(a)

No sign shall be erected, constructed, altered, remodeled or changed until a permit therefor has been issued by the Building Inspector and the Board. No permit shall be granted until after the prescribed fee has been paid and an application has been filed with the Building Inspector and the Board showing the plans and specifications, including dimensions, materials and details of construction of the proposed sign and supporting structure, which application shall be reviewed and approved or denied by the Building Inspector and the Board. There shall be charged as a fee for such application a sum as established by resolution of the Town Council, plus an additional charge of an amount per square foot above ten (10) square feet of surface area of any sign, as established by resolution of the Town Council.

(b)

Signs designating or explaining historic structures, historical markers in the form of historic signs placed on historic buildings for at least forty (40) consecutive years as of July 31, 2012, and that convey only the historic use of the building, residential identification signs, signs advertising the sale or rental of real property, signs advertising the construction or remodeling of a building, institutional identification signs and signs advertising the sale of goods, merchandise, food or services by transient merchants shall not require a permit, nor shall such signs be considered as one (1) of the allowable signs described in Subsection 16-18-20(c) below, provided that such signs otherwise comply with the provisions of this Article.

(Prior code 15-2-23; Ord. 18 §2, 1992; Ord. 6 §§1—3, 2005; Ord. 8 §2, 2012)

No signs of any nature shall be allowed, constructed, erected or maintained, except as herein specifically provided:

(1)

Traffic signs and other signs required under appropriate governmental regulations shall be exempt from this Article.

(2)

All signs shall conform to the setback requirements of the zone district in which they are located, unless otherwise provided for herein. A sign may advertise the product or activity of the business or establishment on the lot or parcel upon which the sign is located, provided that the product or activity lettering is no larger than three-quarters (¾) the size of the lettering of the business name.

a.

Each business may have one (1) open/closed sign not to exceed two (2) square feet, for which no permit is required.

b.

Each business may have one (1) business hours sign, not to exceed two (2) square feet, for which no permit is required.

c.

Each business may have two (2) additional signs for which a permit is required.

(A directory or off-site sign which advertises a business is counted as one (1) sign for that business for size and number of sign purposes.) Each such sign shall be included in the allowable sign area for the building in which the business is located. Those signs may include:

1.

A single wooden framed box with glass doors no larger than four (4) square feet, within which advertising and information may be placed. The box may be internally lit with white incandescent light, which light must be shielded in accordance with Town lighting regulations.

2.

Any other sign which otherwise conforms with the provisions set forth in this Article.

3.

Theaters and publicly owned buildings may utilize a single changeable copy sign that conforms to the requirements of this Article.

d.

Each building in which retailers (as that term is defined in Title 39, Article 26, C.R.S.) and restaurants are located may additionally utilize a single, two-sided freestanding or a one-sided wall-mounted changeable copy sign. Two-sided freestanding signs may be placed so that both sides are visible when placed at a right angle to the public right-of-way. Said changeable copy signs must consist of either green or black panels used for writing upon only with chalk. Said signs may not be larger than five (5) square feet of flat surface whether chalk board or border. Two-sided signs may have five (5) square feet on each side. Changeable copy signs may not be wider than two (2) feet or taller than five (5)feet above the adjacent natural grade. In the case of freestanding signs, the sign and holder or support mechanism may not exceed two (2) feet in width and five (5) feet in height. Freestanding signs may only be placed on private property and may not be located in the public right-of-way or sidewalk. Any wall-mounted sign must be attached to the building in which the business it is advertising is located. Each such sign shall be included in the allowable sign area for the building in which the retailer or restaurant is located.

e.

Each business may have a third additional sign, for which a permit is required. Said sign shall be for the sole purpose of identifying said business from the alley side by delivery trucks and the like. The additional sign shall meet the following qualifications:

1.

It shall be no more than six (6) square feet in size;

2.

It shall be a flat, wall-mounted sign and shall not project or be freestanding;

3.

It shall not have lighting independent from the building's general structure lighting;

4.

It shall not be visible from any numbered street; and

5.

The applicant must obtain a permit for the sign and pay all necessary fees associated therewith.

(3)

No sign shall be located so that it shall interfere with or detract from orderly traffic movement; obscure or impair the vision of the driver of any motor vehicle; or be a hazard to traffic.

(4)

The color or format of a sign shall not resemble or conflict with traffic signs or signals, nor shall the color or consistency of any sign or lights be luminous, neon, phosphorescent or other illuminated gas tube lighting, or create undue visual distraction or glare to motor vehicle traffic or passers-by.

