De Beque City Zoning Code

This chapter shall be known and cited as the "De Beque Sign Code."

(Ord. No. 554 (Series 2025), Exh. 1, 8-26-2025)

(a)

Purpose. The purpose of this chapter is to:

(1)

Recognize that signs are an important means of communication.

(2)

Establish standards for the use, placement, and design of all signs within the Town of De Beque that protect the health, safety, and welfare of the public and comply with all applicable provisions of State and Federal law regarding freedom of speech and sign content neutrality.

(3)

Provide for the clean, orderly, and attractive appearance of the community.

(4)

Ensure that signs are appropriate for, and compatible with, the character of the zone district where they are located.

(5)

Provide mechanisms for bringing nonconforming signs into compliance with this chapter.

(b)

Applicability. The provisions set forth in this chapter shall apply to the display, construction, erection, alteration, use, maintenance, and location of all signs within the Town of De Beque (the "Town").

(Ord. No. 554 (Series 2025), Exh. 1, 8-26-2025)

As used in this chapter, the following terms have the following meanings. All other terms are defined in accordance with chapter 14.04.

Table 14.48.010. Terms and definitions.

(a)

Sign permit required.

(1)

To ensure compliance with the regulations of this chapter, a sign permit is required prior to any sign being erected, moved, altered, reconstructed, and/or repaired, except for signs and related activities specifically exempted in section 14.48.050.

(2)

If multiple signs are proposed for a property, all signs may be addressed in one sign permit application as long as all information required pursuant to subsection (b) below is provided for each proposed sign.

(b)

Sign permit application.

(1)

Submittal requirements. An application for a sign permit must include the following:

a.

Application. A completed copy of the application form furnished by the Town. This form will, at minimum, require an applicant to provide the following information:

1.

The physical address and legal description of the property where the sign is to be located.

2.

The name(s), mailing address(es), phone number(s), and email address(es) of the property owner(s), the applicant (if different from the property owner), sign contractor, and sign installer (as applicable).

3.

Authorization from the owner(s) of the subject property if the applicant is not the property owner.

4.

If the sign is located on, or projects into, public property, including rights-of-way, permission from the applicable jurisdiction is required.

5.

The total square footage of the wall that the sign will be affixed to, if applicable.

6.

Inventory of and information (e.g., sign type, square footage, etc.) about existing signage on the property, if applicable.

b.

Application fee. Payment for the applicable fee as established by the Town's fee schedule.

c.

Agreement-to-pay form. A signed copy of the Town's agreement to pay consulting fees and expenses.

d.

Site plan. For a freestanding or a projecting sign, an accurately scaled site plan showing the following information for the subject property:

1.

Location and dimensions of the property's boundaries.

2.

Minimum required setbacks for the applicable zone district.

3.

Footprints for existing buildings and/or structures.

4.

Location and dimensions of existing easements.

5.

Streets, alleys, driveways, sidewalks, paths, and/or other similar improvements on, or abutting, the property.

6.

Location of the sign and the dimensions between the sign and all property boundaries.

e.

Sign drawing. An accurately scaled and dimensioned drawing(s) or photo simulation depicting the sign as it will appear when installed. The following information, as applicable, must be provided:

1.

Height and clearance of the sign.

2.

For a projecting sign, the distance the sign projects from the face of the supporting wall.

f.

Sign detail. A scaled detail drawing that includes the dimensions, area, shape, design, colors, materials, lighting, and letter styles of the sign and any supporting structure(s).

g.

Lighting specifications. A description of the lighting to be used for the proposed sign(s). This description shall include the following information, as applicable:

1.

Any energy conservation measures incorporated in sign.

2.

Fixture specifications bulb type, brightness (e.g., lumens or foot candles), and placement.

h.

Certification by professional engineer. If required by the Town, certification by a structural engineer.

i.

Proof of liability insurance. Proof of premises liability insurance must be provided for any freestanding, projecting, or wall sign. Proof of public liability insurance must be provided for any sign located on, or projecting into, public property, including public rights-of-way.

j.

Proof of valid contractor license. If required by the Town, evidence of a valid Mesa County contractor license.

k.

State/Federal permit. Evidence that a sign complies with state and/or federal regulations, if applicable. Such evidence includes, but is not limited to, a copy of an approved permit(s) issued by the applicable authority.

l.

