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HomeMy WebLinkAboutORDINANCE 24-10C C ORDINANCE NO.24-10 AN ORDINANCE AMENDING SECTION 17.66 AND DELETING CHAPTER 17.88 AND 17.89 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK REGARDING SIGNS WHEREAS,the Sign Code Task Force has recommended the amending and restating of Chapter 17.66 of the Municipal Code with regard to signs;and WHEREAS,the Board of Trustees of the Town of Estes Park has determined it is best interest of the Town the recommended changes and restating of Chapter and the deletion of Chapters 17.88 and 17.89 be approved. NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Chapter 17.66 of the Municipal Code is hereby amended and restated as more fully set forth on Exhibit “A”attached hereto and incorporated herein by this reference. Section 2.Chapter 17.88 and 17.89 of the Municipal Code are hereby deleted, as the chapters have been incorporated in the amend Chapter 17.66. Section 3.This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. ATTEST: M1Jhi To’id Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the day of fldJtLL2/2010,and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the 2*’- dayof floO1vtUi&7 2010. ) Towr Clerk in the 17.66 PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS CjW DAY OF floU-eMb,7 2010. 0 0 I,,, z311 o cit C EXHIBIT A 0• 10-06-10 Notes on this draft: This is a marked up draft that takes its organization and structure from the existing sign code as it exists on the books today. Deleted language is shown in red strike thru text.New language is shown in blue underlined text. The edits arc followed by a notation of the origin of the revision;i.e.staff,committee,or task force.Town Attorney White has authored the revisions to the Appeals and Variance section.The green highlights indicate existing sections that have been relocated within the code. Of course,this is still a working draft. -rbj 17.66.010 Title. Chaptcrl7.66 Signs This Chapter shall be known and cited as the “Town of Estes Park Sign Code.”(Ord.11-76 §2(part),I 976;Ord.17-02 §I (part),2002) 17.66.020 Intent and purpose. The purpose of this Chapter is to protect the health,safety and welfare of the citizens by pro viding for uniform control of signs.It is the intent of the regulations set forth in this Chapter to: (1)Recognize that signs are a necessary means of visual communication for the convenience of the public; (2)Recognize and ensure the right of those concerned to identifj businesses,ser vices and other activities by the use of signs; (3)Ensure that signs are compatible with adjacent land uses and with the total vis ual environment of the community; (4)Protect the public from hazardous conditions that result from signs which are structurally unsafe,obscure the vision of motorists and/or compete or conflict with necessary traffic signals and warning signs; (5)Recognize I hat the chin ination of existing signs that are not in contiwmance with the provisions of this Chapter is neces sary to the public safety and welfare and to the protection of the visual environment. (Staff:Content neutrality) (.)Provide Ibr uniform reizulation c.f QiII commercial jjis and non commercial jgns in the same manner.(Staff: Content neutrahtv)(Ord.11-76 §2(part). 1976;Ord.15-97.1997;Ord.17-02 §l(part). 2002) 17.66.030 Scope and application of this Chapter. The provisions of this Chapter shall apply to the display,construction,erection,alteration. use,location and maintenance of all signs within the Town,and it is unlawful hereafter to display, construct,erect,alter,use or maintain any sign except in conformance with the provisions of this Chapter.(Ord.11-76 §2(part),1976;Ord. 17-02 §I(part),2002) 17.66.040 Definitions. General. As used in this Chapter,the following words and phrases are defined as follows: (I)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 within AUSTRALIA-a (Figure 2 Example ofpolygon) (2)Awning means a movable shelter supported entirely from the exterior wall of a building and of a type which can he retracted.toldedo collapsed against the fj Banner means a temporary jgji consisting of canvas,nylon.ithi fabric or other material of similar physical characteristics that bears text and/or graphics intended to identify or direct attention to commercial message or product,service, place,activity,business:m nx n& commercial message or graphic. (4)Building Code means the latest edi tion of the Building Code,as amended and adopted by the Town. (5)Building inspector means the officer or other person charged with the administration and enforcement of this Chapter,or his or her duly authorized deputy. (6)Canopy means a permanently roofed shelter covering a sidewalk,driveway or other similar area,which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground 7)Face or wall of building means the general outer surface of any main exterior wall or foundation wall of the building, including windows and storefront. (8)Flag means the flag,pennant or ensign of any nation,organization or nations, state,county,city,religious,civic,charitable or fraternal organization,or educational institution.— 0 polygon not exceeding twelve sides.J.E.}e F&ztres I aiulj 0 I (Figure 1 Example polygon) ‘:‘fl (see Ficiure fl. thee of the .LIIJp.dII ouuw.UI d LU’Id space hmcd ;tmcture.(TF)(see Fit’urell —— (Figure 4 Example canopyj fl,,. (Figure 3 Example AiI’ning Exhibit A November 3,2010 Page 2 of 35 (9)Frontage,building means the horizontal,linear dimension of that exterior side of a building which abuts a street,a parking area,a mall or other circulation area open to the general public;and has either a main window display of the enterprise or a public entrance to the building.Where more than one (1)use occupies a building,each such use having an exterior public entrance or exterior main window display for its exclusive use shall be considered to have its own building frontage,which shall be the front width of the portion of the building occupied by that use.ye Figure (10)Frontage,street means the linear frontage (or frontages)of a lot or parcel abut ting on a private or public street which pro vides principal access to,or visibility of,the premises.ii Figure L .i r1t (Figure 6 Anvnw indicate frontage counted towards calculations,) (II)Height means the vertical distance measured from the elevation of the nearest sidewalk (or,in the absence of a sidewalk within twenty-five (25)feet,then from the lowest point of finished grade on the lot upon which the sign is located and within twenty- five (25)feet of the sign),to the uppermost point on the sign or sign structure. (12)Illumination,direct means lighting by means of an unshielded light source (including fluorescent,flgjfl emitting diode or LU2 {Ii &CD/CS)and neon tubing)which is effectively visible as a part of the sign, where light travels directly from the source to the viewer’s eye. (13)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 illumi nate the entire building façade upon which a sign is displayed. (14)Illumination,internal means light ing by means of a light source which is within a sign having a translucent back ground,silhouetting opaque letters or designs,or which is within letters or designs which are themselves made of a translucent material. (IS)Kiosk means a small structure,typi cally located within a pedestrian walkway or similar circulation area,and intended for use as dis Ia s ace for posters.notices,exhibits, etc.I roermiu&1seg (16)Light source means and includes any device,or method of producing light, including neon,fluorescent or similar tube lighting.jjgt emitting diode,or LED (TF & CD/CS)incandescent bulb and any reflecting surface which,by reason of its construction and/or placement,becomes in effect the light source. (17)Lighting,backlighted means a con cealed light source located behind the surface of the sign to highlight specific elements of the sign. 0 0 ,‘oT__p—F.———- (Figure 5 Example Non-Qualifring and Quaflfying Building Frontage,) Exhibit A November 3,2010 Page 3 of35 (I?)Lighting.ncwi means uny method of lighting using neon tuhe in a manner in which ihc neon tube can be ecn.(TF) (18)Lot means a portion or parcel of land,whether part of a platted subdivision or otherwise,occupied or intended to be occu pied by a building or use and its accessories, together with such yards as are required under the provisions of this Title.A lot must be an integral unit of land held under unified ownership in fee or in co-tenancy. (19)Maintenance means the replacing, repairing or repainting of a portion of a sign structure;periodic changing of bulletin board panels;or renewing of copy which has been made unusable by ordinary wear and tear, weather or accident:or a change in flX identify a new business where the change is made to an existing permitted jajnt identification jg thai is to remain in place.flit)The replacing or repairing of a sign or sign structure which has been damaged to an eNtent e\ceeding fifty percent (50.)of the appraiseJ replacement cost (as determ ned h I he build in im;peehw)(TF) shall be considered as maintenance only when the sign conforms to all of the applicable provisions of this Chapter jmd when the damae has been caused h’;an act of God or violent aecidcntjTF) (20)Munpwc moans a permanently pursuant to this Section.n( 1A6(oal (21)National Electrical Code means the latest edition of the National Electrical Code, published by the National Fire Protection Association,as amended and adopted by the Town. £222 Nits are a measurement of luminance.One nit is gjj.to one candela souare meter (I cd/m2).(CDCS:clarity) (23)Roof means the cover of any build ing,including the eaves and similar projects projeetions.(C D/CS) (24)Roof line means the highest point on any building where an exterior wall encloses usable floor space,including floor ama for housing mechanical equipment.Roof line also includes the highest point on any parapet wall,praviJed that the parapet ‘.vall extends around the entire perimeter of the building (TE). (25)Sign means any writing,pictorial representation,decoration (including any material used to differentiate sign copy from its background),form,emblem or trademark, flag or banner,mural,or outdoor display of merchwidi se to attract bw;i ness (TF—see deletion of outdoor display or merchandise), or any other display of similar character containing either commercial content or non commercial content (Stafl content neittrality) which: a.Is a structure or any part thereof (including the roof or wall of a building); b.Is written,printed,projected, painted,constructed or otherwise placed or displayed upon or designed into a building,board,plate,canopy,awning, vehicle or upon any material object or device whatsoever;and 0 0 mofbd structure attached to and cuppoed h:. a building.and projectint from the building. (TF) (20)Motor vehicle providing public transportation is a motor vehicle operated pursuant to a certificate of public conven ience and necessity to operate as a common carrier for hire for the transportation of passengers and their baggage,on schedule, issued by the Public Utilities Commission of the State.Vehicles which are exempt from regulation as public utilities pursuant to Section 40-15-101,et.seq.,C.R.S.,are not eligible for an exemption from the sign code Exhibit A November 3,2010 Page 4 of35 c.By reason of its form,color,word ing,symbol,design,illumination,motion or other feature attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement or announcement,or non cornrnerc al corn mun ication.