No building permit or certificate of occupancy shall be issued for any development until all of the applicable standards of this chapter are met.

(a)

Purpose. The purpose of this section is to require off-street parking and loading facilities in proportion to the parking demand for each use in order to ensure functionally adequate, aesthetically pleasing and secure off-street parking. The regulations and design standards of this section are intended to accomplish the following:

(1)

To ensure the usefulness of parking facilities.

(2)

To ensure sufficient parking spaces on-site in order to prevent excessive parking on public streets and in residential neighborhoods.

(3)

To ensure that access to parking does not impair the function of adjacent roadways or endanger the public safety.

(b)

Applicability.

(1)

New and Complying Development. New development occurring after the effective date of this section, and development existing on the effective date of this section and complying with the number of off-street parking spaces required by this section shall be subject to the following provisions.

a.

Every use of a building or land hereafter established shall provide the minimum off-street parking spaces as required by this section.

b.

The number of parking spaces may be reduced when the land use or floor area of a building is changed or reduced to a use or floor area for which fewer parking spaces are required.

c.

When a building is expanded or a land use is changed so as to increase the number of parking spaces required, the number of such spaces shall be increased.

(2)

Existing Noncomplying Development. Developments with legally noncomplying parking areas shall be subject to the following provisions.

a.

Existing parking spaces shall not be reduced below the minimum required by this section.

b.

Building permits and certificates of occupancy may be issued for a change of use or remodeling or structural alterations in developments containing legally noncomplying-parking areas, without requiring compliance with this section, provided that such redevelopment does not result in an increase in the number of required parking spaces.

c.

Any building expansion or change of use that results in an increase over the number of parking spaces that would be required under this section for the lot shall provide additional parking spaces only for that increment of the expansion, as if it were a separate development. Only the expanded portion of the parking area shall be required to comply with the provisions of this section.

(c)

Computing Parking. The minimum number of parking spaces required for a specific development proposal shall be based on the requirements listed in subsection (d) of this section, Off-Street Parking and Loading Requirements, and the following provisions.

(1)

Exception. Permitted uses in the central business district with less than ten thousand (10,000) square feet do not have to provide off-street parking.

(2)

Unlisted Uses. Where questions arise concerning the minimum off-street parking and requirements for any use not specifically listed, the requirements may be interpreted as those of a similar use.

(3)

Multiple Uses. In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building or development.

(4)

Benches, Pews and Similar Seating. When measurements determining the number of required parking spaces are based on the seating capacity of a use and individual seats are not provided, twenty-two (22) inches or portions thereof of undivided seating shall constitute one seat.

(5)

Fractions. When measurements determining the number of required parking spaces result in fractions, any fraction less than one-half (½) shall be disregarded and any fraction of one-half (½) or more shall be rounded upward to the next highest full number.

(d)

Off-Street Parking and Loading Requirements. Off-street parking spaces shall be provided in accordance with the following minimum requirements.

OFF-STREET PARKING AND LOADING REQUIREMENTS

(e)

Off-Site Parking. Required off-street parking shall be provided on the same lots as the principal use, provided that all or a portion of the required parking spaces may be located on a separate lot from the lot on which the principal use is located, based on the following provisions.

(1)

Contiguous. The off-site parking shall be located on a lot that is immediately adjacent to and contiguous with the lot containing the principal use.

(2)

Common Ownership. Any off-site parking area shall be under the same ownership as the principal use to which it is accessory, and all necessary legal instruments shall be executed to ensure that the required number of spaces shall remain available throughout the life of the principal use.

(f)

Parking Space Dimensions, Lighting and Design.

(1)

Each off-street parking space shall consist of an open area measuring nine (9) feet wide by eighteen (18) feet long and seven (7) feet high and shall have vehicular access to a public street or alley.

(2)

Off-street parking shall be properly drained, shall have a durable dust-free, all weather surface and shall be maintained in a usable condition at all times.

a.

Acceptable surface materials are those that are resistant to deterioration from weather and/or traffic and shall include, but are not limited to: concrete, asphalt, sealed pavers, cobbles, sealed brick or any other material that would have similar characteristics and uses.

b.

Unacceptable materials are those that deteriorate from weather and/or traffic and shall include, but are not limited to: gravel, three-quarters (¾) road base, volcanic cinders, clinker rock, or any other material that would have similar characteristics.

(3)

Security lighting shall be provided in parking lots with a minimum ground level illumination of 0.5 foot-candle at any location in the lot. Lighting shall be so arranged as to reflect the light away from adjoining residential areas.

