 15.“Flag”means any state or national flag. 16.“Frontage,building”means the horizontal,lin ear dimension of that side of a building which abuts a street, a parking area,a mall or other circulation area open to the general public;and having either a main window display of the enterprise or a public entrance to the building.(In restricted industrial districts,a building side with an entrance open to industrial employees shall also qualify as a building frontage.)Where more than 1 use occupies a building,each such use having a public entrance or 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. 17.“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 visi bility of,the premises. 18.“Height”means the vertical distance measured from the elevation of the nearest sidewalk (or,in the ab sence of a sidewalk within 25 feet,then from the lowest point of finished grade on the lot upon which the sign is —7— (Th located and within 25 feet of the sign),to the uppermost point on the sign or sign structure. 19.“Illumination,direct”means lighting by means of an unshielded light source (including neon tubing)which is effectively visible as a part of the sign,where light travels directly from the source to the viewer’s eye. 20.“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 facade upon which a sign is displayed.Indirect illumination does not include lighting which is primarily used for purposes other than sign illu mination;e.g.,parking lot lights or lights inside a build ing which may silhouette a window sign but which are pri marily installed to serve as inside illumination. 21.“Illumination,internal”means lighting by means of a light source which is within a sign having a translu cent background,silhouetting opaque letters or designs,or which is within letters or designs which are themselves made of a translucent material. 22.“Kiosk”means a small structure,typically lo cated within a pedestrian walkway or similar circulation area,and intended for use as a key,magazine or similar type of small shop,or for use as display space for posters, notices,-exhibits,etc. 23.“Light source”means and includes neon,fluo rescent or similar tube lighting,the incandescent bulb (including the light-producing elements therein)and any reflecting surface which,by reason of its construction and/or placement,becomes in effect the light source. 24.“Lighting,backlighted”means a concealed light source located behind the surface of the sign to —8— 0 highlight specific elements of the sign. 25.“Lighting,pan—channeled”means an indirect, concealed light source which is recessed into any element of a sign,which element is attached directly to the face of such sign.Each element to be lighted must have an opaque surface so that the light does not shine through the element. 26.“Lighting,neon”means any method of lighting using neon tubes in a manner which can be seen directly. 27.“Lot”means a portion or parcel of land,wheth er part of a platted subdivision or otherwise,occupied or intended to be occupied by a building or use and its acces sories,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, or under legal control tantamount to such ownership. 28.“Maintenance”means the replacing,repairing or repainting of a portion of a sign structure;periodic chang ing of bulletin board panels;or renewing of copy which has been made unusable by ordinary wear and tear,weather or accident.The replacing or repairing of a sign or sign struc ture which has been damaged to an extent exceeding 50%of the appraised replacement cost (as determined by the build ing inspector)shall be considered as maintenance only when said sign conforms to all of the applicable provisions of this chapter and when the damage has been caused by an act of God or violent accident.“Maintenance”does not mean the changing of the text of a sign designed specifically to permit changes of the text thereof. 29.“Marquee”means a permanently—roofed structure attached to and supported by a building,and projecting from the building. 30.“Municipal code”means the Estes Park munici pal code. 31.“National Electric Code”means the latest edition —9— of the National Electric Code,published by the National Fire Protection Association,as amended and adopted by the Estes Park board of trustees. 32.“Owner”means a person,firm,corporation or other legal entity recorded as such on the records of the Larimer County clerk and recorder,including a duly autho rized agent or attorney,purchaser,devisee,fiduciary or person having a vested or contingent interest in the prop erty in question. 33.“Public entrance”means an entrance to a build ing or premises which is customarily used or intended for use by the general public.Fire exits,special employee entrances,loading dock entrances not generally used by the public,and the like,shall not be considered as public en trances. 34.“Roof”means the cover of any building,includ ing the eaves and similar projections. 35.“Roof line”means the highest point on any build ing where an exterior wall encloses usable floor space,in cluding floor area for housing mechanical equipment.The term “roof line”shall also include the highest point on any parapet wall,provided said parapet wall extends around the entire perimeter of the building. 36.“Sign”means any writing,pictorial representa tion,decoration (including any material used to differen tiate sign copy from its background),form,emblem or trade mark,flag or banner,or any other figure of similar charac ter which: a.Is a structure or any part thereof (includ ing the roof or wall of a building);or b.Is written,printed,projected,painted, constructed or otherwise placed or displayed upon or de signed into a building,board,plate,canopy,awning, —10— 0 vehicle or upon any material object or device whatsoever; and c.BY reason of its form,color,wording,sym bol,design,illumination,motion or otherwise,attracts or is designed to attract attention to the subject thereof or is used as a means of identification,advertisement or an nouncement. d.If,for any reason,it cannot be readily de termined whether or not an object is a sign,the building inspector shall make such determination. 37.“Sign face”means the surface of a sign upon, against or through which the message is displayed or illu strated. 38.Signs,classes of: a.“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 pedes trian traffic. b.“Double face sign”means a sign where 2 sides are separated by not more than 24 inches and are par allel to each other.Such signs shall be considered as 1 sign. c.“Free—standing sign”means a sign which is supported by one or more columns,uprights,poles or braces extended from the ground or from an object on the ground,or a sign which is erected on the ground;provided that no part of the sign is attached to any part of any building,struc ture or other sign.The term “free-standing sign”shall include “pole sign,”“pedestal sign”and “ground sign.” d.“Marquee sign”means a sign depicted upon, attached to or supported by a marquee as herein defined. e.“Portable sign”means a sign which is not attached to the ground,a building or other structure,but not including a “vehicle—mounted sign”as herein defined. —11— ()0 f.“Projecting sign”means a sign attached to a building or extending in whole or in part 12 inches or more horizontally beyond the surface of the building to which the sign is attached,but not including a “marquee sign”as herein defined. g.“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 of a building,but not including a sign pro jecting from or attached to a wall as permitted by this chapter.(See “wall sign.”) h.“Suspended sign”means a sign suspended from the ceiling of an arcade,marquee or canopy. i.“Vehicle—mounted sign”means a sign dis played upon a trailer,van,truck,automobile,bus,rail road car,tractor,semitrailer or other vehicle,whether or not such vehicle is in operating condition. j.“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 said wall and extends not more than 12 inches hori zontally from the face of said wall.A sign erected upon or against the side of a roof having an angle of 45°or less from the vertical shall be considered to be a wall sign,and shall be regulated as such. k.“Wind sign”means a sign consisting of one or more banners,flags,pennants,ribbons,spinners,stream ers or captive balloons,or other objects or materials fas tened in such a manner as to move upon being subjected to pressure by wind or breeze. 