Additional information. Any other information deemed necessary by the Town Planner to ensure a complete and proper review of the request.

(2)

Waiver of application submittal requirements.

a.

At the discretion of the Town Planner, one or more submittal requirements for a sign permit application may be waived if they determine that the information is not necessary to evaluate the application for compliance with the applicable requirements of this chapter.

b.

A decision to grant a waiver does not prevent the Town Planner from requiring an applicant to submit additional information, at any time during the review process, if such information is necessary for a proper and complete review of an application.

(3)

Application completeness review.

a.

Within ten business days of the Town receiving a sign permit application, the Town Planner will review the application and determine whether the application is complete and includes sufficient information to be evaluated for compliance with the applicable requirements of this chapter.

b.

If the application is deemed complete, it will be accepted for review by the Town.

c.

If the application is deemed incomplete, the Town Planner will provide the applicant with written notice of the application's deficiencies. The applicant will have 15 business days, or other such time as granted at the sole discretion of the Town Planner, to correct all deficiencies in their application. If the applicant fails to correct the application's deficiencies within the allotted time, the application will be considered withdrawn for failure to achieve completeness.

d.

If an application is considered withdrawn for failure to achieve completeness, the applicant will be required to resubmit their application and pay the application fee, again.

(4)

Review and decision.

a.

Within 15 business days of a determination of completeness, the Town Planner will review a sign permit application for compliance with the applicable requirements of this chapter.

b.

Upon the conclusion of the Town Planner's review, they will render a decision to approve, approve with conditions, or deny the sign permit and provide the applicant with written notice of their decision.

(5)

Building and/or electrical permit. Upon approval of a sign permit the applicant must obtain any building and/or electrical permits required for the sign prior to construction. A building permit(s), if required, shall be obtained from the Mesa County Building Department. An electrical permit(s), if required, shall be obtained from the state electrical inspector.

(6)

Duration of approval.

a.

An approved sign permit shall expire and become null and void 180 calendar days from the date of issuance, unless one of the following has occurred:

1.

The sign has been installed or modified in accordance with the approved sign permit.

2.

A request for an extension has been submitted and approved in accordance with subsection (7) below.

b.

If an approved sign permit expires, the submittal of a new sign permit application will be required.

(7)

Extension of approval.

a.

The holder of an approved sign permit may submit a written request for an extension of their permit to the Town Planner. Such a request must explain the basis for the extension and be received by the Town at least five business days prior to the expiration date of the sign permit. Any request received later than this will not be considered by the Town and the submittal of a new sign permit application will be required.

b.

Upon a showing of good cause by the permit holder, the Town Planner may grant one extension of up to 180 calendar days.

(c)

Appeals.

(1)

An applicant may file an appeal of the Town Planner's decision on a sign permit application to the Board of Trustees for any of the reasons set forth in this subsection.

(2)

An appeal to the Board of Trustees must be filed with the Town Clerk within ten calendar days of the date of the Town Planner's final decision. The appeal must be in writing, specify the action(s) that this being appealed, and state the grounds for the appeal.

(3)

The following constitute a basis upon which an applicant may file an appeal:

a.

Failure of the Town Planner to provide a written response to the applicant concerning completion of an application within ten business days of the Town's receipt of the sign permit application.

b.

Any written decision rendered by the Town Planner concerning a permit or an interpretation of this chapter.

(4)

The action being appealed shall be held in abeyance pending the decision of the Board of Trustees. The appeal shall be heard by the Board of Trustees at the next available Board of Trustees meeting, as determined by the Town Clerk. The Board of Trustees shall review the decision of the Town Planner under the same criteria applied by the Town Planner. The Board of Trustees is not bound by the findings and determinations of the Town Planner but may give such findings deference as determined by Board of Trustees.

(d)

Variances. A variance from the requirements of this chapter may be requested and shall be processed in accordance with the provisions of chapter 14.24 of the De Beque Municipal Code.

(Ord. No. 554 (Series 2025), Exh. 1, 8-26-2025)

(a)

Prohibited Signs. The following signs are inconsistent with the purpose of this chapter and are prohibited in all zone districts.