(Staff content neutrality) (26)Sign face means the surface of a sign upon,against or through which the mes sage is displayed or illustrated. (27)Sign types. a.Bulletin board sign means a sign used for the purpose of notification to the public of an event or occurrence of public interest,such as a church service,political rally,civic meeting or other similar event. columns,uprights,poles or braces extended from the ground or from an object on the ground,or a sign which is erected on the ground,provided that no part of the sign is attached to any part of any building,structure or other sign. Freestanding sign includes pole signs, pedestal signs and ground signs. F.Identjfication sign means and in cludes any of the following: 1.A nameplate which establishes the identity of an occupant by listing his or her name and business or profes sional title; 2.A sign which establishes the identity of a building or building com plex by name or symbol only; b.Construction sign means a tempo rary sign announcing subdivision, development construction or other improvement of a property’by a builder, contractor or other person furnishing ser vices,materials or labor to the premises. For the purposes of this Chapter,a consiniction sign shall not be construed to be a real estate sign as defined in this Sec tion. c.Directional sign means a sign erected by the Town or other governmen tal agencies,or a sign erected by pennis sion of the Town,directing vehicular or pedestrian traffic. d.Double-face sign means a sign where two (2)sides are separated by not more than twenty-four (24)inches and are parallel to each other.Such signs shall be considered as one (I)sign. e.Freestanding sign means a sign which is supported by one (I)or more 3.A sign which indicates street address or combines nameplate and street address; 4.A sign which identifies an area in the Town which,by reason of development natural features,histori cal occurrences or common references, has or will become a landmark in the Town;and 5.A commemorative sign,such as a cornerstone,memorial or plaque, when such is cut into a masonry sur face or constructed of bronze or other incombustible material and is made an integral part of the structure. g.Joint identification sign means a sign which serves as common or collec tive identification for two (2)or more uses on the same lot. 0 0 Exhibit A November 3,2010 Page 5 of35 It Marqucc sign man a in depictcd upon,uttachcd to or supponcd by a marquee d:fined in this Section. (Staff&TE) i.Off-premises advertising sign means any off-premises sign,including a billboard or general outdoor advertising device,which adveilises or directs atten tion to a business,commodity,service or activity conducted,sold or offered else where than on the same lot or within the same building upon which such sign is cated.QmndWed j.Portable sign means a sign which is not attached to the ground,a building or other structure,but does not include a vehicle-mounted sign as defined in this Section.Swd to k.Projecting sign means a sign attached to a building or extending in whole or in part twelve (12)inches or more horizontally beyond the surface of the building to which the sign is attached, but does not include a marquee sign as defined in this Section. I.Real estate sign means a sign indicating the availability for sale,rent or lease of the specific lot,building or por tion of a building or lot upon which the sign is erected or displayed. m.Roof sign means a sign painted on the roof of a building;supported by poles, uprights or braces extending from the roof or a building or projecting above the roof line or a building,but does not include a sign projecting from or attached to a wall as permitted by this Chapter.(See ivall sign.) n.Suspended sign means a sign sus pended from the ceiling of an arcade, marquee or canopy. o.Temporaty sign means a sign which is intended for a temporary period of display for the purpose of announcing a special event,advertising or directing per sons to a subdivision or other land or building development,advertising per sonal property for sale,or promoting a olitical campaign or special election. ,nOVU(Mto se p.Vehicle-mounted sign means a sign displayed upon a trailer,van,truck, automobile,bus,railroad car,tractor, semi-trailer or other vehicle,whether or not such vehicle is in operating condition. q.Vending machine sign means a sign that is incorporated into and designed as a art of a vending machine. tilt tedIa r.Wall sign means a sign displayed upon or against the wall of an enclosed building or structure where the exposed face of the sign is in a plane parallel to the plane of the wall and extends not more than twelve (12)inches horizontally from the face of the wall.A sign erected upon or against the side of a roof having an angle of forty-five (45)degrees or less from the vertical shall be considered to be a wall sign,and shall be regulated as such. s.Wind sign means a sign consisting of one (1)or morn banners,pennants,rib bons,spinners,streamers or captive bal loons,or other objects or materials fas tened in such a manner as to move upon being subjected to pressure by wind or breeze,but does not include flags. 0 0 Exhibit A November 3,2010 Page 6 of35 (28)Sign structure means any supports, uprights,braces or frameworks of a sign. 17.66.040.01 Permitted jg Definitions (Slam clarity &readability) As used in this Chapter,the following words and phrases are defined as follows: (I)Bulletin board sign means a sign used for the purpose of notification to the public of an event or occurrence of public interest. such as a religious service,political rally. civic meeting or other similar event.(Staff: clarity &readability) (2)Construction sign means a temporary sign announcing subdivision,development, construction or other improvement of a property by a builder,contractor or other person furnishing services,materials or labor to the premises.For the purposes of this Chapter.a cow;truc non vk’n shall not be construed to he a real estate sign as defined in tIne Section.(Staff:clarity &readability) (3)Directional sign means a sign erected by the Town or other governmental agencies, or a sign erected by permission of the Town, directing vehicular or pedestrian traffic. means apof cloth or fabric. usually rectangular,of distinctive color and design,used nsa symbol,standard.signal,or emblem.(Staff:clarity,readability,content neutrality) C0 t.Window sign means a sign which is painted on,applied or attached to,or located within three (3)feet of,the interior of a window,which sign can be seen through the window from the exterior of the structure.Merchandise which is included in a window display shall not be included as part of a window sign.rmow th—thnJoor dLvplav of merchandise to attract business means the outdoor dis play of merchandise offered for sale where such outdoor display is located ‘.vith the primary purpose of attracting attention of passing motorists or pedestri ans.and where the display is moved indoors at the close of business daily and therefore does not constitute seasonal or permanent accessory outdoor storage. (IF) (4)Double -face sign means a sign where two (2)sides are separated by not more than twenty-four (24)inches and are parallel to each other.Such signs shall be considered as one (I)sign .yge Figure fl (29)Signs,number of For the purpose of determining the izumber qf signs,a sign shall be considered to be a single display sur face or display device containing elements clearly organized,related and composed to form a unit,Where sign elements are dis played in an unrelated or random manner, each element shall be considered to be a sin gle sign.(Ord.11-76 §2(part),1976;Ord. 25-76 §1,1976;Ord.21-82 §1(E),1982; Ord.15-97,1997;Ord.17-02 §1(part),2002)(Figure 7 Double sided width max 24 “) (7)Flag means the flag.pennant or ensign of any nation.organization or nations. state,county,city,religious,civic,charitable or fraternal organization,or educational inst itnt ion. Exhibit A November 3,2010 Page 7 of35 (6)Freestanding sign means a sign which is supported by one (1)or more columns, uprights,poles or braces extended from the ground or from an object on the ground,or a sign which is erected on the ground,provided that no part of the sign is attached to any part of any building,structure or other sign. Freestanding sign includes pole signs, pedestal signs and ground signs. (7)Idetit ification sign means and includes any of the following: a.A nameplate which establishes the identity of an occupant by listing his or her name and business or profes sional title; b.A sign which establishes the identity of a building or building com plex by name or symbol only; c.A sign which indicates street address or combines nameplate and street address; d.A sign which identifies an area in the Town which,by reason of development,natural features,histori cal occurrences or common references, has or will become a landmark in the Town;and e.A commemorative sign,such as a cornerstone,memorial or plaque, when such is cut into a masonry sur face or constructed of bronze or other incombustible material and is made an integral part of the structure. (8)Joint identification sign means a sign which serves as common or collective identification for two (2)or more uses on the same lot. (9)Projecting sign means a sign attached to a building or extending in whole or in part twelve (12)inches or more horizontally beyond the surface of the building to which the sign is attache&..but Joes not include a marquee igii as de lined in this Section.(TE) (10)Real estate sign means indicating the availability for sale, lease of the specific lot,building or of a building or lot upon which the erected or displayed. (I I)Suspended sign means pended from the ceiling of marquee or canopy. (12)Temporary sign means a sign which is intended for a temporary period of display for the purpose of announcing a special event as expressly provided for herein,advertising or directing persons to a subdivision or other new land or building development, adverlising personal properly 11w sale,or promoting a political campaign or special election.(Staff/Attorney White;recent changes for clarity) (13)Vehicle-mounted .cign means a sign displayed upon a trailer,van,truck, automobile,bus,railroad car,tractor,semi trailer or other vehicle,whether or not such vehicle is in operating condition. (14)Vending machine sign means a sign that is incorporated into and designed as a part of a vending machine. (15)Wall sign means a sign displayed upon or against the wall of an enclosed building or structure where the exposed face of the sign is in a plane parallel to the plane of the wall and extends not more than twelve (12)inches horizontally from the face of the wall.A sign erected upon or against the side of a roof having an angle of forty-five (45) degrees or less from the vertical shall be considered to be a wall sign,and shall be regulated as such Le Fl cure . 0 0 a sign rent or portion sign is a sign sus an arcade, Exhibit A November 3,2010 PageS of35 (Figure 8 Defined wall sign 45 degrees or less if attached to roof) (16)Window sign means a sign which is painted on,applied or attached to,or located within three (3)feet of,the interior of a window,which sign can be seen through the window from the exterior of the structure. Merchandise which is included in a window display shall not be included as part of a window sign. As used in this Chapter,the following words and phrases are defined as follows: (I)Off-premises advertising sign means any off-premises sign,including a billboard or general outdoor advertising device,which advertises or directs attention to a business, commodity,service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located. (2)Portable sign means a sign which is not attached to the ground,a building or other structure,but does not include a vehicle-mounted sign a±—4efi-iial---4ii——this See%ew (Staff:readability) (3)Roof sign means a sign painted on the roof of a building;supported by poles, uprights or braces extending from the roof of a building or projecting above the roof line or a building.hut does not include a sign projecting from or attached to awafl as pcrmitted by this Chapter.e Fkrures £wdjRoofjgsmayallowedg approved through the Creative jgn Program (Section 17.66.210)(Staff:clarity) (4)Wind sign means a sign consisting of one (I)or more banners,pennants,ribbons, spinners,streamers or captive balloons,or other objects or materials fastened in such a manner as to move upon being subjected to pressure by wind or breeze,but does not include flags or temporary banners and Town-sponsored events banners as provided for herein.