(4)

Off-street parking areas serving commercial or industrial uses shall be landscaped and screened in accordance with requirements of Section 5.05 of this chapter, Trees, landscaping and screening.

(g)

Restricted Use of Parking Areas. No automobile trailers, boats, detached campers, junk vehicles or any other object that will render the parking space unusable according to the purpose of this section shall be parked or stored in off-street parking areas. Junk vehicles shall be defined as those that either (1) lack a current license or inspection sticker or (2) are wrecked and/or dismantled.

(h)

Off-Street Loading Requirements.

(1)

Schedule A Loading Requirements. All uses for which Schedule A loading requirements are indicated in the table to subsection (d) of this section, Off-Street Parking and Loading Requirements, shall provide the following minimum number of loading spaces or berths:

Schedule A

(2)

Schedule B Loading Requirements. All uses for which Schedule B loading requirements are indicated in the table to subsection (d) of this section, Off-Street Parking and Loading Requirements, shall provide the following minimum number of loading spaces or berths:

Schedule B

a.

Exception. Commercial uses in the central business district with less than twenty-five thousand (25,000) square feet with alley access do not have to provide loading berths.

(i)

Design of Loading Areas. All loading spaces in the I, industrial district shall comply with the following design requirements.

(1)

Location. No loading space shall be located within the right-of-way of a public street. Any loading dock or door shall be set back far enough from the right-of-way so that no portion of the right-of-way is occupied by trucks or other vehicles while loading or unloading. The location of the loading area shall not interfere with the free circulation of vehicles in the off-street parking area. No loading space shall be located so as to block access by emergency vehicles.

(2)

Size of Berths. The minimum required dimensions of loading spaces, open or enclosed, shall be twelve (12) feet in width by fifty-five (55) feet in length, with a minimum vertical clearance of fifteen (15) feet. Where tractor-trailer units will be using the facility, the minimum length shall be sixty-five (65) feet.

(3)

Paving Standards. The surface of all open off-street loading spaces shall conform to the requirements for off-street parking areas.

(4)

Loading Areas Design. The surface of all open off-street loading spaces shall conform to the requirements for off-street parking areas, in accordance with subsection (f)(2) of this section.

(j)

Driveways and Access.

(1)

Access Required. All required off-street parking shall be provided with driveway access to a public street or alley.

(2)

Minimum Driveway Width. Driveways shall be a minimum of ten (10) feet in width when serving one (1) dwelling unit, or fourteen (14) feet wide when serving more that one residence or another use such as a boarding house.

(3)

Corner Visibility. The following requirements are intended to provide an unobstructed view around the intersections of streets, alleys and driveways, promoting public safety and enhancing the quality of design at these intersections.

a.

A line of sight across corner lots must be preserved so as not to impair the view of a motorist at street intersections. Fences cannot exceed four (4) feet in height.

b.

Fence materials used within thirty-five (35) feet of the street corner must be at least ninety percent (90%) open and not obstruct the line of sight from a vehicle stopped at the intersection. In addition, the area within the triangle formed by the two (2) thirty-five-foot street sidelines must be kept free from bushes over two (2) feet high and tree branches lower than six (6) feet. All measurements are based from the adjacent curb elevation.

c.

The same requirements at alley intersections apply as at street corners, except the maximum fence height is six (6) feet and the sideline clear zone is fifteen (15) feet for each direction.

d.

Fences within fifteen (15) feet of the sides and fifteen (15) feet deep along the sides of a driveway shall not exceed four (4) feet in height and must be constructed with ninety percent (90%) of the fence area open to allow a clear view of traffic on the street.

(4)

Driveway and Access Design. The surface of each primary driveway and access shall conform to the requirements for off-street parking areas, in accordance with subsection (f)(2) of this section. No structure with a nonconforming driveway surface existing on or prior to July 22, 1997, shall be required to comply with this standard except in the case of reconstruction, substantial remodel, or change in use.

(Ord. No. 1130, 9-8-2009)

(a)

Applicability. This section is intended to ensure pedestrian access is available to serve uses that need and benefit from such access. Builders shall be required to construct sidewalks in accordance with the Cortez thoroughfare plan, on all streets with curb and gutter adjacent to their building sites in all zoning districts. No certificate of occupancy shall be issued until the requirements of this section are met. This requirement may be waived for residential estate developments upon recommendation of the planning commission.

