A.

Recognize that signs are a necessary means of visual communication for the convenience of the public and ensure the right of those concerned to use signs to identify businesses, services and other activities.

B.

To provide flexibility within the sign review and approval process to allow for unique circumstances and creativity and to limit the use of signs that are accessory and incidental to the premises where such signs are located.

C.

Provide a reasonable balance between the right of an individual to identify his or her business and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices.

D.

Protect the public from damage or injury caused by signs that are poorly designed, constructed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs.

E.

Ensure that signs are well-designed and contribute in a positive way to the city's visual environment, express local character and help create a distinctive image for the city.

F.

Encourage signs that are responsive to the aesthetics and character of their particular location, uses and the surrounding neighborhood. Ensure that signs are compatible and integrated with the building's architectural design and with other signs on the property and appropriate for the type of street on which they are located.

G.

Bring nonconforming signs into compliance with these regulations.

H.

Eliminate abandoned and/or obsolete signage.

(Ord. 962 §§1, 2, 2007)

A.

For the purpose of this chapter, certain words and phrases used in this chapter are defined as follows:

Abandoned sign means any sign on which is advertised a business that is no longer licensed, no longer has a certificate of occupancy or is no longer doing business at that location and such circumstances have continued for a period of more than thirty (30) consecutive days.

Address sign means any sign containing the name and address of a building and, for nonresidential buildings, may include the hours of operation and emergency information, such sign being located on the same site as the structure.

Advertising sign means any form of public announcement intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment.

A-frame or sandwich sign means a portable sign which is ordinarily in the shape of an "A" or some variation thereof.

Animated sign means any sign which includes action, motion, the optical illusion of action or motion or color changes of all or any part of the sign facing, requiring electrical energy or set in motion by movement of the atmosphere, or a sign made up of a series of sections that turn and stop to show two (2) or more pictures or messages in the copy area. In order to accommodate changes in technology, but to prevent such changes from creating distractions to the motoring public, animated signs shall include electronic reader boards unless the message changes instantaneously, without scrolling, and at a frequency of greater than one (1) minute between messages.

Announcement means any sign announcing a special event unrelated to the business in which the sign is placed.

Area of copy means the entire area within a single, continuous perimeter composed of squares or rectangles, which enclose the extreme limits of the advertising message, announcement or decoration on a fascia or wall sign.

Area or surface area of signs means the square foot area enclosed by a rectangle, parallelogram, triangle, circle, semicircle or other geometric figures or other architectural design, the sides of which make contact with the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper or of the display. The area of a sign composed of characters or words attached directly to a large, uniform building wall surface shall be the smallest rectangle, triangle, circle, parallelogram or other geometric figure or other architectural design, which encloses the whole group of words or characters.

Attached sign means any sign attached to, on or supported by any part of a building (e.g., walls, integral roof, awning, windows or canopy) which encloses or covers usable space.

Awning means a shelter, projecting from the exterior wall of a building and composed of nonrigid material, except for supporting framework.

Banner mean any sign of lightweight fabric or similar material that is mounted to a pole, a wall or a building at one (1) or more edges. Flags shall not be considered banners.

Beacon means a stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies.

Bench/bus shelter sign means a sign drawn, painted, printed or otherwise affixed to a bench or bus shelter.

Building code means the building code, as adopted and modified by this jurisdiction.

Building name, date of construction and historical markers mean signs or tablets displaying the names of buildings and dates of erection when cut into masonry surfaces or constructed of bronze or other incombustible materials mounted on a solid base or one (1) or more uprights.

Building official means the local government official or his or her designee responsible for the administration, interpretation and enforcement of the building codes of the local government.

Bulletin ornotice board means a sign of permanent character, but with removable letters, words, numerals or symbols, indicating the names of persons associated with, or events conducted upon or products or services offered upon, the premises upon which such sign is maintained.

Business establishment means any individual person, nonprofit organization, partnership, corporation, other organization or legal entity holding a valid occupational license and occupying distinct and separate physical space.

Business frontage means the length of the property line of any one (1) premises parallel and along each public right-of-way it borders.

Business hours sign means any sign displaying operating hours of a business.

Central business district means the Commercial Downtown zone district.

Canopy or awning sign means any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.

Changeable message sign means a portion of a sign which message copy is changed manually or automatically in the field through the utilization of attachable letters, numbers, symbols and other similar characteristics.

