The regulation of signs is important because of the reliance of Fairplay on the tourist industry arising from the natural and scenic beauty of the area. This sign code is intended to create a more aesthetically pleasing environment for both visitors and residents by preventing the over-concentration, improper placement and bulk of signs and creating a comprehensive and balanced system of visual communication. At the same time, these sign regulations are intended to protect public health and safety and to maintain the value of surrounding properties. To accomplish these purposes, it is the intent of these regulations to:

(A)

Recognize that signs are a necessary means of visual communication for the convenience of the public and to provide flexibility within the sign review/approval process to allow for unique circumstances and creativity.

(B)

Recognize and ensure the right of those concerned to identify businesses, services and other activities by the use of signs, and limit signs to those which are accessory and incidental to the use on 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 or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs.

(E)

Conserve energy by supporting use of lighting elements that utilize light emitting diodes (LED), florescent bulbs and other low energy consuming lighting devices, thereby reducing energy demands.

(F)

Promote conservation of energy by reducing or eliminating the over-lighting of signs and use of inefficient lighting systems.

(G)

Support use of materials in structures that include recycled products and other materials that are designed for longevity and that minimize environmental impacts.

(H)

Ensure signs are well designed and contribute in a positive way to the Town of Fairplay's visual environment, express local character, and help develop a distinctive image for the Town.

(I)

Encourage signs which are responsive to the aesthetics and character of their particular location, adjacent buildings and uses, and the surrounding neighborhood.

(J)

Ensure signs are compatible and integrated with a building's architectural design and with other signs on and near the property.

(K)

Prevent unnecessary or excessive competition between signs in the Town.

(L)

Ensure signs are appropriate for where they are located.

(M)

Provide mechanisms for bringing nonconforming signs into compliance with these regulations as a result of changing use, abandonment or other legal mechanisms.

(Ord. 2015-3, §1, 1-4-2016)

Except as otherwise specifically provided in this code, or as may be allowed by a duly issued variance, the following provisions apply in all zones and for all signs:

(A)

No sign shall be displayed or permitted which visually obstructs or interferes with the line of sight at the intersection of streets, alleys or driveways.

(B)

No sign shall be allowed which advertises activities that are illegal under federal, state, county or Town laws.

(C)

No sign shall be painted on retaining walls, rocks or natural features, nor shall any sign be erected or painted on any vegetation, pole or existing sign.

(D)

If any provision of this code conflicts with any other municipal regulation governing signs, the more restrictive shall control.

(E)

Any sign not specifically authorized in this code is prohibited in all districts.

(F)

Signs may be erected, altered and maintained only for a permitted use in the district in which the signs are located, and all signs shall be located on the same lot as the permitted use and shall be clearly incidental, customary and commonly associated with the operation of the permitted use.

(G)

With the exception of misleading information and profanity, the Town does not intend by any provision of this code to regulate the content of any sign.

(H)

Off-premises signs are prohibited.

(I)

All lighted signs not associated with a business, such as but not limited to a school, church, etc., must be turned off no later than 10:00 p.m. each day.

(J)

All temporary signs must be applied for and approved by the Town Administrator or his/her designee, whether a fee is charged for the sign or not, and the applicant must supply the date when the sign will be erected and also the date it will be removed on said application.

(K)

All signs, including temporary signs, must be maintained in good condition at all times or they will be subject to removal from their permitted location until necessary maintenance is completed on them.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Awning, banner, bulletin board, canopy, changeable copy, creative, directional, identification, incidental, marquee, nameplate, portable, suspended, or similar two-dimensional signs.

1.

The area of the sign face within a continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures shall be counted in calculating sign area.

(B)

Free-standing and monument signs.

1.

Signs composed of one (1) or two (2) individual sign faces: The area of the single largest sign face (if the sign faces are different sizes) shall be counted in calculating sign area by using the following formula. The area enclosing the perimeter shall be summed to determine total sign area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is not written advertising copy on such embellishments.

2.

Signs composed of more than two (2) sign faces: The area enclosing the entire perimeter of each sign face shall be calculated and shall be summed with all other sign faces and divided by one-half (½) to determine total sign area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is not written advertising copy on such embellishments.

(C)

Projecting signs.

1.

The area of the single largest sign face (if the sign faces are different sizes) within a continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures shall be counted in calculating sign area.

(D)

Wall signs.

1.

The area of the sign face free of architectural details on the facade of a building or part of a building within a continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures shall be counted in calculating sign area.

(E)

Other signs.

1.

Other signs that do not fall into any single sign area calculation category due to geometry, design or other characteristics shall be calculated using one (1) or more of the most applicable aforementioned methodologies and based upon the more restrictive area calculation method as determined by town staff.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Sign permit required. To ensure compliance with the regulations of this Article, a sign permit shall be required in order to erect, move, alter, reconstruct or repair any permanent or temporary sign, except signs that are exempt as set forth in Section 16-25-90 (Exempt Signs). In multi-tenant buildings, a separate permit shall be required for each business entity's sign(s). Separate building and electrical permits may be required for signs and will be determined on a case-by-case basis. Changing or replacing the copy or graphics on an existing lawful sign shall not require a permit, provided the change does not result in a violation of this Chapter.

1.

Temporary signs and banners. The Town may approve temporary sign permits subject to the following:

2.

The banner or temporary sign shall be securely attached to the wall of the establishment, freestanding signs or properly designed and structurally sound poles or posts on private property;

3.