1.“Window sign”means a sign which is painted on,applied or attached to,or located within 3 feet of the interior of,a window;which sign can be seen through the —12— .1 Q 0 window from the exterior of the structure.Merchandise which is included in a window display shall not be included as part of a window sign. 39.Signs,types of: a.“Bulletin board sign”means a sign used for the purpose of notification to the public of an event or occurrence of public interest,such as a church service,po— litical rally,civic meeting or other similar events. b.“Business sign”means a sign which identi fies and/or directs attention to the business,profession, commodities,services,entertainment or activities conducted, sold,displayed,offered or stored on the premises where the sign is located. c.“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 said prem ises.For the purposes of this chapter,a “construction sign”shall not be construed to be a “real estate sign”as defined herein. d.“Identification sign”means and includes any of the following: (1)a name plate which establishes the iden tity of an occupant by listing his name and business or pro fessional title; (2)a sign which establishes the identity of a building or building complex by name or symbol only; (3)a sign which indicates street address or combines name plate and street address; (4)a sign which indentifies an area in the town which,by reason of development,natural features,his torical occurrences or common references,has or will become a landmark in the town;and —13— ‘0 0 (5)a commemorative sign,such as a corner stone,memorial or plaque,when such is cut into a masonry surface or constructed of bronze or other incumbustible ma terial and is made an integral part of the structure. e.“Joint identification sign”means a sign which serves a common or collective identification for 2 or more business or industrial uses on the same lot.Such sign may contain a directory to said uses as an integral part thereof,or may serve as general identification only for such developments as shopping centers,industrial parks and the like. f.“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,cornmodity,service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located. g.“Real estate sign”means a sign indicating the availability for sale,rent or lease of the specific lot,building or portion of a building upon which the sign is erected or displayed. h.“Temporary sign”means a sign which is in tended for a temporary period of display for the purpose of announcing a special event,advertising or directing persons to a subdivision or other land or building development,ad vertising personal property for sale,or promoting a poli tical campaign or special election. i.“Time—temperature—date sign”means a sign which displays the current time,outdoor temperature and/or date of the month. 40.“Sign,illegal nonconforming”means a sign which was in violation of any of the laws of the town of Estes Park governing the erection or construction of such —14— sign at the time of its erection,and which sign has never been erected or displayed in conformance with all such laws, including this chapter,and which shall include signs which are pasted,nailed,painted on or otherwise unlawfully dis played upon structures,utility poles,trees,fences or oth er signs. 41.“Sign,legal nonconforming”means any sign which was lawfully erected and maintained prior to the enactment of this chapter and any amendments thereto,and which does not conform to all the applicable regulations and restric tions of this chapter. 42.“Signs,number of”means,for the purpose of de termining number of signs,that 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 matter is displayed in a random manner without organized relationship of elements,or where there is rea sonable doubt about the relationship of elements,each ele ment shall be considered to be a single sign. 43.“Sign structure”means any supports,uprights, braces or frameworks of a sign. 44.“Street”means a street as defined by section 17.08.170 of the municipal code. 45.“Structure”means anything constructed or erect ed with a fixed location on the ground above grade,but not including poles,lines,cables or other transmission or dis tribution facilities of public utilities. 46.“Subdivision,”for purposes of this chapter, shall include a “subdivision”as defined by section 16.08.250 of the municipal code,and/or a “planned unit development” which has been approved pursuant to the provisions of the municipal code. 47.“Uniform Building Code”means the latest edition —15— © of the Uniform Building Code,published by the International Conference of Building Officials,as amended and adopted by the Estes Park board of trustees. 48.“U.B.C.Standards”means the latest edition of the Uniform Building Code Standards,published by the Inter national Conference of Building Officials,as amended and adopted by the Estes Park board of trustees. 17.66.100 Permits.Except as provided in section 17.66.190 2 of this chapter,it shall be unlawful to dis play,erect,relocate or alter any sign without first fil ing with the building inspector an application in writing, and obtaining a sign permit,except the changing of the text of a sign specifically designed td permit changes of the text thereof.When a sign permit has been issued by the building inspector,it shall be unlawful to change,modi fy,alter or otherwise deviate from the terms or conditions of said permit without prior approval of the building in spector.A written record of such approval shall be entered upon the original permit application and maintained in the files of the building inspector. 17.66.110 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 au thorized 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,with in 5 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. 17.66.120 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 —16— 0 0 application and/or is in violation of this chapter or any other pertinent ordinance of the town,or should he find that there has been any misrepresentation in connection with the application for the permit,he shall notify the sign owner or erector of such findings and that the viola tion must be corrected without delay.If such correction is not made,the building inspector shall revoke the per mit and serve written notice thereof upon the sign owner or erector.No person shall proceed with any part of such work after such notice is received.The owner shall have the right to appeal the decision of the building inspector in the manner provided for in section 17.66.340 of this chapter. 17.66.130 Revocation of permits for nonuse.1. If actual work either on or off site is not commenced under any permit issued within 60 days from the date of such per mit,and/or if substantial building operations under any permit issued under this chapter are suspended for a period of 60 consecutive days,the permit shall automatically be come null and void. 2.Delays which are not a result of willful acts or neglect of the contractor,owner or person obtaining the permit shall be excluded from the terms of subsection 1 above, and the building inspector may grant an extension of time in which to start or resume operations.All requests for ex tension and approval thereof shall be in writing. 17.66.140 Forfeiture of fees.When any permit has been revoked under the terms of sections 17.66.120 or 17.66.130, permit fees shall not be refunded. 17.66.150 Plans,specifications and other data re quired.The application for a sign permit shall be accompa nied by the following plans and other information: 1.The name,address and telephone number of the —17— Q owner or persons entitled to possession of the sign and of the sign contractor or erector. 2.The location,by street address or other loca tion identification acceptable to the building inspector, of the proposed sign structure. 3.Complete information as required on application forms provided by the building inspector,including a site plan and elevation drawings of the proposed sign,caption of the proposed sign and such other data as is pertinent to the application. 4.Plans indicating the scope and structural detail of the work to be done,including details of all connections, guy lines,supports and footings,and materials to be used. 5.Application for,and required information for such application,an electrical permit for all electric signs if the person building the sign is to make the electrical connection. 