(Staff:recent changes for internal consistency) 17.66.050 Exemptions. Except as specifically provided herein,the following may be erected without a sign permit. These exempt jgj)s shall not be included in the determination of the total allowable number of siwis or total allowable jgn area fbi-a business. (Staff:clarity readability)All signs shall meet all applicable setback,construction,illumination and safety standards.Any signs larger in size or with any different standards than stated in this Section shall be required to obtain a sign permit. (1)Signs which are not visible beyond the boundaries of the lot or parcel upon which they are located and/or from any pub lic thoroughfare or right-of-way. (2)Official governmental notices and notices posted by governmental officers in the performance of their duties,and govern mental signs to control traffic or for other C 0 (Figure 10 Example prohibited roof sign) 17.66.040.02 Prohibited jg Definitions (Staff:elarit &readability)his •ing IangiWj rem. -—-_-rA -—=.e, (Figure 9 Example prohibited signs) Exhibit A November 3,2010 Page 9 of35 regulatory purposes,to identify streets or to warn of danger. (3)Plagi.,.,.....(3)flags per lot.The maJmum individual size of a per mancntly displayed American flag.Colorado flag and official Town of Estes Park flag shall be forty (‘10)square feel.The ma mum individual size of all other permanently displayed flags shall be fifteen (15)squareeE(Staff:clarity.readability,content neutrality) (3)[jgg do not identify commercial enterprise or other pjgç of business,limited to three fl flj pcr in The maximum individual ze of a displayedflgshallefivejket when ffijjg from a buildhw,or five f feet by seven flet when j’ftinfl.g nth The foreaoinu limitation on number and size of non-commercial flacs m exceeded only as approved throuih the Creative jg Proarain (Section 17.66.210)(Stafft clarity, readability.content neutrality) (4)Temporary decorations or displays, when such are clearly incidental to and are customanly and commonly associated with any national.slate,local or reHgious hal ida’. or celebration.n.(Stall: clarity &readability,and TB 10.26.10) (5)Temporary or permanent signs erected by the Town,public utility compa nies or construction companies to warn of danger or hazardous conditions,including signs indicating the presence of underground cables,gas lines and similar devices. (6)Merchandise,pictures or models of projects or services which are incorporated as an integral part of a window display,where all such items displayed are located within the interior of the building where the busi ness is located. (7)Signs displayed on trucks,buses, trailers or other vehicles which are being operated or stored in the normal course of a business,such as signs indicating the name of the owner or business which are located on moving vans,delivery trucks,rental trucks and trailers and the like,provided that the primary purpose of such vehicles is not for the display of signs,and provided that they are parked or stored in areas appropriate to their use as vehicles. (8)All “open,’“vacancy”and “no vacancy”signs and signs designed to indicate vacancy,such as yes,”“no”and “sony,” whet he r they are non ill u ni noted,internal lv illuminated,indirectly illuminated or directly illuminated sinz,provided that the area of the sign does not exceed two and one half (4T&)four 12 square feet per face.(TE) (9)Displays of string lights,provided that they are: a.Decorative displays which only outline or highlight landscaping or architectural features of a building,and are not placed on or used to outline signs, sign supports,awnings and/or canopies, arranged to convey commercial advertise b.No greater in intensity than five (5) watts,and are steady-burning,clear,non colored bulb lights.No blinking,flashing or intermittent changes in intensity or ro tating shall be permitted;(Staff:content neutrality) (10)Signs displayed on motor vehicles providing public transportation,provided that they conform to the following requirements: a.The signs are flat and do not pro ject more than four (4)inches from the surface of the motor vehicle. h.No more than one third ()of the surface area of the vehicle is covcd by the signs.Surface area shall not include 0 0 or assembled or messages,words, ments,slogans and logos; Exhibit A November 3,2010 Page 10 of35 th roof.wheeb.Iight5 and ‘or undercar riae of the ye hicle.(TF b.The signs shall not be prohibited signs as more specifically set forth in See- lion 17.66.060. c.Motor vehicle providing public transportation is a motor vehicle operated pursuant to a certificate of public convenience and necessity to operate as a common carrier for hire for the transportation of passengers and their baggage,on schedule,issued by the Public Utilities Commission of the State. Vehicles which are exempt from regulation as public utilities pursuant to Section 40-15-101,ci Seq.,C.R.S.,are not eligible for an exemption from the sign code pursuant to this Section. (II)Identification signs which do not exceed two (2)square feet per face or four (4)square feet in total surface area;limited to six (6)feet in height and limited to one (I) such sign per use or per building,whichever is the greater number. (12)Temporary non-illuminated real estate signs which do not exceed si*-#63 e (21 £IU square feet in total area and four (4) feel in height,limited to one (I)such sign per street frontage.Such signs are restricted to the subject property and shall not remain in place more than seven (7)days afler the sale, lease or rental of the subject property. a.An house jgp associated llh the property for sale max only be displayed from one [U hour before the start of the pgp.house,and must he removed no .ter than one [U hour after the conclusion of the pgp house.(‘FE & C[)./CS) b.An gp house jgn kc. displayed between 8:00AM and 8:00PMeath(TF &CD/CS) c.An g house jgn rna.1121 b displayed for more than three (fl consecutive flffl provision does not apply to show models in new developments).(IF &CD/CS) (13)Signs in the nature of cornerstones, commemorative tablets and historical signs which do not exceed four (4)square feet per face in area and six (6)feet in height,and or indirectlywhicharenon-illuminated illuminated. (14)Private traffic directional signs guid ing or directing vehicular or pedestrian traffic onto or off of a lot or within a lot when such do not exceed three (3)square feet per sign per face in area and eight (8)feet in height, and do not contain any advertising or trade name identification.Private traffic control signs which conform to the standards of the Colorado Manual of Uniform Traffic Control Devices may exceed three (3)square feet per face in area,but shall not exceed seven (7) square feet per face.Such signs shall not exceed eight (8)feet in height. (15)Signs required or specifically authorized for a public purpose by any law, statute,ordinance or resolution. (16)Non-illuminated window signs, when the total area of such signs: a.Does not exceed twenty-five per cent (25%)of the total window area at the ground floor level on the side of the build ing or business unit upon which said signs are displayed;and b.Does not exceed twenty-five per cent (25%)of the total allowable sign area for the premises. c.Such signs shall not exceed four (4) square feet in total surface area per sign when placed in windows above the ground floor level,and no signs shall be 0 0 Exhibit A November 3,2010 Page II of35 placed in windows above the second floor level. (17)Signs commonly associated with, and limited to information and directions related to the permitted use on the lot on which the sign is located,provided that each such sign does not exceed one hundred fifty (150)square inches in total area.(This cate gory shall be interpreted to include such signs as “no smoking,”“rest room,”“no solicitors,”“self-service”and similar informational signs.) (18)Signs which identify items such as credit cards,menus or prices;limited to one (I)such sign for each use,not to exceed four (4)square feet per face or eight (8)square feet in total area.Such signs may be attached to the building,as projecting or wall signs,or included as an integral part of a freestanding sign. (19)Regulatory signs erected on private property,such as “no trespassing signs, which do not exceed two (2)square feet per face or four (4)square feet in total surface area,limited to four (4)such signs per use or per building. (20)Text or copy changes on signs specifically designed to permit changes of the text or copy thereof; 12±1 Temporary Special Event Posters thjt do not exceed two 12)square feet in size limited to one W such ]g p iui nr premise.(Staff &CD/CS:accommodate Duck Race) (2 I )A sign.which does not cxcccd six (6)square fect per face or twclvc (12)square feet in loud nuocc area;limited to six (6) feet in height and limited to one (I)such sign per lot and which does not propose.concern, (22)Vending machine signs,provided that such signs are limited to the product being vended.(Ord.11-76 §2(part),1976; Ord.36-76 §1,1976;Ord.17-80 §1,1980; Ord.21-82 §1(A),(B)and (C),1982;Ord.I- 87 §1,1987;Ord.6-87 §1,1987;Ord.15-97, 1997;Ord.17-02 §l(part),2002;Ord.17-07 §1,2007) 17.66.060 Prohibited signs. The following signs shall not be permitted, erected or maintained in the Town: (I)Off-premises advertising except as otherwise provided fbr herein under sections 17.66.170 and 17.66.180 (Staff:clarity & readability))Portable skins:roof jgns p4 signs.(Stall:clarity &readability) {2)Signs with visible moving,revolving or rotating parts or visible mechanical movement of any description or other appar ent visible movement achieved by electrical, electronic se mechanical means,or gy other external means including without limitation wind or other external forces,except for Town Sponsored Banners and Tempora Banners as provided in sections 17.66.180. 17.66.190,and 17.66.200,(Staff:clarity & readability)time-temperature-date signs, traditional barber poles,and gauges and dials which may be animated to the extent necessary to display correct measurement; 42)4)Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective,giving the illusion of motion or changing of copy; 9){)Signs with lights or illuminations which flash,move,rotate,scintillate,blink, flicker,vary in intensity,vary in chanae (Staff:clarity &readability)color or use intermittent electrical pulsations; 0 C reflect or promote a commercial purpose. (Staff:internal consistency) Exhibit A November 3,2010 Page 12 of35 (1)Sfringn of light bulbs used in connection with commercial premises (hr commercial pumoses.other than tmditional holiday decorations ccept as provided in Stectin 17.66.050(0):(‘FE) (5)Wind tns and banners:(TE & CD/CS) (6)Signs which incorporate projected images,emit any sound which is intended to attract attention,or involve the use of live animals; (7)Any sign which is installed or erected in or projects into or over any public right-of- way,except in the case of a sign for which a permit has been issued in conformance with the requirements of this Chapter; (8)Signs not permanently affixed or attached to the ground or to a permanent structure, (for example.banncrs.sandwich boards and handheld signs),Tcmpomrv real estate signs attached to pozt:;driven mb the ground and temporary safety hai:r are excepted. (Staff:clarity &internal consistency)except for Temporary Siuns as provided 11w under 17.66.070 Temporary signs,herein.(StaFl clarity &internal consistency) (9)Any sign or sign structure which: a.Is structurally unsafe,or b.Constitutes a hazard to safety or health by reason of inadequate mainte nance or dilapidation,or c.Is capable of causing electrical shocks to persons likely to come in con tact with it: (10)Any sign or sign structure which: a.Obstructs the view of,may be con fused with or purports to be an official traffic sign,signal or device or any other official sign,or u ft wfth the 1/C and lime Iiinitati’’ns in.Stihseclioii 605O(12):an1 re limited siLE s ‘n _______ (TV &Staltelarity &readability) I )Sisns not perin:nt and or not clearly related to the permitted us:en the property where located,except for temporary political signs,as permitted and regulated by Section 1T66.070,and except for signs permitted 0 0 b.Creates an unsafe distraction for motor vehicle operators,or c.Obstructs the view of motor vehicle operators entering a public roadway from any parking area,service drive,private driveway,alley or other thoroughfare; (II)Any sign which obstructs free ingress to or egress from a required door, window,fire escape or other required exit way; (12)Roof signs.except as specifically p+ii1teMw-Setiisti 17.66.1 10:(CD/CS) ncmt&llv — Section 1766.170 Community I ______ ÔJX 1(‘\UI ____________ llwioers.or b.Nnn—i1iiniiiated op Ji. ted ‘i privale‘fly owner’s eonsM.,and Exhibit A November 3,2010 Page 13 of35 under the provisions of Section 17.66.1 30.