One (1) banner or temporary sign per street frontage per establishment shall be permitted unless more than one (1) business occupies the same building. In that case, each business may be allowed to display a banner or temporary sign. However, the other limitations of this Section shall not be increased by the number of businesses at a location.

4.

Prior to display the staff must affix a weatherproof semi-permanent temporary sign permit approval sticker to each banner or temporary sign to document approval and timeframe for display.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Sign permit application requirements. Applications for sign permits shall be made in writing on forms furnished by staff. The application shall contain:

1.

The location by street number and the legal description of the property upon which the proposed sign structure is to be located;

2.

Names and addresses of the property owner, applicant (if different from the property owner), sign contractor and erectors;

3.

Evidence of a current contractor's license may be required at the sole discretion of the Town Administrator depending on the nature of the sign;

4.

Legible accurately scaled plan which includes the specific location of the sign and setbacks to adjacent property lines and buildings;

5.

A detailed accurately scaled drawing indicating the dimensions, materials, and colors of the proposed sign structure. A certification by a structural engineer may be required by staff for a freestanding or projecting sign;

6.

A graphic drawing or photograph of the sign;

7.

A description of the lighting to be used including a listing of the energy conservation measures incorporated in sign (light fixture type(s), materials used etc.), fixture specifications, bulb type, wattage and placement;

8.

Proof of premises liability insurance covering freestanding, projecting and wall signs;

9.

Payment of a nonrefundable sign permit fee as established by the current fee schedule. The applicant shall pay all costs billed by the Town of Fairplay relative to the review of the application including review fees by outside consultants. Approved sign permit applications shall expire six (6) months from the date of issuance if installation of the sign has not been completed. A single six (6) month extension may be granted administratively upon completion of an extension application including a written narrative by the applicant explaining the basis for the extension request and payment of an extension application fee.

(B)

Sign permit application review of completion. Within five (5) business days of the date of submission of an application, the Town Administrator or his/her designee shall determine whether the application is complete. If the application is deemed incomplete the Administrator shall give written notice of the deficiency to the applicant. The applicant shall have five (5) business days (or such other additional time as Administrator may grant in his or her sole discretion) to correct the deficiency or the Administrator may deny the application for failure to achieve completeness.

(C)

Review and approval. When the application has been determined to be complete, the Administrator or his or her designee shall review the sign permit in accordance with the established review criteria. Within five (5) business days of the determination of completeness the Administrator must issue a written decision on the application. The Administrator may approve, approve with conditions or deny the sign permit. Upon approval of the sign permit, the sign permit and any building permits required for the sign must be obtained by the applicant prior to construction. Electrical permits, if required, shall be obtained from the state electrical inspector and evidence of an approved permit shall be provided to the Town prior to construction.

(Ord. 2015-3, §1, 1-4-2016)

(A)

The following review criteria will be used by the Town of Fairplay staff to evaluate all sign permit applications:

1.

Sign meets the requirements of this Article;

2.

Sign conforms to the requirements of all applicable codes including, but not limited to, building and electrical codes;

3.

Sign conforms to the applicable zoning requirements, including but not limited to, size, height, material and location for the zone district in which it is located;

4.

Sign would not create visual obstructions which adversely impact public safety and/or that otherwise interfere with pedestrian or vehicular safety;

5.

Sign would not detract from the character of an architectural, historic, or scenic area;

6.

Sign would not be located so as to have a negative impact on adjacent residential property including, but not limited to, impacts from excessive lighting, shading of or impairment of solar access, visibility of or from public rights-of-way and similar adverse impacts;

7.

Sign would not impair pedestrian access of a street or area; and

8.

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

(Ord. 2015-3, §1, 1-4-2016)

(A)

An applicant may file an appeal of the Administrator's decision on a sign permit application to the Board of Trustees for any of the reasons set forth below. Sign application appeals to the Board of Trustees shall be filed with the Town Clerk no later than ten (10) calendar days after the date of action by the Administrator. The following items constitute a basis upon which an applicant may file an appeal. Notice of appeal shall be in writing and shall state specifically any action appealed from and the grounds for such appeal.

(B)

Failure of the Administrator to provide a written response concerning completion of an application within five (5) calendar days of the Town's receipt of the sign permit application.

(C)

Any written decision rendered by the Administrator concerning a permit or an interpretation of this Article.

(D)

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 Administrator under the same criteria applied by the Administrator. The Board of Trustees is not bound by the findings and determinations of the Town Administrator, but may give such findings deference as determined by Board of Trustees.

(Ord. 2015-3, §1, 1-4-2016)

Any variance requested in association with a sign shall be processed pursuant to the provisions of Article XXII of the Fairplay Municipal Code.

(Ord. 2015-3, §1, 1-4-2016)

(A)

The following types of signs are exempt from permit requirements of this Article and may be placed in any zone district subject to the provisions of this Article. Such signs shall otherwise be in conformance with all applicable requirements contained in this Article. All such signs (except government signs) shall be located outside of public street right-of-way. Signs shall not interfere with traffic signs or the sight distance triangle at intersections. Evidence of owner's permission to install sign may be required. All other signs shall be allowed only with permit and upon proof of compliance with this Article.

1.

Non-illuminated signs not to exceed two (2) square feet in area.

2.

Non-illuminated building identification historical marker signs not exceeding four (4) square feet, constructed of metal, wood or masonry which are permanently affixed to buildings or structures for the purpose of identifying the name of a building, date of erection or other historical information as approved by staff.

3.

Temporary signs provided that:

a.

Such signs are removed within thirty (30) days after installation.

b.

