Any lot or building site will be deemed to meet the minimum area requirements of the land use district in which it is located when:

A.

It existed as an entire lot, or as an entire parcel, for which either a deed was of record in the office on the county clerk or a bona fide contract of sale was in full force and effect prior to the effective date of this Code;

B.

The owner thereof owns no adjoining land; and

C.

It is not the result of a division of land in violation of any state land law or Town Code.

(Ord. No. 238, 6-4-96)

Home occupations are permitted, provided the following conditions are complied with:

A.

No person outside the inhabitants occupying the premises will be employed.

B.

No stock in trade will be displayed on the premises and only products resulting from the home occupation may be sold from the premises.

C.

Only one occupation will be permitted on the premises at any one time.

D.

All activities will be conducted entirely within the dwelling or accessory building.

E.

There will be no external evidence of the activity such as commercial vehicles, outside storage of stock or materials and no noise, odor, dust, fumes, or other nuisances will be emitted from the premises.

F.

Such use shall be clearly incidental and secondary to the use of the unit for dwelling purposes and shall not change the character thereof.

G.

The total area used for such purposes shall not exceed 20 percent of the floor area or more than 300 square feet of the dwelling unit.

H.

There must be provided any off-street parking necessary to accommodate adequately additional traffic created by the home occupation.

I.

One and only one unlighted sign not to exceed one square foot in area and containing only the name and address of the occupant of the premises.

(Ord. No. 238, 6-4-96)

Detached accessory buildings in any residential use area will conform to the following regulations as to their location on the lot or building site:

A.

They may be constructed anywhere the main building would be permitted.

B.

They will not be closer than ten feet to the main building or to any other accessory building, except that private garages and carports may be closer to the main building than ten feet if adjoined to the main building by an enclosed walkway or an open breezeway.

C.

They may be constructed in a required rear yard provided they occupy no more than 50 percent of the required rear yard area.

(Ord. No. 238, 6-4-96)

Except as provided in this article, no building or structure will be erected, reconstructed, or structurally altered to exceed the height limit established by this Code for the use area in which such building or structure is located.

(Ord. No. 238, 6-4-96)

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, sky lights, towers, church steeples, roof signs, flagpoles, chimneys, smoke stacks, silos, water tanks, windmills, windbreaks, wireless antennae, or other similar structures may be erected above the height limits established for the various use area in which such structures are located, provided, however that no structure in excess of the allowable building height will be used for sleeping or eating quarters, nor will such structures exceeding the allowable building height be allowed for the purpose of providing additional floor space.

(Ord. No. 238, 6-4-96)

Except those exceptions described in section 7-14 of this Land Use Code, every required front, side, and rear yard will be open and unobstructed from the ground to the sky, provided, however, that when the common boundary line separating two or more contiguous lots is covered or partially covered by a building or permitted group of buildings, or when two or more such lots are used as a single building site, such lots will constitute a single building site and the yard spaces as required by this Code will then not apply to such common boundary line.

(Ord. No. 238, 6-4-96)

In any residential use area, as defined in this Code, in the case of a corner lot abutting upon two streets, all buildings will have a minimum setback of ten feet from the side lot line adjacent to the side street.

(Ord. No. 238, 6-4-96)

A through lot will maintain a front yard setback adjacent to each street upon which it fronts.

(Ord. No. 238, 6-4-96)

The depth of front yards on unimproved lots in any block where all existing main buildings have front yards greater than required by the provisions of this Code for the particular use area will be not less than the minimum depth of such existing front yards, but need not be more than ten feet in excess of that required by said provisions in any case. Buildings which are totally confined to the rear half of the lot will not be considered in interpreting and applying the provisions of this section.

In all use areas which require front, side, and/or rear yards, the required depth of said yards will be measured from the property line along a line perpendicular to the property line.

(Ord. No. 238, 6-4-96)

In the case of lots having more than four lot lines or lots which vary considerably from a rectilinear or trapezoidal shape, the rear lot line will be considered as the line most nearly opposite from and parallel with the street line on which the lot abuts. In the case of a triangular lot, the rear lot line will be considered as a straight line 15 feet in length which: (a) is parallel to the front lot line or its chord, and (b) intersect the two side lot lines at points most distant from the front lot line.

(Ord. No. 238, 6-4-96)

On lots less than 60 feet in width and of record prior to the effective date of the Code, the required side yard may be reduced one and one-half inches for each foot such lot is less than 60 feet provided that in no case will the width of the side yard be reduced to less than five feet.

(Ord. No. 238, 6-4-96)

Canopies or roofs in any combination and the accessory buildings in a required rear yard will in no case occupy more than 50 percent of the required rear yard area.

(Ord. No. 238, 6-4-96)

The following structures may intrude into any required yard which is five feet or greater in width or depth, provided however, that no such structure will intrude into the required yard a distance greater than is permitted in this section:

A.

Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features: one and one-half feet.

B.

Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is part: two feet.

C.

Open stairways, balconies, and fire escapes: two and one-half feet.

D.

Uncovered porches and platforms which do not extend above the floor level of the first floor: two and one-half feet into required side yard and six feet into required front and rear yards.

E.

Planting boxes or masonry planters not exceeding 42 inches in height: two feet.

F.

Guard railings for safety protection around depressed ramps: two and one-half feet.

(Ord. No. 238, 6-4-96)

Any front yard requirement will be deemed to be met when the depth of the front yard provided at least equals the average of that established by existing buildings which occupy 50 percent or more of the lots within the same block or use area.

(Ord. No. 238, 6-4-96)

The depth of required front yards may be modified on unimproved lots intervening between lots having non-conforming front yards of a depth less than required by this Code. Such modification will permit the unimproved lot to have a front yard depth equal to the average depth of the front yards on the two adjacent lots, provided, however, that no such modification will permit a front yard depth of less than 15 feet. The land use administrator shall retain discretion to approve any modification.

(Ord. No. 238, 6-4-96)

No lot or building site area will be so reduced or diminished to the extent that the yards or other open spaces will be smaller than prescribed by this Code.

(Ord. No. 238, 6-4-96)

No lot will be reduced in size so that the area thereof is less than the minimum required area for a lot in the use area in which such lot is located except when such reduction results from partial acquisition for public use or where a lot or building site is devoted exclusively to public buildings and uses, and said lot or building site is owned by a town, and/or county, or other political subdivision or by a public utility company, and no living quarters are located on such lot or building site. A use by review permit may be issued authorizing a reduction in the minimum required area for such lot or building site to be used for utility purposes.

The provisions for front, rear, and side yards, or height and area, and for off-street parking facilities applicable to the particular use area in which any use specified in this article is proposed to be located will prevail, unless in the use by review permit authorizing such use specific exemptions are made with respect thereto.