Construction sign means any sign giving the name of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

Copy ortext means the words or message displayed on a sign.

Deceptive sign means any sign which is erroneous and/or misleads the public.

Directional sign means any sign which exclusively contains information providing direction or location of any object, place or area, including but not limited to those signs indicating avenues of ingress and egress.

Display surface means the area made available by the sign structure for the purpose of displaying the advertising copy.

Distance of sign projection means the distance from the exterior wall surface of the building to the outer extremity of a sign attached to a building.

Door sign means a sign painted, printed, attached, glued or otherwise affixed to a door.

Double-faced sign means a sign which has two (2) display surfaces backed against the same background, one (1) face of which is designed to be seen from one (1) direction and the other from the opposite direction, every point on each face being either in contact with the other face or in contact with the same background.

Enterprise districts means the Commercial Downtown (CD), Community Commercial (C-2), Light Industrial (I-1) and Heavy Industrial (I-2) zone districts.

Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs.

Exempt signs means all signs for which permits are not required, but which must, nonetheless, conform to the other terms and conditions of this code.

Exterior wall surface means the most exterior part of a wall, sun screen or any screening or material covering a building.

Flag means any fabric, banner or bunting containing distinct colors, patterns or symbols, used as a symbol of a government, political subdivision, corporation, business or other entity.

Flashing sign means any directly or indirectly illuminated sign, either stationary or animated (excluding automatic changing signs), which exhibits changing natural or artificial light or color effects by any means whatsoever.

Freestanding sign means any sign supported by structures or supports that are placed on or anchored in the ground and that are independent of any building or other structure.

Garage sale sign means any sign advertising a garage sale or any other temporary sale at a residence.

Good condition means a sign that is not decayed, insecure, lacking any part or portion thereof or is otherwise safe and any painted copy is well-maintained.

Grade means the average elevation of the ground at the common boundary line of the street, and the property or sidewalk and property lines.

Ground level sign means the level of finished grade of a parcel of land, exclusive of any filling, berming, mounding or excavating, solely for the purpose of locating a sign. Ground level on marina docks or floating structures shall be the finish grade of the landward portion of the adjoining parcel.

Hanging sign means any sign suspended from or supported by a building or wall which projects at a perpendicular angle therefrom or any sign suspended under a marquee, porch, walkway covering or similar covering structure.

Hazard sign means a temporary or permanent sign erected by the city, public utility companies, oil and gas companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices.

Height means the vertical distance measured from the ground level nearest the base of the sign to the highest point of the sign.

Highway or state highway sign means any road on the state highway system, as defined in Section 43-2-101, C.R.S.

Historic place sign means any sign indicating the historical significance of a site or structure. Such sign shall be no larger than three (3) square feet.

Identification sign means any sign which indicates no more than the name, address, company logo and occupation or function of an establishment or premises.

Illegal sign means a sign which contravenes this chapter or which the city may declare as unlawful if it becomes dangerous to public safety by reason of dilapidation or abandonment, or a nonconforming sign for which a permit required under a previous ordinance was not obtained.

Indirect lighting means a source of external illumination located a distance away from the sign, which lights the sign, but which is itself not visible to persons viewing the sign from any normal position of view.

Internal lighting means a source of illumination entirely within the sign which makes the contents of the sign visible by means of the light transmitted but wherein the source of illumination is not visible.

Maintenance means the replacing, repairing or repainting of a portion of a sign structure, periodically changing changeable copy or renewing copy which has been made unusable by ordinary wear, weather or accident.

Marquee sign means a sign attached to, painted on, erected against or extending from a marquee.

Memorial sign means a sign, plaque or grave marker which is noncommercial in nature.

Multiple-tenant building means a building where more than one (1) business is serviced by a common entrance, and where such businesses may be located above the first story or otherwise be without frontage on a public right-of-way.

Multi-use building means any nonresidential building with more than one (1) separately owned or operated business, tenant or enterprise in it.

Nonconforming sign means any sign that does not conform to the requirements of this chapter.

Obsolete sign means any sign which is obsolete in terms of identifying a business, service, attraction or event which no longer exists or applies.

Official sign (public sign) means any sign required or authorized for any public purpose to meet the needs of public information, health, safety and welfare. Where applicable, such sign shall not exceed three (3) square feet. An official sign shall not advertise a commercial business.

Off-premises sign means any sign identifying or advertising a product, business, person, activity, condition or service not located or available on the same zone lot where the sign is installed and maintained.