(b)

Sidewalk Construction Standards. Sidewalks at least nine (9) feet in width shall be provided in the CBD, central business district; five (5) feet in width in the C, commercial highway district and in the NB, neighborhood business district; and four (4) feet in width in all other districts. The construction specification of sidewalks will conform to city specifications for streets on file with the city engineer and city clerk.

(a)

Fence Permit. Fences, hedges, and walls (all referred to as "fences") may be permitted in the yards of any zone. A fence permit must be obtained from the building official of the city prior to constructing any fence. The following information is to be provided to the building official for the fence permit:

(1)

Description of the type and manner of proposed fence construction;

(2)

A site plan of the lot showing property lines, building structures, streets and alleys, and the proposed fence location; and

(3)

Proposed height of the fence.

(b)

Fence Heights.

(1)

Maximum fence heights for any combination of fence materials within the city are as shown in the following table:

MAXIMUM FENCE HEIGHT

(c)

Fence Heights Exceptions.

(1)

Public utilities may exceed the specified height limit when required by industry codes or mortgage requirements. The building official shall be presented with copies of such codes or mortgage requirements prior to the approval of a fence permit.

(2)

Where houses on adjacent lots are constructed such that the front of one house faces the back of the adjacent house, then the maximum rear yard fence height shall be four (4) feet.

(d)

Property Line Determination. It shall be the responsibility of the property owner to locate all property lines. No fence may extend beyond or across a property line except with the written approval of the affected property owner.

(e)

Prohibited Fences. Sharp-pointed fixtures, barbed wire or electrically-charged fences shall not be permitted anywhere in the city; provided, however, that:

(1)

Public utilities shall be excepted from this provision when such fence features are required by industry regulations, standards or mortgage requirements.

(2)

Facilities in the I, industrial district shall be exempt from the requirements of this subsection.

(3)

Jail or correctional facilities shall be exempt from the requirements of this subsection.

(f)

Construction Within Rights-of-Way.

(1)

Any person constructing a fence on the city's public right-of-way may be required to relocate that fence in the future if a need arises for the public use of that right-of-way. Fences may not be built upon Colorado State Highway rights-of way.

(g)

Construction Requirements — Residential Uses.

(1)

Interior Lots. A fence may extend into the non-used portion of the city right-of-way to within five (5) feet of the existing curbline or to the back of an existing sidewalk. If neither a sidewalk nor curbing is present on the street, then the fence must be placed within, or on, the property lines facing the street.

(2)

Corner Lots at Street Intersections. Fences and walls shall be erected in accordance with the requirements of Section 5.02(j)(3) of this chapter, Corner Visibility.

(h)

Construction Requirements — Commercial Fences. Fence construction requirements for fences built in conjunction with commercial uses are the same as those listed above for residential use, except no fences may be located closer than ten (10) feet to the back of an existing curb. If no curbs exist in the street front, then the fence must be placed within the property line.

(i)

Construction Methods. All fence construction methods must be approved by the building official. When available, fences will be built according to manufacturer's recommendation.

(1)

For wood, chain-link, and other similarly constructed fences; the maximum post spacing will be ten (10) feet when no manufacturer's recommendation is available. The minimum depth of posts into the ground shall be eighteen (18) inches.

(2)

For block fences, column supports shall be a maximum of twelve (12) feet apart. The foundation requirements are piers the same dimensions, or larger, than the blocks under each column and extending at least thirty-two (32) inches below grade. A continuous footer, a minimum of six (6) inches deep by twelve (12) inches wide, with reinforcing bar shall be constructed between the piers and tied into the piers by reinforcing steel.

(3)

No fence shall be constructed in such a manner or be of such design, as to be hazardous or dangerous to persons or animals.

(a)

Purpose. This section is designed to provide standards for the installation and maintenance of landscaping, walls and screening devices so as to promote the general welfare of the community. This is accomplished by establishing a long-term, well-planned program of tree care and beautification for its citizens and visitors and the intent is to establish an attractive and healthy environmental setting within the community through a closely supervised treatment of tree care.

(b)

Applicability. This section shall pertain to lands owned by the city, to public rights-of-way within the city limits, to private landscaped open space areas along primary and secondary gateways, as well as to all commercial and industrial parking areas.

(c)

Authority. The city parks and recreation department shall have the power to promulgate rules, standards and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges, and other plants upon the right-of-way of any street, alley, sidewalk, or other public place in the city as well as commercial and parking areas as provided herein. Rules, regulations, and specifications promulgated by the parks and recreation department are subject to review and approval by the city council. For the purposes of this section the term "director of parks and recreation" means the director or his/her duly appointed representative.