(Staff:clarity &readability) (15)Except as provided in Subsection 17.66.050(8),any sign having direct illumination,including but not limited to visible neon tubing.(Ord.17 02 1(Pafl), 2002)(Staff:clarity &readability) square feet per face,and shall not exceed twelve (12)feet in height.No riders or attachments to such signs shall be permitted.For residential development] consisting of five (5)dwelling units or less,the maximum area permitted for a construction sign shall be three (3)square feet per face for each dwelling unit being 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 (10)days following the election to which they pertain unless the sign conveys some other or further ideological message or has some othcr or further ideological significance.Election signs shall be restricted to a maximum size of four (1)square feet in an IsluHuu’uIsuWL a maximum size of one hundred fifty (150)square feet in all other districts.(Ord.H 76 2(part),1976; Ord.21 82 l(M),1982;Ord.17 02 I(pan).2002)(Staff:content neutrality) 0 0 constructed.(TF) Ui Siins with commercial content pertinent or clearly related to b.Construction signs shall be dis principal permitted use onthe property where played only on the property to which the located.(Stall:clarity &readability)sign pertains.One (I)such sign shall be permitted for each street upon which the 17.66.070 Temporary signs.property either has frontage or has an entrance from a major thoroughfare;pro Temporary signs in all zoning districts shall vided that the minimum distance between be subject to the following specific require-signs on any single development shall be ments:one thousand (1,000)feet. (I)The size of temporary jjs II fig c.In case of a subdivision,construe- limited maximum allowed herein tion signs shall not be displayed prior to for permanent jgns in the respective zoniniz the date of official filing recordation of districts,unless a laruer size is expressly the final subdivision plat.(CD/CS) provided for hereunder.(Staff:clarity & readability)d.In other cases,such signs may be displayed for the duration of constructionjjTemporaryrealestatejgnsnolarueruntilissuanceofacertificateofoccu than nine {9 square pg Ike Eall .P pancy. exempt from iix permit fbr a period of g Lb YflL All jjgr temporary gj1s igfl fig (2)Election signs.Those signs concerning allowed (br a period of ninety £221 -ssues and candidates in forthcoming without a permit.Temporary jgns intended to be displayed for a period Ionizer than ninety jffl are required obtain permit,and shall identify the Ionizer time period on the permit.(TF) f.j Temporary (Staff:internal consistency)Construction signs.Signs advertising subdivision,development, construction or other improvements of a property shall be permitted in any zoning district and shall comply with the following: a.Such signs shall be limited to free standing,wall or window signs,shall not exceed thirty six (36)square feet in total area nor eighteen (18)two (2)(TE) Exhibit A November 3,2010 Page 14 of35 Temporary banners.See Sections 17.66.180.17.66.190.and 17.66.200.{fl’& CD/CS) 17.66.080 Computation of sign area. The area of a sign shall be measured with the following regulations: (I)In computing the area of a sign, standard mathematical formulas for common regular geometric shapes,or combinations thereof,shall be used. (2)In the case of an irregularly shaped sign or a sign with letters and/or symbols directly affixed to or painted on the wall of a building,the area of the sign shall be the entire area within a single continuous perimeter of not more than e4ghI.4%}-twelve fill (TF)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 £ie Figure ]fl (3)That portion of the sign structure which is visible and viewed in the same plane as the sign face,and which either:a) exceeds fifty percent (50%)of the sign face, or b)is made an integral part or background of the display shall be included in computing the total sign area fe FiLure jfl (4)Where a sign has two (2)or more display faces and is not a double-faced sign, the area of all faces shall be included in determining sign area. (5)The total surface area of multiple-unit signs shall include the vertical and horizontal spacing between the letters which comprise the word or words that convey the sign’s message (e Figure L1) 0 C Fri j fl,..naofffi..nun ] .tstmIun.bouldn.tb.—-. monfr,.nsElimnth. —gm ‘th.sign p.nnWs Any an.in ..cm .mounl f.vosreed.. Mg—.. (Figure 12 Example sign structure included in calculating sign area) 4’1 4gt (Fft’ure 11 Irregular shaped sign)tj L!sI (Figure 13 Example multiple unit sign,) Exhibit A November3,2010 Page 15 of35 (6)Where three-dimensional figures are used as signs,the area shall be the total area, as projected on a vertical plane,of each side of the figure which is visible by the public beyond the boundaries of the lot upon which the figure is located.For purposes of this regulation,a figure shall be considered to have not less than one (1)nor more than four (4)sides.fe Fk’ure Jj This shall be the method used to calculate the urea of “outdoor displays of merchandise to attract business” and other three dimensional figures or displays that arc to be considered in the total allowable signage calculations.(TF:see deleted outdoor display language) 17.66.090 Ceneral regulations. Aiign allowed herein jgy contain,in lieu &f mix nthr message ai:copy.lawful,non commercial message,so jgjjg as the jgn complies with the number,illumination. height.gc and other reguirements.Signs containing non-commercial content are subject this jg code in the same manner as js that have commercial content including,without limitation,permitting,size and location regulations.(Staff:content neutrality) fb)fJJ Signs at street intersections shall be located in conformance with Appendix Section IV.Intersection and Driveway Visibility of the Estes Valley Development £&(Staff:internal consistency)j Illumination.Illuminated signs shall be subject to the following conditions: I)Any light used for the illumination of a sign shall be shielded so that the bciuns or rays of light will not shine directly beyond the lot upon which the sign is locatcd.(TF & CD/CS) (23—a.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. 0 0 (a)Sigr comer lots,no sign or sign structure between a height of two and one half (2.5)feet and ten (10)feet above the street elevation (other than a pole twelve [12]square inches or less in cross sectional area)shall be erected within the following described area:the interior triangle formed by the right of way lines at such corner lots and a straight line joining the right of way lines at points which are thirty (30)feet from the intersection of the right of way lines.This regulation shall apply to all signs ccept waN signs.(Staff: internal consistency)(Figure 14 Example three dimensional sign) (7)Building frontage used as the basis of determining permitted sign area for one (I) use shall not be used again as the basis for determining the permitted sign area for a different use.Nothing in this Subsection shall be construed to prohibit the additional building or use from erecting a sign which would otherwise be authorized by the provi sions of this Chapter. (8)All riders or attachments to signs or sign structures (whether temporary or perma nent)shall be included as part of the total sign area for the sign to which they are attached.(Ord.11-76 §2(part),1976;Ord. 21-82 §1(K),1982;Ord.17-02 §l(part), 2002) Exhibit A November 3,2010 Page 16 of 35 93bJrhe]jgfroman illuminatedjgshallnotbeofanintensityor brightness that will create a negative impact on adjacent uses in direct line- of-sight to the jgn (I g Electronic reader boards located within the CD-Downtown Commercial zoning district shall he restricted to a static image that changes no more than once any twenty-four (2J hour period.Electronic reader boards located in the all other commercial districts shall be restricted toastatic image that changes no more than once every twenty minutes.3I) C 0 intermittent turning on-and-off of illuminating device is prohibited.Time/weather informational jgs and official warning and regulato jgns erected the Town are jrnt from this regulation.(TF &C’DUS) i.Signs in commercial and restricted industrial zoning districts may be indirectly directly (TF) or internally illuminated. €€4—Qj Signs on fences and freestanding walls. Signs displayed upon fences or upon freestand ing walls shall be erected or mounted in a plane parallel to the fence or wall,and shall not extend above the top of the fence or wall nor project more than twelve (12)inches from the face of the fence or wall.Such signs shall be subject to all regulations of this Chapter applicable to free standing signs,including but not limited to maximum area per sign,maximum sign height, minimum setback from property lines and num ber of signs permitted per lot or per premises. (43 ,4j Window signs.The area of all window signs in excess of twenty-five percent (25%)of the total window area at ground floor level on the side of the building or business unit upon which such signs are displayed shall be included in the total allowable sign area for the premiseseFigurej.All illuminated window signs shall be included in the total allowable sign area fur the premises. I c.External light sources shall be directed and shielded to limit direct illumination of any object other thanflwn.(ffl d.In no case,with all lighting components energized,shall Ihe lighting intensity of any jgfl.whether resulting from internal or external illumination,exceed ten (WI fc2t candles when measured with a standard [gjjt meter held at a distance et ft the siun face. (CD ‘CS) e.Signs shall not have exposed incandescent lamps exceeding Fifteen WI watts.Skins shaH not e exposed neon or fluorescent lamps exceeding 400 lumens ncr foot.GiLl I’.Maximum brightness levels for electronic reader boards shall not exceed 4.000 nits when measured from the signs face at its maximum brightness during daylight hours and 400 nits when measured from the sign’s face at its maximum brightness between dusk and dawn.LID (Figure 15 Example of allowable sig; h.No illumination shall he anything other than a steady,continuous burning bulb or lights. Flashing.blinking,oscillating,rotating or fe3-{j Signs which identify lands which have been subdivided in accordance with the Estes Valley Development Code shall be subject to the following regulations: (-4 g The sign may be located within public street right-of-way where such sign Exhibit A November 3,2010 Page 17 of35 is approved as an integral feature of the street construction plans at the time of final plat approval.Otherwise,the sign shall be located a minimum of ten (10) feet from the street right-of-way line. 421 h.Such signs shall conform sign requirements relating to distances at intersections under provisions of this Chapter. c.The maximum size for a subdivision identification sign shall be thirty-six (36)square feet (or eighteen [18)feet per face). (4)d.The signs shall only contain the name of the subdivision and not a pictorial representation of the subdivision. (Ord.11-76 §2(part),1976;Ord.25-76 §ç2,6,1976;Ord.17-80 §2,1980;Ord. 21-82 §10)and (J),1982;Ord.15-97, 1997;Ord.17-02 §l(pan),2002) 17.66.100 District sign regulations. (a)Use districts (zoning districts).The use districts,as set forth in this Title and amend ments hereto,shall apply to this Chapter.The boundaries of these districts shall be determined by reference to the zoning map of the Estes Valley,to this title and amendments hereto and to sections on interpretation of such maps as may be contained in this Title and amendments hereto. permitted,”“maximum sign area permitted per lot or business (Stall:clarity &internal consistency),”“maximum area per sign face,” “maximum number of signs permitted”and “maximum height of freestanding signs”regula tions for the various zoning districts is adopted. (d)Total allowable sign area.The total area of all signs on a lot,or,in the case of a permitted use or uses occupying two (2)or more adjacent lots,the total area of all signs on all such adjacent lots shall not exceed one and one-half (1.5)square feet per lineal foot of building frontage at ground level,and three-quarters (0.75)square foot per lineal foot of second story building frontage.In no event,however,shall the cumulative total allowable sign area exceed one hundred lilly (150)two hundred flQ)(TF) square feet per business. (b)Establishment of district regulations.The type of signs permitted and the regulation of the number,placement,area and use of signs is established.No sign shall be erected except as provided in this Chapter and in the district in which it is permitted,nor shall any sign be used for any purpose or in any manner except as allowed by the regulations for the district in which such sign is proposed or maintained. (c)Schedule of requirements.The following schedule of “cIaz oF sign permittcd”.