A.

Purpose.

Throughout this article, the regulation of sign size, location, illumination, and similar standards are intended to encourage the communication of information and orientation for both visitors and citizens, provide for the effective identification of business establishments, minimize distractions to motorists and pedestrians while promoting visual harmony, safety and a respect for the environmental character of the community; and specifically:

1.

To enhance the economy and efforts of the Dolores business community by promoting the reasonable, orderly, and effective display of signs and encouraging better communication with the public,

2.

To support existing and future business ventures within the Town of Dolores;

3.

For the protection and encouragement of local tourist-related businesses for the general economic well being of Dolores;

4.

To preserve the value of private property by assuring compatibility of signage with surrounding land uses;

5.

To provide a sign code compatible with the Vision Statement of the Dolores Comprehensive Plan;

6.

To establish procedures and regulations which control the location, size, type, and number of signs permitted; and

7.

To provide an equitable mechanism whereby signs which are illegal or abandoned can be removed.

B.

Savings and Severability.

If any clause, section, or other part of the application of these sign regulations shall be held by a court of competent jurisdiction to be unconstitutional or invalid, it is the intent of the City that such clause, section, or specific regulation be considered eliminated and not affecting the validity of the remaining clauses, sections, or specific regulations that shall remain in full force and effect.

C.

Noncommercial Message Substitution.

Noncommercial copy may be substituted for commercial copy or other noncommercial copy on any legal sign, notwithstanding any other provision of this article.

A.

Applicability.

1.

The following regulations shall govern the placement and construction of all outdoor advertising display within the Town of Dolores.

2.

No sign shall be located, erected, modified, or maintained except in compliance with the regulations contained in this article.

B.

Sign Permit Required.

1.

It shall be unlawful to erect, construct, or reconstruct any sign without first obtaining a sign permit pursuant to Section 13.22.

2.

A sign permit shall be required to erect, place, modify the size or shape, allow the continued placement, or convert any portion of a sign, including a conversion from temporary to permanent or from non-EMC to EMC unless otherwise provided in this article.

3.

The following activities shall not require a sign permit, provided that these exemptions shall not be construed as relieving the owner from the responsibility to comply with other applicable Dolores Municipal Code provisions or any other applicable law or ordinance, including the Town's adopted building code(s):

a.

Changing of the advertising copy or message on an existing approved painted or printed sign, marquee, EMC, changeable copy, or a similar approved sign that is specifically designed for the use of replaceable or automatically changeable copy;

b.

Painting, repainting, cleaning, repairing, or other normal maintenance and repair of a sign not involving structural or electrical changes. Replacement of or a change of a plastic face is also an exempt operation;

c.

Changes to window signs and temporary signs.

C.

Exempt Signs.

The following signs, items, and activities do not require a permit, but shall comply with specific requirements as identified in this article:

1.

Temporary Signs.

See Section 11.7

2.

Internal and Integral Signs.

a.

Signs not intended for view or readily legible from the public right-of-way or adjacent residential, public, or civic districts or uses.

b.

Signs that are less than one square foot in area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, or utility cabinets.

c.

Signs or banners on fences and structures within an arena, town park, recreational complex, or athletic field, provided such signs or banners face inward to the arena, town park, recreational complex, or athletic field.

d.

The placement of any video or digital display with a screen area of less than one square foot on a permitted primary structure, accessory structure, or piece of equipment, and designed to be viewed only by an individual obtaining services or goods at that location. This includes digital or video screens on fuel pumps, car washes, and air filling stations.

e.

Integral signs that are carved into stone or similar material that are integral to the building. Integral signs shall not exceed 6 square feet in area.

f.

Signs less than two square feet in sign area that are displayed by local nonprofit organizations and community service clubs.

3.

Flags.

a.

Mixed-use or non-residential district: any flag provided it is affixed to a permanent ground or wall mounted flagpole.

b.

Residential district: a maximum of three flags, not to exceed a combined area of 120 square feet.

4.

Public Signs.

a.

Official public signs approved by a governmental body with jurisdiction over issues such as traffic safety, pedestrian safety, schools, railroads, or public notice, as well as signs required by the Manual of Uniform Traffic Controls.

b.

Signs and notices required to be displayed, maintained, or posted by law or by any court or governmental order, rule, or regulation.

5.

Seasonal displays.

Shall be located on private property and associated with customary holidays, including: New Years Day, Valentines Day, Presidents Day, St Patrick, Easter, First Day of Spring, Mother's Day, Memorial Day, Father's Day, Fourth of July, Labor Day, Columbus Day, Halloween, Thanksgiving, Veterans Day, Christmas, and Hanukkah; or events such as birthdays or birth announcements.

A.

Improper Location.

Signs and sign structures are prohibited in the following locations:

1.

In the right-of-way or on other public property without approval of the Town. For the purposes of this article, when the right-of-way is not clearly identified, signs shall be placed at least five feet from any edge of street or curb, or beyond any visible utility or sidewalk. Temporary signs are never permitted in a public right-of-way.