(1)

Signs with visible moving, revolving, or rotating parts, flashing or flickering lights, other illumination with changing brightness or intensity or color, any mechanical movement, or any apparent movement achieved by electrical or mechanical means, except as permitted by this chapter.

(2)

A sign and/or sign structure that does any of the following:

a.

Is structurally unsafe or hazardous.

b.

Is not maintained in accordance with this chapter.

c.

Obstructs the view of, interferes with, may be confused with, and/or purports to be a traffic sign, traffic signal, other traffic control device and/or other official government sign.

d.

Impairs visibility in a public right-of-way and/or obstructs line of sight in a clear vision area.

e.

Implies the existence of a hazard or danger that does not exist.

f.

Interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder or opening intended as a means of ingress or egress or providing light or air.

g.

Is located in a manner that intentionally denies an adjoining property owner with visual access to an existing sign.

(3)

Signs mounted to a vehicle or trailer, except as permitted by this chapter.

(4)

Signs not permanently affixed or attached to the ground, a building, or a structure, except as permitted by this chapter.

(5)

Inflatable signs, except as permitted by this chapter.

(6)

Abandoned signs.

(7)

Any sign whose expressive content is not protected by the First Amendment to the United States Constitution or the Constitution of the State of Colorado, including, but not limited to, the following:

a.

Any sign containing obscenity, as interpreted by state or federal courts.

b.

Any sign displaying content for unlawful activity, except for copy related to retail or medical marijuana, as permitted by state law. Federal law prohibits the advertising and sale of marijuana. However, under Colorado law, specific types of marijuana related activities are allowed. The Town will allow a limited exception to these regulations for the signs of duly licensed retail or medical marijuana businesses, provided that the businesses are operated in compliance with applicable state and local law. This exception does not create an exemption from or a defense to the enforcement of federal law, nor shall the Town be liable for any damages caused by the enforcement of federal law. If the federal policy regarding prosecutorial discretion officially changes such that federal marijuana prohibitions are enforced in Colorado, then this limited exception shall automatically terminate, and signs advertising marijuana shall be considered prohibited signs and removed from the premises in accordance with this chapter.

(Ord. No. 554 (Series 2025), Exh. 1, 8-26-2025)

(a)

Exempt signs. The following types of signs are required to comply with all applicable requirements of this chapter but do not require the issuance of a sign permit.

(1)

Bulletin boards.

(2)

Temporary decorations of any type, number, area, height, location, illumination, or animation that are erected or illuminated for no more than 60 calendar days in any one calendar year.

(3)

A sign(s) affixed to a building or structure even if wall signs are not permitted in the applicable zone district that does not exceed two square feet in area.

(4)

Signs less than one square foot in area attached to or integrated with machines, equipment, fences, gates, walls, fuel pumps, electric vehicle charging stations, public telephones, or utility cabinets.

(5)

Directional signs.

(6)

Flags.

(7)

Balloon signs.

(8)

Wind signs.

(9)

Temporary or permanent signs authorized or required by a court, governmental entity, public body, or public safety official that include, but are not limited to, the following:

a.

Public safety notices that identify dangerous or hazardous conditions, including signs indicating the presence of underground cables, gas lines, and/or similar devices.

b.

Street address signs, stop signs, and other signs for the purpose of directing and/or controlling traffic.

c.

Wayfinding signs that provide direction to and/or identify public amenities, such as public restrooms, parks, and trails.

(10)

Merchandising displays, pictures, or models of products or services that are incorporated as an integral part of a window display.

(11)

Portable signs.

(12)

Scoreboards.

(13)

Displays of string lights that comply with the following requirements:

a.

Must have constant illumination, in other words cannot blink, flash, have intermittent changes in intensity, or rotate.

b.

Are no greater in intensity than seven watts.

c.

Cannot be placed on or used to outline signs or sign supports.

d.

Cannot be assembled or arranged to convey words, slogans and/or logos.

e.

Cannot create a safety hazard with respect to placement, location of electrical cords or connection to power supply.

f.

Can only be placed on private property.

g.

Must be maintained, and repaired as necessary, so that no individual light bulb is inoperative. In the event the bulbs are not maintained or repaired, the string lights may be removed at the expense of the owner after giving notice to the owner pursuant to this chapter.

h.