(Staff: clarity &internal consistency)“type of sign 0 0 to the site the Exhibit A November 3,20 10 Page 18of35 0 0 Schedule of Requirements 4er.II Nonresidential Zoning Districts (A,A4,CD,CO,CII,0,1-1) of Sign Maximum Sign Area Maximum Area Maximum No.Maximum Permitted Permitted Per Business Per Sign Face of Signs Height of Permitted Signs All permitted in A4P400bseetmn 450 200sf for Suspended:5 Freestanding:2 25 ft Subsection freestanding,except in sf per Lot 17.66.040(26),-o’ic-ept eep4,mO the Cl)district where the freestanding max.Time-temp:10 area shall he 151)sf sf IS sf for projecting 10sf for suspended (5 per face) 1.5 sf per If of frontage (-441)200 sf max.)for wall signs Temporary Temporary Temporary 12 ft Construction:36—sf Construction:Construction:I 4-832 sf per street Residential Multi-family (RM,R-2,JJ G4as4+Jeof Sign 4-p4444gn Maximum Sign Area Maximum Area Maximum No.Maximum Permitted Permitted Per Lot Per Sign Face of Signs 1-leight of Permitted Signs All permitted in M4-1n-S1Ibse0.m 75 sf for freestanding Suspended:5 Freestanding:I All siruis:25 Subsection sf per Lot ft 17.66.040(26),except 15 sf for projecting SItl34li1Si4}OS1ht4h +&b--‘I I—Vending machine IC sf for suspended thns.(5 per fhee) 1.5 sf per If of frontage for wall signs (max. ISO sf) For-oIl-Single-family Residential Zoning Districts (WI.R,E-I,E.RE,RE_1)* Sign 3-ype-oP&gn Maximum Sign Area Maximum Area Maximum No.Maximum Permitted Becmitled Permitted Per Lot Per Sign Face of Signs 1-leight of Permitted Signs All permitted in MI-rn-+h,i-4i All signs:2sr 2 pertmilding All signs:6 Subsection 4-744%’residence ft 17.66.040(26),except signs:9sf stdxliisions—It-frmnrs4 I -&g 4. Riul let in hoard signs. Joint Ident i flea t in sines,Vending machine *Fxeept 11waddress idenlihealion j’ns not exceeding 4gare feet and subdivision identilie:,Iion sienssiensinjn’le Family Residential districts sh:ill not he illuminated in1manner(Ord.11—76 §2 (part),1976;Ord.25-76 §3, 1976;Ord.8-81 §1,1981;Ord.15-97,1997;Ord.17-02 §l(part),2002) Exhibit A November 3,2010 Page 19 of35 17.66.110 Sign regulations in non-residential zones IA çfl,.fl,fi,JJj (Staff:clarity &internal consistency) The following regulations shall apply to all uses in non-residential zoning districts: (I)Total allowable sign area. a.The total area of all signs on any face of a building shall not exceed one and one-half (1.5)square feet per lineal foot of building frontage at ground level, and three-quarters (0.75)square foot per lineal foot of second-story building frontage. b.The maximum allowable total cumulative sign area for any one (I) business shall not exceed one hundrcd fifty (ISO)two-hundred (200)(TE)square feet,except in the CD district where the freestandinu maximum area shall be ISO square feet.(TF) (2)Signs or uses with multiple frontage. The total area of all signs on any face of a building shall not exceed one and one-half (1.5)square feet per lineal foot of building frontage at ground level,and three-quarters (0.75)square foot per lineal foot of second- story building frontage. (3)Freestanding signs: a.Maximum height:+Iwenty-five (25)feet. b.Minimum setback:eEight (8)feet from any property line,four (4)feet from any building. c.Number:One (I)freestanding sign per street frontage or buildin2 frontage, (Staff:clarity &internal consistency)not to exceed two (2)per lot. d.Maximum area:No freestanding sign shall be larger than one hundred fifty (150)square feet. e.The combined total of all freestanding signs on an individual property or single lot shall not exceed one-hundred-fifty (150)square feet. (4)Signs on canopies,awnings and architectural projections. a.Maximum area:The total area of such signs shall not exceed thirty percent (30%)of the width of the projection multiplied by the vertical height of the projection. b.Projection: 1.The face of any such sign shall not project above or below the face of the canopy,awning or architectural projection fe Fit’ures I Jfl Signs may project horizontally beyond the face of a canopy or architectural projection the distance necessary to accommodate the thickness of the letters,but no more than twelve (12) inches. 0 0 A.-.tcflmUmg Pr.J.dJoa (Figure 16 Example of conforming projection)(CD/CS) Exhibit A November 3,2010 Page 20 of35 2.Signs displayed on architectural projections which extend fifteen (15) inches or less from the face of a build ing may be considered wall signs,and are subject to those provisions. (5)Projecting signs: a.Minimum setback:four (4)feet from street property line in the Commercial Downtown (CD)Zoning District,or eight (8)feet from property lines in all other zoning districts,and no closer to a sideline of the building or storefront than to the centerline of the same building or storefront. b.Minimum clearance:Nine (9)feet from the ground to the bottom edge of the sign. c.Maximum height:Eighteen (18) feet. d.Maximum size:Fifteen (15)square feet per sign face. e.Maximum projection:Four (4) feet. f.Maximum number:One (I)Two £2i per building hee frontage or per business storefront.(TF) (6)Suspended signs: a.Minimum clearance:Nine (9)feet from the ground to the bottom edge of the sign. b.Maximum area:Five (5)square feet per face,ten (10)square feet total surface area. c.Minimum horizontal separation: Fifteen (15)feet between suspended signs. d.Projection;Shall not project beyond the outside limits of the arcade,canopy or marquee to which they are attached except as y be approved through the Creative jg Program (Section 17.66.210)fre Figures 18 and ] (CD/CS) (7)Wall signs: a.Maximum area:The totaL area of all wall signs on any face of a building shall not exceed one and one-half (1.5) square feet per lineal foot of building frontage at ground level,and three- 0 0 — (Figure 17 Example non-conforming projection) (CD/CS) (Figure 18 Example ofnon-conformmg suspended sign) (Figure 19 Example co1forming suspended sign) Exhibit A November 3,2010 Page 21 of35 c.Maximum projection: 1.A wall sign may project above the roofline or parapet wall of a build ing no more than twenty-four (24) inches. that jgn area shall be exempt from the total allowable calculation for that business.(IF) (9)Area of time-temperature-date signs: Signs which do not exceed ten (10)square feet per face shall not be included in the allowable sign area;provided,however,that any identification or advertising attached to or incorporated in such signs shall included in the total allowable sign area. be 2.Wall signs may extend a maxi mum of twelve (12)inches from the face of the building. 3.Any sign erected upon the side of a roof having an angle of forty-five degrees (45°)or less from vertical shall be considered a wall sign,and shall be subject to the size and height limitations noted under this Subsection. d.Maximum number:One (I)Two 12)wall sign.for each face of a business.e building storefront frontage.(TF) (Staff:clarity &internal consistency) (8)Joint identification signs: a.Type:May be freestanding, projecting or wall. b.Number:Where a freestanding joint identification sign is used,there shall be no other freestanding signs permitted on the premises. c.Size:In the CD-Downtown Commercial zoning district,where individual jgn panels that are of a jQijjt identification jgn are not larger than two £2)square feet p face then that area shall be exempt from the total allowable calculation for that business.In all other commercial zoning districts. where individual jg panels that are fl of ajpit identification jgn are not larger than jgt {,)square feet face then more than twenty percent (2O)of the total allowable sign area for any permitted use shall be devoted to the advertising of any standard brand name commodities or commodity or seR’iee bcing sold or rendered on the premises,or area not a part of the -C -- and shall require a permit to be issued prior to display.Measurement of the display area shall be as provided lbr in Subsection 17.66.080(6)of this Code.The display urea mitrd h’nriIi:inn in the tnt9l allowable signagc.The location of the outdoor display shall conform to Section 7.13 of the Estes Valley Development Code.G4 i..displa ,J’ibited 4w Commercial Doiito’(CD), District.(Ord.l7 02 I(pan).2002 (TE) -e-g 17.66.120 jg regulations in Multi-family residential zones (RM.R-2 and &1)(Staff: clarity &internal consistency) LU Total aHowaNejg!1 area. a.The maximum allowable total cumulative jg area one LU multi-family residential lot shall not exceed seventy fiveU)square feet. b.l-lome occupation jgs shall not exceed fbiir j4)square feet in cumulative area. — 0 quarters (0.75)square foot per lineal foot of second-story building frontage. b.Maximum height:Twenty-five (25)feet above the ground. 0 (10)Standard brand name signs.Not ser.’ices which are not the principal name of the business concern involved. (Staff:content neutrality) (II)“Outdoor din lay of mcrchandbc to Exhibit A November 3,2010 Page 22 of35 0 0 (Freestanding signs:U)Freestanding signs: a.Maximum height:Twenty-five a.Maximum height:Six(fet. b.Minimum setback: b.Minimum setback:j’flt ()feet fromjxpropertvHne. from gx property Hne.four (41 £c21 ftcrn any building.c.Maximum Number:One U) freestanding jgnploL c.Number:One U)freestanding jç street frontage or building frontage.17.66.4341 140 Structural requirements. not to exceed hNo(plot. (a)Construction. (fl Wall signs: (1)General.Signs and sign structures a.Maximum area:The total area of shall be securely built,constructed and all wall jgs on any face of a building erected in conformance with the require- shall not exceed one and one-half (UI ments of the Building Code. square feet lineal foot of building frontage at uround level,and three-(2)Location.Supports for signs or sign quarters (0.75)square foot p lineal foot structures shall not be placed in or upon pub- of second building frontaae.lic rights-of-way or public easements. b.Maximum height:Twenty-five (3)Anchorage.Anchors and supports()fiet above the ground on multi-shall be guarded and protected when near family lots,driveways,parking lots or similar locations where they could be damaged by moving (4,)Joint identification signs:vehicles.Signs attached to masonry,con crete or steel shall be safely and securely fas a.Type:be freestanding.tened thereto by means of metal anchors, proiecting gffi bolts or approved expansion screws of suffi cient size and anchorage to support safely the b.Number:Where a freestanding loads applied.No anchor or support of any 211t identification j,gnjstlwresligll sign,except flat wall signs,shall be con- be no other freestanding jfls permitted nected to or supported by an unbraced para on the premises.pet wall. 17.66.130 jg regulations in all Single (b)Clearance.Signs shall not be located Family residential zones (R-1,L with less than six (6)feet horizontal clearance, RE-I).(Staff:clarity &internal consistency)or twelve (12)feet vertical clearance from over head electric conductors which are energized in (U 121n1 allowable jg !LL excess of seven hundred fifty (750)volts. L Ib maximum allowable 121111 (c)Freestanding signs.Where such signs cumulative jgfl rc .