6.A statement of valuation. 17.66.160 Permit fees.A permit fee shall be paid to the building inspector for each sign permit issued under this code;provided,however,that a fee shall not be charged for putting a sign in conformance with this code when such action is undertaken voluntarily prior to the expiration of the applicable amortization period,or for a copy change when no change in business name is involved.The permit fee shall be $10.00.The foregoing fee does not include electrical permit fees,which shall be in addition to the above. 17.66.170 Identification and marking.Each sign hereafter erected or remodeled shall bear thereon a clearly legible identification plate not exceeding 15 square inches in area,stating the name of the person,firm or corpora tion responsible for its construction and erection,with installation date and permit number thereon.Electrical —18— 0 signs shall be marked with input amperes at full load input. 17.66.180 Inspections.All signs shall be subject to inspections by the building inspector.Footing inspec tions may be required on the day of excavation for all free standing signs.The building inspector may,within 48 hours after being notified that the sign is ready for inspection, also require inspection of electrical signs before erection. The permit holder or his agent shall notify the building in spector when signs are complete and ready for final inspec tion. 17.66.190 General regulations.1.Scope.The pro visions and requirements of this section shall apply to all signs erected or maintained in the town of Estes Park,un less otherwise specifically modified or excepted by the spe cial provisions for any zoning district. 2.Permits not required.The following signs shall be permitted in all zoning districts,and all applicable pro visions of this chapter shall apply,except that a sign per mit or a sign permit fee shall not be required: a.Nonilluminated,internally illuminated or indirectly illuminated identification signs which do not ex ceed 2 square feet per face or 4 square feet in total sur face area;limited to 6 feet in height and limited to one such sign per use or per building,whichever is the greater number. b.Temporary nonilluminated real estate signs which do not exceed 6 square feet in total area and 4 feet in height,and limited to one such sign per street frontage. Such signs shall not remain in place more than 7 days after sale or rental of the subject property. c.Signs in the nature of cornerstones,com memorative tablets and historical signs which do not exceed 4 square feet per face in area and 6 feet in height,and which are nonilluminated or indirectly illuminated. —19— 0 d.Private traffic directional signs guiding or director vehicular or pedestrian traffic onto or off of a lot or within a lot,when such do not exceed 3 square feet per sign per face in area and 8 feet in height,do not contain any advertising or trade name identification,and are nonilluminated,internally illuminated or indirectly illuminated.Private traffic control signs which conform to the standards of the Colorado Manual of Uniform Traffic Control Devices may exceed 3 square feet per face in area, but shall not exceed 7 square feet per face.Such signs shall not exceed 8 feet in height. e.Signs required or specifically authorized for a public purpose by any law,statute or ordinance;may be of any type,number,area,height above grade,location or illumination authorized by the law,statute or ordinance under which such signs are required or authorized.No such sign shall be placed in the public right-of-way unless spe cifically authorized or required by law,statute or ordi nance,and,except for warning signs or barricades of a temporary nature,such signs shall be permanently affixed to the ground,a building or other structure. f.Nonilluxninated window signs,when the total area of such signs: (1)does not exceed 25%of the total window area in the same vertical plane at the ground floor level on the side of the building or business unit upon which said signs are displayed;and (2)does not exceed 25%of the total allow able sign area for the premises. Such signs shall not exceed 4 square feet in total surface area per sign when placed in windows above the ground floor level,and no signs shall be placed in windows above the second floor level. g.Signs commonly associated with,and limited —20— 0 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 150 square inches in total area and is nonilluminated,internally illuminated or indirectly illuminated.(This category shall be interpreted to include such signs as “no smoking,”“rest room,”“no solicitors,” “self—service,”“vacancy,”and similar informational signs.) h.Nonilluminated or indirectly illuminated signs which identify,as a courtesy to customers,items such as credit cards accepted,redemption stamps offered,menus or prices;limited to one such sign for each use,not to ex ceed 4 square feet per face or 8 square feet in total area. Such signs may be attached to the building,as projecting or wall signs,suspended from a canopy,or included as an integral part of a free-standing sign.If any such sign is located in the area described in section 17.66.210,it shall be subject to the requirements of that section. i.Regulatory signs erected on private prop erty,such as “no trespassing”signs,which do not exceed 2 square feet per face or 4 square feet in total surface area,limited to 4 such signs per use or per building,which ever is the greater number. j.In addition to the above,no permit shall be required for copy changes on a conforming bulletin board, poster board,display case or marquee;maintenance where no structural changes are made;or copy changes on signs using interchangeable letters. The signs permitted in subsections a through g and i above shall be permitted in addition to the signs per mitted by section 17.66.290 of this chapter,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 subsections a through g and i. —21— C 3.Prohibited signs.The following signs shall not be permitted,erected or maintained in the town of Estes Park: a.Signs with visible moving,revolving or ro tating parts or visible mechanical movement of any descrip tion or other apparent visible movement achieved by elec trical,electronic or mechanical means,except for time— temperature—date signs,traditional barber poles and except for gauges and dials which may be animated to the extent necessary to display correct measurement. b.Signs with optical illusion of movement by means of a design which presents a pattern capable of re versible perspective,giving the illusion of motion or changing of copy. c.Signs with lights or illuminations which flash,move,rotate,scintillate,blink,flicker,vary in intensity,vary in color or use intermittent electrical pul sations. d.Strings of light bulbs used in connection with commercial premises for commercial purposes,other than traditional holiday decorations. e.Wind signs. f.Signs which incorporate projected images, emit any sound which is intended to attract attention or involve the use of live animals. g.Any sign (together with its supporting structure)now or hereafter existing which,90 days or more after the premises have been vacated,advertises an activ ity,business,product or service no longer produced or con ducted upon the premises upon which such sign is located. If the sign or sign structure is covered or the identifying symbols or letters removed,an extension of time may be granted by the building inspector upon good cause for such extension being shown.