(Ord. No. 238, 6-4-96)

Except as provided in this Code, no yard or other open space provided about any building or structure for the purpose of complying with these regulations will be considered as providing a yard or open space for any other building or structure on the same property or on contiguous properties.

(Ord. No. 238, 6-4-96)

The town will assign addresses for all lots and structures. The numbers assigned will be according to the approved town addressing plan.

Any proposed street name must be approved by the town. The approved name must conform to the street name plan. A street name may be changed if the following conditions and procedures are met:

A.

Any person may apply to the town for a street name change.

B.

The planning commission will hold a public hearing, after which it will make a recommendation to town board regarding the request.

C.

Criteria. A street name will be changed only if the applicant or other interested parties show that there will be a public benefit which clearly outweighs the public confusion which would be created by the name change.

The provisions of this Code will not be construed to limit or interfere with the installation, maintenance and operation of any public utility lines providing water, sewage disposal, electric, gas, telephone, or telegraph services to the public, provided such lines are installed, maintained, and/or operated in accordance with all other applicable laws.

(Ord. No. 238, 6-4-96)

A.

Purpose. To provide for the regulation of temporary uses.

B.

Allowed temporary uses. Permits for temporary uses are required in accordance with the following table:

C.

Temporary use requirements:

(1)

Temporary construction trailers may be utilized for storage or office uses during the construction of a project in which a building or development permit has been issued by the town building official. The temporary construction trailer must be located on the property where the construction activity is taking place, unless permission is obtained from another property owner.

(2)

Temporary real estate office or model home. One temporary real estate office or model home, incidental to a new housing development, may be allowed within any new subdivision. Temporary structures shall be located so as to not interfere with the normal operation of any permanent use located within the subdivision. When the temporary use expires, the applicant shall restore the site to its original condition. Mobile structures occupied for sales offices may be used for a period not to exceed six consecutive months. The permit for any temporary sales office, other than mobile structures, shall cease and terminate automatically when 75 percent or more of the total number of lots within the most recent phase of the subdivision have been sold or for a period not to exceed 24 consecutive months, whichever occurs first.

(3)

Temporary retail vendor carts, food carts, food trucks, food trailers, and other structures may be allowed when they meet the following criteria:

a.

They provide no service other than retail sales of goods or agricultural products; fruits and vegetables, or food or beverages in a form suited for immediate consumption.

b.

They are located entirely on private property and do not include use of public property, including public rights-of-way.

c.

They are no greater than 215 square feet in size.

d.

They provide a positive impact upon the community as determined by an evaluation of the application against all relevant provisions of the Land Use Code. Review criteria will include, but not be limited to, aesthetics, site design, architectural compatibility, impacts on pedestrian mobility, vehicle traffic and snow removal.

e.

Hold appropriate licenses and permits, including but not limited to, those identified in section D.

f.

The town manager may extend the temporary permit for up to an additional 180-day period upon a showing by permittee that such additional time will allow permittee to determine viability of the operation as a proposed brick and mortar operation. Only one extension of 180 days may be issued by town manager. Other than the 180-day extension, Permittee shall terminate use for 180 consecutive days before another temporary use permit may be issued for the permittee.

(4)

Private events including but not limited to weddings, private parties, luncheons, and reunions.

(5)

Recreational vehicles:

a.

No recreational vehicle, as defined under this Code, shall be used for a dwelling or lodging unit, accessory building, home occupation or other use allowed in any zoning district for a period in excess of seven days, except when located in an approved campground, or when located in in a land use district in which mobile homes are a permitted use. Such recreational vehicles shall apply for a permit from the town for temporary occupancy not to exceed seven days. The town may establish a fee for such permit by resolution, which may be amended from time to time.

b.

Recreational vehicles in land use districts where mobile homes are a permitted use shall comply with the Town Building Code and all other provisions of this Code as applicable.

c.

Upon expiration of the permitted seven-day period, the use of a recreational vehicle for dwelling or lodging unit, accessory building, home occupation or other use allowed in any zoning district shall be discontinued. The recreational vehicle shall not be utilized for those purposes, nor be relocated to another parcel within town for use as a dwelling or lodging unit, home occupation or other use allowed in any zoning district unless 30 days has expired.

d.

No recreational vehicle, unless otherwise permitted, shall be parked in public right-of-way, public park or public property

e.

Recreational vehicle used for any use, including storage, shall be placed on private property so as to avoid obstruction to vehicular site distance and traffic flow.

f.

Recreational vehicles sanitary sewer facilities shall not be connected to the town's sanitary sewer system by any means. Recreational vehicle sanitary sewer shall be disposed of at an appropriate dump station.

g.

Nothing in the section is intended to prohibit the storage of a recreational vehicle on private property in residential zoning districts, as long as the recreational vehicle is owned by the property owner or tenant.

(6)

Farmers markets or other seasonal sale of agricultural products.

(7)

Other temporary events.

D.

Additional licenses and permits. Nothing in this section is intended to waive requirements, including but not limited to:

(1)

Business and sales tax licenses;

(2)

Sign permits;

(3)

Liquor licenses;

(4)

Building, mechanical, electrical, plumbing, and fire permits;

(5)

Water and sanitation requirements, including grease interceptors and grease traps, plant investment fees, et seq.; and

(6)

Food and health licenses and permits.

E.

Prohibited. The following temporary uses are prohibited in the town.

(1)

Firework stands.

F.

Submittal requirements. Requests for temporary uses that require the issuance of a permit shall include an application for a permit, which shall be accompanied by the following information:

(1)

A temporary use permit application.

(2)

A plot plan for the site which shall include:

a.

All required setbacks for the district in which the temporary use is located.

b.

Access to the temporary use and/or structure from a public right-of-way.

c.

Dimensions of all existing and proposed structures.

d.

Location of required off-street parking and loading areas.

(3)

An authorization letter from the legal property owner giving the applicant permission to apply for a temporary use permit.

(4)

Permits from the building department allowing the construction of required temporary structures and connection to an electrical supply.

(5)

Written proof of possession of all licenses or permits required in section C.

G.

Criteria for approval. The land use administrator shall approve a request for temporary use unless it determines that the temporary use adversely impacts the surrounding properties. For purposes of this section G adverse impacts shall include unreasonable noise, odor, access, availability of utilities, traffic, or other impacts on surrounding properties inconsistent with the purposes of the Municipal and Land Use Codes. Any denial of a temporary use permit shall be appealable to the planning commission.

H.

Signs. Only one sign will be allowed per temporary use. Signs shall conform to the provisions of the town's sign code. A sign permit shall be required.

I.

Special events. Nothing in this section is intended to prohibit the use of temporary tents, vendor carts, stages, food trucks and trailers associated with a town approved short term special event.

(Ord. No. 414, § 1, 4-17-18; Ord. No. 440, 6-2-20)

A.