&t 11111 211Q U)are located in vehicular parking and circulation single-family residential 121 Egil 1121 areas,a base or barrier of concrete,steel or other exceed nthe(square fL effective barrier,not less than thirty (30)inches high,shall be provided to protect the base of the k.Home occupation jgns thilll 1121 sign from possible damage by vehicles.Where exceed four (4,)square fçgj jg cumulative any freestanding sign has a clearance of less than nine (9)feet from the ground,there shall be Exhibit A November 3,2010 Page 23 of35 provided a barrier or other adequate protection to prevent hazard to pedestrians and motorists. (d)Electric signs.Electric signs shall be constructed and installed in accordance with the provisions of the National Electrical Code. (Ord.11-76 §2 (part),1976;Ord.21-82 §1(N), 1982;Ord.15-97,1997;Ord.17-02 §l(part), 2002) 17.66.444)liii Nonconforming signs. faA nonconforming sign may be continued but it shall not be: (I)Changed to another nonconforming sign. (2)Structurally altered. (3)Altered so as to increase the degree of nonconformity of the sign. (4)Enlarged or expanded. (5)Continued in use after cessation or change of the business or activity to which the sign pertains. (6)Repaired after the sign is damaged or destroyed if the estimated cost of repair or reconstruction exceeds fifty percent (50%)of the appraised replacement cost (as deter mined by the building inspector). (7)Altered to change the text thereof, except such signs,which have been designed specifically to permit changes of the text. used after two (2) years from the sale of the real property upon which thc sign is located,but in no event. morc than six (6)years.six (6)months from thc date the sign become nonconforming.(TE &Staff) (9)Continued to be used after two (2) years from the sale of the business which the sign advertises,but in no event more than six (6)yearn,six (6)months from the date the sign became nonconforming.Sale of 11w bw;iness shall include,but not bc limited to, the sale of substantially aN of the assets of a business.(TF &Staft) (b)A nonconforming sign shall be brought into confoanec or removed within thirty (30) days of the occurrence of any of the events set forth in Subsection (a)above.(TF &Staff)(Ord. 11-76 §2(part),1976;Ord.19-80 §1,1980;Ord. 9-81 §1.1981;Ord.15-97,1997;Ord.17-02 §1(part),2002) 17.66.144)160 Permits. fu)Sign permit required: (1)Except as provided in Section 17.66.050,it is unlawful to display,erect, relocate or alter any sign without first filing with the building inspector an application in writing and obtaining a sign permit.This requirement fbra permit applies mjgps with commercial content and to jgs without commercial content.(SIaff clarity)When a sign permit has been issued by the building inspector,it is unlawful to change,modil&, alter or otherwise deviate from the terms or conditions of the permit without prior approval of the building inspector.A written record of such approval shall be entered upon the original permit application and main tained in the files of the building inspector. (2)Application for permit.The 0 0 application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located,or his or her authorized agent.Such applications shall be made in writing on forms furnished by the building inspector and shall be signed by the applicant.The building inspector shall, within seven (7)working days of the date of the application,either approve or deny the application or refer the application back to the applicant in any instance where insuffi cient information has been furnished. (3)Revocation of permits.If the building inspector finds that work under any permit issued is not in accordance with the information supplied in the permit applica Exhibit A November 3,2010 Page 24 of35 lion and/or is in violation of this Chapter or any other pertinent ordinance of the Town,or should he or she find that there has been any misrepresentation in connection with the application for the permit,he or she shall noti&the sign owner or erector of such findings and that the violations must be corrected without delay.If such correction is not made forthwith,the building inspector shall revoke the permit and serve written notice thereof upon the sign owner or erector. No person shall proceed with any part of such work after such notice is received.The owner shall have I lie right to appca the decision of the building inspector in the maner provided for in Section 17.66.160. (Staff:internal consistency) (4)Revocation of permits for nonuse. a.If actual work either on site or off site is not commenced under any permit issued within sixty (60)days from the date of such permit,and/or if substantial building operations under any permit issued under this Chapter are suspended for a period of sixty (60)consecutive days,the permit shall automatically become null and void. b.The building inspector may grant an extension of time in which to start or resume operations.All requests for extension and approval thereof shall be in writing. (5)Forfeiture of fees.When any permit has been revoked under the terms of this Sec tion,permit fees shall not be refunded. (6)Plans,specifications and other data required.The application for a sign permit shall be accompanied by the following plans and other information: a.The name,address and telephone number of the owner or person entitled to possession of the sign and of the sign con tractor or erector; 0 C b.The location,by street address or other location identification acceptable to the building inspector,of the proposed sign structure; c.Complete information as required on an application form provided by the building inspector,including a site plan and elevation drawings of the proposed sign,caption of the proposed sign,type of proposed illumination and such other data as is pertinent to the application; d.Plans indicating the scope and structural details of the work to be done, including details of all connections,guy lines,supports and footings and materials to be used; e.Application for an electrical permit, and required information for such applica tion,for all electric signs; f.A statement of valuation. (7)Permit fees.A permit fee. applicable.(CD/CS)shall be paid to the building inspector for each sign permit issued under this Chapter:provided,however,that a lee slip!I not he charQed For puttingasign in con formance with this Chapter ‘,vhen 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.Thcr permit fee shall be seventy five dollars (575.00).Said fee does not include electrical permit ices. which shall be in addition to the permit ICe specified in this Section.A schedule of fees shall be adopted from thne to fime by the Town Board.(Staff&CD/CS) (8)Inspections.All signs shall be sub ject to inspection by the building inspector. Footing inspections may be required on the day of excavation for all freestanding signs. The building inspector may,within forty- eight (48)hours after being notified that the sign is ready for inspection,also require inspection of electrical signs before erection. The permit holder or his or her agent shall Exhibit A November 3,2010 Page 25 of35 (a)Intent.It is the intent of this Chapter to provide a means of review and approval of special exceptions to the provisions of this Chapter.whereby specified deviations from the general sign regulations may be aflov.od. provided that the proposed size,Ioeatin and design of such sign:are compatible with their surroundings and consistent with the general intent of this Chapter. (b)Scope signs requiring special exceptions.The provisions of this Section shall apply to the following exceptions: ‘I’rn...,L.....:._...__...IL.......LI.. nforfrcc;twidingidcnfiflcaflon signs of a low profile,planter type design, when such signs are located in commercial and restricted industrial zoning districts .,4 are designed to complement the architectural type of the building to which they arc appuflenant; and when such signs contain no copy nlhrr thnn tho nnmr nngl!nr lrent r’1.1- of the use being identified and/or a logo type symbol or trademark; necessary copy and standard changeable letter sizes clearly necessitate such an exception; (3)To pennit the erection of collective identification or directory signs showing the nes and locations of various civic or religious organizations in the cornmuni when such signs are not located on (lie pmrnises of the uses being (c)Application.Applicati approval of a sign pcrmined as a special cxception shall be filed in accordance with this Section.Each application shall be accompanied by on application fee of one hundred fifty dollars (5150.00)to cover the costs of processing and publication.Said fee shall be in addition to the sign permit Ccc required in Section 17.66110. (flThe Estes Val’v Commission shaH hw.e jurisdiction to hear all applications for special exceptions.No special exception shall be grunted unless the proposed sign and!or sign structure meets each and every one of the following requirements: be contrary to the intent of this Chapter,as declared in Section 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 applicablc provisions of this Chapter,unless any such provisions arc expressly permitted to be varied by the special exception procedure: d.The proposed sign is reasonably necessary mid the degree of the exception is the minimum necessary to accomplish the purpose of the sign itsell and e.The proposed sign will not result in Exhibit A November 3.2010 0 notify the building inspector when signs are complete and ready for final inspection. (Ord.11-76 §2(part),1976;Ord.25-76 §5, 1976;Ord.15-97,1997;Ord.17-02 §l(part), 2002) 17.66.150 Special exceptions.(TF:the new Creative Sign Program supplants all prior provisions for flexibility and exceptions) 0 (1)To pennit the erection of kiosks or similar structures and the display thereon of signs,posters.notices,etc.,when such structures are located within primarily pedestrian oriented circulation areas. Such structures shall be pcnnitted only in commercial and restricted industrial zoning districts,or within planned unit developments. -fep The proposed sign will 17.66.020; (2)To the maximum sign ama poit ted on theater marquees in cases where namcd,but are placed adjacent to major thoroughfares near entrances to the Town; Page 26 of35 upon neighboring propeftioc.or the health,saf2ty and general welfare of the public. (2)After hearing the application,the Estes ‘/alley Planning Commission shall make its findings,which shall be recorded in the oflicial minutes of the meeting. either: (ç)Standards for Review.The Community Development and Special Events Departments shall review the application for compliance with the standards below ñQr to permit issuance: 17.66.170 Community Special Events Signs and Stanley Park Special Events Siuns (Stall and CD/CS) (2j Any organization holding a Town aporoved community special event at the Stanley Park Fairgrounds submit u application for temporary on-sue and temporary off-premise siunage for that event. (j Application for permit.The applicant shall submit a Master Special Event Sien Plan aspoftheapplicationforaspecialeventpermit. Upon approval of a Master Special Event Sign. (J Design.Fluorescent colors and reflective surihces are prohibited on shins. Reflective colored materials that gjye the appearance of chanaine color are also prohibited.A matte or flat finish is required for all surfaces. 0 0 Plan.the permit shall be valid for subsequent re use for an unlimited period of time provided there are no significant changes to the gn copy. location,and extent of the approved signs. a.Granting the proposed application in whole or in part,with or without modifications or conditions:or b.Denying I I 76 (Ord fl_A I O7 CI ifi Zoning Restrictions.Special event are allowed within all zoning districts. the application.