On-premises sign means any sign which identifies a use or business or advertises a product for sale or service to be rendered on the zone lot where the sign is located.

Openandclosedsign means any sign indicating that a business is open or closed.

Parking sign means any sign indicating parking or directing vehicular traffic into a parking area.

Permanent sign means any sign made of a durable material affixed, lettered, attached to or placed upon a fixed, nonmovable, nonportable supporting structure.

Person means any individual, corporation, partnership, association or organized group of persons, whether incorporated or not, and any government, governmental subdivision or agency thereof.

Political sign means any sign which constitutes a political advertisement the primary purpose of which is related to the candidacy of any person for public office or any issue which has been submitted for referendum approval.

Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted from A-frames; menu and sandwich board signs; balloons and other inflatables; and umbrellas used for advertising.

Premises means the central, actual physical location where an activity is routinely conducted. The premises include the primary structures, parking facilities and private roadway if they are necessary to the principal activity.

Private roadway means an established access approach to the public way for only the individual or private entity or a single business operated by that individual or private entity that owns in fee the land over which the road passes and is not maintained by a public entity.

Prohibited sign means any sign not permitted within the city limits.

Projecting sign means any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall.

Property means an area of land under one (1) ownership that is not severed by land owned by another, nor severed by a public roadway.

Public information sign means a sign which identifies restrooms, public telephones or provides instructions as required by law or necessity. This category shall be interpreted to include such signs as "no smoking," "rest rooms," "no solicitors," "self-service" and similar information.

Public roadway means any road that is not a private roadway.

Real estate sign means any sign advertising for sale, rental or lease of the particular structure or land area upon which said sign is located. Such sign shall not exceed six (6) square feet per side per residential property and thirty-two (32) square feet per central business or enterprise district property. Dimensions in the MU District will be six (6) square feet per residential property and thirty-two (32) square feet per multi-family (four [4] or more dwelling units) or commercial property.

Recognized community-based nonprofit or civic organization shall mean any organization that qualifies as tax exempt as set forth in the IRS (Internal Revenue Service) Code.

Regulatory sign means a sign erected on private property, such as "no trespassing" signs.

Residential zone means the Rural Residential (RR) zone district, Residential Low Density (RLD) zone district, Residential Medium Density (RMD) zone district, Residential High Density (RHD) zone district and Residential Mobile Home (RMH) zone district.

Right-of-way means any parcel or portion of land which allows for public pedestrian or vehicular access thereupon.

Roof line means the highest point on any building where an exterior wall encloses usable floor area, including roof area provided for housing mechanical equipment.

Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure. Integralroofsign means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. Any integral portion of the roof shall not extend more than five (5) feet above the structural roof.

Sale, lease or rent sign means any sign advertising the sale, rental or lease of premises, or part of the premises, on which the sign is displayed.

Sales or auction sign means a sign that is placed temporarily to advertise a special sales event.

Searchlight means an apparatus containing a light and/or reflector for projecting a strong, far-reaching beam greater than two hundred (200) feet in any direction.

Sign means any device, fixture, placard or structure that uses any color, form, graphic, illumination, architectural style or design or writing to advertise, attract attention, announce the purpose of or identify the purpose of a person or entity, or to communicate information of any kind to the public. Sign includes sign structure.

Sign face means the part of the sign that is or can be used to identify, display, advertise, communicate information or for visual representation which attracts or intends to attract the attention of the public for any purpose.

Sign permit means a permit issued for the erection, construction, enlargement, alteration, moving or conversion of any sign listed in Section 16.07.060 and issued pursuant to the building and electrical codes as currently adopted.

Sign structure means any structure which is designed specifically for the purpose of supporting a sign, has supported or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports or components attached to or placed around the sign structure.

Special event sign means any temporary or nonpermanent sign advertising or pertaining to any civic, patriotic or special event of general public interest.

Subdivision sign means a sign which contains only the name of a platted subdivision or other residential development.

Temporary sign means any sign, except real estate signs, which is not permanently affixed, including all devices such as banners, pennants, sandwich-board-type signs, sidewalk or curb signs and balloons or other air-filled or gas-filled figures.

Temporary window or building sign means a sign painted on the interior of a window or constructed of paper, cloth or other like material and attached to the interior side of a window or displayed on the exterior of a building wall in order to direct attention of persons outside the building to a sale of merchandise or a change in the status of the business.