(d)

Parks, Recreation, and Forestry Advisory Board. A board to be known as the "parks, recreation, and forestry advisory board" is created as an advisory board to the city council. The board shall consist of five (5) members. In addition to the parks, recreation, and forestry advisory board, an ex-officio board of advisors consisting of the following: a member of city council, a member of city staff, and a representative from the Colorado State Forest Service shall be appointed. The mayor, with the approval of council, shall appoint the board. No compensation shall be paid to members of the board. The duties of the board shall be:

(1)

To study, investigate, plan, advise, report, and recommend to city council any action, program, plan or legislation which the board shall find or determine to be necessary or advisable for the care, preservation, trimming, planting, removal, or disposition of trees and shrubs in public ways, streets and alleys;

(2)

To assist the city council and the citizens of Cortez in the dissemination of news, educational material and information regarding the selection, planting and maintenance of trees within the corporate limits, whether the same be on private or public property; and

(3)

To make such recommendations from time to time to the city council as to desirable legislation concerning the tree program and activities for the municipality, such as an annual Arbor Day program.

(e)

Tree Protection. It is declared unlawful for any person, not the owner hereof, or without lawful authority to do so, to injure, willfully deface, disfigure, or destroy any tree or shrub, or to injure, destroy, cut, or pick any vegetation located on any public place.

(f)

Disease Control. Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth, health, life, or well being of trees or plants in the city, or which is capable of causing an epidemic spread of communicable disease or insect infestation such as Dutch elm disease, the director of the parks and recreation department or his duly appointed representative, shall at once cause written notice to be served upon the owner of the property upon which such diseased tree is situated, which notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time, which time period shall be not more than thirty (30) days. If the owner, agent, or occupant of the property fails to comply within the time period specified, the city shall correct such condition and assess the cost of such correction to the owner or agent, and such costs shall constitute a lien against the property until paid.

(g)

Planting and Spacing. All street trees shall be spaced thirty (30) to fifty (50) feet apart. The director of parks and recreation shall approve specific spacing for all street trees. The distance trees may be planted from curbs, curb lines, sidewalks, sidewalk lines, and property lines will be in accordance with the species size at maturity.

(1)

Trees shall be centered in the space between the sidewalk and street. Approval for planting street trees must be obtained by permit from the director of parks and recreation.

(2)

No street tree shall be planted closer than twenty (20) feet from any street corner, measured from the point of nearest intersection curbs or curb lines.5.05

(3)

No street tree shall be planted closer than ten (10) feet from any fire hydrant.

(h)

Trimming. Any tree growing over a public alley, street, or highway, or so located as to extend its branches over a public alley, street, or highway, shall be trimmed by the owner, agent, or occupant of the property on which the tree stands so that there shall be a clear height of fourteen (14) feet above the surface of the street, alley, or highway, and eight (8) feet above the surface of the sidewalks unobstructed by the branches; such owner or agent or occupant shall remove all dead branches and stubs on such tree, or trees which are or may become a menace to travelers on public highways, streets, or alleys of the city.

(1)

Owner to Maintain or City to Correct Deficiencies at Owner's Expense.

a.

Any owner or occupant of any real property shall maintain all hedges and shrubbery adjacent to public sidewalks so that no part of such hedges or shrubbery shall extend over any part of a public sidewalk of the city.

b.

If a hedge, shrub, or its parts in any way cause a hindrance to the general public, or in any way endanger the security or usefulness of any public street, right-of-way, highway, alley, sewer, or sidewalk as determined by the director of parks and recreation, it is declared to be a public nuisance.

c.

If a tree or its parts in any way cause a hindrance to the general public, or in any way endanger the security or usefulness of any public street, right-of-way, highway, alley, sewer, or sidewalk as determined by the director of parks and recreation, it is declared to be a public nuisance.

d.

If the owner of such property does not correct or remove such nuisance within thirty (30) days after written notification by the director of parks and recreation, the director of parks and recreation shall cause the nuisance to be corrected or removed and the cost thereof shall be assessed to the owner or agent of the property in question and the costs shall constitute a lien on the property until paid.

(i)

Approved Tree Species. A list of recommended tree species for a variety of settings and uses shall be obtainable from the director of parks and recreation. The director of parks and recreation will also supply a list of trees not suitable for planting as street trees. No conifer trees shall be permitted to be planted between the sidewalk and the street as specified by the director of parks and recreation.

(j)

Utilities. No street trees other than those species of small trees approved by the director of parks and recreation may be planted in any city right-of-way under or within ten (10) feet of any underground waterline, sewer line, transmission line, or other utility. In addition it is encouraged that the same guidelines be followed for the planting of trees on private property.