(This provision shall not apply to —22— permanent signs accessory to businesses which are open only on a seasonal basis,provided there is clear intent to con tinue operation of the business.) h.Any sign which is installed or erected in or projects into or over any public right—of—way except in the case of a sign for which a permit has been issued in con formance with the requirements of this chapter. i.Signs not permanently affixed or attached to the ground or to any structure except for real estate signs attached to posts driven into the ground,window signs and temporary barriers. j.Any sign or sign structure which: (1)is structurally unsafe;or (2)constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation;or (3)is not kept in good repair;or (4)is capable of causing electrical shocks to persons likely to come in contact with it. k.Any sign or sign structure which: (1)in any other way obstructs the view of, may be confused with,or purports to be an official traffic sign,signal or device or any other official sign;or (2)uses any words,phrases,symbols or char acters implying the existence of danger or the need for stop ping or maneuvering a motor vehicle;or (3)creates in any other way an unsafe dis traction for motor vehicle operators;or (4)obstructs the view of motor vehicle op erators entering a public roadway from any parking area, service drive,private driveway,alley or other thorough fare 1.Any sign which obstructs free ingress to or egress from a required door,window,fire escape or oth er required exit way. —23— m.Illegal nonconforming sign,as defined herein. n.Roof signs,except as specifically permitted by Section 17.66.300 6. o.Off—premises advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located,except for temporary sub division directional signs and political signs,as permitted and regulated by section 17.66.250,and except for signs per mitted under the provisions of section 17.66.330 1. 17.66.200 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 mathe matical 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 perim eter of not more than 8 straight or radial lines enclosing the extreme limits of writing,representation,emblem or any figure of similar character,together with any material or color forming an integral part or background of the display or used to differentiate such sign from the backdrop or structure against which it is placed. 3.That portion of the sign structure which is vis ible and viewed in the same plane as the sign face,and which either: a.Exceeds 50%of the area of the sign face;or b.Is made an integral part or background of the display; shall be included in computing the total sign area. 4.Where a sign has 2 or more display faces,the area of all faces shall be included in determining sign area. -24- 0 5.The total surface area of multiple-unit signs shall include the vertical and horizontal spacing between the letters which comprise the word or words that convey the sign’s message. 6.Where three—dimensional figures are used as signs,the area shall be the total area,as projected on a vertical plane,of each side of the figure which is visible 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 1 nor more than 4 sides, and the number of sides to be measured shall be determined by the intended location and visibility of the figure. 7.Street or building frontage used as the basis of determining permitted sign area for one building or use shall not be used again as the basis for determining the permitted sign area for another building or use.Nothing herein shall be construed to prohibit the additional build ing 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 in cluded as part of the total sign area for the sign to which they are attached. 17.66.210 Signs at street intersections.On cor ner lots,no sign or sign structure between a height of 2½ feet and 10 feet above the street elevation (other than a pole 12 square inches or less in cross—sectional area)shall be erected within the following described area:the interior triangle formed by the right—of-way lines at such corner lots and a straight line joining said right-of-way lines at points which are 30 feet from the intersection of the right-of-way lines and measured along said right—of-way lines.This regu lation shall apply to all signs except wall signs. —25- 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 onto surrounding areas. 2.Neither the direct nor the reflected light from any light source shall create a traffic hazard or distrac tion to operators of motor vehicles on public thoroughfares. 3.Signs in commercial,restricted commercial,re stricted industrial and developing resource zoning districts may be indirectly,directly or internally illuminated. 17.66.230 Signs on fences and walls used as fences. Signs displayed upon fences,or upon walls which are not an integral part of a building or which are used as fences, shall be erected or mounted in a plane parallel to th fence or wall,shall not extend above the top of the fence or wall, nor project more than 12 inches from the face of the fence or wall.Such signs shall be subject to all regulations of this chapter applicable to free-standing signs,including, but not limited to,regulations concerning maximum area per sign,maximum sign height,minimum setback from property lines,and number of signs permitted per lot or per premises. 17.66.240 Window signs.When permanent or tempo rary nonilluminated signs are displayed in a window so as to be visible beyond the boundaries of the lot upon which such signs are displayed,the area of all such window signs in excess of: 1.25%of the total window area in the same verti cal plane at ground floor level on the side of the building or business unit upon which such signs are displayed;and/or 2.25%of the total allowable sign area for the premises; shall be included in the total allowable sign area for the premises.All illuminated window signs shall be included —26— a in the total allowable sign area for the premises. No window signs in excess of 4 square feet in area shall be displayed in any window above the ground floor level,and no window signs shall be displayed in any window above the second floor level. A window shall be the total area of any single win dow pane or series of window panes separated by a mullion of 12 inches or less. Temporary posters announcing or advertising events sponsored by noncommercial organizations shall be exempt from limitations on window signs. 17.66.250 Temporary signs.Temporary signs in all zoning districts shall be subject to the following specific requirements: 1.Construction signs.Signs advertising subdi vision,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 free-standing, wall or window signs,shall not exceed 36 square feet in total area nor 18 square feet per face,and shall not exceed 12 feet in height.No riders or attachments to such signs shall be permitted.For residential developments consist ing of 5 dwelling units or less,the maximum area permitted for a construction sign shall be 6 square feet per face for each dwelling unit being constructed. b.Construction signs shall be displayed only on the property to which the sign pertains.One such sign shall be permitted per 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 1,000 feet. c.In the case of a subdivision,construction signs shall not be displayed prior to the date of official —27— filing of the subdivision plat. d.In other cases,such signs may be displayed for the duration of construction until issuance of a certif icate of occupancy. 2.Political signs.Signs concerning candidacy for public office or urging action on any ballot issue in a primary,general or special election shall be permitted in commercial,restricted commercial,restricted industrial and developing resource zoning districts as specified in section 17.66.290 3 a,subject to the area and height re strictions set forth in that section.The person or organ ization responsible for the erection or distribution of any political signs,or the owner of the property upon which such signs are located,shall remove such signs within 10 days after the primary or special elections to which the signs pertain,unless such signs continue to be pertinent to a general election to be held within 90 days,in which case such signs shall be removed within 10 days after the general election to which they pertain. 3.Other temporary signs.Temporary signs not spe cifically regulated by the preceding subsections shall be displayed only in accordance with the following conditions: a.Such signs shall be limited to free-standing, window or wall signs only,and shall comply with the appli cable height and setback regulations for the district in which they are located. b.Such signs shall not remain in place for a period of more than 30 days,except that the building in spector may,for good cause,extend the time period up to 30 days upon application therefor. 17.66.260 Signs accessory to nonconforming uses. Signs accessory to legal nonconfirming uses shall be per mitted,subject to all regulations of the zoning district wherein such signs and uses are located as set forth in section 17.66.290 3 a. —28— 0 17.66.270 Signs in planned unit developments.Signs located in planned unit developments shall conform to all regulations of this chapter,including those of the district in which the planned units are located,unless specifically exempted therefrom as a part of the site plan approval. 