(5)

All signs shall be constructed in a good and workmanlike manner, shall at all times be properly maintained and kept in good repair and condition, and shall be of safe and permanent construction.

(6)

No flashing or animated signs, or signs with moving parts of intermittent lighting to create the visual effect of movement, shall be permitted.

(7)

No banners, streamers or pennants will be permitted, except as otherwise provided in this Article.

(8)

No sign or awning may contain any illumination of any kind. Signs may be externally illuminated from a source which is outside of and not a part of the sign itself, so long as the separate source of illumination will not create undue visual distraction or glare to motor vehicle traffic, passers-by or affected neighbors.

(9)

Nothing in this Article shall be construed to prevent the erection of banners advertising a special civic event, provided that permission for such is obtained from the Town Manager. Such banners must be placed at the locations provided by the Town for such purposes, may be erected no more than one (1) week prior to the opening of the event and shall be removed no more than two (2) days after the event is over; but, in any event, shall be in place for no more than one (1) week. Banners advertising a special civic event may, at the discretion of the Town Manager, be erected in those areas in which an activity which is part of a special civic event occurs during the time that the activity is taking place.

(10)

Nothing in this Article shall be construed to prevent the erection of banners recognizing the sponsorship of Town youth recreational programs. Said banners must be approved and erected by the Parks and Recreation Department in recognition of sponsors of Town youth recreation programs and must be in compliance with the standards contained in this Section. Banners may only be in place during the duration of the event or season and must be placed at the location where the sporting or other event takes place and specifically in a location directed in writing by the Parks and Recreation Director.

(11)

All banners must be approved as provided for in this Section and must comply with the following requirements. All banners must be made of a durable, water-resistant material. Banners must be equipped with vent holes and with grommets to allow secure attachment of the banner. No banner may exceed thirty (30) square feet in size.

(12)

No signs shall be erected, maintained or permitted to remain publicly displayed which are of a misleading, fraudulent, obscene, immoral, indecent or unsightly character.

(13)

No sign may contain any radio, phonograph, whistle, bell or other sound, noise-making or transmitting device or instrument.

(14)

No sign of a nonpermanent nature nor any sign in excess of ten (10) square feet shall be affixed or displayed on any vehicle for advertising purposes. This Paragraph shall not apply to commercial vehicles making deliveries within the Town or vehicles used by transient merchants for the purpose of displaying and selling goods, merchandise, food or services.

(15)

No bills, posters or pamphlets of any kind shall be displayed on any building unless the Board approves the location as appropriate for such display.

(16)

Notwithstanding any other provision of this Article, signs, pictures or posters on or within five (5) feet of the inside of windows are not subject to the permit requirements of Section 16-18-10 above, provided that the following types of signs, pictures or posters on or within five (5) feet of the inside of windows are not allowed:

a.

Internally lit, neon or other illuminated gas tube lighting signs;

b.

Signs with moving parts;

c.

Signs with "Day-Glo" or fluorescent colors;

d.

Signs that flash or otherwise display varying intensity of light; or

e.

Signs that are redundant as to subject matter.

(17)

Advertising by means of printed lettering on awnings shall be allowed. The dimensions of the area covered by the characters and the spaces between them on an awning shall be included in the allowable sign area for the building on which the awning is located.

(18)

The following signs shall not be allowed:

a.

Internally lit, neon or other illuminated gas tube lighting signs, except that wooden framed boxes with glass doors, referenced in Subparagraph (2)c.1. above may be internally lit with white incandescent light;

b.

Signs with moving parts;

c.

Signs with "Day-Glo" or fluorescent colors;

d.

Signs that flash or otherwise display varying intensity of light; or

e.

Signs that are redundant as to subject matter.

(19)

No sign shall be painted upon any roof or constructed or placed upon any primary roof or higher than a secondary roof on the first floor level.

(20)

Transient merchants who wish to have signs within the Town do not need to obtain a sign permit, but must comply with the following:

a.

There shall be no more than two (2) signs for each transient merchant, and the aggregate size of the signs shall be no greater than twenty-four (24) square feet;

b.

No sign shall be larger than sixteen (16) square feet in size;

c.

No sign shall contain letters larger than twelve (12) inches in height;

d.

No sign shall be placed further than ten (10) feet from the conveyance from which the transient merchant is selling; and

e.

The signs shall otherwise conform to the provisions of this Section other than the requirement that they be permanently constructed.