(k)

Enforcement. The director of parks and recreation shall have the power to enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning, and protection of trees, shrubs, vines, hedges, and other plants upon the right-of-way of any street, alley, sidewalk, or other public place in the city.

(l)

Variances. The parks, recreation, and forestry advisory board, as established by the city, shall hear and decide requests for variances from the requirements of this section in accordance with the criteria of Section 6.17(c) of this code.

(m)

Commercial/Industrial Landscaping Requirements. The intent of requiring landscape treatment for open space is to improve the appearance and layout of commercial development in the community. These requirements shall apply to commercial development of vacant lands, as well as to new development on land where existing structures are removed to provide commercial development property. The CBD, central business district is exempt from these regulations.

(1)

Landscaping plans pertaining to city rights-of-way shall be submitted as part of the site development plans submitted with the building plans. In all cases where a project is subject to review by the planning and zoning commission, the director of parks and recreation shall provide a statement as to the conformance of the submitted plan.

(2)

Landscaping plans pertaining to commercial private property shall be submitted together with the site development plan in building permit process. They shall be processed concurrently.

(n)

Submission of Landscaping Plan. All landscaping plans shall contain the following information:

(1)

Location of existing improvements (curbs, gutter, sidewalk, building, etc.), and existing vegetation including all trees with a diameter of one and one-half (1.5) inches or greater.

(2)

Location of proposed structures, parking areas, circulation ways, pedestrian way, signs, and landscaping areas.

(3)

A minimum of 10% of the commercial area to be developed must be landscaped. A statement pertaining to percentages of lot coverage of building, parking areas and landscaping area.

(4)

A statement pertaining to preservation and disposition of existing vegetation.

(5)

Proposed landscaping showing the location, size, species and spacing of trees and shrubs and the identification of the type of ground cover or ground treatment in all areas not covered by building or pavement. Size, species, and spacing shall be by direct labeling or by a clearly understandable legend.

(6)

When phasing of the project is proposed, a phasing program for the landscaping may also be proposed.

(7)

Flower and shrub bed definition must be clearly indicated.

(8)

A schematic drawing of any proposed irrigation system.

(9)

Identification of the method of reclamation for repair of cut and fill areas and other landform disruptions caused by construction.

(10)

The owner, agent, or developer of the commercial property shall provide a written statement of the provisions being made for the maintenance and replacement of landscaping to include mandatory replacement of any vegetation, which dies within a one-year period from the time of planting. The director of parks and recreation shall approve the plan.

(11)

If wetlands are submitted as part of the landscaping plan, identification and delineation of these areas must be indicated on the site plan. The name and address of the consultant and any documentation for avoidance or minimization of impacts from development must accompany the submittal information.

(o)

Ground Cover Shall be Planted on Exposed Cut Areas. The proposed ground covers shall be approved by the director of parks and recreation and shall include various species that are selected for their ability to stabilize the slope and prevent erosion.

(p)

Parking Areas in Commercial or Industrial Developments.

(1)

Such parking area shall be adequately screened from contiguous residential uses by a fence, wall, earth berms, or trees and shrubs in combination. These screening materials shall not be less than three and one-half (3.5) feet above level or in a strip less than four (4) feet wide and shall be maintained in good condition at all times.

(2)

At least ten percent (10%) of the total parking area, including access ways, shall be devoted exclusively to landscaping with trees, shrubs, and ground cover which reduce the visual impact and assist in defining on-site traffic movement. This will be considered part of the total ten percent (10%) landscaping requirement.

(3)

A landscaping lighting plan shall be submitted with the site/development plan and landscape lighting shall not be directed towards any adjacent residential uses or public streets.

(q)

Landscape Plan Design Criteria.

(1)

All plant material must meet specifications of the American Association of Nurserymen (AAN) for No. 1 grade. Trees, as identified in guidelines promulgated by the city representative, shall be placed in the city rights-of-way at intervals no greater than fifty (50) feet on-center and be at least of a 1½′ caliper (minimum size).

(2)

In areas where commercial and/or industrial uses are proposed, landscaping shall be required within the city right-of-way (exclusive of area necessary for sidewalks which shall serve as a visual buffer to screen parking areas).

(3)

In areas where such a landscaping area is not available, cuts shall be made in the sidewalk for the placement of street trees. This will be considered part of the total 10% landscape requirement.