(Ord. 1176 §2(pan).1976; 1987;Ord.15 97.997; Ord.17 02 ltpart).2002) (The purpose of this section is to provide for adequate signnge for community special events where the prima purpose of the event is to raise funds for local charitable purposes,or to provide for adequate signage for Town sponsored Special Events.Both of these event categories are characterized by their jg scIe production.laree attendance and by their prominence as re-occurring annual events of community wide interest. LU Non-profli associations or organizations may submit an application for temporary on-site and temporary off-premise signage for a community special event where the primary purpose of the event is to raise funds for local charitable purposes. (:3)Illumination.Illumination of temporary special event jgnsk prohibited. (41 Banners.Banners must comply with Chapter 17.88 Town Sponsored Special Events Temporary Banners. (5jTemporary Off-Premise Signs. a.Any individual business may publicly display special event posters in the window of that business without a jgn permit,provided individual posters do not exceed ‘t square feet in ze. Special Event posters,including off-site posters.that do not exceed two (.square feet hi size are exempt from any regulation,and be freely displayed without nr!Town approval.The jgg shall be displayed no more than six (j weeks prIm the special event and shall be removed no ter than three (21 xti after the event. b.Staff may approve four (4) additional ofT-premise j,gns p banners not to exceed thirty-six (1 square feet each tt finding that the shins contribute to the overall festival atmosphere or theme of the event and that commercial advertising message is Exhibit A November 3,20 10 Page 27 of35 subordinate to the event message.The sign(s)shall be displayed no more than six f weeks j,pr to the special event and shall be removed no later than threejjdavttheevent. 17.66.180 Town Sponsored Special Events (TSE)Banners (Staff:clarity &internal consistency)( {)Definition,Town Sponsored Event Banners arc jj’nj consistinz of canvas,nylon, yjji’J hibric or other matcrial of similar physical churucteristics thnt bear text and/or graphics intended to identify Town Sponsored Events. fifi Locations of TSE Banners.Banners may be placed at the following designated locations within the Town,pursuant to the provisions of Section 17.66.050 of this Code: (I)One the east side of the Visitor Cnbin At a designated location in Bond Park,four (4)feet by eight (8)feet maximum. (2)In the right-of-way area west of the Highway 34 and 36 intersection,thirty (3) feet by three (3)feet maximum. (3)On a freestanding display in front of the Convention and Visitor Center building along Highway 34,four (4)feet by eight (8) feet maximum.(Ord.6-97 §I,1997;Ord.17- 02 §I,2002;Ord.9-07 §1,2007) (c)Specifications.Specifications relating to the size,length,construction,wording,lighting, installation,removal.Town indemnification and fastening shall be obtained from the Special Events Director.(Ord.6-97 §1,1997) (d)Application.Application to use no more than two (2)of the locations at any time must be submitted to the Special Events Director at least thirty (30)days prior to the proposed event. (Ord.6-97 §1,1997) (e)Type of event.Only events that are sponsored by the Town or approved by the Town shall be eligible to place banners at two (2)of the three (3)locations at any one (I)time. (Ord.6-97 §1,1997) (0 Number of locations.The Chamber of Commerce Convention and Visitor Center building location listed at Subsection 17.66.l80.h(3)above shall be terminated when the site listed at Subsection 17.66.l80.b(2)is available for a maximum of two (2)designated banner locations.(Ord.6.97,1997) L1 Temporary Banner Removal.Banners shall be removed by the applicant within twenty four{24)hours of the expiration of the permit. j!fl Code Violation.Aiii temporary banner installed without a permit or displayed after permit expiration kin violation of the Municipal Code and is subiect to a municipal citation court fees for each and every the violation exists.If a person,property owner,or business owner erects jy.banner without receiving a permit as herein provided,or if a permit holder Ihilsto remove a banner within twentv-four4) hours of expiration of the permit,iiix shall be ineligible to receive a tempora banner permit for a period of twelve 1121 months from the date of violation.A valid gy of the permit shall be on site at aM times the banner is displayed. jfl Temporary Banner Maintenance.All temporary banners shall be maintained in 22 conditions.including IIann supports.The Chief Building Official or designee may inspect and have authority to order the painting,repair. or removal of a banner that constitutes a hazard to public health,safety,or welfare reason of inadequate maintenance,dilapidation,or obsolescence. 17.66.190 Temporary Banners Commercial Use (TE &CD/CS) 0 0 fjTempom On-Premise Signs. a.Limit on Cumulative Sj,gji Area.A maximum of one hundred and fifty 119J square feet of total cumulative jgn banner area is allowed. (a)Temporary banner permit required. Permits shall be issued through the Community Exhibit A November 3,2010 Page 28 of35 (Number of Permits Granted.A single entity rn apply for to four temporary banner permits in a calendar year.No sinele entity may hold more than one active temporary banner permit at a time on the same site.except as provided for in Section #17.66.170. (j Number.Sue and Shape.A Tempora Banner Permit allows the use of’one JJ temporary banner pj or business.In all zoning districts except CD-Coin mercia I Downtown Temporary banners shall not exceed thirty-two {3 square feet in area on any single side or sixty-four {,4J square feet in cumulative area,and shall not exceed six (J feet in vertical dimension.In the CD-Commercial Downtown zoning district this code allows one [fl bannerptwithamaximumallowableeof eiuhteen (JjI square feet.All banners shall be rectangular in shape and shall be securely fastened at all four corners at all times.Issuance of permits for temporary banners shall be exempt from the cumulative jgn area calculations and limitations found in section (fi Temporary Banner Removal.Banners shall be removed by the applicant within twenty fbur £24.)hours of the expiration of the permit. (g.)Code Violation.Aa tempomn banner installed without a permit or displayed after permit expiration is in violation of the Municipal Code and is suhiect to a municipal citation pj court fees for each and every day the violation exists.If a person.property owner,or business owner erects any banner without receiving a permit as herein provided,or if a permit holder fails to remove a banner within twenty-four 1242 hours of expiration of the permit.fl shall be incligible to receive a temporary banner permit for a period of twelve L(2lmonths from the date of violation.A valid £211X of the permit shall be on site at all times the banner is displayed. (h)Temporarv Banner Maintenance.All temporary banners shall be maintained in g conditions,including aH and supports.The Chief Building Official or designee may inspect and have authority to order the paintinu.repair. or removal of a banner that constitutes a hazard to public health.safety,or welfare by reason of inadequate maintenance,dilapidation,or obsolescence. çg.)Purpose.The followine reculations are intended to provide fbr adequate temporary signage of temporary or periodic Non-profit fundraising events of a small scale.This jg category (Temporary Banners Non-profit fundraising)and associated regulations found in this chapter (I 7.TDB)expressly excludes Town Sponsored Event Banners as provided for in Chapter 17.88, IM Temporary banner permit required. Permits shall be issued through the Community Development Director within seven fl calendar days MPQII receipt of a complete application. 0 Development Director within seven (,fl calendar thn MQ2II receipt of a complete application. provided Staff finds the application to be in compliance with all applicable municipal regulations. 0 17.66.110. (,j Time Displayed.Except as provided for in Section #17.66.170.A temporary banner permit allows the display of one LU temporary banner for a maximum of fourteen SJ,41 consecutive 4y&A maximum of’two consecutive permits are allowed pci ygg.A third and fourth permit may be issued after a pgofastjfflflyjfflcalendar days. (j Location.Banners must be affixed flush to the wall of a principal building or on the supporting structure of an already permitted permanent free standing jgn.j a maximum height of twenty £29.)feet above existing grade as measured to the highest int of the temporary banner, 17.66.200 Temporary Banners Non-profit Fundraisinu (CD/CS) Exhibit A November 3,2010 Page 29 of35 provided Staff finds the application to be in compliance with all applicable municipal regulations. to public health,safety,or welfare k reason of inadequate maintenance,dilapidation or obsolescence. c1 Number Permits Granted.Local profit organizations conducting weekly or monthly fund-raising events on property that either own or lease for their principal operations are allowed to display two banners during the ftind-raising event and two days wii to the event.No single entity m hold more than one active temporary banner permit at a time on the same site.except as provided for in Section 17.66.170. fjj Location.The banners t be located at least jgjjt ffj feet inside the nearest property Due and ih must be secured on all comers against wind movement. jçj Number.Size and Shape.A maximum of two {fl banners may be displayed during the fund raising event.The banners mflx not exceed sixteen fJ square feet in size individually or thirty-two {.2.j square feet in size cutnulativelv. ffl Code Violation.Any temporary banner installed without a permit or displayed after nennit expiration isin violation of the Municipal Code and is subiect to a municipal citation nth court fees for each and every day the violation exists.If a person.property owner,or business owner erects any banner without receiving a pennit as herein provided,or if a pennit holder fails to remove a banner within twenty-four {22 hours of expiration of the permit,Aba shall be ineligible to receive a temporary banner permit lbr a period of twelve LI2I months 1mm th im of violation.A valid çp afth permit shall union site at all timesthe banner is displayed. fifi Temporary Banner Maintenance.All temporary banners shrll be maintained in g condition,including all jfi and supports.The Chief Building Official or designee may inspect and have authority to order the painting,repair, or removal of a banner that constitutes a hazard 17.66.211)Creativcg Program.CE) The Creative jji Program provides for property owners and businesses to propose and the Town to consider limited deviations from the regulations for on-site and off-site permanent signs provided in this Chapter under certain circumstances where the applicant voluntarily chooses to submit to this review as an alternative to the use right”jgui provisions nonnallv applicable under this chapter.The intent of this process is:jJj encourage iguis ijjg]quality materials and workmanship:)to encourage sL’ns of unique design that exhibits a jjjgh degree of imagination,inventiveness:and fl to provide a process for the application of jgn regulations in ways ihat will allow creatively designed jgns that make a positive visual contribution to the overall image of the Town, while mitigating the impacts of j’e or unusually designed signs.Additionally,the Creative Program may provide for increased allowance to the maximum jgn permitted on theater marquees jgns identifying films or performances currently showing in cases where necessary çpy standard changeable letter sizes clearly necessitate such an exception. Ui Applicability.Any property owner or business owner in any zoning district is eligible to apply fora Creative $i211 permit. j)Method of Application.An application for a jgn permit under Creative Sign Program,shall be made on the fonn(s) prescribed by the Community Development Director.The application shall be accompanied ix required fees. 12.2 Review Procedures.At each level of review or appeal,the decision shall be rendered,in writing,within the time limits set forth herein.The time period begins running when the application is deemed 0 0 Exhibit A November 3,2010 Page 30 of35 2.Notwithstanding the time limits contained in this Section.the Community Development Director and the applicant may mutually agree to an extension of the time limits.Such extension shall be in writing and shall be fbr no more than ninety f22 calendar nx b.Completeness Review. L Upon receipt of a Creative $g Program application by the Town Community Development Director. the Department shall perform a completeness review and issue a written status determination within ten (jQ)calendar çy from date of submittal. 