Cannot be suspended horizontally between any buildings, walls, fences, trees, or shrubs (for the purposes of this subsection, "horizontally" means any portion of the suspended string which dips less than 45 degrees below the horizontal).

(14)

Temporary signs.

(15)

Signs displayed on vehicles or trailers are exempt from the provisions of this chapter provided that such vehicles or trailers are not solely used for the support and/or display of a sign(s).

(16)

Signs incorporated with a vending machine.

(17)

Window signs.

(b)

Exempt activities. The following do not require the issuance of a sign permit but must comply with all applicable requirements of this chapter.

(1)

Alterations to the copy and/or face(s) of a lawfully existing or legal nonconforming sign if no other modifications are made including, but not limited to, structural changes, changes to size, height, and/or shape of the sign, changes to the signs illumination, and/or changes to the location of the sign.

(2)

The maintenance and/or repair of a lawfully existing or legal nonconforming sign, and all components thereof (e.g., sign structures, sign faces, etc.), if no other modifications are made including, but not limited to, changes to the size, height, and/or shape of the sign, changes to the illumination of the sign, and/or changes to the location of the sign. Activities that constitute the maintenance and/or repair of a sign, and all components thereof, include, but are not limited to, the touch up or re-painting of existing letters, symbols, or other details of a sign.

(Ord. No. 554 (Series 2025), Exh. 1, 8-26-2025)

(a)

Removal of signs.

(1)

Removal of abandoned sign. An abandoned sign must be removed within 90 calendar days of the related establishment vacating the premises, unless otherwise stated in this chapter. The owner of the property where the sign is located is responsible for its removal.

If an abandoned sign is not removed within 90 calendar days, the Town Planner, or authorized Town designee, may cause the removal of the sign.

If the sign is covered or the applicable copy is removed within 90 calendar days, the Town Planner, or authorized Town designee, may grant an extension of time upon a showing of good cause by the person or entity owning or having possession over the subject property. A request for an extension of time must be submitted to the Town, in writing, within the 90 calendar day period.

If a new establishment occupies the property and utilizes the existing sign within the 90 calendar day period, the existing sign may be updated by the new establishment in accordance with this chapter.

(2)

Removal of illegal signs on public property. The Town Planner, or authorized Town designee, may cause the removal of any sign located on public property, including public rights-of-way, that has been placed there without first complying with the requirements of this chapter.

(3)

Storage of removed signs. Any sign(s) removed by the Town, or its designee, in compliance with this chapter shall be stored by the Town for 30 calendar days. During this period, a sign(s) may be recovered by the owner upon payment to the Town for all costs associated with the removal and storage of the sign.

If not recovered within 30 calendar days, the sign(s) will be declared abandoned and title shall vest with the Town of De Beque. The Town may bill the owner(s) of the subject property for all costs associated with the removal and storage of the sign(s), for up to 30 calendar days. If not paid, the applicable costs may be imposed as a tax lien against the subject property.

(b)

Alterations to legal nonconforming signs. An existing, legal nonconforming sign may be altered if the size, height, shape, and/or location of the sign does not change. If the size, height, shape, and/or location of an existing, legal nonconforming sign is altered, the entire sign must be brought into conformance with this chapter.

(Ord. No. 554 (Series 2025), Exh. 1, 8-26-2025)

(a)

Wall area. Measured as the square footage of an individual, exterior wall of a building including any openings in the wall such as windows and/or doors.

Diagram 14.48.010. Measuring Wall Area.

(b)

Window area. Measured as the total square footage of all glazing areas incorporated with an individual, exterior wall of a building.

Diagram 14.48.020. Measuring Window Area.

(c)

Measuring area of single-faced signs.

(1)

The area of a single-faced sign is measured as the square footage of the smallest geometric shape needed to encompass the display face.

(2)

If copy is attached directly to a building or structure with no other background, the area of a single-faced sign is measured as the square footage of the smallest geometric shape needed to encompass the copy.

(3)

Supporting framework and/or bracing that is clearly incidental to a sign and that does not include copy shall not be included in the measurement of sign area.

Diagram 14.48.030. Measuring Area of Single-Faced Signs.

(d)

Measuring area of double-faced signs.