2.

Placed on private property without the consent of the owner or authorized agent of the owner of such property.

3.

Located in or overhanging a utility easement.

4.

Within a clear sight triangle.

5.

Attached to utility poles, other utility or public infrastructure structures or equipment, or wireless communication facilities.

6.

Attached to trees, rocks, or natural features.

B.

Creation of a Hazardous Condition.

Signs shall not be installed or placed so that they:

1.

Create conflict with traffic control signs, signals, or various private signs resulting in vehicular or pedestrian safety hazards, including any sign placed at any location where it may, by reason of its size, shape, design, location, content, coloring, or manner of illumination, constitute a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, by obscuring or otherwise physically interfering with any official traffic control device, or that may be confused with an official traffic control device.

2.

Create a danger to the public during periods of inclement weather or high winds due to their location or the manner in which they are placed.

3.

Create a hazard due to collapse, fire, collision, decay, abandonment, or other safety considerations.

4.

Obstruct firefighting or fixed police surveillance via photographic or video technology.

5.

Are improperly mounted or installed, such as signs attached to a standpipe, gutter drain, unbraced parapet wall, or fire escape, unless the safety of such sign and such mounting have been verified in writing by a structural engineered licensed to practice in the state.

C.

Prohibited Signs.

The following signs are prohibited in Dolores:

1.

Electronic message centers.

2.

Signs employing mercury vapor, low pressure and high pressure sodium, and metal halide lighting;

3.

No sign shall have blinking, flashing or fluttering lights or other illuminating devices that have a changing light intensity, brightness, or color. Beacon lights are not permitted.

4.

Signs that include flashing, high intensity lights, such as strobe lights, or that are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or emergency vehicle, or which obscures any traffic or street sign or signal;

5.

Signs with a lighting or control mechanism that causes radio, radar, television, or other electronic signal interference;

6.

Signs that move in any mechanical manner, have structural moving part(s) powered by a motor, or swing because of their design or by the manner of their suspension or attachment as a result of wind pressure, mechanically-driven apparatus, electrically-driven apparatus, or any combination thereof;

7.

Sign walkers;

8.

Signs that cause odor or sound emission;

9.

Signs that are light projecting or operate or employ any motion picture projection or video projection in conjunction with any advertisements;

10.

Moving billboard signs;

11.

Wind signs (pennants, streamers, balloons, whirligigs or similar devices) or flutter flags, unless otherwise allowed by this article; and

12.

Off-premises signs except as expressly permitted in this article.

D.

Prohibited Content.

No sign shall be approved or disapproved based on the content or message it displays, except that the following content, without reference to the viewpoint of the speaker, shall not be displayed on signs:

1.

Text or graphics that is harmful to minors as defined by state or federal law;

2.

Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats, as such words and phrases are defined by controlling law;

3.

Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs; or Signs that provide false information related to public safety (e.g., signs that use the words "stop" or "caution" or comparable words, phrases, symbols, or characters) that are presented in a manner as to confuse or imply a safety hazard that doesn't exist.

A.

Residential Districts and Residential Uses in Mixed-Use Districts.

The following permanent signage is allowed in residential districts and for residential uses in mixed-use districts:

1.

One wall sign with a maximum area of 6 square feet per dwelling unit.

2.

One neighborhood or subdivision entrance sign with a maximum area of 64 square feet and a maximum height of 10 feet per vehicle entrance; total sign area for each entrance may be divided between two signs.

B.

Non-Residential Uses in Residential Districts.

The following permanent signage is allowed for non-residential structures and uses in residential districts:

1.

Up to three wall sign per building frontage with a combined maximum sign area of 10 percent of the area of the wall on which the sign(s) are placed.

2.

Public, civic, and institutional uses may also have one monument sign with a maximum sign area of 64 square feet and a maximum height of 10 feet.

C.

Mixed-Use, Commercial, and Industrial Districts.

1.

Wall Mounted Signs.

Wall signs shall comply with the following standards:

a.

Wall signs may be mounted or painted directly on a building.

b.

The sign shall be affixed to the facade of the building, and shall project outward from the wall to which it is attached no more than 12 inches;

c.

The bottom of the sign shall be at least eight feet above the sidewalk elevation and the top of the sign shall not extend more than 25 feet above the sidewalk elevation.

d.

There shall be no size limit for signs or letters printed directly on, or mounted on, the exterior facade of a building.

2.

Gas Stations.

Two gas canopy signs not exceeding 16 square feet each, shall be permitted on a gas canopy over gasoline pumps.

3.

Projecting Signs.

Projecting signs shall be mounted perpendicular to the building wall and shall comply with the following standards:

a.

The copy area shall not exceed 24 sq. ft.

b.

The minimum clearance shall be eight ft.

c.

The distance from the building wall to the nearest edge of the sign running parallel to the wall shall not exceed six inches.

d.

The width of the sign shall not exceed four feet.

e.

Projecting signs shall be limited to one sign per business per street frontage.

4.

Freestanding Signs.