(21)

Notwithstanding any provision of this Section to the contrary, real estate open house signs for single property sales shall be permitted, other than as already permitted on the subject property subject to the provisions of this Section, on the shoulder of the public right-of-way or on public sidewalks, provided that such signs shall not interfere in any way with pedestrian or vehicular traffic or obstruct the sight line of any public or private signage. Said open house signs shall also meet the following requirements and criteria:

a.

No open house sign may be placed on publicly zoned property or at the intersection of Elk Avenue and Sixth Street;

b.

Open house signs may only be placed in such locations for four (4) hours or less on Tuesdays and Sundays between the hours of 10:00 a.m. and 4:00 p.m.;

c.

All open house signs shall be no more than four (4) square feet, inclusive of any support structure, and may have writing on both sides;

d.

No property that is the subject of such an open house sign may hold an open house more than once per month while utilizing said signage;

e.

The subject property may utilize only two (2) directional open house signs not located on the subject property;

f.

Only one (1) of such open house signs shall be permitted at any sign location or intersection; and

g.

Any owner of the subject property, listing broker or other real estate broker or their respective agents that place signage in violation of these requirements shall be deemed a person pursuant to Section 16-24-20 of this Chapter.

(22)

Notwithstanding any provision of this Section to the contrary, directional signs for certain special events shall be permitted on the shoulder of public rights-of-way, provided that such signs shall not interfere in any manner with pedestrian or vehicular traffic or obstruct the sight line of any public or private signage. Said directional signs shall also meet the following requirements and criteria:

a.

No such directional sign may be placed on publicly zoned property;

b.

Such directional signs may only be placed in such locations the day of the subject event;

c.

All such directional signs shall be no more than four (4) square feet, inclusive of any support structure, and may have writing on both sides;

d.

The subject special event may utilize only three (3) directional signs per event;

e.

Only one (1) of such directional signs shall be permitted at any sign location or intersection; and

f.

The subject special event permittee, or its agent, that places any signage in violation of these requirements shall be deemed a "person" pursuant to Section 16-24-20 of this Chapter.

(23)

Notwithstanding any provision of this Section to the contrary, late-night food trucks, as described in Chapter 6, Article 4 of this Code, do not need to obtain a signage permit, but must, however, at all times comply with the following requirements relative to signage therefor:

a.

No more than two (2) signs with a combined dimension of eighteen (18) square feet shall be permitted for any late-night food truck;

b.

No single sign may exceed ten (10) square feet in dimension;

c.

Banners, flags, pennants and the like are not permitted; and

d.

Menu box and changeable copy signs consisting of either green or black panels used for writing upon only with chalk are permitted like, and subject to the requirements applicable to, any restaurant use; provided that such menu box and changeable copy signs must not be freestanding and must at all times remain attached to the late-night food truck.

(24)

Subject to the requirements of this Section where not otherwise in conflict with this Subsection, signs located off of the property of the business that the sign relates to shall be permitted only where such signs comply with the requirements of this Subsection. For purposes hereof, a sign located off of the property of the business that the sign relates to shall be referred to as an "off-site sign."

a.

Off-site signs shall only be permitted adjacent to Elk Avenue in Blocks 19-23 and 26-30 of the B-1, B-3 and B-4 Business Zone Districts.

b.

Off-site signs may be located only on private property and may only reference businesses that do not have Elk Avenue frontage and that are no further than two hundred sixty-six (266) linear feet to the north or two hundred sixty-six (266) linear feet to the south, off of the Elk Avenue public right-of-way.

c.

A business' placement of an off-site sign in accordance with this Subsection shall be permitted only where the business desiring to place such off-site sign delivers to the Town an instrument acceptable to the Town, given by the owner of the property that will be the location of the subject off-site sign, evidencing the real property or personal right of such business to locate its off-site sign on the subject property.

d.

Off-site signs shall only be permitted for restaurant, personal services establishments and retail commercial uses.

e.

For purposes of Subparagraph (2)c. above, an off-site sign shall be considered a sign as respects the property where the business that the off-site sign is advertising is located and not the property where the off-site sign is physically located.

f.

For purposes of Section 16-18-50 below, the square footage of an off-site sign shall be applied to the property where the business that the off-site sign is advertising is located and not the property where the off-site sign is physically located.

g.

Off-site signs may be wall-mounted, projecting or hanging. Projecting and hanging off-site signs may not be placed less than eight (8) feet above pedestrian and traffic ways.

h.