(4)

Where a city right-of-way border state-controlled roads, then landscaping requirements shall meet any state of Colorado requirements in addition to these regulations.

(5)

All plants must be sized according to the following table:

MINIMUM PLANT SIZES

(Ord. 1059, 2005)

(a)

Purpose and Intent. The purpose of these regulations is to encourage and promote a consistent and appropriate signage element for the benefit of the citizens as well as the business community. These regulations are not designed or intended to discourage or inhibit aesthetically pleasing signage design, materials, and placement.

(b)

Applicability. The following regulations shall govern the placement and construction of all outdoor advertising displayed within the city.

(c)

Permitted Signs. Signs listed in this section are permitted.

(1)

Permanent Signs. Permanent signs shall be regulated as follows:

a.

Contents. Identification by letter, numeral, symbol, or design of the uses-by-right of name, use, hours of operation, services and products offered, events and prices of products, and services.

b.

Sign Types. Wall, ground, roof, and projecting.

c.

Maximum Number of Signs.

1.

For a Lot Having But One Use-by-Right. Two (2) signs for each street front of the lot on which the use-by-right is located.

2.

For a Lot Having Two or More Uses-by-Right. One (1) sign for each of the uses-by-right located on the lot. For a use-by-right on a corner two (2) signs provided each sign is on a different surface.

d.

Maximum Sign Area—Unlimited. Signs shall not be limited in surface area when surface-painted on the exterior walls of the building, or when the surface of the sign protrudes not more than one (1) inch beyond the attachment method. Such attachment material shall extend no more than two (2) inches, for an overall projection of not more than three (3) inches from the surface of the exterior wall.

1.

Lot With One Use-by-Right. One (1) square foot of sign area for each linear foot of street front of the lot; provided, however, that in computing the area of such signs, the measurement of not more than two (2) front lines, one contiguous with the other shall be used; and provided that no single sign shall exceed two hundred (200) square feet in area nor shall the total sign area of any one use exceed six hundred (600) square feet.

2.

Lot With Two or More Uses-by-Right. For each use-by-right the calculation shall be figured as follows: The linear street frontage of the lot the building is located on shall be divided proportionately among the users, based on the users linear front feet, provided that no single sign shall exceed two hundred (200) square feet in area nor shall the total sign area for all of the uses-by-right exceed six hundred (600) square feet.

3.

Structures and Uses With No Direct Frontage On Public Rights-of-Way, and Two or More Uses-By-Right. A sign may be installed as long as it is reviewed and approved by the zoning administrator.

e.

Maximum Height Above Grade.

1.

Wall signs shall not exceed the height of the building.

2.

Ground and roof signs shall not have their highest point more than twenty-five (25) feet above grade.

f.

Location and Clearance.

1.

Ground signs shall not protrude over any public right-of-way. On a corner, ground signs shall be at least ten (10) feet back from each boundary line on that lot which it is located, provided that a clear area be maintained to a height of eight (8) feet above public right-of-way.

2.

Wall signs shall be located so that a clear area to a height of eight (8) feet above grade shall be maintained.

3.

Ground signs may be less than eight (8) feet in height if adequately protected by plants, landscaping, benches, etc., and the signs do not impair the vision of vehicular or pedestrian traffic.

4.

Projecting signs shall be a minimum height of eight (8) feet above ground level. The sign shall not extend more than six (6) feet over the public right-of-way and it shall not be higher than four (4) feet above building face of the building, but in any case is not to exceed twenty-five (25) feet in height above grade.

g.

Illumination. Permitted signs may be illuminated, but shall not exceed twenty-five (25) watts per bulb for incandescent lighting, nor one hundred eighteen (118) watts per bulb for fluorescent lighting.

h.

Ground Signs. Ground signs will be allowed in the commercial district (C) and the central business district (CBD).

i.

National Electric Safety Code. All permitted signs must be in compliance with the National Electric Safety Code.

(2)

Temporary Signs. All temporary signs shall comply with the standards in this section.

a.

Purpose. To announce the sale or leasing of a property or building; public events to be held; the builder or tenant of a proposed building or property; or election campaigns.

b.

Maximum size: thirty-two (32) square feet per sign.

c.

Maximum height: twelve (12) feet.

d.

Number: one for each street frontage upon which the property faces, and so placed that only one sign faces each street.

e.

Type and location:

1.

Wall Signs. Set back from the boundary lines of the lot on which it is located, the same distance as a structure containing a use-by-right provided, however, wall signs may project into the required setback space eight (8) inches.

2.