In developed areas. When removal or change of existing geographical or physical features such as structures, trees or rights-of-way would cause harm to the community or exceptional and undue hardship to any person, the planning commission, with the concurrence of the town board, may vary design standards to the extent that substantial justice may be done. However, such relief may not be granted if it is detrimental to the public good or impairs the intent and purpose of this article in the desirable general development of the community in accordance with plans and policies of the town. Any modification thus granted will be entered in the records of the planning commission, setting forth the reasons which justified the modifications.

B.

Plat simplification. The town board may waive certain requirements listed in this article under the limitations placed on it in specific sections.

C.

Conditions. In granting modifications and exceptions as specified in this section, the planning commission may impose conditions which will, in its judgment, substantially secure the objectives of the standards or requirements involved.

(Ord. No. 238, 6-4-96)

In every case where property becomes a part of the town by annexation, the use district applied to the property must conform to the adopted comprehensive plan at the time of annexation.

(Ord. No. 238, 6-4-96)

The approval of the final plat by the town, acting under the provisions of this article, will be deemed to constitute or affect a conditional acceptance by the town of dedication of public right-of-way, other proposed public easements and public areas shown on the plat. The sole condition required to effect the acceptance will be proper recording of the final plat with the county clerk.

(Ord. No. 238, 6-4-96)

A.

Purpose and intent. The purpose of this section is to promote the public health, safety and welfare by establishing standards and criteria for the construction, installation, maintenance and operation of signs in the town.

Specifically, this section is intended to:

(1)

Enhance and protect the physical appearance of the town;

(2)

Protect property values;

(3)

Promote and maintain visually attractive, high-value residential, commercial and industrial areas;

(4)

Promote the economic well-being of the community by creating a favorable physical image; and

(5)

Ensure that signs are located and designed to:

a.

Provide an effective means of way-finding in the community;

b.

Afford the community an equal and fair way to advertise and promote its products and services;

c.

Reduce sign clutter and the distractions and confusion that may be contributing factors in traffic congestion and accidents and maintain a safe and orderly pedestrian and vehicular environment;

(6)

Minimize the disruption of the scenic views which, when maintained, protect important community values; and

(7)

Afford businesses, individuals and institutions a reasonable opportunity to use signs as an effective means of communication.

B.

Applicability.

a.

This section shall apply to all signs in the town, except as specifically stated otherwise.

b.

A sign may only be erected, established, painted, created or maintained in conformance with the standards, criteria, procedures and other applicable requirements of this section. Any sign not expressly allowed by this section or not in conformance with its requirements is prohibited. On properties where mixed uses exist, residential uses shall comply with the sign regulations for residential lots, and commercial uses shall comply with the nonresidential property sign regulations.

c.

No sign or sign structure shall be placed on private or public property without the written consent of the owners or agents thereof.

d.

Blanketing. For the purpose of preventing the blanketing of one sign by another, the following provisions regulating the size of a sign and its location shall govern:

(1)

No sign shall be erected in the same horizontal plane with other signs unless the sizes are spaced as set forth below, measured center to center:

Overlap of Signs by Size and
Required Spacing as Measured From
Center to Center of Sign

(2)

Any projecting sign erected at a shorter distance than required above shall be erected above the top edge or below the bottom edge of the blanketing sign.

e.

Unless otherwise expressly stated herein, all determinations made pursuant to this section shall be made by the land use administrator or his or her designee.

f.

The following are exempt from this section:

(1)

Signs not exceeding three square feet in area that are customarily associated with residential uses, such as property identification names and numbers, signs on mailboxes or newspaper tubes and signs posted on private property warning the public against trespassing or danger from animals;

(2)

Signs required or specifically authorized for a public purpose by any law, statute or ordinance, which may be of any type, number, area, height above grade, location, illumination or animation authorized by the law, statute or ordinance under which the signs are erected;

(3)

Official signs erected by state or local governments or their contractors or public utility companies to facilitate the construction, maintenance or operation of transportation facilities or to warn of dangerous or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices;

(4)

Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or inlaid so as to be part of the building, provided that such signs do not exceed six square feet in sign area;

(5)

Flags of any nation or government or displaying a noncommercial message, provided that such flags do not exceed 40 square feet and do not extend over a public right-of-way when unfurled;

(6)

Architectural features of buildings or works of art, if such features or works of art do not contain letters, trademarks, moving parts or lights and do not display a commercial message;

(7)

Any traffic control sign, such as "STOP" or "YIELD," located on public or private property that meets applicable governmental standards pertaining to such signs and does not display a commercial message;

(8)

Name plate signs of not more than two square feet in area which are fastened directly to a building and do not project from the face of the building;

(9)

National holiday and community special event decorations that do not display a commercial message;

(10)

Signs on athletic fields and scoreboards intended for viewing on the property upon which the scoreboard is located;

(11)

Signs located inside buildings which are not placed there for the purpose of being visible to and read from the outside of the building and which are not legible from a distance of more than three feet beyond the building in which such sign is located; and

(12)

Instructional signs on town property erected by the town;

(13)

Signs placed for permitted special events. Special event permit conditions may apply.

C.

Definitions. As used in this section, the following words shall have these specific meanings:

Abandoned sign means any sign, together with its supporting structure, which, 180 days or more after the property has been vacated, advertises an activity, business, product or service no longer produced or conducted upon the property upon which such sign is located, or a supporting structure or shell that no longer exhibits any content, excluding permanent signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business. A joint sign, shall not be deemed abandoned unless all businesses advertised on the sign have been discontinued for more than 180 days, or more than three businesses advertised on the joint sign have been discontinued for more than 180 days.

Architectural feature means any construction attendant to, but not an integral part of, a sign, which may consist of landscaping, building or structural forms that enhance the site in general, graphic stripes and other architectural painting techniques applied to a structure that serve a functional purpose or stripes or other painting techniques applied to a building, provided that such treatment does not include lettering, logos or pictures.

Banner means a sign made of lightweight fabric or similar material with no enclosing framework that is mounted to a building or other structure at one or more edges.

Billboard means a sign structure advertising an establishment, merchandise, event, service or entertainment which is not sold, produced, manufactured or furnished at the property on which the sign is located, as well as any other outdoor advertising prohibited by Section 43-1-401, et seq., C.R.S.

Blanket or blanketing, when applied to signs or sign structures, means the partial or complete shutting off of the face of one (1) sign by another sign.

Building frontage means the building face on which the primary entry is located. There can be only one building frontage per building.

Building sign means a sign attached to any part of a building, including wall, awning, canopy and projecting signs.

Building wall means a vertical surface of a building or structure, other than a pitched roof, that is integral to and could reasonably be construed as part of the architecture of the building, such as awnings, canopies, marquees, the vertical portion of gable roofs, parapets and mechanical penthouses.

