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Angel Fire City Zoning Code

CHAPTER 8

SIGNS

9-8-1: PURPOSE:

Angel Fire and the Moreno Valley have view sheds of exceptional scenic value that represent the baseline of our tourist and recreational economy. The purpose of this chapter is to protect the scenic and intrinsic values of these view sheds while at the same time affording general commerce the ability to advertise and market their products and services to the public at large in a reasonable manner.
The Village encourages existing and future business owners to contact the Planning and Zoning Division to determine how this chapter can be utilized to maximize signage opportunities. (Ord. 2017-03, 4-25-2017)

9-8-2: GENERAL REQUIREMENTS:

   A.   Compliance With Provisions: No signs of any type, including any seasonal signs, shall be allowed, constructed, erected, or maintained, except as specifically provided herein.
   B.   Location On Private Property Only: Signs shall be allowed on private property only, not in rights-of-way. Signs shall not be allowed within easements unless having received the written permission of the owner.
   C.   Illuminated, Moving Signs:
      1.   Sign illumination shall be either indirect with the source of light concealed from direct view or shall be through translucent, light diffusing materials utilizing low voltage lights.
      2.   Light will shine pointed down on the sign and not create night sky light pollution.
      3.   Any exposed electrical conduit shall be of the same color as the background.
   D.   Building Directory Signs: One building directory sign per building, listing all businesses in a building by name only, shall not exceed five (5) square feet and shall be placed near or at the primary entrance into the building, and will not be included in the total attached sign face area allowed.
   E.   Directional Or Warning Signs: Directional or warning signs on residential lots with less than one square foot of area on one side may be attached to trees and shall not require a permit. A maximum of three (3) such signs shall be allowed on one property.
   F.   Maintenance And Repair: All signs shall be maintained in good repair and not faded, unsightly, mutilated, peeling or otherwise defaced. (Ord. 2017-03, 4-25-2017)

9-8-3: PERMIT REQUIREMENTS:

   A.   Permit Required: A sign permit shall be required for any sign except where stated otherwise, and no sign shall be erected, constructed, altered, remodeled, or changed until the Coordinator has issued a permit.
   B.   Application For Permit: A permit will be considered by the Coordinator only after an application has been filed with the Planning and Zoning Office showing the plans and specifications, including dimensions, materials, and details of construction, of the proposed sign.
   C.   Review And Approval:
      1.   After the required fee is paid, the zoning official shall consider all complete applications for approval or denial.
      2.   The Coordinator will review all signs for conformance with the provisions of this chapter.
   D.   Exemptions:
      1.   Signs required by Federal, State or local authorities are exempt from this section.
      2.   Permits are not required for real estate signs, construction signs, residential signs or security signs as identified in these regulations. (Ord. 2018-03, 9-11-2018)

9-8-4: PERMANENT SIGNS:

   A.   Freestanding Signs:
      1.   Freestanding Signs: Freestanding signs shall:
         a.   Be limited to a single, two (2) sided sign per lot.
         b.   Not be higher than twelve feet (12') from the ground for single businesses.
         c.   Not be higher than fifteen feet (15') from the ground for multiple businesses with one front lot and no higher than twelve feet (12') on double front or corner lot (if 2 signs are employed).
         d.   Be set back five feet (5') within the property lines upon which the principal building is located.
         e.   Be limited to a maximum face area of thirty two (32) square feet per side.
         f.   Have all supports, frames and posts painted or otherwise finished.
         g.   Be included in the total sign area authorized for a business or use. One side only is counted if the sign is freestanding.
         h.   Be designed and constructed to withstand a ninety five (95) mile per hour wind.
      2.   Business Complex Allowance Of Freestanding Signs: A business complex shall be allowed one freestanding sign with a maximum of seventy five (75) square feet of sign face area of which thirty three percent (33%) must be dedicated to identifying the building complex.
      3.   Business Complexes Located On Corner Or Double Lots: A business complex located on a corner lot or on a double fronting lot shall be allowed two (2) freestanding signs, one per street only, with a maximum of sixty (60) square feet of sign face area per sign, of which thirty three percent (33%) must be dedicated to identifying the building complex.
      4.   Marquee Signs: Marquee signs designed with changeable letters to change text or message shall be included in the total signage authorized for the business or use.
      5.   Canopy Signs: Gas station canopy signs are permitted on two (2) sides of a canopy, each sign not to exceed ten (10) square feet.
   B.   Projecting Signs:
      1.   Projecting signs may be used in lieu of a hanging sign and shall:
         a.   Be limited to a single, two (2) sided sign per use.
         b.   Not be higher than the ridgeline or the parapet wall of the building to which it is attached.
         c.   Not be higher than twelve feet (12') above ground level as measured to the top of the sign or supports, whichever is higher.
         d.   Be a minimum of eight feet (8') above grade.
         e.   Not extend more than four feet (4') from a building wall.
         f.   Not project over any vehicular traffic area.
         g.   Be limited to a maximum face area of sixteen (16) square feet per side.
      2.   Neon signs as projecting signs are not permitted.
   C.   Attached Signs:
      1.   Attached signs shall:
         a.   Not project more than six inches (6") from the wall on which they are displayed.
         b.   Have a maximum of thirty two (32) square feet of total sign area. For businesses with additional street or parking lot fronts, shall be permitted an additional sixteen (16) square feet per additional street or parking lot front.
      2.   Cutout letter signs shall be considered attached signs if attached to a building. (Draw a box around the words to calculate the surface area.)
      3.   Reserved.
      4.   Business complexes shall be allowed a maximum of thirty two (32) square feet of attached signage per business/commercial space and each business complex shall be allowed a business identification sign that is not associated with any of the businesses within the complex and shall not exceed thirty two (32) square feet.
      5.   A single business in a stand alone building shall be allowed twenty percent (20%) of the area of the wall on which they are displayed, or eighty (80) square feet total sign area, whichever is less.
   D.   Hanging Signs:
      1.   Hanging signs may be used in lieu of a projecting sign and shall:
         a.   Be located under a porch, portal, or covered walkway.
         b.   Be limited to four (4) square feet per side. (Ord. 2017-03, 4-25-2017)

9-8-5: OFF PREMISES SIGNS:

   A.   Permitted Off Premises Signs:
      1.   Off premises signs will be permitted only for businesses located along designated arterial streets, and will be for the purpose of direction only.
      2.   All persons requesting off premises signs will be required to present written permission from the owner approving the placement of the sign and the proof of ownership of the property in question.
   B.   Area:
      1.   The total area permitted is thirty two (32) square feet per side.
      2.   The area of one (1) side of an off premises sign will be included in the total signage of the business.
   C.   Number Of Signs:
      1.   There shall be a maximum of one (1) off premises sign per lot.
      2.   Where there is an existing on premises freestanding sign, no off premises sign shall be permitted.
      3.   Where there is an existing off premises sign, an on premises sign shall not be permitted until the off premises sign is removed. (Ord. 2017-03, 4-25-2017)

9-8-6: STRUCTURAL AND ARCHITECTURAL CHARACTERISTICS:

   A.   No lettering on any sign, including cutout letter signs, shall exceed eighteen inches (18") in height, except for multiple- family/business complex identification signs which may have letters no more than twenty four inches (24") in height.
   B.   No sign shall be placed above the parapet of the wall or above the eaves or on any roof.
   C.   All supports and frames shall be painted, sealed, or stained.
   D.   Signage within the Village shall complement the mountain environs of Angel Fire.
   E.   Except for backlit signs, freestanding signs shall be framed in natural wood.
   F.   All steel posts, concrete posts, similar materials and sign face frames shall be wrapped or covered with natural wood or shall be painted a wood brown or forest green color.
   G.   Freestanding signs shall have a maximum of two (2) posts. (Ord. 2017-03, 4-25-2017)

9-8-7: BANNER SIGNS:

   A.   Permit Required:
      1.   Business Or Event: Banner signs for a business or event require a permit.
      2.   Banners:
         a.   Banners For Business Events: Banners for business events shall be reviewed and permits granted for a maximum of sixty (60) days per calendar year for business events only, with no banner being displayed more than thirty (30) consecutive days. A business may spread its sixty (60) days of display over the duration of the calendar year, provided all of the display dates are listed on the banner application. The banner shall be displayed only in front of that business.
         b.   Political And Not For Profit Banners: Political and not for profit banners require a permit and require permission from the property owner, but are exempt from permit fees. These banners may be installed ten (10) days prior to the event/activity and must be taken down at the end of the event/activity.
         c.   Non-Event Banners: Not for profit -501 organizations, can submit an application for a permanent annual on premises permit for non-event banners.
         d.   Size: Maximum size of a banner sign shall be thirty (30) square feet.
         e.   Condition: All banners must be kept in good repair and stretched tight.
      3.   Yard Signs:
         a.   For 5013C nonprofits only and require a permit with permission from the property owner, but are exempt from permit fees. These yard signs may be installed ten (10) days prior to the event/activity and must be taken down at the end of the event/activity.
         b.   The maximum size for the yard signs shall be three (3) square feet.
   B.   No Permit Required:
      1.   Gasoline Price Signs: Gasoline price signs shall:
         a.   Not require a sign permit.
         b.   Be permitted on site, double faced, and shall not exceed twelve (12) square feet of surface area.
         c.   Have no other advertising beyond brand name and price.
      2.   Garage Sale And Private Event Signs: There will be a three (3) day limit on garage sale and private event signs, and they must be removed the day following the day of the sale.
      3.   Reserved.
      4.   Vacancy/No Vacancy Signs: Vacancy/no vacancy signs, provided they do not exceed two (2) square feet in face area.
      5.   Open/Closed Signs: Open/closed signs, provided they do not exceed four (4) square feet in face area.
      6.   On Site Direction Signs: On site direction signs, provided they do not exceed two (2) square feet in face area and are limited to directional information only.
      7.   Flags:
         a.   Residential: Pole may not exceed the building height.
         b.   Commercial: Pole may not exceed ten feet (10') higher than the building, with a maximum of two (2) flagpoles per commercial lot.
      8.   Real Estate Signs (For Sale Or For Rent):
         a.   For Sale Or For Rent Signs Generally: One (1) nonilluminated sign may be used for advertising the sale or rental of a property.
            (1)   It shall not exceed three (3) square feet for residential property or five and one-half (5.5) square feet for commercial property.
            (2)   The sign shall be removed within seven (7) days after the sale or rental of the property.
            (3)   Only one (1) real estate sign shall be on any one (1) property at one time, except for lots that are adjacent to Monte Verde Lake, the golf course, or the ski area may have a maximum of two (2) signs, with up to one (1) sign facing the amenity.
         b.   For Sale By Owner: For sale by owner signs must follow the same regulations as real estate for sale signs.
         c.   Open House Sign:
            (1)   No more than five (5) directional or informational signs, each of which is no more than three (3) square feet, are allowed, provided they are located on private property.
            (2)   All signs must be removed within twenty four (24) hours of the open house but in no event more than four (4) days after being erected or placed.
         d.   Location: Signs are not to be installed in the street right- of-way.
      9.   Construction Site Signs: Construction site signs shall be limited to sixteen (16) square feet per side, with a maximum height of five feet (5') and will be limited to one (1) per site. Construction site signs shall be erected after a building permit has been issued and shall be removed prior to the issuance of a certificate of occupancy.
      10.   Residential Identification Signs:
         a.   Single-family residential identification signs, such as the name and/or address of the property owner, shall not exceed four (4) square feet. Signs existing on the effective date of this title shall be nonconforming until there is a change in ownership, at which time the nonconforming sign shall be brought into compliance. Anything larger will need approval from the Planning and Zoning Commission.
         b.   Home watch security signs identifying the name and phone number of a caretaker company under contract to monitor the security of a residence shall not exceed two (2) square feet.
         c.   Multi-family residential complexes shall be allowed one (1) monument sign per street front not to exceed four feet (4') in height and thirty two (32) square feet in total sign face area. Each monument sign shall incorporate one hundred (100) square feet of landscaping.
      11.   Sandwich Boards And Feather Flags: One (1) each allowed per business.
         a.   Sandwich boards shall:
            (1)   Have a maximum sign face area twenty eight inches (28") wide by forty two inches (42") in height.
            (2)   Not be placed in right-of-way and not be electrified.
            (3)   Must be removed at close of business each day.
         b.   Feather flags shall:
            (1)   Have a maximum size of banner of 2.5' x 8' with a post no more than twelve feet (12').
            (2)   Not be placed in right-of-way and not be electrified.
      12.   Awning Signs: Awning signs, provided lettering does not exceed six inches (6") in height. (Ord. 2017-03, 4-25-2017)