Ground Signs. Set back ten (10) feet from the boundary lines of the lot on which it is located, provided that a clear area be maintained to a height of eight (8) feet.

f.

Illumination and Animation. None.

g.

Time Limit. Six (6) months maximum, with four (4) successive renewals each of six (6) months duration at the same location upon application. Once the purpose for which the sign has been erected has been fulfilled, the permit shall be deemed void.

h.

Traffic control signs erected by proper authority shall be exempt from these regulations.

i.

Pennants, banners, and posters may be erected advertising a special civic event. Such items may be erected two (2) weeks prior to the opening of the event advertised, and must be removed promptly following termination of the event. Banners and pennants erected under this clause may exceed the normal size limitation for temporary signs. Pennants, banners, and posters visible from any state highway must also be approved by the State Department of Highways.

(3)

Billboards.

a.

Size. The size of a billboard shall not exceed one hundred twenty-eight (128) square feet.

b.

Contents. Any billboard located in the city shall identify local goods, services, and commodities available and specify where such can be obtained.

c.

Annual Permits. The owner of each billboard shall apply annually, before March 31, for a current year permit. The city building department shall determine that such billboard is being maintained in a structurally complete and sound condition and that the display surface and materials of the sign are in good repair by determining that the information is clearly visible to the consuming public.

d.

Maximum Heights and Widths. No billboard shall exceed a maximum height of twelve (12) feet nor a maximum width of sixteen (16) feet.

e.

Height Above Grade. The base or bottom of any billboard shall not exceed a height of one (1) foot above the grade of any adjoining highway or street right-of-way at its point closest to the billboard.

(4)

Historic Preservation.

a.

Purpose. Notwithstanding any other provision of this code, the city council retains the right to designate any number of signs within the CBD, central business district and the C, commercial highway district as historic signs. Any sign so designated shall be exempt from the nonconformance provisions of this code for so long as the historic sign: is not altered or enlarged, and is maintained in safe and satisfactory condition. Subject to conformance with height and clearance provisions, designated historic signs may be reattached to a different part of the building face without penalty. Should any of these conditions occur, the historic sign designation shall cease, and said sign shall be subject to the provisions of Section 1.08(c), Nonconforming Signs, of this code.

b.

Application. Any business or property owner within the CBD, central business district and the C, commercial highway district may request designation as a historic sign. An application in the form approved by the city clerk shall be used. The application shall be submitted, accompanied by letters of support from at least three (3) other business or property owners within the CBD or C district. Such letters of support shall reference: the period of time which the sign has been in use, the unique characteristics of the sign that contribute to the central business district or commercial highway district; the history or upkeep and repair of the sign; the historic value of the sign; and, such other factors as may be deemed important.

c.

Review and Approval. Once the application has been accepted by the city clerk as being complete, it shall be referred to a reviewing body, which shall be the planning and zoning commission unless the city council by resolution appoints a separate body to review historic sign applications. Members of the historic preservation board may appear before the reviewing board and participate in the review process. The reviewing body shall meet and make a recommendation within forty-five (45) days after the receipt of an application. At its discretion, the reviewing body may hold hearings, conduct research and take testimony if deemed necessary to make a recommendation. In making its recommendation, the reviewing body shall consider the period of time which the sign has been in use, the unique characteristics of the sign that contribute to the CBD, central business district or the C, commercial highway district; the history of upkeep and repair of the sign; the historic value of the sign; and, such other factors as the reviewing body deems important. The reviewing body shall make a recommendation to city council within forty-five (45) days of review of the application. The city council shall either approve or reject the recommendation by motion made and adopted at any regular or special meeting following receipt of the recommendation.

d.

Historic Designation Provisions and Review of Alterations. Any proposed changes that alter the appearance of a historic sign shall undergo a review process by the historic preservation board. The board shall determine if the alteration is compatible with the historic designation and with the review criteria as outlined in Section 6.19(h). Compliance with the review criteria shall be mandatory for any signs designated as historic after the adoption of Ordinance No. 1140, Series 2010. Compliance with the review criteria for signs designated as historic prior to the adoption of said ordinance shall be voluntary; however any alterations to historic signs that are not in keeping with the review criteria may be subject to revocation of designation. Notwithstanding, repairs and mechanical upgrades to a historic sign may be approved by the department of planning and building, in the interest of public safety. In the event that the advertised business closes, any signs designated as historic may be allowed to remain on the building. Nothing in this section, however, shall prohibit subsequent property owners from applying for a sign permit to advertise for a new business. Such sign permits shall be issued by the department of planning and building on a case-by-case basis.

e.