17.66.280 Signs accessory to uses permitted by spe cial review.Signs which are accessory to those uses speci fied in title 17 of this code as “special review uses”shall conform to all regulations of this chapter,including those of the district in which the use is to be located,unless specifically exempted therefrom as a part of the special re view approval procedure in title 17 of this code. 17.66.290 District sign regulations.1.Use dis tricts.The use districts as set forth in title 17 of this code and amendments thereto shall apply to this chapter.The boundaries of these districts shall be determined by refer ence to the zoning map of the town of Estes Park,and to title 17 of this code and amendments thereto,and to sections on interpretation of such maps as may be contained in title 17 of this code and amendments thereto. 2.Establishment of district regulations.The type of signs permitted,and the regulation of the number,place ment,area and use of signs,is hereby established.No sign shall be erected except as provided in this chapter and in the district in which it is permitted;nor shall any sign be used for any purpose or in any manner except as allowed by the regulations for the district in which such sign is pro posed or maintained. 3.Schedule of requirements.To facilitate public understanding of this chapter and for the better administra tion and convenience of use thereof,the following schedule of “class of sign permitted,”“type of sign permitted,” “maximum sign area permitted per lot,”“maximum area per sign face,”“maximum number signs permitted”and “maximum —29— height of free—standing signs”regulations for the various zoning districts is hereby adopted and declared to be a part of this chapter. a.(See Schedule of Requirements attached hereto) 4.Total allowable sign area.The total area of all signs on a lot,or,in the case of a permitted use or uses occupying two or more adjacent lots,the total area of all signs on all such adjacent lots shall not exceed 3.75 square feet for each foot of building frontage,or 15%of the build ing height multiplied by the length of the building frontage, or the aggregate total of maximum areas of permitted signs, whichever is less.In no event,however,shall the total allowable sign area exceed 150 square feet. —30— Section17.66.2903aScheduleofRequirementsMaximumHeightofZoningClassofTypeofMaximumSignAreaMaximumAreaMaximumNumberree—standingDistrictSignPermittedSignPermittedPermittedperLotperSignFaceSignsPermittedsigns(Allinsection-Allinsection150sq.ft.forfreestanding2freestanding‘—a’17.66.090j3817.66.090sf3915sq.ft.forprojecting(1perfaceof25ftexcepte,kexceptf10sq.ft.forsuspended(5perface)Suspended5sq.bldg-wallsigns)15%ofwallsurfaceupto25feetft.high,forwallsignsTime-temp.10sq.36sq.ft.fortemporaryconstructionft.Temp.const.18Temp.const.1per12ftsq.ft.streetc—iSameasaboveSameasaboveC—2SameasaboveSameasaboveR—2SameasaboveSameasaboveR—1AllinsectionAllinsection4sq.ft.-identificationOnly2sq.ft.1perbuilding6ft17.66.090f3817.66.090139(section17.66.1902a.)exceptd,e,g,k,lexcepta,b,e,f,iRSameasaboveSameasaboveSameasaboveSameasaboveSameasaboveSameasabove 17.66.300 Supplementary regulations for signs.The following regulations shall apply to all signs erected,al tered or maintained in any zoning district: 1.Signs on uses with multiple frontage.For the purpose of determining total allowable sign area for uses with more than one street or building frontage,the follow ing criteria shall apply: a.Where a use has more than one building or street frontage,as defined herein,the maximum sign area for that use shall be based upon the total horizontal length of not more than all of the frontages. b.Signs may be located on any side of the build ing involved;provided,however,that the total sign area,on any one side of a building does not exceed the area permitted on the basis of that frontage considered independently of other frontages. 2.Free-standing signs.No free-standing sign shall exceed 25 feet in height.No free-standing sign shall be erected closer than 8 feet from any curb line,nor closer than 4 feet to any building,nor within the side yard or rear yard of the property upon which the sign is to be lo cated,except buildings abutting upon 2 streets.For the purpose of this section,side yard and rear yard shall be defined as such words are defined in chapter 17.08 of this title.There shall be only one free-standing sign in each yard of a building which abuts upon a street.There shall be not more than 2 free—standing signs per building,and these signs shall not exceed the combined total area of 150 square feet. 3.Signs on canopies,awnings and architectural projections. a.The following regulations shall apply to signs displayed on canopies,awnings and architectural pro jections which extend to more than 15 inches beyond the —31— 0 face of the building: (1)The total area of such signs shall not exceed 30%of the following described area:the width of the projection multiplied by the vertical height of the projection;or 150 square feet,whichever is less. (2)Except for suspended signs,the face of any such sign shall be in a plane parallel to the plane of the building wall to which the sign is oriented,and any such sign shall not project above or below the face of the canopy,awning or architectural projection.However, such signs may project horizontally beyond the face of a canopy or architectural projection the distance necessary to accommodate the letter thickness and required electri cal equipment,but not more than 12 inches (measured from the bottom of the sign).Signs displayed on awnings shall not project beyond the surface of the awning. b.Signs displayed on architectural projec tions which extend 15 inches or less from the face of the building may be considered to be wall signs,and shall be subject to the requirements of section 17.66.300 6. c.Signs displayed on theater marquees may exceed the above maximum area;provided that an applica tion for a special exception is submitted and approved in accordance with the procedure in section 17.66.330. 4.Projecting signs.No projecting sign shall be closer than 4 feet to the curb line,nor lower than 9 feet from the existing grade of the ground or sidewalk area immediately below the sign,nor higher than 1$feet from the ground or sidewalk area immediately below the sign, nor closer than 25%of the linear footage of the building fascia to the building 1t lines.The maximum size of a projecting sign shall be 15 square feet,and no projec— —32— 0 tion shall exceed 4 feet.No more than one projecting sign shall be permitted for each face of a building. 5.Suspended signs.Suspended signs shall not ex ceed 10 square feet in total surface area,nor 5 square feet per face,and shall have a minimum clearance above the side walk of 9 feet.The minimum horizontal distance between sus pended signs shall be 15 feet,and such signs shall not pro ject beyond the outside limits of the arcade,marquee or canopy to which they are attached.Such signs shall be sub ject to the safety standards of this chapter. 6.Wall signs. a.The total area of all wall signs on any face of a building shall not exceed 15%of the area of that por tion of the building facade,between ground level and the roof line or a line 25 feet above grade level,whichever is least,upon which said signs are located. b.No part of a wall sign shall be located more than 25 feet above grade level.A wall sign may project above the roof line or parapet wall of the building upon which said sign is located;provided,however,that the maxi mum vertical projection shall be the lesser of: (1)One-third the total height of the sign; or (2)24 inches. c.Any sign erected upon or against the side of a roof having an angle of 45 degrees or less from the vertical shall be subject to the provisions of subpara— graphs a and b above,and shall not project more than 12 inches horizontally (measured at the bottom of the sign) from the side of the roof upon which it is displayed. d.No more than one wall sign shall be per mitted for each face of a building. 