9-8-8: PROHIBITED SIGNS AND CONDITIONS:

   A.   Unsafe Situations:
      1.   No sign shall be erected, located, or maintained that limits free and unfettered ingress to or egress from any door, window or fire escape.
      2.   No sign of any kind shall be attached to a standpipe or fire escape.
      3.   No sign or other advertising shall be erected at the intersection of any street in a manner which obstructs free and clear vision; at any location whereby its position, shape or color may interfere with, obstruct the view of, or be confused with any traffic sign, signal or device; or which makes use of the words "stop", "look", "danger", or any other word, phrase, symbol or character that may interfere with, mislead or confuse traffic.
   B.   Obscene, Indecent Signs: It is unlawful for any person to display any obscene, indecent or immoral matter on any sign or other advertising structure.
   C.   Flashing, Moving Signs:
      1.   Other than open/closed/vacancy signs inside of a building, no sign shall flash, blink, vary in intensity, revolve, or otherwise appear to be in motion. This provision includes signs inside a building that are visible from outside of the building.
      2.   Flashing, blinking, running lights, and moving signs are prohibited. Time/temperature signs and electronic marquee signs are exempted from this prohibition.
   D.   Overhanging Signs: No sign shall be erected, located or maintained on or over public property or rights-of-way without Council approval, upon recommendation of the commission.
   E.   Interference With Existing Signs: All proposed sign locations may be inspected to ensure that a new sign does not interfere with an existing sign.
   F.   Neon Signs: No neon type signs are allowed except vacancy/no vacancy and open/closed signs as per subsections 9-8-7B4 and B5 of this chapter.
   G.   Commercial Signs Attached To Trees: No commercial signs (excluding real estate signs) shall be attached to trees.
   H.   Banner Type Signs: No banner type signs or feather flags shall be placed on any vehicle.
   I.   Trailer Type Signs: No signs incorporated on a frame with wheel axles or mounted on any type of trailer is permitted. Removal of tires or axles does not constitute a change in sign status.
   J.   Painted Signs: Signs shall not be painted directly on exterior walls or roofs of a building. (Ord. 2017-03, 4-25-2017)

9-8-9: VACANT BUILDING SIGNS:

If a business leaves a building or portion of a building vacant for more than thirty (30) days, the owner of the subject building shall remove all sign messages related to the previous occupant. If there are signs with plastic panels on the premises, those panels shall be removed and replaced with plastic, wood or similar material; colored or painted to match the building, or may be painted, or colored white. (Ord. 2017-03, 4-25-2017)

9-8-10: NONCONFORMING SIGNS:

Any nonconforming sign legally erected prior to the effective date of this title shall be required to be brought into compliance when there is a change in ownership of the sign, a change in the type of business, or any proposed modification to the subject sign. A nonconforming sign that is knocked down due to weather, or that is removed for building or parking lot maintenance shall not be reconstructed or erected unless it can be brought into compliance with this chapter. (Ord. 2017-03, 4-25-2017)

9-8-11: REMOVAL OF SIGNS:

   A.   Obsolete Signs: Any sign now or hereafter existing which does not advertise an active business operation or a product sold shall be taken down and removed within thirty (30) days by the owner, agent or person having the beneficial use of the building, lot or structure upon which the sign may be found.
   B.   Repair And Renovation Of Area: Whenever a sign is removed from a building or structure, the building or structure shall be cleaned and/or painted, and all sign supports, brackets, mounts, utilities or other connecting devices shall be removed so that there is no visible trace of the removed sign. (Ord. 2017-03, 4-25-2017)

9-8-12: POSTING ADDRESS:

   A.   All residential property owners shall be responsible for maintaining their street addresses in view, day and night from a point where the street and the owner's driveway meet.
   B.   All commercial property owners shall be responsible for maintaining and displaying their street numbers on their buildings utilizing six inch (6") numbers and four inch (4") letters for individual suites and lease spaces. (Ord. 2017-03, 4-25-2017)

9-8-13: EXCEPTIONS TO PROVISIONS:

   A.   The Village Community Center is authorized to use the median located in the North Angel Fire Road right-of-way and in the ROW (right-of-way) on Valley Road for directional purposes and to advertise ongoing and upcoming events held at the Community Center, provided such signage does not interfere with a driver's ability to see through the intersections in all directions.
   B.   The Village may, with a contractual agreement with a property owner, install, erect, or place a freestanding sign in addition to total face area permitted for that specific property for the purposes of disseminating community information. Except for total face area and number of freestanding signs permitted, all other sign provisions of this title shall apply. (Ord. 2017-03, 4-25-2017)

9-8-14: REMEDIES FOR NONCOMPLIANCE:

Noncomplying signs shall put the owner in violation of this title. Once notified in writing of any violation, an owner has ten (10) business days to comply or be sited into Municipal Court. (Ord. 2017-03, 4-25-2017)

9-8-15: LED SIGNS:

LED Signs: LED signs are digital signs designed to change images or messages electronically.
   A.   Must contain a default mechanism that freezes the image in one position in case of a malfunction;
   B.   Must automatically adjust the sign brightness based on natural ambient light conditions in compliance with the following formula:
      1.   The ambient light level measured in luxes, divided by 256 and then rounded down to the nearest whole number, equals the dimming level; then
      2.   The dimming level, multiplied by .0039 equals the brightness level; then
      3.   The brightness level, multiplied by the maximum brightness of the specific sign measured in nits, equals the allowed sign brightness, measured in nits. For example:
         32768 (ambient light in luxes) ÷ 256 = 128 (dimming level)
         128 (dimming level) x 0.0039 = 0.4992 (brightness level)
         0.4992 (brightness level) x 9000 (maximum brightness of the example sign) = 4492.8 (allowed brightness in nits)
   C.   Must be turned off between 9:00 p.m. and 7:00 a.m.(with the exception of a time and temperature display); and
   D.   May not display light of such intensity or brilliance to cause glare, impair the vision of an ordinary driver, or constitute a nuisance.
   E.   Light intensity. Before the issuance of a video board sign permit, the applicant shall provide written certification from the sign manufacturer that:
      1.   The light intensity has been factory programmed to comply with the maximum brightness and dimming standards in the table in Subparagraph (a)(l)(B); and
      2.   The light intensity is protected from end-user manipulation by password-protected software, or other method satisfactory to the building official.
   F.   Change of message. Except as provided in this section, changes of message must comply with the following:
      1.   Each message must be displayed for a minimum of eight seconds.
      2.   Changes of message must be accomplished within two seconds.
      3.   Changes of message must occur simultaneously on the entire sign face.
      4.   No flashing, dimming, or brightening of message is permitted except to accommodate changes of message.
   G.   Malfunction. LED sign operators must respond to a malfunction or safety issue within one hour after notification. Malfunctioning signage that creates a visual hazard must be turned off until repaired.
   H.   LED signs shall be permitted by conditional use permit only.
      1.   One LED sign shall be permitted in a public venue space ( an area that hosts a combination of public concerts, farmers markets, and other community events). This LED sign shall be permitted to provide public service announcements and off-premise advertising. This LED sign shall not exceed one hundred (100) square feet. This LED sign must comply with provisions A, B, D, E, F, and G of this section. (Ord. 23-02, 3-14-2023)

9-8-16: SIGN VARIANCES:

   A.   The Village Council shall consider variances to the sign regulations (with exception of residential identification signs) recommended by the Commission and Coordinator. The Council may vary the size, number, or location of a sign. The Council may provide a variance when:
      1.   Presented with evidence that strict compliance will result in a substantial financial hardship; or
      2.   The creation of an inequity to the applicant without sufficient corresponding benefit to the Village and its citizens in accomplishing the objectives of this article. (Ord. 23-02, 3-14-2023)