Revocation of Designation. If a special feature on a designated sign has been altered in such a way so as to negate the features necessary to retain designation, or if the designated historic sign has been removed from view of the public, the owner may apply to the board for a revocation of the designation or the board shall authorize revocation of the designation in the absence of the owner's application to do so.

(d)

Prohibited Signs. Prohibited signs are signs which:

(1)

Contain statements, words, or pictures of an obscene, indecent or immoral character;

(2)

Are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hides from view any traffic or street sign or signal;

(3)

Have a moving part or are portable or wheeled; or

(4)

Contain or consist of ribbon streamers, strings of light bulbs, spinners, or other similarly moving devices.

(5)

Advertises or acts as a location or identification sign for a business that has not been in operation for thirty (30) days. The property owner will be fully responsible for the removal of these obsolete signs if not removed by the tenant.

(e)

Sign Area Measurement.

(1)

Area to be Measured. The area of a sign shall be measured in conformance with the regulations as herein set forth, provided that the structure or bracing of a sign shall be omitted from measurement unless such structure or bracing is made part of the message or face of the sign. Where a sign has two (2) or more display faces, the area of one (1) face shall be used in determining the area of the sign.

(2)

Computations. The area of signs with or without backing shall be computed by enclosing, with the smallest single continuous perimeter, all backing, background, material, letters, numbers, or emblems which are part of the overall display.

(f)

Permits. It is unlawful to erect, construct, reconstruct, alter, paint, or repaint, or change the use of any permitted sign as defined in this section without first obtaining a sign permit.

(1)

Exceptions. Certain types of signs shall be exempt from the regulations of this section (see Section 2.02 of this code, Definitions): public, directional, occupant, memorial, bulletin, signs in the display window, professional, real estate, signs within buildings, political, and garage sale signs, and wall signs which have less than three (3) square feet of display area.

(2)

Sign Permit Procedures and Fees. For all sign permits required, an application shall be submitted and a fee shall be charged to cover the costs of inspection and administration (see Section 6.21 of this code).

(Ord. 1113, 2008; Ord. 816 §§ 1, 2, 1996)

(Ord. No. 1129, 9-22-2009; Ord. No. 1140, 5-25-2010)

(a)

Applicability. All uses in any district of the city shall conform in operation, location and construction to the subjective performance standards herein specified so that the public health, safety and welfare will be protected.

(b)

Exemption. The following are exempt from the performance standards of this section:

(1)

Temporary construction, excavation and grading associated with development for which applicable permits have been issued and with the installation of streets or utilities; and

(2)

Demolition activities that are necessary and incidental to permitted development on the same lot, on another of several lots being developed at the same time or in the public right-of-way or easement.

(c)

General. The location, size, design and operating characteristics of all uses shall minimize adverse effects, including visual impacts, on surrounding properties; and

(d)

Noise. At no point on the bounding property line of any use in any district shall the sound pressure level of any use, operation or plant produce noise of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, bounding property line shall be interpreted as being at the far side of any street alley; stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two (2) parcels of property shall be interpreted as the bounding property line.

(e)

Smoke and Particulate Matter. No operation or use in any district shall at any time create smoke and particulate matter that, when considered at the bounding property line of the source of operation creates a nuisance or distracts from the use and enjoyment of adjacent property.

(f)

Odorous Matter. No use shall be located or operated in any district that involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located. The odor threshold shall be the concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person.

(g)

Fire and Explosive Hazard Material.

(1)

Explosives. No use involving the manufacture or storage of compounds or products that decompose by detonation shall be permitted in any district, except that chlorates, nitrates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire marshal as not presenting a fire or explosion hazard.

(2)

Flammables. The storage and use of all flammable liquids and materials (e.g., pyroxylin plastics, nitrocellulose film, solvents and petroleum products) shall be permitted only when such storage or use conforms to the city's standards and regulations.

(h)

Toxic and Noxious Matter. No operation or use in any district shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter that will exceed the threshold limits set forth by the Colorado Department of Health.

(i)

Vibration. No operation or use in any district shall at any time create earth borne vibration that, when considered at the bounding property line of the source of operation creates a nuisance or distracts from the use and enjoyment of adjacent property.

(j)

Open Storage. No open storage of materials or commodities shall be permitted in any district except as an accessory use to a main use located in a building in an I or PUD industrial district. No open storage operation shall be located in front of a main building. No wrecking, junk, or salvage yard shall be permitted as a storage use in any district.

(k)

Glare. No use or operation in any district shall be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.