Changeable copy sign means a sign with letters, characters or graphics that are not permanently affixed to the structure, framing or background allowing the letters, characters or graphics to be modified from time to time manually or by electronic, digital or mechanical devices, such as a bulletin board or electronic message board, maintained so that the entire message is shown at once; provided that the sign does not include commercial messages relating to products or services that are not offered on the property.

Commercial means predominately related to economic interests or commerce, or a transaction for a particular product or service or a group of products or services for profit.

Flag means any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of government, political subdivision, commercial entity or institution, provided that a commercial entity or institutional flag may only display the name, trademark or logo of the business or institution on the property and no advertising.

Freestanding sign means a sign which is placed on or anchored to the ground or is supported by a sign structure that is placed on or anchored to the ground and is independent from any building or other structure.

Grade (ground level) means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Height means the vertical distance measured from the elevation of the nearest sidewalk or, if there is no sidewalk within 25 feet, from the lowest point of the finished grade on the lot upon which the sign is located, to the uppermost point on the sign or the sign structure.

Illuminate means to shine an artificial light either by internal or external means and includes, but is not limited to, electronic, digital, LED or neon pan channel lighting.

a.

Direct means lighting by means of an unshielded light source which is effectively visible as a part of the sign. Neon lighting is considered direct lighting.

b.

Indirect means lighting which illuminates the front of a sign upon which the sign is displayed, the source of the light being shielded from public view and from surrounding properties. Indirect illumination does not include lighting which is used for purposes other than sign illumination, such as parking lot light.

c.

Internal means lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or for lighting behind letters or designs which are themselves made of translucent or opaque material.

Instructional sign means a sign that has a purpose secondary to the use on the lot and that is intended to instruct employees, customers or users as to matters of public safety or necessity, such as specific parking requirements, the location or regulations pertaining to specific activities on the site or in the building and including a sign erected by a public authority, utility, public service organization or private industry that is intended to control traffic, direct, identify or inform the public or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy.

Joint sign means a sign which serves as a common or collective sign for two or more businesses or industrial uses located within the same building or which share a common wall, or for two or more businesses or industrial buildings located within a jointly used area or on directly adjacent properties; said buildings are to be in close proximity to one another. Such signs are for the purpose of reducing the number of detached or freestanding signs and may contain a general identification for shopping centers, industrial parks, office centers and similar developments and may, in some cases, contain a directory to individual uses as an integral but clearly secondary part of the sign.

LED (light-emitting diode) means a particular type of electronic light source that exhibits light by electroluminescence.

Name plate sign means a building sign not exceeding two square feet indicating the street number, the name of the person, business, profession or activity occupying the lot, building or part thereof, or other information pertaining to the use on the lot.

National holiday means any of the following days:

a.

New Year's Day;

b.

Martin Luther King, Jr.'s Birthday;

c.

President's Day;

d.

Memorial Day;

e.

Independence Day;

f.

Labor Day;

g.

Veterans' Day;

h.

Thanksgiving Day; and

i.

Christmas Day.

Neon sign means a sign that includes visible neon tubing.

Nonresidential property means any property on which a commercial or industrial use occurs.

Opaque means exhibiting opacity: partially blocking the passage of radiant energy and especially light.

Pole-mounted signs are freestanding signs where the structural support for the sign is a pole.

Portable sign means a sign that is not permanently attached to the ground or other permanent structure, or a sign designed to be transported on wheels, skids, a bench, runners or brackets, or has a frame to which wheels, skids, runners, brackets or similar mechanical devices can be attached to or support the sign, including inflatable devices and vehicle signs, and also including a sign displaying a commercial message held by, attached to or affixed on an individual who is exhibiting such sign for the predominant purpose of conveying the commercial message on such sign.

Projecting sign means a sign that is attached to a building wall and extends perpendicular to (or approximately perpendicular to) the building wall.

Raceway means the enclosure behind a sign used to contain and protect wires, cables or bus bars.

Residential lot means any lot or parcel on which a residential use occurs.

Retail or commercial centers means a group of three or more freestanding buildings containing commercial uses that developed as a planned unit with common open space and landscape areas.

Roof sign means a sign located on or projecting over the roof or parapet wall of any building, whether the principal support for the sign is on the roof, wall or any other structural element of the building.

Sandwich board sign means a sign composed of two large surfaces bearing placards, hinged at the top, which can be placed in an "A" shape on the ground.

Sign means any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote, an object, product, place, activity, person, institution, organization, or business or the like, by means of letters, words, model, banner, flag, pennant, insignia, device, designs, colors, symbols, fixtures, images, illuminations or representation used as, or which is in the nature of, an announcement, direction or advertisement.

Signable area means that portion of the building facade unbroken by doors or windows upon which a wall sign is or may be located. It is calculated by selecting a continuous facade, then drawing the largest possible imaginary rectangle unbroken by doors or windows and computing the square foot area of this rectangle.

Story means each 15 feet in height of a building for purposes of measuring window signs, regardless of whether a building is occupied on more than one level.

Street frontage or street line means any boundary line of a private lot or parcel of land that coincides with the right-of-way of a public street.

Temporary sign means a sign, banner or similar device or display that is intended for a temporary period of display. A temporary sign does not include a sign display area that is permanent, but the message displayed is subject to periodic changes. This section shall not be interpreted to permit signs that are prohibited in subsection (D).

Vehicle sign means a sign displayed on a motor vehicle, including trucks, buses or other motor vehicles such as moving vans, delivery trucks, rental trucks and the like, and trailers, whether or not attached to a motor vehicle, but not including motor vehicles or trailers used for commercial transit and licensed by the public utilities commission of the state, such as taxies and buses. Examples of vehicle signs are signs indicating the name of the owner or business located on moving vans, delivery trucks, rental trucks, trailers and the like.

Wall sign means a building sign that is attached parallel to the wall of a building.

D.

Prohibited signs.

a.

The following signs are prohibited in the town:

(1)

Billboards.

(2)

Signs incorporating any flashing or moving illumination or with illumination that periodically varies in intensity or color, or signs which have any visible moving part, visible revolving parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical pulsations, by actions or normal wind currents, including but not limited to promotional balloons and the like.

(3)

Signs with light sources not shielded such that the bulbs, floodlights or tubes are visible off the property on which the signs are located.

(4)

Any sign that violates any provision of this section or constitutes a hazard to public safety, health or welfare.

(5)

Signs that, by reason of size, location, coloring or manner of illumination or movement, obstruct the vision of drivers when traveling on a roadway, leaving a roadway or entering a roadway.

(6)

Any sign that obstructs free ingress to or egress from a fire escape, door, window or other required exit, or that obstructs property ventilation or lighting.

(7)

Abandoned signs.

(8)

Searchlights, pennants and spinners.

(9)

Roof signs or any signs which project above a building wall or parapet.