Signs in conjunction with any residential use shall not exceed eight (8) square feet each.

c.

Temporary signs shall be oriented to public or private streets.

d.

Such signs shall not be illuminated.

e.

Such signs shall only be installed on the private property on which the activity that is the subject of the sign is located.

4.

Non-illuminated or indirectly illuminated incidental sign signs limited to one (1) such sign for each use, not to exceed four (4) square feet or eight (8) square feet in total area. Such signs may be attached to the building, as projecting or wall signs, suspended from a canopy or included as an integral part of a freestanding sign or placed in window.

5.

Temporary holiday decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, state, local or religious holiday or celebration; provided that such signs shall be displayed for not more than sixty (60) days in any one (1) year; and may be of any type, number, area, height, location, illumination or animation.

6.

On-premises directional or instructional signs not exceeding four (4) square feet in area apiece.

7.

Window signs affixed, painted on or otherwise attached to glass.

8.

Flags, crests or banners that do not exceed thirty (30) square feet.

9.

Temporary or permanent signs erected by the Town of Fairplay.

10.

Public information signs which identify restrooms, public telephones or provide instructions as required by law or necessity, provided the sign does not exceed two (2) square feet in area or as approved by staff and is non-illuminated, internally illuminated or indirectly illuminated. (This category shall be interpreted to include such signs as "no smoking," "restrooms," "no solicitors," "self-service" and similar informational signs.)

11.

Regulatory signs erected on private property, such as "no trespassing" signs, which do not exceed two (2) square feet per face or four (4) square feet in total surface area and limited to four (4) such signs per property.

12.

A single temporary portable sandwich board sign not exceeding four (4) square feet and no more than eighteen (18) inches wide placed in front of the business and only during business hours on sidewalk in a manner that does not present a risk to public safety, accessibility (including handicap) or visibility.

13.

Scoreboards. Scoreboards for athletic fields.

14.

Displays of string lights, provided to comply with the following standards.

a.

They are steady burning, clear, non-colored bulb lights. No blinking, flashing, intermittent changes in intensity or rotating shall be permitted.

b.

They are no greater in intensity than five (5) watts.

c.

They shall not be placed on or used to outline signs, sign supports, awnings and/or canopies.

d.

They shall not be assembled or arranged to convey messages, words, commercial advertisements, slogans and/or logos.

e.

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

f.

They shall be placed only on private property.

g.

They shall be maintained and repaired 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 Article.

26.

No permit shall be required for text or copy changes on conforming or legal nonconforming signs specifically designed to permit changes of the text or copy; provided that there are no structural changes, changes to sign area, change in illumination or other modifications.

27.

Signs displaying time and temperature devices provided they are not related to a product.

28.

Signs for the control of traffic or other regulatory purposes including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his/her duty.

29.

All "vacancy" and "no vacancy" signs, where they are non-illuminated, internally illuminated, indirectly illuminated or directly illuminated signs; provided that the area of the sign does not exceed two and one-half (2½) square feet per face. Also, signs designed to indicate vacancy such as "yes," "no" or "sorry" shall also be exempt under the provisions of this paragraph if they meet the area requirement.

30.

Motor vehicle for sale signs provided there is only one (1) sign per vehicle, the sign does not exceed two (2) square feet, and the vehicles are located on private property.

31.

Signs displayed on trucks, buses, trailers or other vehicles which are regularly being operated or stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, rental trucks and trailers and the like, shall be exempt from the provisions of this Article, provided that the primary purpose of such vehicles is not for the display of signs, and provided that they are parked or stored in areas appropriate to their use as vehicles for periods that do not exceed thirty (30) days.

32.

A sign permit shall not be required for vending machine signs.

(Ord. 2015-3, §1, 1-4-2016)

(A)

The following signs are inconsistent with the purposes and standards in this Article and are prohibited in all zoning districts.

1.

Animated signs or signs that flash, rotate, blink or moving signs, signs with moving, rotating or flashing lights or signs that create the illusion of movement, except for time and temperature devices.

2.

Any sign that is erected in such a location as to cause visual obstruction or interference with motor vehicle traffic, or traffic-control devices including any sign that obstructs clear vision in any direction from any street intersection or driveway.

3.

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

4.

Off-premises signs.

5.

Any sign which 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.

6.

Any sign located in such a way as to intentionally deny an adjoining property owner visual access to an existing sign.

7.

Portable signs or signs not permanently affixed or attached to the ground or to any structure, except as permitted by this Article.

8.

Searchlights.

9.

Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy.

10.

Inflatable freestanding signs or tethered balloons or other inflatable figures or devices installed with the primary purpose of attracting attention.

11.

Stationery or portable electronic message boards except governmental signs.

12.

Wind signs designed or installed to be activated by movement of the atmosphere.

13.

Any sign (together with its supporting structure) now or hereafter existing which, ninety (90) days or more after the premises have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located. If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the Building Official upon good cause for such extension being shown. (This provision shall not apply to permanent signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business).

14.

Any sign or sign structure which:

a.

Is structurally unsafe;

b.

Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation;

c.

Is not kept in good repair; or

d.

Is capable of causing electrical shocks.

15.

Any sign or sign structure which:

a.

In any other way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official sign;

b.

Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering a motor vehicle;

c.

Creates in any other way an unsafe distraction for motor vehicle operators or obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Whenever a business, industry, service or other use is discontinued, the sign(s) pertaining to the use shall be removed by the person or entity owning or having possession over the property within ninety (90) days after the discontinuance of such use.