Time and temperature sign means a sign which displays the current time or outdoor temperature or both, and which does not display any commercial advertising or identification.

Traffic control/directional sign means a sign used to direct and control pedestrian or vehicular traffic and located on the same lot or premises as the use which it is intended to serve. For traffic safety reasons, a directional sign shall not display an advertising message, business name, business function or other business identity.

Two-sided sign means any sign with two (2) identical faces, connected so as not to exceed a forty-five-degree angle.

Vacancy and No Vacancy sign means any sign posted by a place of lodging to indicate availability of rooms.

Vehicle sign means a sign attached to or placed on a vehicle, including automobiles, trucks, boats, campers and trailers, that is parked on or otherwise utilizing a public right-of-way, public property or on private property so as to be intended to be viewed from a vehicular right-of-way for the basic purpose of providing advertisement of products or services or of directing people to a business or activity. This definition is not to be construed to include those signs that identify a firm or its principal products on a vehicle or such advertising devices as may be attached to and within the normal unaltered lines of the vehicle of a licensed transit carrier, when and during that period of time such vehicle is regularly and customarily used to traverse the public highways during the normal course of business.

Wall sign means a sign which is painted on, fastened to or erected against the wall of a building with its face in a parallel plane to the plane of the building facade or wall.

Wind sign means any sign inflated by or displayed by wind or air movement.

Window sign/display sign means a sign or display located on a window or within a building or other enclosed structure, which is visible from the exterior through a window or other opening.

(Ord. 962 §§1, 2, 2007)

Except as otherwise specifically provided in this chapter and by the variance procedure, the following provisions apply in all zones and for all signs:

A.

For the purpose of public safety, no sign shall be permitted which may obstruct visibility in any direction at all intersections of streets, alleys and/or driveways.

B.

No signs shall be allowed which advertise activities that are illegal under federal, state, county or city laws.

C.

No signs shall be painted upon retaining walls, rocks or natural features.

D.

If any provision of this chapter conflicts with any other adopted city code regulating signs, the more restrictive shall govern.

E.

Prohibited signs. The following signs shall not be allowed:

1.

A sign which copies or imitates or in any way approximates an official highway sign, or any sign which obscures a sign displayed by a public authority for the purpose of attempting to direct the movement of traffic.

2.

Flashing, rotating, blinking or moving signs, animated signs, signs with moving, rotating or flashing lights or signs that create the illusion of movement, except for time and temperature devices.

3.

Signs which are obsolete in terms of identifying businesses, services, attractions or events which no longer exist or apply are prohibited after thirty (30) days of discontinuance of the business, service, attraction or event. Business or property owners and lessees, managers or agents are responsible for the removal of obsolete signs.

4.

A sign which obstructs any window or door opening used as a means of egress or prevents free passage from one (1) part of a roof to any other part thereof. A sign which interferes with an opening required for legal ventilation and/or public safety.

5.

Any sign suspended from balloons, inflatable freestanding signs, wind signs and tethered balloons over three (3) feet in diameter. Signs attached directly to or painted on the balloon surface shall be considered temporary signs.

6.

Searchlights are prohibited in all zones.

7.

Mechanical or electrical appurtenances, such as revolving beacons, that are designed to compel attention.

(Ord. 1004 §1, 2010; Ord. 962 §§1, 2, 2007)

Signs will be reviewed by the city's building department according to the following criteria:

A.

The sign conforms to the requirements of the building and electrical codes as currently adopted.

B.

The sign conforms to the size, height, material and location requirements of the zone district in which it will be located.

C.

The sign would not interfere with pedestrian or vehicular safety.

D.

The sign would not detract from the character of an architecturally significant or historic structure.

E.

The sign would not be located so as to create confusion or have a negative impact on adjacent properties.

F.

The sign would not detract from the pedestrian quality of a street or area.

G.

The sign would not add to an over-proliferation of signs on a particular property or area.

H.

The sign design includes concealed utilities and appropriate landscaping.

I.

Rights-of-way and adjacent properties are shielded to prevent light pollution from illuminated signs.

J.

All signs and supporting structures are to be maintained in a good state of appearance and repair. Business or property owners are responsible for the maintenance of their signs.

K.

All permits for signs must be obtained by a licensed contractor, unless the sign measures less than sixteen (16) square feet and is not illuminated.

(Ord. 962 §§1, 2, 2007)

Signs not requiring permits shall not be considered in calculating the total area of signs under the provisions of Section 16.07.060 below.