(10)

Signs in the public right-of-way, except those erected by the town or a licensee of the town or the state in accordance with the current Uniform Manual on Traffic Control Devices.

(11)

Center pole-mounted freestanding signs, except for on nonresidential properties located adjacent to the Highway 160 corridor or along a Highway 160 frontage road.

(12)

Portable signs, except as expressly permitted in subsections (E) and subsections (G)(c), and (H)(f) of this section.

(13)

Signs with exposed cables or electrical mountings, unless the building official finds that unusual construction problems exist necessitating such cables or mountings.

(14)

Permanent freestanding signs on residential lots, except as expressly permitted in subsection (G)(f) below.

(15)

Signs using any sound- or noise-making or transmitting device.

(16)

Projecting signs that project from the corner of a building.

(17)

Signs with more than one face where the faces meet at an angle shall be no greater than zero degrees (otherwise referred to as "V"-shaped signs), excluding temporary sandwich boards.

(18)

Neon signs.

E.

Vehicle signs.

a.

Vehicle signs on vehicles being operated in the normal course of business shall be allowed without a permit and without reference to the regulations set forth in this article, subject to the following limitations:

(1)

The vehicle shall have any required state licenses, license plates and inspection stickers, and must be operable.

(2)

The vehicle shall be regularly operated, which means that the vehicle must leave the property on a regular basis for a business purpose, and shall not be parked in excess of 12 continuous hours at a business location. This paragraph shall not be construed to apply to a vehicle used on a regular basis for a business purpose that is taken home during nonbusiness hours and parked or stored on a private residential lot during nonbusiness hours.

(3)

The primary purpose of such vehicle shall not be for the display of signs. In determining whether the primary purpose of such vehicles is for the display of signs, the town shall consider the following criteria:

(a)

Whether the vehicle is regularly operated as set forth in paragraph (2) above.

(b)

The location of the vehicle when it is parked on or near the property of the business for which the sign is provided. The purpose of this Subparagraph shall be to prevent the vehicle from being displayed on or near a major street or public right-of-way, unless no other alternative parking area is available.

(c)

Whether the vehicle is parked in a location that is not on or near the property of the business for which the sign is provided in a manner so as to constitute a billboard. The purpose of this subparagraph shall be to prevent the vehicle from being displayed on or near a major street or public right-of-way without a valid business purpose, such as deliveries or repair work.

b.

Vehicle signs shall be magnetic, have vinyl graphics or be painted directly on the vehicle.

c.

Vehicle signs on food and vendor trucks, trailers, and carts permitted in accordance with the Municipal and Land Use Codes are permissible. The vehicle sign shall be considered a building sign for conformance with number of signs permitted on a non-residential property.

F.

Planned developments. Signs in planned developments shall comply with the sign requirements of the final development plan. Unless expressly provided in the final development plan, this section shall not apply to planned developments. Upon submittal of a final development plan for a planned development, the applicant shall have the option of seeking approval of its own sign plan for the planned development or meeting the requirements of this section.

G.

Signs on residential lots.

a.

Signs on residentially zoned lots shall comply with the standards set forth in this section.

b.

Instructional signs. Instructional signs are permitted on residential lots in compliance with the following:

(1)

An instructional sign shall not be larger than necessary to serve the intended instructional purpose and shall not exceed two square feet in area and six feet in height;

(2)

The number of instructional signs located on any lot shall be the minimum needed to serve the intended purpose; and

(3)

An instructional sign shall not attract attention beyond the perimeter of the lot on which it is located.

c.

Temporary signs.

(1)

Up to five temporary signs of four square feet in area or less are permitted on each residential lot.

(2)

Temporary signs shall not exceed six feet in height and must be set back at least five feet from the right-of-way.

(3)

Each temporary sign shall be constructed of a durable material and must be affixed to the ground or a structure so that it will remain in place.

(4)

A temporary sign permitted pursuant to this Subsection shall be exempt from the prohibition on billboards set forth in paragraph (D)(a)(1) of this section.

d.

Window signs. One sign may be placed in the window of a dwelling unit, provided that the sign does not exceed four square feet in total area and eight feet above grade in total height, and provided that such sign does not block more than 25 percent of the window area.

e.

Building signs are permitted on residential lots greater than 43,560 square feet.

(1)

Size. In residential zoning districts, maximum building sign surface area shall be 36 square feet or 25 percent of the signable area, whichever is greater.

(2)

Location. Building signs shall be placed on the walls, awnings, canopies or parapets of the building in compliance with the following:

(a)

Wall signs.

1.

A wall sign shall not project more than six inches from the surface upon which it is mounted and shall not exceed six feet in height. If external lighting is used, reflectors must be six feet above the surface of the sidewalk and must be equipped with wire mesh guards. No wall sign shall extend beyond the left and right extremities of the wall to which it is attached.

(b)

Projecting signs.

1.

Projecting signs shall be limited to buildings that have a minimum of ten feet of street frontage, provided that:

a.

All projecting signs shall have a maximum height of ten feet from the ground and a minimum clearance of seven feet from the ground to the bottom of the sign.

b.

Projecting signs shall be placed on the building so that the edge of the sign nearest the wall is 12 inches or less from the wall.

c.

No projecting sign shall project more than three feet beyond the building line in the direction of the street or one-third of the width of the sidewalk, whichever is less.

d.

No single face of a projecting sign shall exceed nine square feet in sign area.

(c)

Awning signs.

1.

Awning signs may be placed only on awnings that are located on the ground floor facade of a building.

2.

No sign mounted on an awning shall project beyond, above or below the face of an awning.

(d)

Canopy signs.

1.

No sign mounted on a canopy shall project beyond, above or below the face of a canopy.

(e)

Marquee signs.

1.

A marquee sign shall be placed on a ground floor facade of a building.

2.

No marquee sign shall extend above the roof or parapet line of any building.

(3)

Number. There shall be no more than one building sign per building.

f.

Permanent freestanding signs are permitted on residential lots greater than 43,560 square feet, subject to the restrictions set forth in this subsection, and shall comply with the requirements of subsection (H)(d) below if changeable copy is used.

(1)

Size.

a.

A side of a freestanding sign is any plane or flat surface of the sign. The side shall be included in the calculation of the total sign surface area.

b.

Subject to subsection (c) hereof, a single side of a freestanding sign shall not exceed one square foot in surface area for every two linear feet of street frontage on the street toward which the sign is primarily oriented, provided that no single side of a freestanding sign shall exceed 60 square feet.

c.

If a property has no street frontage and an applicant desires to install a freestanding sign oriented toward a street, then the total freestanding sign surface area permitted for all businesses located on that property is that allowed as if the property boundary closest to the street toward which such sign is to be oriented fronted the street, provided that only one street and the closest property boundary to such street may be used to determine the total permitted sign surface area.

d.