(B)

The Town of Fairplay may cause the removal of illegal signs in the public right-of-way or on property that is otherwise abandoned that has been placed there without first complying with the requirements of this Article.

(C)

Signs removed by the Town or its designee in compliance with this Article shall be stored by the Town of Fairplay for thirty (30) days, during which they may be recovered by the owner only upon payment to the Town of Fairplay for costs of removal and storage. If not recovered within the thirty (30)-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the Town of Fairplay. The costs of removal and storage, up to thirty (30) days, may be billed to the owner. If not paid, the applicable costs may be imposed as a tax lien against the property.

(Ord. 2015-3, §1, 1-4-2016)

(A)

The provisions of this Article shall be enforced by the Administrator in conformance with Article II of this Chapter.

(B)

Violations of this Article shall be subject to the penalties of the Town of Fairplay Municipal Code.

(Ord. 2015-3, §1, 1-4-2016)

SIGN AREA MEASUREMENT

(A)

Sign surface area. The area of a geometric shape enclosing any message, logo, symbol, name, photograph or display face shall be measured using standard mathematical formulas. Time and temperature devices shall not be included within the measurement of maximum sign area.

(B)

Sign support. Supporting framework or bracing that is clearly incidental to the display itself and does not include logos, advertising text or similar commercial messages shall not be computed as sign area.

(C)

Back-to-back (double-faced) signs. Back-to-back signs shall be regarded as a single sign only if mounted on a single structure, and the distance between each sign face does not exceed two (2) feet at any point.

(D)

Three-dimensional signs. Where a sign consists of one (1) or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture), the sign area shall be measured as their maximum projection upon a vertical plane. Signs with three-dimensional objects that exceed a projection of six (6) inches from the sign face may be approved in compliance with Section 16-25-160 (Creative Signs).

(E)

Wall signs. The area of a rectangle or geometric shape that most closely outlines the sign face or letters of the sign shall be the calculated sign area.

(F)

Sign height. The height of a sign shall be measured from the highest point of a sign, excluding decorative embellishment, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. When berms are used in conjunction with signage, the height of the sign shall be measured from the mean elevation of the fronting street.

(G)

In addition to the aforementioned measurement requirements the following standards apply to the following specific types of signs

1.

Awning sign which is painted, stitched, sewn or stained onto the exterior of an awning and which is a movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.

SIGNS

a.

Location. Signs may be placed only on awnings that are located on first- and second-story building frontages, including those fronting a parking lot or pedestrian way. No awning sign shall project beyond, above or below the face of an awning and no part of the sign shall extend beyond the property boundary.

b.

Maximum area and height. Sign area shall comply with the requirements established by 16-25-170 Sign Matrices. No structural element of an awning shall be located less than eight (8) feet above finished grade. Awnings on which awning signs are mounted may extend over a public right-of-way no more than seven (7) feet from the face of a supporting building but in no case shall extend over a roadway or parking area. No awning, with or without signage, shall extend above the roof line of any building.

c.

Lighting. Awnings shall not be internally illuminated except as part of a creative sign. Lighting directed downwards that does not illuminate the awning is allowed.

d.

Required maintenance. Awnings shall be regularly cleaned and kept free of dust and visible defects.

2.

Canopy signs. A canopy sign is a wall sign that is permanently affixed to a roofed shelter attached to and supported by a building, by columns extending from the ground or by a combination of a building and columns.

SIGNS

a.

Maximum area and height. Sign area shall comply with the requirements established by 16-25-170 Sign Matrices. No canopy, with or without signage, shall extend above the roof line of any building. No canopy sign shall project above the top of the canopy upon which it is mounted. However, such signs may project horizontally from the face of a canopy the distance necessary to accommodate the letter thickness and required electrical equipment, but not more than twelve (12) inches (measured from the bottom of the sign). Under-canopy signs which are perpendicular to the face of the building shall be deemed to be projecting wall signs. Under-canopy signs which are parallel to the face of the building shall be a minimum of eight (8) feet above grade and shall be deemed to be flush wall signs.

b.

Required maintenance. Canopies shall be regularly cleaned and kept free of dust and visible defects.

3.

Freestanding signs. A freestanding sign is a sign which is supported by one or more columns, uprights, poles or braces extended from the ground, or which is erected on the ground and shall also include a monument sign and pole signs but does not include a sign attached to a structure.

a.

Location. The sign may be located only on a site frontage adjoining a public street. No freestanding sign in any zone district can be erected so as to encroach on adjoining property or right-of-way. All portions of the sign shall be located inside the property boundaries of the lot on which it is located.

b.

Maximum area and height. The sign shall comply with the height and area requirements established in Section 16-25-140 Sign Matrices.

c.

Sign mounting. The sign shall be mounted on one (1) or more posts or have a solid monument-type base. Posts shall not have a diameter greater than twelve (12) inches. Pole bases shall be protected by concrete or a similar sturdy structure to prevent damage. Pole base structures may be used as landscaping planters.

d.

Pole signs. Pole signs should not be so large as to obscure the patterns of front facades and yards.

4.

Monument signs. A monument sign is a permanent sign where the entire bottom of the sign is affixed to the ground, not to a building.

a.

Location. The sign may be located only along a site frontage adjoining a public street.

b.

Maximum area and height. The sign shall comply with the height and area requirements established in Section 16-25-140 Sign Matrices.

c.

Design. The design of a monument sign shall be consistent with the overall scale of the building. The design and placement of the sign shall not obstruct traffic safety sight distance areas. Project monument signs shall contain only the name and address of the project which it identifies.

d.