(1)

A sign with two parallel faces (i.e., back-to-back sign faces) is considered a single-faced sign if mounted on a single structure and the distance between each sign face is less than two feet at any point.

(2)

For all other double-faced signs, the area of the sign is measured as the sum of the square footage of each face. The area of each sign face is measured in the same manner as a single-faced sign.

(e)

Measuring area of three-dimensional signs. Where a sign consists of one or more three-dimensional objects (e.g., balls, cubes, etc.), the sign area shall be measured as the square footage of the smallest geometric shape needed to encompass the largest two-dimensional cross section of the objects.

Diagram 14.48.040. Measuring Area of Three-Dimensional Sign.

(f)

Sign height.

(1)

The height of a sign is measured as the vertical distance between the highest point of the sign, including framework or other embellishments, and the finished grade of the adjacent street or the finished grade beneath the sign, whichever is less.

(2)

When berms are used in conjunction with signage, the height of the sign is measured as the vertical distance between the highest point of the sign, including framework or other embellishments, and the mean elevation of the adjacent street.

(g)

Sign clearance. The clearance of a sign is measured as the vertical distance between the lowest point of the sign, including framework or other embellishments, and the finished grade beneath it.

Diagram 14.48.050. Measuring Sign Clearance.

(Ord. No. 554 (Series 2025), Exh. 1, 8-26-2025)

(a)

Sign design.

(1)

Creative design encouraged. Imaginative and innovative sign design is encouraged. Signs should be designed to make a positive contribution to the general appearance of the street and area of De Beque in which they are located.

(2)

Proportionate size and scale. Signs shall be sized and scaled appropriately for the building or structure that they are displayed on.

(3)

Sign location and Placement.

a.

Visibility. Signs shall be located in a manner that does not visually overpower nor obscure architectural features of the building that they are displayed on.

b.

Integration with building. The location and placement of signs shall be coordinated with the overall architectural design and color scheme of the building they are displayed on. Signs shall be designed to complement and/or enhance other signs displayed on the same building.

c.

Unified sign band. Whenever possible, signs located on buildings within the same block-face shall be placed at the same height to create a unified sign band.

Diagram 14.48.060. Desirable Sign Design.
(THIS)

Diagram 14.48.070. Undesirable Sign Design.
(NOT THIS)

d.

Pedestrian-oriented signs. Signs designed for and directed towards pedestrians are encouraged in the pedestrian-oriented areas of De Beque (e.g., the Old Town Center Zone District).

(4)

Freestanding sign landscaping. Freestanding signs shall be landscaped at their base in accordance with section 14.48.110. The landscaping must be designed to be compatible with the overall landscape scheme for the premises and form an attractive, dense cluster at the base of the sign that is equally attractive in the winter and summer.

Diagram 14.48.080. Desirable vs. Undesirable Freestanding Sign Landscaping.

NOT THIS
Landscaping too sparse and poor visual base for sign

THIS
Berm and foundations plantings to relate to building treatment

(b)

Sign colors.

(1)

Color selection.

a.

Signs shall utilize a color scheme that contributes to its legibility.

b.

Signs displayed on a building or structure must use a color scheme that complements the color scheme of the building or structure.

c.

Color schemes that disrupt the visual harmony of the surrounding area are unacceptable.

(2)

Contrasting colors. Substantial contrast between the color and/or material used for the copy and display face of a sign will improve legibility and is encouraged. Copy with a light color(s) on a dark display face or copy with a dark color(s) on a light display face will be most legible.

(3)

Excessive colors. Color schemes that interfere with the legibility of copy and/or with viewer identification of other signs is to be avoided.

(c)

Sign materials.

(1)

Signs must be constructed of high-quality materials with proven durability. Treated wood, manufactured composite products with ingredients that use recycled materials, painted/treated/patina metal, stone, brick and stucco are the preferred materials for signs.

(2)

Signs displayed on a building or structure must use materials that are compatible with the materials used for the façade of the building or structure.

(d)

Legibility of signs.

(1)

Signs must be designed to be adequately legible under the conditions in which they are primarily viewed. Factors affecting legibility include, but are not limited to, the following:

a.

The speed at which the sign is typically viewed (e.g., viewed by pedestrians vs. viewed from a vehicle).

b.