A.

Each residence or business may erect, maintain and display the following signs without a permit:

1.

Garage sale signs;

2.

Historic place signs;

3.

Official signs;

4.

Political signs;

5.

Real estate signs; and

6.

Address signs.

B.

The following signs may be erected and maintained, subject to the stated restrictions and without a permit, in the central business and enterprise districts and at commercial properties in the MU District:

1.

Announcements. Shall be located in, or in close proximity to, a door or window, and the area of the sign shall not exceed a total of six (6) square feet.

2.

Business hours signs. Shall have a maximum allowable size of four (4) square feet.

3.

Credit card signs. Shall be displayed only on the window or entrance of the business in the central business district, and shall not exceed a total of two (2) square feet.

4.

Open and Closed signs. Shall have a maximum allowable size of four (4) square feet.

5.

Parking signs. The maximum allowable number is two (2) at each access to the parking area. The total maximum area of the sign shall be six (6) square feet per entrance.

6.

Window signs.

a.

Location. Excluding temporary signs and announcements, no more than two (2) signs subject to a permit shall be allowed in each window or door.

b.

Size. The total sign area shall not exceed twenty-five percent (25%) of an individual window.

C.

Temporary signs.

1.

Location. Shall be displayed within window areas or on walls located along business frontage, or freestanding.

2.

Size. Sign area shall not exceed sixteen (16) square feet per side.

3.

Number. Shall be limited to one (1) per twenty (20) lineal feet per side.

4.

Height. Shall not exceed four (4) feet in height measured from grade to the highest point on the sign or sign structure.

5.

Duration. Shall not be displayed for more than two (2) months.

(Ord. 962 §§1, 2, 2007)

Signs subject to permits are as follows in this section:

A.

All signs not cited under Section 16.07.050 above, including all off-premises signs located in the central business and enterprise districts and subject to the following provisions:

1.

Total number.

a.

For a business with a single frontage, the total number of signs subject to permit shall not exceed three (3) per business, excluding temporary and off-premises signs.

b.

For a business with more than one (1) frontage, the total number of signs subject to a permit shall not exceed four (4) per business, and shall not exceed two (2) signs per frontage, excluding temporary and off-premises signs.

2.

Area.

a.

Sign area per business shall be allotted on the basis of two (2) square feet of sign per one (1) foot of business frontage for the street level business or five hundred (500) square feet maximum, whichever is less. For all other levels, the sign area shall be allowed on the basis of one (1) square foot of sign per one (1) foot of business frontage, or fifty (50) square feet maximum, whichever is less.

b.

The sum of the areas of all window, wall, hanging and freestanding signs for a business shall not exceed the maximum sign area allocated to that business.

3.

Type. The following signs are allowed, subject to the stated restrictions:

a.

Freestanding signs.

1)

Location. No part of the sign shall encroach in the right-of-way but shall be set back from the property lines a minimum of two (2) feet.

2)

Size. Shall be in accordance with the frontage ratio in this subsection.

3)

Height. Shall not exceed thirty-five (35) feet in height measured from grade to highest point on sign or sign structure.

4)

Number. Shall be limited to two (2) on-premises signs per business.

b.

Hanging signs.

1)

Location. Shall not extend outward more than five (5) feet from the building wall and shall be set back a minimum of two (2) feet from all property lines, except in the central business district where the setback shall be at least four (4) feet six (6) inches from the back of the curb.

2)

Size. Sign area shall not exceed twenty-four (24) square feet per side (exclusive of brackets).

3)

Clearance. Minimum clearance is eight (8) feet from grade to the bottom of the sign.

4)

Number. Shall be limited to one (1) per business. (One [1] sign may have two [2] sides.)

5)

Liability. If a hanging sign is in the right-of-way, the business or property owner shall assume full liability for any damages incurred due to the positioning of the sign. The business or property owner shall be required to agree to this condition in writing before a permit is issued.

c.

Awnings.

1)

Shall not be counted as signs.

2)

Copy (in addition to the allowable sign area under the frontage ratio in this subsection) may be applied to the awning surface; however, this additional copy may not increase the allowable sign area by more than twenty-five percent (25%). This calculation for additional sign area shall include only the immediate area of the copy and not the whole surface of the awning.

d.

Roof signs.

1)

Size. Shall be in accordance with the frontage ratio in this subsection.

2)

Number. Shall be limited to two (2) signs.