Landscaping requirements. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, twenty (20) square feet of sign area equals forty (40) square feet of landscaped area. The Board of Trustees may reduce or waive this requirement if it is determined that the additional landscaping would not contribute significantly to the overall aesthetic character of the project.

5.

Projecting signs. A projecting sign is any sign supported by a building wall and projecting therefrom at least twelve (12) inches or more horizontally beyond the surface of the building to which the sign is attached, but shall not extend more than four (4) feet from the building face.

a.

Location. Projecting signs shall be placed only on a ground floor facade, except for businesses located above the ground level with direct exterior pedestrian access. Projecting signs shall generally align with other projecting signs in the block to create a "canopy line" that gives scale to the sidewalk.

b.

Maximum area and height. Projecting signs shall not be higher than the wall from which the sign projects if attached to a single story building, or the height of the bottom of any second story window if attached to a multi-story building. Projecting signs must have eight (8) feet clearance, and may not extend more than four (4) feet from the building wall except where the sign is an integral part of an approved canopy or awning. The size of projecting signs is limited to three (3) feet wide and six (6) square feet.

c.

Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign.

d.

Quantity. The number of projecting signs is limited to one (1) per business.

6.

Time and/or temperature sign which is displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property.

a.

Maximum area. Time and/or temperature signs which do not exceed ten (10) square feet shall not be required to be included in the allowable sign area permitted in 16-25-170 Sign Matrices; provided however, that any identification or advertising which is attached to or made part of the same sign structure shall be included in the allowable sign area for the premises.

b.

Design. The sign shall be designed in a manner that is compatible with other signs on the site and with the structure on which it is placed.

c.

Maintenance. It shall be the responsibility of the owner of such signs to maintain such signs and ensure that they are kept accurate. If these conditions are not met, the sign shall be repaired or removed.

7.

Wall sign painted on, incorporated in or affixed to the building wall, or any sign consisting of cut-out letters or devices affixed to the building wall with no background defined on the building wall.

a.

Location. The sign shall not be placed to obstruct any portion of a window, doorway or other architectural detail. Locate wall signs on buildings at the first floor level only for retail uses. No part of a wall sign shall be located more than twenty-five (25) feet above grade level nor shall it extend above the building eave.

b.

Maximum area and height. Wall signs shall not be higher than the eave line of the principal building. The sign shall comply with the height and area requirements established in Section 16-25-17 Sign Matrices.

c.

Projection from wall. No sign part, including cut-out letters may project from the surface upon which it is attached more than required for construction purposes and in no case more than twelve (12) inches.

8.

Window sign that is painted on, applied or attached to a window or that can be read through the window from the public right-of-way, placed at or below the second floor level.

a.

Maximum area. When a sign is displayed in a window and is visible beyond the boundaries of the lot upon which the sign is displayed, the total area of such sign shall not exceed twenty-five percent (25%) of the window or door area at the ground floor level; and twenty-five percent (25%) of the total allowable sign area for the premises.

b.

Lighting. All illuminated window signs shall be included in the total allowable sign area for the premises.

c.

Temporary window signs. Temporary signs or posters displayed for periods not exceeding fourteen (14) days shall be exempt from limitations for window signs.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Design compatibility.

1.

Creative sign design is encouraged. Signs shall make a positive contribution to the general appearance of the street and commercial area in which they are located. A well-designed sign can be a major asset to a building. The Town of Fairplay encourages imaginative and innovative sign design. The creative sign application procedure (Section 16-25-160) is specifically designed for artistic and unusual signs that might not fit the standard sign regulations and categories.

2.

The scale of signs shall be appropriate for the building on which they are placed and the area in which they are located. Building signs shall be compatible in scale and proportion to the building facade upon which they are mounted.

3.

Sign location and placement shall conform to the following standards.

a.

Signs shall not visually overpower nor obscure architectural features.

b.

Signs shall be carefully coordinated with the architectural design, overall color scheme and landscaping. Signs shall be designed to complement or enhance the other signs for a building.

c.

Whenever possible, signs located on buildings with the same block-face shall be placed at the same height, in order to create a unified sign band. Wall signs may be located at the first floor level only for retail uses.

d.

Monument signs should be located in a planter setting within a landscaped area at the primary entries to residential, commercial and industrial subdivisions to provide an overall project identity.

e.

Pedestrian-oriented signs are encouraged. It is desirable to include a pedestrian-oriented sign as one (1) of the permitted signs for a business. These signs are designed for and directed toward pedestrians so they can easily and comfortably read the sign as they stand on a sidewalk or location adjacent to the business.

f.

No sign shall be erected within the road right-of-way or near the intersection of any road(s) or driveways in such a manner as to obstruct free and clear vision of motorists or pedestrians or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Signs located at an intersection must be outside of any required sight distance triangle.

4.

Freestanding signs shall be landscaped at their base in a way harmonious with the landscape concept for the whole site. Landscaping shall form an attractive, dense cluster at the base of the sign that is equally attractive in winter and summer.

5.

Signs adjacent residential neighborhoods shall be designed and located so that they have little or no impact on residential areas,. Small-scale signs are encouraged.

6.

Colors shall be selected to contribute to legibility and design integrity. Sign colors shall complement the colors used on the structures and the project as a whole. Colors or combinations of colors that are harsh and disrupt the visual harmony and order of the street are unacceptable.

7.

Substantial contrast between the color and the material of the background and the letters or symbols will make the sign easier to read during both the day and night. Light letters on a dark background or dark letters on a light background are most legible.

8.

Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs shall be avoided.

9.

Signs shall be constructed of durable, high quality architectural materials. The sign package must use materials, colors and designs that are compatible with the building facade. Sign materials must be of 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.

10.

Signs shall be adequately legible under the circumstances in which they are primarily seen. The legibility of signs is related to:

a.

The speed at which they are viewed;

b.

Distance from the edge of the right-of-way;

c.

The context and surroundings in which they are seen; and

d.

The design, colors and contrast of the sign copy and sign face.

e.

The design of the sign including copy, lettering size and style, and colors shall logically relate to the average speed of the traffic which will see it. Signs shall legibly convey their messages without being distracting or unsafe to motorists reading them. Symbols and logos can be used in place of words whenever appropriate.

11.

Unnecessary lighting is to be avoided.

Use of Existing Illumination

12.

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

13.

All lighted signs incorporating a direct light source shall be designed to direct lighting to illuminate only the face of the sign. External light sources aimed at a sign shall be concealed from pedestrians' and motorists' lines of sight.

14.

Signs must be illuminated in a way that does not cause lighting trespass, illumination of adjacent properties, over-lighting or glare onto the street and adjacent properties. Signs shall be lighted only to the minimum level for nighttime readability.

15.

All lighted signs shall meet all applicable electrical codes and the electrical components used shall bear the label of an approval agency. Additionally, electrical permits shall be obtained for electric signs.

16.

Flashing, moving, blinking, chasing or other animation effects shall be prohibited on all signs except time and temperature signs.

17.

Neon tubing is an acceptable method of sign illumination for window signs in commercial districts.

18.

The use of individually cut, back-lit letter signs is encouraged.

19.

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

(Ord. 2015-3, §1, 1-4-2016)

(A)

Projecting signs shall be mounted so they generally align with others in the block.

(B)

Owners of signs extending over public right-of-way shall be required to maintain public liability insurance in an amount to be determined appropriate by the Town of Fairplay, in which the Town of Fairplay is named as an "other or named insured."

(C)

All signs and all components thereof, including sign structures and sign faces, 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 safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.

(D)

The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including any illumination sources in neat and orderly condition, and in a 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. The sign must also be in compliance with all building and electrical codes.

(E)

The owner of any sign regulated by this Article shall be required to keep signs and supporting hardware, including temporary signs and time/temperature signs 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.

(F)

The Town of Fairplay may inspect any sign governed by this Article 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. 2015-3, §1, 1-4-2016)

(A)

Purpose. This Section establishes standards and procedures for the design, review and approval of creative signs. The purposes of this creative sign program are to:

1.

Encourage signs of unique design, and that exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and

2.

Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the Town of Fairplay, while mitigating the impacts of large or unusually designed signs.

(B)

Applicability. An applicant may request approval of a Sign Permit under the creative sign program to authorize on-site signs that employ standards that differ from the other provisions of this Article but comply with the provisions of this Section.

(C)

Approval authority. A sign permit application for a creative sign shall be subject to approval by the Board of Trustees.

(D)

Application requirements. A sign permit application for a creative sign shall include all information and materials required by the Town of Fairplay, and the filing fee based on the same fee schedule as a building permit.

(E)

Design criteria. In approving an application for a creative sign, the Board of Trustees shall ensure that a proposed sign meets the following design criteria:

1.

The sign shall constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;

2.

The sign shall be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit;

3.

The sign shall provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.

4.

The sign shall contain at least one (1) of the following elements:

a.

Classic historic design style;

b.

Creative image reflecting current or historic character of the Town of Fairplay.

c.

Symbols or imagery relating to the entertainment or design industry; or

d.

Inventive representation of the use, name or logo of the structure or business.

5.

The following architectural shall be incorporated in the sign design:

a.

Utilize and/or enhance the architectural elements of the building.

b.

Be placed in a logical location in relation to the overall composition of the building's façade.

c.

Not cover any key architectural features/details of the façade.

(Ord. 2015-3, §1, 1-4-2016)

The following section of these regulations corresponds to the following zone districts identified on the Fairplay Zone District Map.

1.

Residential Districts.

2.

Commercial District.

3.

Civic Center District.

4.

Town Center, Transitional and Multi-use Districts.

5.

Parks District.

6.

Light Industrial District.

This section includes a series of sign matrices that address permitted, exempt or prohibited signs, sign area, sign illumination and sign height. These tables are intended to assist the user in understanding the type, size, illumination and height of various signs in each zone district. This information is intended to be used in conjunction with the Fairplay Zone District Map and other sections of these regulations.

(a)  Allowed in place of a wall sign and one (1) per individual building tenant.

(b)  Downward and direct illumination only; when placed on subdivision entry features, only the sign face shall be used to calculate the sign area.

(c)  Minimum horizontal distance between signs on the same property is seventy-five (75) feet.

(d)  In place of project monument sign; not allowed on local or collector streets. Minimum horizontal distance between signs on the same property is seventy-five (75) feet.

(e)  One (1) per individual tenant building frontage. The sum of all wall signs on a given wall shall not exceed five (5) percent of the wall area, but shall not exceed one hundred fifty (150) square foot; cannot be more than twenty-five (25) feet above grade level or higher than the eave line of the principal building; first floor level only for retail uses.

(f)  One (1) per street frontage, all signs may be no higher than the eave line of the principal building; may be lighted (shielded light source) and include name and address of facility only. Home occupation, child care center and bed and breakfast only.

(g)  Illuminated window signs shall be included in the total allowable sign area for the premises.