Freestanding signs may be permitted only in the CMU, Corridor Mixed-Use District along an arterial or higher classification street, in accordance with the following standards:

a.

Maximum Number: One free-standing sign is permitted per primary structure per public street frontage.

b.

Maximum Sign Area: The maximum sign area shall be measured as one square foot of sign area per linear foot of street frontage, up to 75 sq. ft. maximum area.

(1)

Freestanding signs may have two faces, provided the two faces are the same size and join back-to-back without any overlap.

(2)

Multiple signs. Whenever more than one sign is placed on a freestanding structure the combination of signs shall be considered as one sign for the purpose of computing sign area and determining the number of signs on a parcel. Total sign area shall be computed by adding the areas of the individual signs and shall not exceed 75 sq. ft. per parcel.

c.

Pole Signs: Each sign shall be limited to a maximum 20 feet in height or height of building, whichever is greater.

(1)

The clearance under the sign shall be a minimum of eight feet above grade when located adjacent to or projecting over a pedestrian way and larger than two square feet in area.

(2)

Gas station signs shall not exceed the height of the gas canopy.

d.

Monument Signs: Ground signs (monument-style) may be up to eight feet in height and shall be landscaped. The sign shall be placed so that it does not impair the vision of vehicular or pedestrian traffic.

5.

Roof-Mounted Signs.

Roof mounted signs shall not have their highest point more than 25 ft. above grade and the sign area shall not exceed 32 sq. ft.

Historic replica signs may be permitted in the DMU, Downtown Mixed-Use District through the conditional use process where each of the following criteria are met:

A.

A historic replica sign shall be located on a structure or in a district that has been historically designated;

B.

Applications for a historic replica sign and or a reproduction will be supported by documentation evidencing the historic style, format and location of the sign to be replicated;

C.

A historic replica sign shall replicate the style, format, and location of a historic sign, but need not employ the same words, phrases, or symbols; and

D.

The Planning Commission or Town Board must find that the proposed historic replica sign contributes positively to the historic redevelopment of the Town.

Illumination of all signs shall be in accordance with Article 10, Outdoor Lighting, and the standards in this section.

A.

The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness does not exceed the measurement specified in Article 10.

B.

Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to passing motorists.

C.

No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

D.

Internally illuminated signs over 40 sq. ft. in area are required to have a dark background and light lettering.

A.

Permits and Standards.

1.

Required. A temporary sign permit is required unless otherwise specified within this article.

2.

Display Duration.

a.

Unless otherwise defined within this article, the display of temporary signs shall be limited to a maximum of 30 days per address, cumulative total per calendar year.

b.

The 30-day per address cumulative total per calendar year requirement shall be restarted when a business at a specific address changes ownership within any given year.

3.

Number of Signs. Unless otherwise specified in this section, a maximum of one temporary sign shall be allowed per address at any time.

4.

Printing and Placement. Signs may be printed on both sides or two-single sided banners may be placed back-to-back. V-type configurations are not allowed.

5.

Permit Sticker. A permit sticker will be provided and shall be placed on the sign where visible.

6.

Temporary signs shall not be used as a method to circumvent the regulations that apply to permanent signs, or to add a permanent sign to a parcel in addition to the permanent signage permitted on that parcel.

7.

Temporary signs shall not be illuminated.

8.

Temporary signs shall not contain any digital components, or a changeable message component or mechanism.

B.

Location.

1.

Except in the Downtown Mixed-Use District, all temporary signs shall be located on private property. When property lines are not easily identifiable, signs shall be set back from the edge of the street pavement or curb, or beyond any visible utility or sidewalk, a minimum of five feet.

2.

A-frame signs shall be located within ten feet of a pedestrian entrance and shall be removed when the business is closed and during severe weather events.

C.

Allowed on Private Property Restrictions.

Temporary signs, including, but not limited to, those specified within this article are allowed on private property provided they meet the following requirements:

1.

The sign conforms to all requirements of this article;

2.

The sign does not interfere with automobile traffic or pedestrians;

3.

The sign is not placed in the public right-of-way or on public property;

4.

When a sign placed on private property, is done with the express permission of the property owner; and

5.

The sign is not a public danger or nuisance during high winds or inclement weather.

D.

Removal.

Temporary signs shall be subject to removal following the passage of the date on the permit sticker.

A.

Abandonment.

1.

Abandonment of a sign shall immediately terminate the permit for such a sign. Abandonment of a sign shall be evidenced by:

a.

The expiration of a Town of Dolores Business License for the tenant space associated with the sign by more than 30 days, or

b.

The cessation of business, other than the customary cessation for a seasonal business, for more than 30 days other than sale or transfer of ownership.

2.

When a sign has been abandoned as defined above, the Town shall send a letter requesting removal of the abandoned sign. If said sign is not removed within 60 days, the town may remove the sign at the property owner's expense.

B.

Illegal Signs.

An illegal sign is any sign erected or altered after the effective date of this Ordinance and not complying with the provisions thereof.