For freestanding signs that have no discernible sides, such as spheres or other shapes not composed of flat planes, no such freestanding sign may exceed the maximum total surface area allowed under subsection (b) hereof for a single side of a freestanding sign.

(2)

Location. Freestanding signs shall be set back ten feet from the nearest right-of-way, provided that no freestanding sign shall be closer to an abutting property line than 15 feet or as allowed by subsection (B)(d) of this section, whichever is more restrictive.

(3)

Number. One freestanding sign shall be allowed per lot in excess of 43,560 square feet; however, if the lot has multiple buildings constituting a primary use under the zoning provisions of the town, one freestanding sign is allowed per street frontage.

(4)

Height. Freestanding signs shall not exceed six feet in height.

(5)

Multiple-occupant buildings. When a freestanding sign is constructed on property that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building, the anchor occupant, all occupants or some combination thereof.

(6)

Lots may be combined for purposes of meeting the 43,560 foot threshold for a freestanding sign, and a joint freestanding sign may be erected as if the combined lots constituted a single lot.

Signs on Residential Lots Schedule

H.

Signs on nonresidential property.

a.

Building signs.

(1)

Size. In nonresidential zoning districts maximum allowable building sign surface area shall be 36 square feet or 25 percent of the signable area, whichever is greater.

(2)

Location. Building signs shall be placed on the walls, awnings, canopies or parapets of the building in compliance with the following:

(a)

Wall sign.

1.

A wall sign shall not project more than six inches from the surface upon which it is mounted and shall not exceed ten feet in height. If external lighting is used, reflectors must be ten feet above the surface of the sidewalk and must be equipped with wire mesh guards. No wall sign shall extend beyond the left and right extremities of the wall to which it is attached.

(b)

Projecting sign.

1.

Projecting signs shall be limited to buildings that have a minimum of ten feet of street frontage, provided that:

a.

All projecting signs shall have a maximum height of ten feet from the ground and a minimum clearance of seven feet from the ground to the bottom of the sign.

b.

Projecting signs shall be placed on the building so that the edge of the sign nearest the wall is 12 inches or less from the wall.

c.

No projecting sign shall project more than three feet beyond the building line in the direction of the street or one-third of the width of the sidewalk, whichever is less.

d.

No single face of a projecting sign shall exceed nine square feet in sign area.

(c)

Awning signs.

1.

Awning signs may be placed only on awnings that are located on the ground floor facade of a building.

2.

No sign mounted on an awning shall project beyond, above or below the face of an awning.

(d)

Canopy signs.

1.

No sign mounted on a canopy shall project beyond, above or below the face of a canopy.

(e)

Marquee signs.

1.

A marquee sign shall be placed on a ground floor facade of a building.

2.

No marquee sign shall extend above the roof or parapet line of any building.

(3)

Number. There shall be no more than one building sign per business.

b.

Freestanding signs.

(1)

Size.

(a)

A side of a freestanding sign is any plane or flat surface of the sign. The side shall be included in the calculation of the total freestanding sign surface area.

(b)

Subject to subsection (c) hereof, a single side of a freestanding sign shall not exceed one square foot in surface area for every two linear feet of street frontage on the street toward which the sign is primarily oriented; provided that no single side of a freestanding sign shall exceed 60 square feet if it is for a single business or 150 square feet if the sign is for multiple businesses. No portion of a joint sign allocated to a single business shall exceed 60 square feet.

(c)

If a property has no street frontage and an applicant desires to install a freestanding sign oriented toward a street, then the total freestanding sign surface area permitted for all businesses located on that property is that allowed as if the property boundary closest to the street toward which such sign is to be oriented fronted the street, provided that only one street and the closest property boundary to such street may be used to determine the total permitted sign surface area.

(d)

For freestanding signs that have no discernible sides, such as spheres or other shapes not composed of flat planes, no such freestanding sign may exceed the maximum total surface area allowed under subparagraph (b) above for a single side of a freestanding sign.

(2)

Location.

(a)

Freestanding signs shall be set back ten feet from the nearest right-of-way, except that freestanding signs in the Mill Street (MS) Zoning District may be set back two feet from the right-of-way.

(b)

No freestanding sign on a nonresidential lot shall be located within 30 feet of a residential zoning district or closer to an abutting property line than five feet or as allowed by subsection (B)(d) of this section, whichever is more restrictive.

(3)

Number.

(a)

One freestanding sign shall be allowed per nonresidential lot; however, if the lot has multiple buildings constituting a primary use under the zoning provisions of the town, one freestanding sign is allowed per street frontage.

(4)

Height.

(a)

Pole-mounted freestanding signs adjacent to the Highway 160 corridor or along a Highway 160 frontage road shall not exceed 20 feet in height.

(b)

Freestanding signs shall not exceed ten feet in height in all other nonresidential locations.

(5)

Multiple-occupant buildings: When a freestanding sign is constructed on property that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the buildings, the anchor occupant, all occupants or some combination thereof.

c.

Joint sign. A freestanding joint sign shall be exempt from the billboard prohibition, provided that the erection of a joint sign shall reduce the number of allowable freestanding signs on any adjacent lot that has a business identified on the joint sign by one sign.

d.

Changeable copy signs.

(1)

Size. Changeable copy signs shall not exceed 20 square feet, which may be allocated as ten square feet per sign face or 20 square feet on a single-faced sign. Signs with changeable copy as a component of the sign shall not exceed 50 percent of the sign area with changeable copy.

(2)

Other. Changeable copy may be changed electronically, digitally, mechanically or manually, but the entire message shall be shown at all times, and the changeable copy shall not be changed more than four times per calendar day.

e.

Instructional signs.

(1)

Number. The number of instructional signs shall equal the minimum number needed to achieve the intended instructional purpose.

(2)

Size. Instructional signs shall not exceed six square feet in area or six feet in height. Instructional signs may be placed on the base of a freestanding sign without the area of such instructional sign, or the background, being considered as part of or added to the area of the freestanding sign.

(3)

Location. Instructional signs shall not be located or designed to be legible or serve to attract attention beyond the perimeter of the site.

f.

Temporary signs.

(1)

Number. Three temporary sign of less than 32 square feet is allowed, unless otherwise stated in this Section, per nonresidential property.

(2)

Height. Temporary signs shall not exceed eight feet in height.

(3)

Sandwich boards are permitted during hours of operation, but must comply with all other sign requirements, including size and setback. Sandwich boards may be placed on sidewalks on Mill Street during hours of operation, but shall not impede pedestrian movement.

g.

Banners.

(1)

One temporary banner of less than 50 square feet is allowed, unless otherwise stated in this section, per nonresidential property.

(2)

Banners shall be securely attached to a building or structure at all times.