(h)  Temporary signs or posters displayed for periods not exceeding fourteen (14) days announcing or advertising events sponsored by noncommercial organizations shall be exempt from limitations for window signs.

(a)  Downward aimed direct light source only; may not be illuminated between 10:00 p.m. and 7:00 a.m. if within five hundred (500) feet of existing residential uses.

(b)  Illuminated window signs shall be included in the total allowable sign area for the premises.

(a)  May be no higher than the eave line of the principal building.

(b)  Minimum height above sidewalk or grade eight (8) feet. Shall not be higher than the eave from which the sign projects if attached to a single story building or fifteen (15) feet above grade whichever is less or the height of the bottom of any second story window if attached to a multi-story building.

(c)  Cannot be twenty-five (25) above grade level or higher than the eave line of the principal building; first floor level only for retail uses

(d)  Window signs visible beyond the boundaries of the lot upon which the sign is displayed shall not exceed twenty-five (25) percent of the window or door area at the ground floor level; and twenty-five (25) percent of the total allowable sign area for the premises.

(Ord. 2015-3, §1, 1-4-2016)

Animated sign means any sign or exterior graphic display device, or any part thereof, which changes physical position by movement or rotation.

Awning, canopy or marquee sign means a sign that is mounted or painted on or attached to an awning, canopy or marquee.

Architectural detail means any projection, relief, cornice, column, change of building material, window, or door opening on any building.

Art means things that have form and beauty, including paintings, sculptures or drawings.

Attention-getting device means any flag, streamer, spinner, pennant, costumed character, light, balloon, continuous string of pennants, flags, fringe or similar devices or ornamentation used primarily for the purpose of attracting attention for promotion or advertising a business or commercial activity which is visible by the general public from any public right-of-way or public area.

Back-lit: See internal lighting.

Banner means a long strip of cloth or similar material securely affixed to a pole, wire or rope which is located outdoors and which has lettering on it as an advertisement, greeting or similar message.

Billboard means a large stationary outdoor advertising device having the capacity of being visible from a state highway.

Building frontage means the lineal measured width of a building facing a street. In the case of a corner lot, the building frontage may be either of the street frontages, but not both, at the option of the property owner.

Building identification sign means a wall sign, a freestanding sign or copy painted on a building that states the name of the building, but does not advertise any business or product.

Bulletin Board means a type of changeable copy sign located on a premises used for temporary posting of bulletins, notices, events, meetings, but is not used to display commercial messages relating to products or services that are offered on the premises. Bulletin boards may be open or enclosed, and/or protected by glass, Plexiglas or a similar clear protective cover.

Business identification sign means any sign identifying the name of the business.

Business lot frontage means the lineal measured width of the lot, measured parallel to the street, on which the business resides. In the case of a corner lot, the building frontage may be either of the street frontages, but not both, at the option of the property owner.

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

Civic event means any type of race, parade, show, competition, entertainment or community activity to which the general public is invited, either expressly or by implication.

Changeable copy means copy that is changed manually in the field or changes automatically at intervals of more than once every one hundred eighty (180) seconds.

Class A banner means a banner, the primary purpose of which is to inform the public about a civic event.

Class B banner means a banner, the primary purpose of which is to inform the public about a temporary activity such as community/social events, entertainment or special limited sales.

Clearance means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

Code means the Town of Fairplay Municipal Code (FMC).

Community information board means a sign used to publicize community-wide events.

Construction sign means a temporary sign erected on the premises on which construction is taking place during the period of such construction.

Convention means an assembly, often periodical, of members or delegates of a bona fide political, social, professional or religious group or organization.

Copy means any graphic, letter, numeral, symbol, insignia, text sample, model, device or combination thereof that is primarily intended to advertise, identify or notify.

Decorative sign means a mural or historically significant logo painted on a building.

Directional sign means a sign with a symbol indicating direction of travel and may be found, for example, at the exit or entrance of a premises that has two (2) or more driveways or adjacent to a street off of the right-of-way.

Directory sign means a sign that serves as a common or collective identification of two (2) or more uses on the same property and which may contain a directory to the uses as an integral part thereof or may serve as a general identification for such developments as shopping centers, industrial parks and similar uses.

Electric sign means any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

External illumination means illumination of a sign that is affected by an artificial source of light not contained within the sign itself.

Façade means the entire building front including the parapet and any other architectural details which faces and is parallel to or nearly parallel to a public or private street. There can be only one (1) building façade for each street upon which a building faces.

Face means the area of a sign on which the advertising message or graphics are placed.

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

Freestanding sign means any sign independent of buildings and consisting of self-supporting elements.

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

Government sign means any temporary or permanent sign erected and maintained by the Town, County, State of Colorado, federal government, or other duly organized and constituted governmental or quasi-governmental entity.

Graphics means the presentation of information, logos, or symbols in the form of diagrams and illustrations instead of as words or numbers.

Ground sign means a sign supported by one (1) or more uprights, posts, or bases placed upon or affixed in the ground and not attached to any part of a building. It includes a pole sign, freestanding sign and a monument sign.

Hanging sign: See projecting sign.

Height means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.

Highway sign means a building or business identification sign or subdivision entrance sign which is displayed adjacent to a street where the posted speed limit is greater than thirty-five (35) m.p.h.

Historic Center means the Town of Fairplay Town Center District as described in Article V and Article VIII of this Chapter.

Historic place sign means any sign indicating the historical significance of a site or structure.

Historic sign means any sign that has historic significance as determined by the Board of Trustees.