3.In the event the Community Development Director determines that the application does include the necessary information needed to review the proposal tbr consistency with this Chapter.the Community Appeals the applicant of the Final Decision of the Community Development Director or the CreativejgDesianReviewBoardshallbe heard by the Town Board of Trustees. Appeals must be received in writing within ten (10)calendar days of the date of denial by the Community Development Director or the Creative 5jg Design Review Board.The hearing of the appeal shall he !J14 within sixty jfiffi calendar days of receipt of a written application and related fee.Written appeals must specifically identify the design standards at issue as the reason for denial of the application. 0 complete.or the notice of appeal has beenffljwhicheverapplies. a.General. Notwithstanding any of the time limits contained in this Section.the Community Development Director and the Creative Jgq Design Review Board shall endeavor to render decisions ma timely manner. a Development Director shall set a date for the review noterthanj calendar days from the date of receipt a complete application thr the Final Review of the application. c.Final Review. A Creative Jmi permit application shall he subiect to review and approval by the Community Development Director where the cumulative area of the proposed sian(s)is flffi L.Q1 square feet or less,or shall be subiect to review and approval by the Creative jgn Design Review Board where the cumulative area of the proposed sign(s)is larger than fifty square feet. The burden is on the applicant to demonstrate substatitial compliance with the applicable Creative jgj Design Standards as set forth herein. The Community Development Director or the Creative Sign Design Review Board shall issue a written finding of approval or denial of the application within ten fjjfl calendargyoftheFinalReview. d.Appeals. 2.In die event the Community Development Director determines that the application does not include the necessary information needed to review the proposal (hr consistency ith this Chapter.the Community Development Director shall deem the application incomplete.If the application is incomplete,the applicant shall he notified in writing.The notification shall specify what information is missing. f4lCreative Design Standards a.Architectural Ci-iteria. Exhibit A November 3,20 10 Page 31 of35 d.Contextual Criteria.The shin(s) should contain at least one LU ci ilic following elements: 2.Be of unique design,and exhibit a jgh degree of imagination. inventiveness;and 3.Provide strong graphic character through the imaginative use of graphics,color,texture,quality materials,scale,proportion and fomE 4.Contribute to the image of the community conveying a distinctive character that conveys a strong sense of place. J.Illumination.To convey a subtle appearance,the use of back-lit or reverse- channel letters with halo illumination rather than internally-lit jgs are encouraged. g Multiple Signs.Where more than one jgt is proposed,all igiis should have designs that incorporate the following desin elements ma compatible and coordinated fashion. I.Leiterjyjg of copy; 2.Shape of total jgn and related components: lIypg of construction materials: I.Historic design 4.Lighting: 2.Positive and creative image reflecting current character of the business; 3.Inventive representation of the use,name,or products of the business. e.Design Qualm’.The sign(s)should: I.Constitute a substantial aesthetic improvement to the site and should 5.Method used for supporting jgn wall or around base). h.Neighborhood Impacts.The sign(s) should: I.Be located and designed not to create adverse impacts on neighboring uses. 2.Constitute a substantial aesthetic improvement to the site and should 0 have a positive visual impact on the surrounding i 0 I.The sign(s)should utilize or enhance the architectural elements of the building;and 2.The sign(s)should he placed in a logical location in relation to the overall composition of the building’s façade. 3,The sign(s)should be integrated within and not cover any isa architectural features and details of the building façade. 4.Wall jgjjs should be located on the upper portion of the first-floor storefront and should be centered within an area uninterrupted .kx doors, windows,or architectural details. b.Architectural Each jgn should be designed to be compatible with and relate to the architectural style of the main building or buildings MPfl the jie where such jgn is located. Color.The color(s)of a should be hannonious and complementary to the colors of the building on or near which it is to he located. Exhibit A November 3,2010 Page 32 of35 3.Provide strong graphic character throuch the imaginative use of eraphics.color,texture,quality materials,scale,and proportion. (1)Any agriev:d pen:nn Appeals.The owner of n who believes the alleged violation as contained in the a decision. ruling j order of the building inspector is factually or legally contrary to the provisions of this Chapter may appeal the same to the Estes Valley Creative jgn Design Review Board.The “Review Board”of Adjusimeni. hereinafter referred to as the Board”,”in a manner nrnvidrd by such Board.In the alternative,an aggrieved person may request that the Board grant a variance from the requirements of this Chapter.The filing of such request shall be in the manner provided by the Board. (2)Any aggrieved pcrson may also appeal to the Board any decision or ruling of the building inspector involving the interpretation of any provision or term of this (b)Procedure for filing appeal. a.Two local business owners..,an architect or other design professional,and two Town residents who may or may not have local business interests. b.Members shall serve staggered terms of three (years and shall be appointed by the Mayor and be confirmed by the Town Board. (el Variances.1-n request for The owner of any jgj jjy,request a 0 have positive visual impact on the surrounding area: 0 L Relationship to Buildings.Signs located a lot with one n building or several buildings should be designed to incorporate at least one of the predominant visual elements of’such building or buildings,such as the type of construction materials,color,or other design detail. L gz Materials.The g4l of jjfl design is to maintain attractive amid compatible styling so as not to conflict or distract from the architectural character of the area.The choice of materials and the workmanship in the use of the materials should convey both a sense of quality and creativity. j)Creative $jgj,Design Review Board. The Town Board of Trustees jl as needed from time to time,appoint five (j members to serve on the Creative jgj Design Review Board.The membership shall consist of the following: Chapter. (3)Any provision in this Section to the contrary notwithstanding.no person may The appeal shall be in writing and filed with the Community Development Department.]g appeal to or request a variance from the Roard of Adjustment ‘.vhen the bui Iding inspector has made a determination that the person is in violation of Section 17.66100. (I)[very appeal from an order of’the building inspcctor shall be filed within ten (10)days from the date of st+eh—the decision. ruling,or order of the building inspector.The written appeal shall specify the decision. ruling,or order of the building inspector being appealed.The Review Board shall have no jurisdiction te or hear any appeal not brought within ten (10)days from the date of seth the decision.ruling,or order. (2)The fee for filing an appeaL or a nque:;tl’or17.66.220 Appeals,Variances,and variances Minor Modificaflons.(Attornev White & CD :CS) (a)Appeal to and request for variance from the Estcs \‘alley Board of Adjustment. (SI 50.00). Exhibit A November 3,20 10 Page 33 of35 permitted by the granted appeal or variance compatible with the purposes of this Chapter. (Ord.I 76 2(pw-t).1976:Ord.25 76 8. 976;Ord.21 22 1(0),1982;Ord.Ii 87 2,1987;Ord.15 97,1997:Ord.17 02 141 Procedure.The Review Board shall adopt procedLires for the review of appeals and variances pursuant to this Section.The procedures shall be subiect to approval kthe Board of Trustees. fj Prohibited Signs.The Review Board shall not gj an appeal nor a variance which allows nx prohibited jgns specified in Section 17.66.060 of this Chapter. {)Stall Authority to Grant Minor Modifications.Staff thu minor modifications to a maximum often LW) percent from the following general jgg standards,provided that the Stall finds that such modification advances the jgj and purposes of this Code and results in reduction of visual clutter results in more effective signage,or relieves practical difficulties on the site: (c)f.)The variance is the minimum one necessary to permit the applicant to reasonably draw attention to 114S the business or enterprise. (c)No variance lbr maximum sign area on a lot of building.Other provisions of this Section to the contrary notwithstondin”the Board shaH not have any jurisdiction to hear,nor the authority ffi)Specific jgj size restrictions provided the cumulative site total remains in compliance;or jg)Other dimensional and temporal standards contained herein. 17.66.440 23()Enforcement. The provisions of this Chapter shall be sub ject to enforcement and penalties as set forth in Chapter 12 of the Estes Valley Development Code.Chapter I of the Estes Park Municipal 0 variance from the requirements of this Chapter has been flIed,the Board shall not grant a 0 permitted sign area on a single lot or building. fe)—fj Conditions.The Review Board may graiit a an appeal variance subject to any conditions which it deems necessary ec desirable to make the device which is l(part).2002) every one of the following conditions to exist. The request for variance shall be in writing and filed with the Community Development Department.The variance request shall specify the provisions(s)of this Chapter to which the variance is being requested.There shall be no variance for maximum jgn on a lot or bui Idi ng. fi-)In granting py variance,the Review Board shall find that all of the following conditions exist: (a)There are special circumstances or conditions,such as the existence of buildings,topography,vegetation,sign structures or other matters on adjacent lots or within the adjacent public right-of-way, which would substantially restrict the effectiveness of the sign in question; provided,however,that such special circumstances or conditions must be particular to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. (b)(2 The variance .vould be is in general harmony with the purposes of this Chapter,and specifically ‘.vould is not be injurious to the neighborhood in which the business or enterprise to which the applicant desires LU U,W”.uunuon is located.fj Setback requirements; to grant,any variance from any Section of this Chapter which limits the maximum Exhibit A November 3,2010 Page 34 of3S 17.66.3-9*250 Application of the laws. If any of the provisions of this Chapter are inconsistent with the provisions of any other law or laws,presently existing or enacted in the future,of the Town or the State,in that the requirements regarding signs or the respective provisions differ,the provisions containing the more restrictive requirements will apply.(Ord. 11-76 §2(part),1976;Ord.17-02 §I(part),2002 CZhantmrI7 S lnn - annew(This Chapter is deleted in _________ and relocated toSQ 17.66.1 8 (Staff &TB 10.26.10)r flamwrs (This _________ and relocated td (Staff &[13 10.26,10) a-0 Code.(Ord.11-76 §2(part),1976;Ord.25-76 §7,1976;Ord,21-82 §1(D),1982;Ord.15-97, 1997;Ord.17-02 §l(part),2002) 17.66.41W 240 What constitutes a violation. It is a violation of this Chapter for any person to perform,or order the performance of,any act which is contrary to the provisions of this Chap ter,or to fail to perform any act which is required by the provisions of this Chapter.In the case of a continuing violation,each twenty- four-hour period in which the violation exists constitutes a separate violation.(Ord.11-76 §2(part),1976;Ord.17-02 §1(part),2002) Exhibit A November3,2010 Page 35 of35 0 0