The distance of the sign from the edge of the public right-of-way, travel lane, sidewalk, etc.

c.

The visual context and surrounding environment of the sign, including background clutter and/or competing elements (e.g., other signs).

d.

The design of the sign, including font style and size, color selection, and contrast between sign copy and the display face.

(e)

Sign illumination.

(1)

Unnecessary illumination of signs is prohibited.

(2)

Sign illumination shall complement, not overpower, the overall composition of the site.

(3)

External illumination must be designed to only illuminate the face of the sign it is aimed at. All light sources used for the external illumination of a sign must be concealed from pedestrians' and motorists' lines of sight and not visible from any abutting property or public right-of-way.

Diagram 14.48.090. Screening of sign lighting.

External light sources must be concealed from pedestrians' and motorists' lines of sight and not visible from any abutting properly or public right-of-way.

(4)

Unless otherwise stated in this chapter, all sign illumination must comply with the maximum light level standards set forth in chapter 14.32 of this Code.

(5)

Signs shall only be illuminated to the minimum level necessary for nighttime readability.

(6)

All lighted signs must comply with the applicable electrical codes and the electrical components of the sign must bear the label of an approval agency.

(7)

Use of backlighting is encouraged.

(8)

The use of solar electric lighting devices to illuminate signs is encouraged.

(Ord. No. 554 (Series 2025), Exh. 1, 8-26-2025)

(a)

Signs in public rights-of-way. The owner of a sign that encroaches into a public right-of-way must maintain public liability insurance in an amount to be determined appropriate by the Town Attorney and that names the Town of De Beque as an "other or named insured."

(b)

Signs near state highways. Signs within 660 feet of the right-of-way for the Colorado state highway system, including Interstate 70, may be subject to state and federal regulations. It is the responsibility of the sign owner to ensure compliance with the applicable Town, state, and federal regulations and to obtain all permits that are required.

(c)

Sign maintenance.

(1)

All signs, and components thereof, shall be kept neatly painted, in a good state of repair and in compliance with all building and electrical codes so they do not constitute a hazard to public safety, health and/or welfare by reason of inadequate maintenance, dilapidation, and/or obsolescence.

(2)

A sign owner and the owner of the premises where the sign is located are jointly and severally liable for the maintenance of the sign and all components thereof. Sign illumination must be kept in neat and orderly condition, and in good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign.

(3)

The owner of any sign regulated by this chapter shall be required to keep signs and supporting hardware structurally safe, clean, free of visible defects and functioning properly at all times. Repairs to signs shall be equal to or better in quality of materials and design than the original sign

(4)

The Town of De Beque may inspect any sign governed by this chapter and shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.

(Ord. No. 554 (Series 2025), Exh. 1, 8-26-2025)

The following standards apply to the specific types of signs permitted in the Town's zone districts.

Diagram 14.48.100. Examples of types of signs permitted in select zone districts.

Table 14.48.020. Awning sign standards.

Table 14.48.030. Balloon sign standards.

Table 14.48.040. Bulletin board standards.

Table 14.48.050. Canopy sign standards.

Table 14.48.060. Manual changeable copy sign standards.

Table 14.48.070. Digital sign standards.

Table 14.48.080. Directional sign standards.

Table 14.48.090: Flag standards

Table 14.48.100. Freestanding (monument) sign standards.

Table 14.48.110. Freestanding (pole) sign standards.

Table 14.48.120. Government sign standards.

Table 14.48.130. Marquee sign standards.

Table 14.48.140. Off-premises sign standards.

Table 14.48.150. Portable sign standards.

Table 14.48.160. Projecting sign standards.

Table 14.48.170. Suspended sign standards.

Table 14.48.180. Temporary sign standards.

Table 14.48.190. Wall sign standards.

Table 14.48.200. Wind sign standards.

Table 14.48.210. Window sign standards.

Table 14.48.220. Yard sign standards.

For the purpose of this chapter only, the I-70 Interchange Overlay District ("overlay district") is hereby established. The boundaries of the overlay district are shown on the following map.

Diagram 14.48.110. Boundaries of I-70 Interchange Overlay District.

(Ord. No. 554 (Series 2025), Exh. 1, 8-26-2025)