3)

Height. Shall not exceed thirty-five (35) feet in height measured from grade to the highest point on the sign or sign structure.

e.

Wall signs.

1)

Location. On the wall area visible from the right-of-way. Signs shall be located a minimum of one (1) foot inward from perimeter edges of walls and shall not project outward from walls more than ten (10) inches.

2)

Size. Shall be in accordance with the frontage ratio in this subsection.

B.

Signs in residential zones. Any sign in any residential zone, except for those listed in Section 16.07.050 above, shall require a permit. Any sign requiring a permit in a residential zone must be approved by the planning commission. Signs will be approved by the planning commission only if they are judged to be compatible and necessary and to serve the purposes of this chapter. Specific criteria for signs in residential areas include:

1.

Location. No part of the sign shall encroach in the right-of-way but shall be set back from the property lines a minimum of two (2) feet.

2.

Height limitation. No sign shall exceed eight (8) feet in height.

3.

Home occupation signs. All signs must be attached to the residence.

4.

Lighting. Unshielded light sources shall not be directly visible from surrounding properties, and all lighting shall be subdued.

5.

Number.

a.

Home occupation: one (1) only.

b.

All others: two (2) only.

6.

Size.

a.

Home occupation signs shall be a maximum of three (3) square feet.

b.

Signage for community facilities, such as churches, schools, hospitals, fire and police stations, shall be a maximum of thirty-two (32) square feet.

c.

Identification signs for condominiums, townhouses, apartment buildings and residential subdivisions shall be a maximum of fifty (50) square feet.

d.

All others shall be a maximum of six (6) square feet.

C.

Off-premises signs.

1.

Only freestanding signs are permitted as off-premises signs. The total area of all off-premises signs per business shall not exceed one hundred fifty (150) square feet.

2.

No business establishment shall erect, install or maintain more than two (2) off-premises signs within the city limits.

3.

Off-premises signs are permitted only in the enterprise district.

4.

No off-premises sign shall be closer than one hundred fifty (150) feet from existing off-premises signs along the same street frontage.

5.

Exceptions to the off-premises sign restrictions may be granted by the planning commission and city council for any nonprofit, charitable or government agency after review of a sign plan showing the number, size, location and duration of proposed signs. No fee will be required for this request.

D.

Multi-use buildings. Signage is allowed for nonresidential buildings housing more than one (1) separately owned or operated business, enterprise or tenant. Signs for multi-use buildings are subject to the following provisions:

1.

Area. Sign area per building frontage on the street level shall be allotted on the basis of two (2) square feet of sign per one (1) linear foot of building frontage. For all other levels, the sign area shall be on the basis of one (1) square foot of sign per one (1) linear foot of level frontage. Linear foot calculations for all levels shall be derived from a single straight line extending along the length of the building frontage. The sum of the areas of all permitted signs per frontage shall not exceed the maximum sign area allocated to that frontage.

2.

Type of signs.

a.

Freestanding signs.

1)

Location. No part of the sign shall encroach in the right-of-way, but shall be set back from the property lines a minimum of two (2) feet.

2)

Size. Shall be in accordance with the frontage ratio of this section, but shall not exceed one hundred fifty (150) square feet.

3)

Height. Shall not exceed thirty-five (35) feet in height measured from grade to the highest point on the sign or sign structure.

4)

Number. Shall be limited to one (1) on-premises sign per frontage.

5)

Design standards. When more than one (1) business is being advertised within a freestanding sign, all sign panels contained within the sign structure shall be of similar construction and materials. Designs for freestanding signs shall be subject to approval by the building department.

b.

Wall signs.

1)

Location. Attached to a wall area visible from the right-of-way frontage. Signs shall be located a minimum of one (1) foot inward from perimeter edges of walls. Signs shall not project outward from walls more than ten (10) inches.

2)

Size. Shall be in accordance with the frontage ratio of this section, but shall not exceed two hundred (200) square feet. In addition, any sign shall not have a height dimension greater than six (6) feet.

3)

Number. The number of wall signs per building frontage shall not be restricted so long as the total sign area per building does not exceed the amount allotted by this chapter.

4)

Design standards. All signs located on a multi-use building shall be of similar construction and materials. Designs for signs on a multi-use building shall be subject to approval by the building department.

(Ord. 962 §§1, 2, 2007)

A.