7.Joint identification signs. —3 — a.Joint identification signs may be of the following classes:free—standing,projecting or wall signs. Such signs shall be subject to the applicable provisions of sections 17.66.300 2 and 4,except that free—standing joint identification signs shall be subject to the area and height limitations therefor in section 17.66.290 3. b.Where a free-standing joint identification sign is used to identify tenants in a single building or a business or an industrial complex,there shall be no other free-standing signs permitted on the premises.One joint identification sign shall be permitted for each 500 feet of total street frontage,or fraction thereof,adjacent to the premises. 8.Time—temperature—date signs.Time—temperature— date signs which do not exceed 10 square feet per face shall not be required to be included in the allowable sign area permitted in section 17.66.290 4;provided,however,that any identification or advertising which is attached to or made a part of the same sign structure shall be included in said allowable sign area for the premises.It shall be the responsibility of the owner of such signs to maintain such signs and insure that they are kept accurate.If these con ditions are not met,the sign shall be repaired or removed. 9.Standard brand-name signs.Not more than 20% of the total allowable sign area for any permitted use shall be devoted to the advertising of any standard brand—name commodities or services which are not the principal com modity or service being sold or rendered on the premises,or are not a part of the name of the business concern involved. 17.66.310 Structural requirements.1.Construction. a.General.Signs and sign structures shall be securely built,constructed and erected in conformance with the requirements of chapter 4 of the Uniform Building Code. b.Location.Supports for signs or sign :0 structures shall not be placed in or upon public rights-of- way or public easements. c.Anchorage.Anchors and supports shall be guarded and protected when near driveways,parking lots or similar locations where they could be damaged by moving ve hicles.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. 2.Clearance.Signs shall not be located with less than 3 feet horizontal nor 8 feet vertical clearance from overhead electric conductors which are energized in excess of 750 volts.No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with free use of any fire escape, exit or standpipe.No sign shall obstruct any window to such an extent that any light or ventilation is reduced to a point below that required by any law or ordinance of the town of Estes Park. 3.Free—standing signs.Free—standing signs may be constructed of any material meeting the requirements of this chapter.Supports for free-standing signs shall not be placed upon public right-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 circulation areas,a base or barrier of concrete or steel,not less than 30 inches high,shall be provided to protect the base of the sign from possible damage by ve hicles.Where any free—standing sign has a clearance of less than 9 feet from the ground,there shall be provided a barrier or other adequate protection to prevent hazard to pedestrians and motorists. —35— 0 4.Wall signs.Wall signs shall be constructed of material meeting the requirements of this chapter.Pro jecting wall signs shall be designed in accordance with the requirements of this chapter. 5.Marquee signs.Signs may be placed on,attached to or constructed in a marquee.Such signs shall,for the purpose of determining projection,clearance,height and ma terials,be considered a part of and shall meet the require ments for a marquee as specified in the latest edition of the Uniform Building Code,unless otherwise provided in this chap ter. 6.Electric signs. a.General.Electric signs shall be constructed of incombustible material meeting the requirements of this chapter.Electric signs shall be raintight,except that ser vice holes fitted with waterproof covers shall be provided to each compartment of such signs.All electric signs hereafter installed or erected in the town of Estes Park shall bear the label of Underwriters Laboratories,Inc. b.Regulations. (1)Installation.No electric sign shall be erected or maintained which does not comply with the Nation al Electric Code. (2)Interference with radio or television. No electric equipment or electrical apparatus of any kind which causes interference with radio or television recep tion shall be used in the operation of illuminated signs. Whenever interference is caused by unfiltered or improperly filtered or otherwise defective sign,or by any other elec trical device or apparatus connected to the sign,the build ing inspector shall order the sign disconnected until repairs are made. 7.Maintenance.Every sign,including those speci fically exempt from this chapter in respect to permits and —36— 0 permit fees,shall be maintained in good structural condi tion at all times.All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust—resistant metals.The building inspec tor or his authorized representative shall inspect and shall have the authority to order the painting,repair,alteration or removal of a sign which shall constitute a hazard to safety,health or public welfare by reason of inadequate maintenance,dilapidation or obsolescence. 17.66.320 Nonconforming signs.1.Continuation of legal nonconforming signs.With the exception of those signs enumerated in sections 17.66.320 2b,17.66.320 2c and 17.66. 320 3,and subject to the provisions of section 17.66.320 4, a legal nonconforming sign may be continued and shall be main tained in good condition,but it shall not be: a.Changed to another nonconforming sign; b.Structurally altered (except to meet safety requirements)so as to prolong the life of the sign; c.Altered so as to increase the degree of non conformity of the sign; d.Expanded; e.Reestablished after its discontinuance for 90 days; f.Continued in use after cessation or change of the business or activity to which the sign pertains; g.Reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50%of the appraised replacement cost (as determined by the building inspector);or h.Altered to change the text thereof,except such signs which have been designed specifically to permit changes of the text thereof. 2.Discontinuance of prohibited signs.Any non conforming sign which is listed in section 17.66.190 3 as —37— .0 a “prohibited sign”shall be removed or brought into con formance with the provisions of this chapter according to the following schedule: a.Within 60 days after the effective date of this chapter,any sign in categories a through c of section 17.66.190 3 which is in existence on said effective date shall be altered in such a manner that its movement or il luminations do not continue operating in a prohibited man ner.The provisions of section 17.66.320 4 shall apply to all other nonconforming aspects of such sign. b.Any sign in categories d through i of sec tion 17.66.190 3,which is in existence on the effective date of this chapter,shall be brought into conformance or removed within 60 days after said effective date,and the provisions of section 17.66.320 4 shall not apply thereafter. c.Any sign in categories j through m of sec tion 17.66.190 3,which is in existence on the effective date of this chapter,shall be brought into conformance or removed forthwith,and the provisions of section 17.66.320 4 shall not apply thereafter. d.Any sign in categories n and o of section 17.66.190 3,which is in existence on the effective date of this chapter,shall be subject to the provisions of sec tion 17.66.320 4. 3.Discontinuance of temporary signs.Any noncon forming sign erected or displayed more than 90 days prior to the effective date of this chapter,which is defined as a “temporary sign”under section 17.66.090,shall be re moved forthwith. 4.Conformance provisions.With the exception of those signs enumerated in sections 17.66.320 2b,17.66.320 2c and 17.66.320 3,any sign erected on constructed prior to the enactment of this chapter,or any sign subject to the provisions of this chapter by reason of annexation to —38— 0 the town of Estes Park,and which sign is a legal nonconform ing sign as defined herein,shall be brought into conformance or removed in accordance with the following provisions: a.Any existing individual sign which exceeds the maximum area or height limitations of this chapter by 10%or less may be considered to be a conforming sign and need not be removed or altered.However,at the time such sign is to be replaced or renovated,that sign shall be made to conform to all provisions of this chapter. b.Any sign which is nonconforming,except as provided in subsection a above,shall be brought into con formance or removed within 5 years from the date upon which the sign becomes nonconforming under the provisions of this chapter and any amendments hereto. 