(3)

Inflatable sign not exceeding ten feet in height may be placed in lieu of banner.

h.

Window signs.

(1)

Location. Window signs shall be located in the display windows of a business use which incorporates a display of merchandise or a display relating to a service offered.

(2)

Size and number. One window sign per window is permitted on any face of a building. No such sign letter or composition shall exceed 24 inches in height, and its area shall not be greater than 25 percent of the window area. The maximum window area that may be used by a window sign shall not exceed 36 square feet. Window signs shall be no greater than a single story in height.

Signs on Residential Lots Schedule

I.

Number of signs on nonresidential properties.

a.

No more than five signs may be erected or maintained on any nonresidential property at any time, unless the property is located on a corner and has public entrances on two or more public ways or where a building has both a front and rear public entrance, in which case, one additional sign may be erected.

b.

To determine the number of signs that may be displayed on a particular nonresidential property, the following rules shall apply:

(1)

A sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit.

(2)

Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign.

(3)

A multi-sided sign shall be regarded as one sign so long as the distance between the backs of each face of the sign does not exceed two feet.

c.

In calculating the total number of signs on any property, both permanent and temporary signs shall be combined in the total, but signs enumerated in subsection (B)(f) of this section and instructional signs shall not be included.

J.

Sign area calculation.

a.

Sign area calculation.

(1)

The surface area of a sign shall be calculated by including the entire area within a single, rectilinear perimeter of not more than eight straight lines, a circle or an ellipse, enclosing the limits of the writing or other display, together with any material, color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure, such as a wall or fence structure, against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself.

(2)

If the sign consists of more than one section or module, all of the area, including that between sections or modules, shall be included in the computation of the sign area.

(3)

The sign surface area of a double-faced, back-to-back sign shall be calculated by using the area of only one side of such sign, so long as the distance between the backs of such signs does not exceed two feet.

K.

Illumination.

a.

Illuminated signs are prohibited on residential lots, except those on lots greater than 43,560 square feet. No sign located in or within 60 feet of a residential zoning district shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m.

b.

Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential lot.

c.

Illuminated signs shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m., except:

(1)

Signs that advertise a business that is open for general business during such hours.

(2)

Signs that constitute an integral part of a vending machine, telephone booth, device that indicates the time, date or weather conditions or similar device whose principal function is not to convey a commercial message.

(3)

Signs that do not exceed two square feet in area and that convey the message that a business enterprise is open or closed or that a place of lodging does or does not have a vacancy.

L.

Maintenance.

a.

All signs and components thereof, including supports, braces and anchors, shall be kept in a state of good repair and be constructed and maintained in compliance with all building, electrical and fire prevention codes.

b.

Abandoned signs shall, within 180 days after abandonment, be removed by the sign owner, owner of the property where the sign is located or other party having control over such sign.

c.

If the message portion of a sign is removed, leaving only the supporting shell of a sign or the supporting braces, anchors or similar components, the owner of the sign or the property where the sign is located or other person having control over such sign shall, within 45 days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This subsection shall not alter the effect of subsection (N) below which prohibits the replacement of a nonconforming sign, nor shall this subsection be construed to prevent the changing of the message of a sign.

d.

The area within ten feet in all directions of any part of a freestanding sign shall be kept clear of all debris and all undergrowth more than 12 inches in height.

M.

Visibility. No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy or remove any trees, shrubs or other vegetation without the express written authorization of the property owner, or in any area where the trees or shrubs are required by this Code to remain.

N.

Legal nonconforming signs.

a.

A legal nonconforming sign is any sign that does not conform to the requirements of this section but on the effective date of the ordinance codified in this section, was lawfully maintained and had been lawfully erected in accordance with any prior applicable sign regulation.

b.

Any legal nonconforming sign may be continued in operation and maintained despite this section, provided that no sign shall be changed so as to increase its size or nonconformity. Impermissible changes in use include, but are not limited to, adding illumination or moving or replacing a nonconforming sign.

c.

The right to maintain a legal nonconforming sign shall terminate immediately upon any of the following:

(1)

Abandonment of the nonconforming sign;

(2)

Any violation of this section on the property containing the sign; or

(3)

If the sign is damaged or destroyed in excess of 50 percent of the current replacement cost of the sign from any cause whatsoever or becomes obsolete or substandard under any applicable ordinances of the town.

O.

Traffic control signs.

a.

Traffic control signs shall not be erected on private or public property without the prior approval of the town. The town shall not approve a traffic control sign, unless the proposed sign conforms to the specifications in the most recent Manual of Uniform Traffic Control Devices.

b.

To obtain approval of a traffic control sign, an applicant shall submit to the land use administrator or his or her designee a request, including plans specifying the type, location and size of the intended sign.

c.

The land use administrator or his or her designee shall review the request and may approve the traffic control sign.

P.

Sign permits, applications and fees.

a.

Except as specifically provided in this section, a sign permit shall be required for permanent building signs, permanent freestanding signs and any other illuminated sign, including any signs being retrofitted with illumination.

b.

The fee for a permit to erect, alter, construct or reconstruct a sign in the town shall be set by the board of trustees.

c.

Sign permit applications shall be submitted to the land use administrator or his or her designee on official town forms.

d.

A permit shall be issued by the land use administrator or his or her designee upon finding that the sign complies with this section.

Q.

Comprehensive sign plan. The board of trustees may permit the utilization of comprehensive sign plans for multiple building complexes which are located on one tract or parcel of real estate or two or more contiguous parcels which are held in unified control and which comprise one or more acres, subject to the following requirements:

(1)

Submittal requirements. Applicants must submit a detailed sign plan with attached written stipulations to the town for review and approval. Such stipulations shall consider all appropriate concerns, including but not limited to the following items: location, size, height, color, lighting, orientation, construction materials and copy.

(2)

No minimum or maximum standards are established for the comprehensive sign plans, but each plan must contain such limitations within the plan stipulations. The sign plan shall be reviewed in terms of its impact on surrounding land uses and its compatibility with the purposes of this article and with other town planning and zoning programs. The submittal shall be reviewed by the planning commission in its advisory capacity and shall be considered for approval by the board of trustees. The board of trustees shall not approve a sign plan which contains any prohibited signs as set forth in subsection (D) of this section.

(3)

All parties affected by provisions of the comprehensive sign plans must be signatories to such plans; provided, however, that if the multiple-building complex or any part thereof is governed by a management agreement, the duly constituted representative of the management association or firm shall be a signatory to such plans. It is unnecessary for owners or lessees to sign if said representative has signed on their behalf.

(4)

Once approved by the board of trustees, a comprehensive sign plan may be modified through the following procedure:

a.

The land use administrator or his or her designee is authorized to determine whether a modification of, or a release from, a provision of the sign plan would constitute a substantial variation from the guidelines originally approved by the board of trustees.

b.