All off-site signs shall be of uniform dimensions as follows: (i) wall-mounted, projecting or hanging off-site signs shall be eight (8) inches tall and twenty-four (24) inches long; and (ii) freestanding directory off-site signs shall be six (6) inches tall and twenty-four (24) inches long.

(25)

Signs for governmental services shall be allowed on public property. All signs for governmental services shall meet the requirements of the Manual on Uniform Traffic Control Devices (MUTCD), 2009 Edition, as may be amended and replaced from time to time.

(Prior code 15-2-23; Ord. 8 §§6, 7, 1988; Ord. 27 §6, 1990; Ord. 4 §5, 1991; Ord. 5 §14, 1995; Ord. 6 §§1—3, 2005; Ord. 1 §1, 2007; Ord. 13, 2008; Ord. 4 §1, 2009; Ord. 7 §1, 2009; Ord. 14 §1, 2009; Ord. 18 §§1-4, 2010; Ord. 24 §1, 2010; Ord. 3 §7, 2012; Ord. 5 §§1, 2, 2012)

(a)

A sign that exists and was approved pursuant to the terms of this Article prior to November 1, 1992, but does not conform to the provisions hereof after said date, shall be removed whenever the sign is altered or enlarged. This shall not be construed so as to prevent necessary maintenance of the sign to keep it in good repair.

(b)

Notwithstanding any other provision of this Article to the contrary, any off-site sign which was approved pursuant to the terms of this Article prior to October 15, 1992, shall be removed whenever the sign is altered or enlarged; provided, however, that any off-site directory signs shall not be required to be removed upon any change in ownership or alteration of lettering. Such off-site directory signs shall not be enlarged after November 1, 1992.

(Prior code 15-2-23; Ord. 18 §2, 1992; Ord. 6 §§1—3, 2005)

(a)

No lettering on any sign, including cut-out letter signs, may exceed an average letter height of fourteen (14) inches, and the tallest letter of the sign may not exceed eighteen (18) inches in height.

(b)

Freestanding signs shall be limited to one (1) sign per building, or parcel if more than one (1) building exists on the same parcel; shall not be higher than the building, but in any event no higher than twelve (12) feet above grade as defined by the Building Inspector; and shall be contained completely within the setback requirements of the property lines upon which the principal building is located. Freestanding signs may contain the same information on both sides, and both sides shall be counted toward the allowable sign area. Directory signs may be freestanding signs.

(c)

Projecting signs shall be permitted provided that the following conditions are satisfied:

(1)

Projecting signs are placed immediately above or adjacent to a door or staircase entrance that services the business to which it refers.

(2)

Only one projecting sign location is permitted per business.

(3)

No other projecting sign location is permitted within fifteen (15) feet of another projecting sign location on the same property.

(4)

No projecting sign shall obscure the visibility of another projecting sign.

The top of all projecting signs, in the case of directory signs, shall not be higher than the ridge line or parapet wall of the building to which it is attached but in any event no higher that twelve (12) feet above grade. The bottom of all projecting sign shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way. Projecting signs shall not extend more than four (4) feet from a building wall or the plane of a building wall. No sign shall project into any portion of a street or alley used for vehicular traffic, nor shall any overhead sign project from any building beyond the dividing line of a sidewalk and vehicular portion of a street. Projecting signs may contain the same information on both sides, and both sides shall be counted against allowable square footage calculations.

(d)

Wall signs shall not be higher than the roof or top of the cornice wall of the building; and no sign part, including cut-out letters, shall project more than six (6) inches from the building wall.

(Prior code 15-2-23; Ord. 18 §2, 1992; Ord. 5 §1, 2001; Ord. 6 §§1—3, 2005; Ord. 7 §§1, 2, 2008; Ord. 4 §1, 2009; Ord. 8 §1, 2012; Ord. No. 2, § 1, 2-21-2017)

(a)

For buildings with a front facade of eight hundred (800) or more square feet, the maximum permitted total area of all signs in the aggregate shall be one hundred (100) square feet.

(b)

For buildings with a front facade of less than eight hundred (800) square feet, the maximum total permitted area of all signs in the aggregate shall be one-eighth (⅛) of the total area of the front facade.

(c)

No individual sign shall be larger than thirty-two (32) square feet;

(d)

Cut-out letter signs shall be considered wall signs if attached to a building, and the dimension of the area covered by the characters and the spaces between them shall be included in the allowable sign area at one-half (½) of the measured area.