Information sign means a sign used to dedicate or provide information or direction with respect to permitted uses on the property, including but not limited to signs indicating the hours of operation and such signs as "no smoking," "open," "closed," "restrooms," "no solicitors," "deliveries in rear," current credit card signs, trade association emblems and the like.

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 street, sidewalk or adjacent property.

Internal lighting means a light source supplied to the internal portion of a sign illuminating the surface of the sign.

Master sign plan means a sign plan of any multiple-use office or commercial building which includes the number, size, description and location of all signs located, or to be located, in or upon such property.

Marquee means a permanent structure other than a roof, awning, or canopy which is attached to, supported by, and projecting from a building. Marquees are often, but not always, designed to accept the placement of changeable copy, typically for the purpose of announcing current or upcoming events at the premises.

Menu display box means a freestanding or wall sign enclosed in glass for the express purpose of displaying menus. This shall include menus displayed flat against the interior of a window.

Monument sign means a ground sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole.

Moving sign means a sign that moves or that simulates motion.

Movement means physical redirection or revolution up or down, around, or sideways that completes a cycle of change at set intervals.

Multiple store fronts means several businesses in the same building with the same lot frontage.

Neon tube illumination means a source of light for signs supplied by a tube filled with neon or other inert gas and which is bent to form letters, symbols, or other shapes.

Nonconforming sign means any sign lawfully established prior to the initial enactment of or amendment to the regulations contained in this code, which does not conform to the requirements presently in effect.

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

Off-premises sign means any sign placed other than on the parcel of land or premises wherein or upon which the business or activity in reference is located.

Official sign means any sign required by law or authorized for public or quasi-public institutions to meet the needs of public information, health, safety and welfare.

On-premises sign means a sign that advertises or directs attention to a business, product, service or activity that is available on the premises where the sign is located.

"Open" and "closed" sign means any sign indicating that a business is open or closed.

Outline lighting means strings of lights or lighting tubes that outline windows, the shape of the building or are used to decorate trees. Outline lighting arranged in the shape of a product being sold or to spell out a commercial message is a sign rather than a festive decoration and is not allowed. Outline lights include those that blink randomly, but exclude lights that simulate motion or flash on and off all at once.

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

Parapet means the extension of a false front or wall above a roofline.

Permanent sign means any sign made of a durable material affixed, lettered, attached to or upon a fixed, non-movable supporting structure.

Portable sign means a sign designed to be transported and not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building including, but not limited to, menu and sandwich board signs.

Projecting sign means a sign other than a wall sign which projects eight (8) inches or more from, and is supported by, a wall of a building or structure.

Reflective surface means any material or device that has the effect of intensifying reflected light, including but not limited to Scotchlite, Day-Glo, glass beads and luminous paint.

Residential nameplate means a type of sign allowed for the sole purpose of identifying the inhabitants of a residential structure, the house name or identifying the address of the residence. The sign may not contain any form of advertising.

Roof sign means any sign erected upon or over the roof or parapet of any building.

Sandwich board sign means a temporary sign that is constructed with two (2) pieces of material, connected at the top, which pieces form a triangular shape and are self-supporting, also known as an "A-frame" sign.

Separate frontage means a second building frontage, parallel and adjacent to a public right-of-way and on the opposite side of a building's primary frontage, which includes a public entrance.

Sign means any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure or object on any land or on any other structure or produced by painting, posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface. Displayed merchandise shall not be considered a sign.

Sign area or surface area means the surface area that describes the largest square, rectangle, triangle, parallelogram, polygon or sphere that includes the face of the sign, frame, artwork and any spacing between letters, figures and designs, but not including any incidental decoration or the bracing or structure of the sign.

Sign illumination device means any fixture or mechanism used to shine light onto a sign or to make a sign luminous.

Sign owner means the person entitled to possession of such sign; the owner, occupant or agent of the property where the sign is located; or any person deriving a benefit from the sign.

Sign permit means a permit issued for the erection, construction, enlargement, alteration, moving or conversion of any sign and issued pursuant to the Building Code and the Fairplay Municipal Code.

Sign structure means any supports, upright braces or framework of a sign.

Size means the total area of the face used to display a sign, not including its supporting poles or structures. If a sign has two (2) faces that are parallel, not more than twelve (12) inches apart and supported by the same poles or structures, the size of the sign is one-half (½) the area of the two (2) faces. Spherical sign area shall be the entire surface of the sphere. The total area of multi-faced signs (more than two (2) faces) shall be one-half (½) the area of the two (2) smallest faces plus the total area of all faces greater than the two (2) smallest.

Statuary sign means any sign that is a modeled or sculptured likeness of a living creature or inanimate object.

Subdivision identification sign means a sign used to identify the name and entryway to a subdivision.

Suspended sign means a sign that is suspended from the underside of a horizontal plane surface of a building or structure such as a canopy, porch ceiling or portico and is typically used as a pedestrian scale sign.

Temporary sign means a non-permanent sign to be displayed for an individual time period of thirty (30) days or less.

Two-sided sign means any sign with two (2) identically sized faces no greater than twelve (12) inches apart or connected so as not to exceed a forty-five-degree angle.

Wall sign means a sign painted on or attached directly to an exterior wall of a building or that which is dependent upon a building for support, with the exposed face of the sign located in a place substantially parallel to the exterior building wall to which the sign is attached or which supports the sign.

Window sign means any permanent sign applied to, attached to or located within twelve (12) inches of the interior of a window that can be seen through the window from the exterior of the structure.

(Ord. 2015-3, §1, 1-4-2016)