If the land use administrator or his or her designee determines that the modification or release is not substantial, the land use administrator or his or her designee may grant such a change, and a written summary of such determination shall be placed in the file for the comprehensive sign plan.

c.

If the land use administrator or his or her designee determines that the requested change is substantial, the proposed change and all relevant material shall be submitted to the town for the planning commission and board of trustees' consideration.

d.

The board of trustees shall allow the proposed change only if the following criteria are met:

1.

The proposed change will not adversely affect the development and preservation of the entire sign plan;

2.

The change will not adversely affect surrounding land uses;

3.

The change will not conflict with the purposes of this section; and

4.

The change is not granted solely to confer a special benefit upon any party.

e.

Nothing in these provisions shall be construed to deny the board of trustees power to require any modification of or release from any provision of the comprehensive sign plan so that the plan conforms to other town ordinances.

R.

Removal of illegal or hazardous signs.

A.

The land use administrator or his or her designee shall be the official responsible for administering and enforcing the provisions of this section and, following proper notice, for removing or causing to be removed any sign or outdoor commercial advertising device not in compliance with all applicable provisions of this section, other ordinances, resolutions and regulations of the town or state statutes and regulations. The cost of removal shall be borne by the owner or lessee of the sign.

B.

The land use administrator shall notify the sign permittee, or the owner, lessee, lessor of the property upon which the sign is located, or any of these persons, in writing, that a sign is dangerous, constitutes a traffic hazard or is illegal and that the same shall be removed, repaired or corrected within a reasonable time period from the date of the notice as specified by the land use administrator. If the sign poses an imminent danger of damage or injury to or loss of life, limb, property or health, the land use administrator shall give notice, in writing, that the condition will be abated by the town unless properly abated by the owner or occupant within 24 hours or such less time as the land use administrator believes is reasonable. The notice shall contain a description of the condition which violates this article; the date before which the condition must be corrected; and a statement that the person receiving the notice may protest the findings of the authorized inspector with respect to any matters in the notice by filing a written notice of protest in the office of the town clerk before the date on which the notice directs the condition to be corrected. Such notice shall be served personally upon the permittee, owner or lessee of the sign. If the land use administrator is unable to personally serve the summons and complaint, such service may occur by mailing a copy of the summons and complaint to the last known address of the permittee, owner or lessee by certified mail, return receipt requested, and by posting a copy of such summons and complaint in a conspicuous place on the premises of the violating sign.

C.

Upon receipt of any notice of protest regarding a violation of this section, the town clerk shall forward the notice of protest to the board of adjustment. The board of adjustment, or a hearing officer appointed by the board of adjustment, shall forthwith schedule a hearing on the protest. During the pendency of the protest, the notice of violation shall be extended, unless such item is of a temporary nature. The board of adjustment or hearing officer may affirm, modify or reverse the findings of the land use administrator and, when appropriate, order that the violation be corrected within a specified time.

D.

If the permittee, owner, lessee, lessor or any of these fails to comply with the written notice of violation or with the order of the board of adjustment or hearing officer, the land use administrator may proceed to abate the violation, the cost of which shall constitute a perpetual lien on the property upon which the sign is located and which may be collected by any legal means, including certifying the lien to the county treasurer for collection.

E.

The land use administrator may also issue a summons and complaint for the violation in the municipal court. Nothing in this section shall require the land use administrator to first follow the abatement procedures set forth in subsection (B) above before proceeding with a Municipal Court action.

F.

Upon being found liable for a violation of this section, the court shall have the authority to order the forthwith removal of the sign or correction of the violation. Such order shall be entered upon the docket of the court and be made part of the judgment.

G.

In the event that the defendant fails to correct such violation pursuant to the court's order, the court may order that the town, by and through the land use administrator, abate the violation and order that the defendant pay as restitution the costs of abating the violation.

H.

The land use administrator is authorized to place barriers around any sign posing an immediate danger to persons or property, with or without notice to the owner, permittee, lessee or lessor.

S.

Appeals and variances.

a.

Appeals. Appeals may be made in accordance with section 2-10 of this Land Use Code.

b.

Variances. Applicants seeking a variance to the size, height, location, illumination, number and type of signs and/or other standards set forth in this section, may do so in accordance with section 2-12 of this Land Use Code.

T.

Violation; penalty. It is unlawful for any person to violate any of the provisions of this section. Any violation of this section shall be punishable by a fine of not more than the amount set forth in section 1-5 of the Municipal Code. Each 24-hour period for which a violation continues shall constitute a separate offense and subject the violator to separate penalties.

(Ord. No. 421, § 2, 4-16-19; Ord. No. 504, 8-20-24)

No development will be permitted above the elevation of 7,260 feet in the Town of Bayfield unless a waiver is granted by the Bayfield Town Board. This requirement is necessary in order to assure adequate water pressure for domestic and firefighting purposes. In the event a request is made to develop above this elevation, an application for a waiver to this requirement shall be requested by the applicant. A completed letter of request for waiver shall be submitted with the following information to the Town of Bayfield:

A.

A topographic map showing the proposed site.

B.

The percent of grade of the proposed site.

C.

A plan for a cistern for emergency water supply.

D.

A plan which designs a sprinkler system for any inhabited structure.

E.

An access road design, indicating road width, road base, road surface, and percent of grade needed to access the proposed site. Generally, asphalt paving will be a requirement for any road access.

F.

A road cut plan, which addresses mitigation techniques.

G.

Plans for water and sewer service to the proposed site, including expected water pressure at the site after construction.

H.

Building materials proposed to be used in construction.

I.

A fire mitigation plan for the site which includes appropriate defensible space around any proposed structures.

J.

A site plan for the proposed use.

K.

Design plans for any structures proposed which demonstrate height and which indicate no ridge line penetration of any part of the proposed structure.

L.

A plan which provides for minimal disturbance of existing vegetation and incorporates native vegetation into the site design, maintains the natural environment, and preserves wildlife habitat and migration corridors.

M.

Any other submission item deemed necessary by the land use administrator.

Prior to any planning commission hearing, the proposal will be referred to all of the standard review agencies. In addition, all emergency service agencies, including police, sheriff, ambulance, and fire entities with jurisdiction will be sent a referral. Until referral responses are received, no planning commission or town board consideration will be given. Once referral responses are received, the land use administrator will prepare a staff assessment of the proposal and forward to the planning commission and town board for recommendation and approval/denial.

Any project that is granted a waiver from the 7,260-foot elevation restriction will be required to adhere to any restriction and/or improvements required by the town board. A bond/letter of credit will be required of the applicant in an amount approved by the town engineer to cover all necessary improvements to the town's satisfaction.

Any waiver request from the requirements of this section shall be first heard by the planning commission for recommendation and then a decision by the Bayfield Town Board after conducting a public hearing.