(e)

Variances shall not be allowed for sign measurements.

(Prior code 15-2-23; Ord. 18 §2, 1992; Ord. 6 §§1—3, 2005; Ord. 1 §2, 2007)

(a)

Signs listed below shall be permitted in the following districts: "R1" District; "R1C" District; "R2" District; "R2C" District; "R3C" District; "R4" District; and "M" District:

(1)

One (1) residential identification sign per living unit, being a freestanding sign, a wall sign or a projecting sign, to identify the occupants thereof or any home occupation pursued therein, not exceeding two (2) square feet;

(2)

One (1) sign advertising the sale or rent of a property, not lighted or illuminated and not exceeding six (6) square feet;

(3)

One (1) sign announcing the construction or remodeling of a building, not illuminated or lighted and not exceeding six (6) square feet; and

(4)

An institutional identification sign, projecting, wall or freestanding, for any school, church or public building, not to exceed six (6) square feet of sign area.

(b)

Signs listed below shall be permitted in the following districts:"T" District; "B1" District; "B2" District; "B3" District; and "C" District:

(1)

All signs allowed under this Article; and

(2)

A directory sign plan for buildings containing more than one (1) principal business use or commercial use, which may be required by the Board for architectural appropriateness prior to the approval of a building permit application.

(Prior code 15-2-23; Ord. 8 §7, 1988; Ord. 4 §8, 1991; Ord. 18 §2, 1992; Ord. 6 §§1—3, 2005; Ord. 4 §1, 2009)

The Board may issue the sign permit required in Section 16-18-10 above, concurrent with considerations and approval of the architectural appropriateness of a proposed building, without the filing of a separate application for a sign permit, so long as all information required by this Article is provided with the application for a building permit, and so long as all other requirements of this Article are met. If an applicant seeks a sign permit along with his or her application for a building permit and said sign is considered by the Board at the same time as it considers the architectural appropriateness of the proposed building or structure, then no additional sign permit fee shall be paid by the applicant.

(Prior code 15-2-23; Ord. 18 §2, 1992; Ord. 6 §§1—3, 2005)

The Board may, for good cause shown and/or for the purpose of promoting substantial justice, waive all or part of any fees required in Section 16-18-10 above.

(Prior code 15-2-23; Ord. 18 §2, 1992; Ord. 6 §§1—3, 2005)

Signs not specifically exempt in subsections 16-18-20 (1), (21), (22) and (25) that are located on public property or in a public right-of-way are subject to the following regulations:

(1)

Permitting and approval of signs are subject to Section 16-18-10 and Section 16-18-100. Conditions may be applied to the placement of a sign on public property including but not limited to the duration of the use, the maximum size, height and the lighting.

(2)

Sign content should be instructional or informative for the benefit of the general public.

(3)

No signs on public property may be used for the purpose of advertising a particular business or organization at an alternative location. Logos of organizations may be permitted for identification purposes as long as they are minimal in size and not the primary message being conveyed by the sign.

(4)

Signs shall be primarily constructed with wood or metal components. The use of synthetic materials is permitted for attached boards, maps, or messages.

(5)

Signs shall use earth tone color schemes.

(6)

Changeable content of the sign shall be reviewed and approved by the Building Official or his designee.

(7)

Signs may be approved by the Board [in] accordance with Section 16-18-70 with the consideration of the architectural appropriateness of a proposed structure.

(8)

If a lease or other property right is required for the sign post or location it shall be approved first by the Town Council.

(Ord. No. 11, § 1, 2014)

If the Building Inspector and the Chair of the Board determine that a complete sign permit application has been filed; the proposed sign complies with all requirements of this Article; and the proposed sign will have little, if any, physical or visible impact on the surrounding neighborhood; then they may designate such application as insubstantial. Such designation as insubstantial shall be deemed to constitute a waiver of the requirements that such application be approved by the Board, it being the express purpose of this Section to delegate to the Building Inspector and Chair of the Board the power to approve an insubstantial sign permit application. It shall be the duty of the Building Inspector to report all such insubstantial designations to the Board at the next meeting following such designation.

(Prior code 15-2-23; Ord. 18 §2, 1992; Ord. 6 §§1—3, 2005; Ord. 4 §1, 2009; Ord. No. 11, § 1, 2014)

Editor's note— Ord. No. 11, § 1, adopted Sept. 2, 2014, renumbered former § 16-18-90 as § 16-18-100.