17.66.330 Special exceptions.1.Intent.It is the stated intent of this chapter to encourage signs which are well-designed and compatible with their surroundings. In particular,it is deemed desirable to promote and en courage the use of free-standing identification signs which are of a low profile,planter type design when such signs are designed to complement the architectural style and design of the building towhich they are appurtenant and to be compatible with the general area where the sign is to be located. Additionally,it is recognized that signs are a necessary means of communication for the convenience of the public.There are certain types of signs which are not in common use throughout the town or are peculiar to a particular type of activity,and which are deemed to be desirable,under controlled circumstances,for the public convenience.The general regulations of this chapter, however,are such that these signs ——signs on theater marquees,collective identification or directory signs showing the names of various civic or religious organiza— —39— ‘0 0 tions,and kiosks located within pedestrian areas for the purpose of displaying posters and similar signs --are not generally permitted or are restricted in such a manner as to affect the utility of such signs. Therefore,it is the intent of this chapter to provide a means of review and approval of special excep tions to the provisions of this chapter,whereby specified deviations from the general sign regulations may be allowed to permit the aforementioned types of signs,without need for proof of hardship;provided that the proposed size,lo cation and design of such signs are compatible with their surroundings and consistent with the general intent of this chapter. Furthermore,there may be occasions when a building or portion of a building proposed to be built in the town will,by virtue of its design,decoration,illumi nation or otherwise,be classified as a “sign”as defined herein,and,as a result,will exceed the maximum sign area permitted by this chapter.Therefore,it is the further in tent of this chapter to provide a means for review and evalu ation of such proposals in order to insure that the result ing construction is compatible with the general intent of this chapter. 2.Scope —signs requiring special exceptions. The provisions of this section shall apply to the following: a.Exceptions to the maximum allowable sign area for free-standing identification signs of a low profile planter type design,when such signs are located in corumer— cial,restricted commercial,restricted industrial and de veloping resource zoning districts,and are designed to complement the architectural style of the building to which they are appurtenant;and when such signs contain no copy other than the name and/or street address of the use being identified and/or a logotype symbol or trademark. —40— ro Q b.Exceptions to the maximum sign area per mitted on theater marquees in cases where necessary copy and standard changeable letter sizes clearly necessitate such an exception. c.Exceptions to general sign regulations to permit the erection of collective identification or direc tory signs showing the names and locations of various civic or religious organizations in the community when such signs are not located on the premises of the uses being named; but are placed adjacent to major thoroughfares near entrances to the town. d.Exceptions to general sign regulations to permit the erection of kiosks or similar structures and the display thereon of signs,posters,notices,etc.,when such structures are located within primarily pedestrian—oriented circulation areas and when such structures have little or no street or building frontage upon which basis permitted sign areas can be calculated.Such structures shall be per mitted only in commercial,restricted commercial and re stricted industrial zoning districts,or within planned unit developments in residential or estate zoning districts. e.Proposals to erect buildings in commercial, restricted commercial and restricted industrial zoning dis tricts which,by reason of design,decoration,illumination or otherwise,may be interpreted by the building inspector to be signs. 3.Application.Application for approval of a sign permitted as a special exception shall be filed by the owner or erector of the sign for which the approval is re quested.Such application may be submitted for review and approval concurrently with application for a planned unit development or a use permitted by special review under the provisions of title 17 of this code,if the sign is to be a part thereof.Said application shall be submitted in writing —41— to the building inspector and shall include the following plans and 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 of the pro posed sign structure. c.A site plan,drawn to scale,showing the lo cation of the proposed sign,the location of existing or proposed buildings or other structures on the lot,the loca tion of existing signs and proposed signs on the premises, the location of public rights-of-way on or adjacent to the property,and the location of vehicular entrances and exits on the property. d.Elevation drawings of the proposed sign, drawn to scale,showing major dimensions of the proposed sign,including height,clearance above sidewalks and dis tance of projection from the building,proposed sign copy and pertinent architectural details and location of any landscaping to be provided in connection with the sign. e.Type and location of proposed illumination. f.Elevation or perspective drawings,or pho— tographs,showing the architectural design and construc tion materials of existing or proposed buildings on the lot,when such information is pertinent to the application. g.Any additional information which the appli cant feels may support the request. Each application shall be accompanied by an application fee of $7.50 to cover the costs of processing and publication.Said fee shall be in addition to the sign permit fee required in section 17.66.160. 4.Jurisdiction of planning commission and re— quired findings.The planning commission of the town of Estes Park shall have jurisdiction to hear all applications —42— C for special exceptions.The planning commission shall not grant any special exception without first receiving the advice of the building inspector concerning the application. No special exception shall be granted unless the proposed sign and/or sign structure meets each and every one of the following requirements: .a.The proposed sign will not be contrary to the intent of this chapter,as declared in section 17.66.020; b.The proposed sign will be in accordance with the intent of this section,as stated herein; c.The proposed sign will comply with all ap plicable provisions of this chapter,unless any such provi sions are expressly permitted to be varied by the special exception procedure; d.The proposed sign is reasaonäbly necessary, and the degree of the exception is the minimum necessary, to accomplish the purpose of the sign itself;and e.The proposed sign will not result in ad verse effects upon neighboring properties,or the health, safety and general welfare of the public. 