A lawful sign existing at the time of the passage of the ordinance codified in this chapter that does not conform with this chapter shall be deemed a nonconforming sign. All nonconforming signs may be maintained for fifteen (15) years unless the right to maintain a nonconforming sign is forfeited as described in Subsection B. of this section.

B.

The right to maintain any nonconforming sign shall be terminated by:

1.

Abandonment of the nonconforming sign for a continuous period of thirty (30) days.

2.

Damage to or destruction of the nonconforming sign from any cause whatsoever, for which the cost to repair the damage or destruction exceeds fifty percent (50%) of the replacement cost of such sign on the date of damage or destruction. In determining the replacement cost of any nonconforming sign, the cost of the land, the cost of renting the land or any factor other than the sign itself shall not be included.

3.

The structure or copy of the sign is altered in any way (except for changeable copy signs and normal maintenance), which tends to or makes the sign less in compliance with the requirements of this code than it was before the alteration.

4.

The sign is replaced.

Upon termination of the right to maintain any nonconforming sign, the sign shall be immediately brought into compliance with this chapter, with a new permit secured, or it shall be removed.

(Ord. 962 §§1, 2, 2007)

Signs are obsolete if identifying businesses, services, attractions or events which no longer exist or apply. Signs become obsolete thirty (30) days after discontinuance of the business, service, attraction or conclusion of the event. Property owners or lessees and/or business owners, managers or agents are responsible for the removal of obsolete signs.

(Ord. 962 §§1, 2, 2007)

Every sign constructed within the city limits, including but not limited to permitted and nonpermitted signs, shall be maintained in good structural condition, appearance and repair at all times. Business or property owners are responsible for the maintenance of their signs. The city shall inspect and have the authority to order the painting, repair, alteration or removal of signs found to be dilapidated or abandoned, or which constitute a physical hazard to the public safety.

(Ord. 962 §§1, 2, 2007)

Applications for sign permits shall be filed with the city.

A.

In addition to the sign permit, a building permit is also required.

B.

No sign subject to a permit shall be erected, installed or displayed without prior approval and issuance of a permit by the city.

C.

All permit requests for signage shall be accompanied by a fully dimensioned site plan showing the location and setbacks from property lines. An additional drawing showing the width, sign area, sign copy and construction date of the sign structure will be required for all sign permit applications.

D.

The city shall review the submitted material in terms of its conformance with this chapter. If found in compliance, the city shall issue the required permit; otherwise, the application shall be denied.

E.

All signs subject to the jurisdiction of the Colorado Department of Transportation shall be approved by said department prior to construction and (if applicable) prior to issuance of a city sign and/or building permit.

F.

The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any other ordinance of the city. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid.

G.

The city may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation adopted by the city.

(Ord. 962 §§1, 2, 2007)

A.

Violations of this code are misdemeanors punishable by a minimum fine of fifty dollars ($50.00) and a maximum fine of one thousand dollars ($1,000.00).

B.

The building inspector is the designated city official authorized to enforce this code. He or she is empowered to inspect signs, enter onto private property to investigate complaints of violations, issue notice of violations and issue orders. He or she is also empowered to file sworn complaints of violations with the police department for issuance of a complaint and summons in misdemeanor cases.

C.

Notice of the violation shall be mailed to the occupant of the property and all owners of record at their last known addresses. The notice shall contain a street address sufficient to identify the property upon which the sign is located, a concise statement of the violation alleged, a statement of the possible penalties for noncompliance and notice of the owner's right to appeal. A notice will be deemed served on the day it is postmarked.

D.

If the violation is not remedied within thirty (30) days after service of the notice, a second notice shall be mailed giving the owner another thirty (30) days to remedy the violation and informing him or her of the enforcement action which will be taken if he or she fails to comply.

E.

Whenever the building inspector determines that a sign is nonconforming, abandoned, dangerous or a hazard to the public safety, he or she shall follow the procedures set forth in the building and electrical codes as currently adopted to cause the repair or demolition of the sign.

F.

All costs of the demolition of a nonconforming, abandoned, dangerous or hazardous sign shall be paid by the property owner. If said costs are not paid within ninety (90) days, they shall become a lien upon the property.

(Ord. 962 §§1, 2, 2007)

Should the owner of the sign wish to appeal an order to discontinue use, he or she may appeal said order to the city council (if construction-related) or to the planning and zoning commission (if related to zoning). Proper procedures for appeal adopted by the city shall be followed.

(Ord. 962 §§1, 2, 2007)