5.Procedure for approval.The following proce dure shall be required in connection with any application for a special exception: a.Within 7 days after the receipt of an ap plication for a sign permitted as a special exception,the building inspector shall submit the application and his recommendations to the planning commission.The building inspector may include in his recommendations any modifica tions or conditions he deems necessary to insure the com patibility of the sign with its surroundings and with the intent of this chapter. b.Within 30 days after receiving the advisory report from the building inspector or as soon thereafter as possible,the planning commission,after giving notice, —43— 0 shall hold a public hearing on the application.Said notice shall be published in a newspaper of general circulation within the town at least 10 days prior to the hearing,and shall indicate the time,date and place of the hearing and a brief summary or explanation of the proposal and its loca tion.Supplementary notice by means of posting notice upon the site where the proposed sign is to be located and/or by means of notification by mail to owners of adjacent properties may also be given if deemed necessary and desirable by the planning commission. c.After hearing the application,the planning commission shall make its findings,which shall be recorded in the official minutes of the meeting,either: (1)Granting the proposed application in whole or in part,with or without modifications or condi tions,or (2)Denying the application. d.All approved plans for the proposed sign, including any modifications or conditions imposed by the commission,shall be endorsed by the planning commission, and said plans shall be filed with the building inspector, who shall then issue a permit for the sign as approved. e.Any modification of the proposed sign or sign structure after approval has been granted shall be permitted only in accordance with the procedures applica ble to the initial approval of the sign. 6.Existing signs.Any existing sign which does not conform to the general regulations of this chapter,but which may be permitted as a special exception under the pro visions of this section,shall be subject to review of its nonconforming status,according to the following: a.At any time after the effective date of this chapter,the owner of the sign may make application for a special exception according to the requirements of —44— :‘,Q 0 section 17.66.330. 5.Said application shall be processed and re viewed in the manner provided in sections 17.66.330 4 and 17.66.330 5.The planning commission shall either: (1)Grant the application,as requested by the applicant,and confirm that the existing sign will thereafter be considered as a conforming sign; (2)Require any modifications or conditions which it deems necessary to insure that the sign is in com pliance with the intent of this chapter and the intent of this section,and establish the conforming status of the sign according to the required modifications or conditions;or (3)Deny the application. c.If the owner of the sign shall fail to make application for a special exception within the specified time period,or if the planning commission denies the appli cation,the sign shall be considered as a nonconforming sign, and shalibe subject to the provisions of section 17.66.320 4. 17.66.340 Appeals and variances.1.Orders of the building inspector.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 or der to the alleged violator.The order shall specify those chapter sections of which the individual is allegedly in violation,and shall state that the individual has a period of 30 days from the date of the order in which to either correct the alleged violations or appeal the order to the zoning board of adjustment.The board of trustees of the town may grant the individual a period of time greater than 30 days in which to correct the alleged violation if it reasonably appears that,due to the nature of the alleged violation,it cannot be corrected within 30 days. 2.Appeal to,and request for variance from,zon ing board of adjustment. —45— 0 a.Any aggrieved person who believes the al leged violation as contained in the order of the building inspector is factually or legally contrary to the provi sions of this chapter may appeal the same to the zoning board of adjustment,hereinafter referred to as the “board,” in a manner provided by such board.In the alternative, an aggrieved person may request that the board grant a variance from the requirementsof this chapter.The fil ing of such request shall be in the manner provided by the board. b.Any aggrieved person may also appeal to the board any decision or ruling of the building inspector involving the interpretation of any provision or term of this chapter. C.Any provision in this section 17.66.340 to the contrary notwithstanding,no person may appeal to,or request a variance from,the zoning board of adjustment when the building inspector has made a determination that the person is in violation of section 17.66.100. 3.Procedure for filing appeal. a.Every appeal from an order of the building inspector shall be filed within 30 days from the date of such order.The board shall have no jurisdiction to hear any appeal not brought within 30 days from the date of such order. b.The fee for filing an appeal,or a request for a variance,or the 2 in the alternative,shall be $7.50. 4.Appeals -burden of proof.In every appeal be fore the board,the burden of proof shall be on the building inspector,or some other town employee acting through the building inspector,to support the alleged violation by a preponderance of the evidence. 5.Variances.In every case in which a request for a variance from the requirements of this chapter has —46— Q been filed,the board shall not grant a variance unless it specifically finds each and every one of the following con ditions to exist: a.There are special circumstances or condi tions,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 ques tion;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. b.The variance would be in general harmony with the purposes of this chapter,and specifically would not be injurious to the neighborhood in which the business or enterprise to which the applicant desires to draw atten tion is located. c.The variance is the minimum one necessary to permit the applicant to reasonably draw attention to his business or enterprise. 6.No variance for maximum sign area on a lot or building.Other sections of this section 17.66.340 to the contrary notwithstanding,the board shall not have any jur isdiction to hear,nor the authority to grant,any variance from any section of this chapter which limits the maximum permitted sign area on a single lot or building. 7.Conditions.The board may grant a variance sub ject to any conditions which it deems necessary or desir able to make the device which is permitted by the variance compatible with the purposes of this chapter. 8.Judicial review of decisions of zoning board of adjustment.Any person aggrieved by a final decision of the board,and the town of Estes Park,may seek relief therefrom in a court of competent jurisdiction within 10 —47— ‘: 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.The record will be forwarded by the building inspector within 15 days to the said court. 9.Effect of failure to appeal.The order of the building inspector shall become a final order of the zoning board of adjustment upon the happening of any of the fol lowing events: a.The failure of the applicant to appeal the order of the building inspector to the zoning board of ad justment within the prescribed period of time for bringing such appeal. b.The failure of the applicant to appeal the order of the zoning board of adjustment to a court of com petent jurisdiction within the prescribed period of time for bringing such appeal. c.When the judgment of a court of competent jurisdiction becomes final,as determined by the rules of such court.V 17.66.350 Sign in violation of this chapter de clared a common nuisance.Any sign in violation of any of the provisions of this chapter is declared to be a common nuisance and may be abated according to law. Section 3.Validity.---If any part or parts of this ordinance are for any reason held to be invalid,such decision shall not affect the validity of the remaining portions of this ordinance.The board of trustees hereby declares that it would have passed this ordinance and each part or parts thereof,irrespective of the fact that any one part or parts be declared invalid. Section 4.Repeal.——-Existing ordinances or parts of ordinances covering the same matters as embraced in this —48— ;()0 a ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this or dinance are hereby repealed,except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. Section 5.Effective Date.---The board of trustees of the town of Estes Park,Colorado,herewith finds,deter mines and designates that this ordinance is necessary for the immediate preservation of the public peace,health and safety,for sign regulation and zoning effect 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 after its final passage,adop tion and the approval and signature of the mayor. PASSED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING AND SIGNED THIS ____ DAY OF _______________, 1976. TO OF ESTESRK,COLORADO (SEAL) ATTEST: Town Clerk —49—