The purpose of this chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign requirements and standards. This chapter is intended to encourage signage that is informative, creative, and aesthetically acceptable, and which contributes to the common welfare and needs of local residents, businesses and visitors alike in a concise and fair manner and which encourages compliance.

The town council recognizes that signs are necessary means of visual communication for the public convenience and that businesses, services, and other activities have an interest in identifying themselves by using signs that are accessory and incidental to the use on the premises where the signs are located.

The provisions of the sign code are intended to:

(1)

Preserve the unique character of the Town of Gypsum;

(2)

Provide for business signs within reasonable limitations, consistent with the goals and objectives of the community, to retain the special character and economic advantages that rest largely on the quality of the town's appearance;

(3)

Protect the public from hazardous conditions by prohibiting signs that are structurally unsafe, obscure or distract the vision of motorists, or compete or conflict with necessary traffic signs and warning signals;

(4)

Eliminate hazards caused by the size and placement of signs to reduce the possibility of injuries to those coming near or under signs;

(5)

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

(6)

Ensure that signs are appropriate for the type of street on which they are located.

(7)

Bring nonconforming signs into compliance with these regulations.

This chapter shall be known and may be cited and referred to as the "Sign Code of the Town of Gypsum, Colorado" or the "sign code".

This chapter shall apply to all signs of whatever nature and wherever located within the Town of Gypsum. No sign shall be allowed except as permitted by this chapter.

The effective date of this chapter shall be August 14, 2000. Any sign for which a sign permit is issued subsequent to the effective date shall comply fully with the provisions of this chapter.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

External lighting means illuminated by exterior light sources, such as floodlights.

Flashing lights means lights, which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations.

Frontage means the horizontal, linear dimension of that side of a building that abuts a street, a parking area, a mall, or other circulation area open to the general public and that has either a main window display of the business or a public entrance to the building.

Ground sign means sign wholly supported by a sign structure in the ground.

Illumination, direct means lighting by means of an unshielded light source, including neon tubing, that is effectively visible as part of the sign, where light travels directly from the source to the viewer's eyes.

Illumination, indirect means lighting by the surface of a light source that is directed at the reflecting surface in such a way as to illuminate the sign from the front or a light source that is primarily designed to illuminate the entire building facade upon which a sign is displayed, but does not include lighting that is primarily used for purposes other that sign illumination, including without limitation, parking lot lights or lights inside a building that may silhouette a window sign that are not primarily installed to serve as inside illumination of a sign.

Illumination, internal means lighting by means of a light source that is within a sign having a translucent background, silhouetting opaque letters or designs, or that is within letters or designs that are themselves made of translucent material.

Maintenance means the replacing, repairing, or repainting of a portion of a sign structure, periodic changing of bulletin board panels, or renewing of copy that has been made unusable by ordinary wear and tear, weather or accident.

Nonconforming sign means any sign which was lawfully erected and maintained, but which does not meet the provisions of this sign code.

Nonilluminated means not supplied or brightened with light.

Permanent sign means any sign, which is permanently affixed or attached to the ground or to any structure.

Premises means the land, building or portion of the building occupied by the business or activity being conducted and sought to be advertised.

Portable sign means any sign not permanently attached to the ground or a building, not including signs attached to vehicles.

Real estate sign means a sign indicating the availability for sale, rent, or lease of the specific lot, building, or portion of a building upon which the sign is erected or displayed.

Setback means the required minimum distance measured horizontally between a property boundary or edge of pavement/back of curb and any part of a sign or sign structure.

Sign means any object or device or part thereof situated outdoors which is used to advertise, identify, direct, or attract attention to an object, person, institution, organization, purpose, product, service, contract, event or location by means of words, letters, figures, designs, symbols, fixtures, or colors.

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

Temporary sign means a sign, banner, or similar device or display that may be erected for a temporary period not to exceed 30 consecutive days or 60 days in any one-year period for any particular business.

The following signs, which shall be nonilluminated unless specifically stated to the contrary, are permitted in all zone districts and are exempt from the provisions of this sign code requiring a sign permit:

(1)

Public signs. Any sign erected by any governmental agency including, but not limited to, federal, state, county and municipal governments, school and recreation districts, but not including private water and sanitary sewer companies within their own right-of-way or ownership.

(2)

Interior or window signs. Signs within any structure or attached to the inside of any window of a structure.

(3)

Commemorative plaques. Any memorial or commemorative plaque or tablet that contains the primary name of a building, the date of erection and use of the building when the sign is built into the building or mounted flat against the wall of the building, or is designed to designate any particular location of historical significance as determined by the town.

(4)

Address signs. Any sign designed to identify a particular parcel of land, provided such contains only the street address and name of the owner of the property or the name of the property and does not exceed two square feet in area for residential land uses and five square feet in area for nonresidential land uses.

(5)

Special event signs. Special events such as a philanthropic campaign, church, circus, carnival or other community celebration, provided that such signs are removed within ten days of the termination of the event.

(6)

Real estate signs. Temporary, nonilluminated real estate signs indicating the availability for sale, rent, or lease of a specific lot, building, or portion of a building upon which this sign is erected or displayed which do not exceed six square feet in total area and four feet in height for residential properties or 20 square feet in total area and six feet in height for nonresidential properties and are located on the property advertised by the sign as being for sale or for rent, limited to one such sign per street frontage. Such signs shall not remain in place more than seven days following sale or rental of the subject property.

(7)

Building identification signs. Signs which identify by name or number individual buildings within institutional or residential building group complexes which are limited to signs attached to the building, not more than two signs per building, and not more than four square feet each. These signs may be illuminated or nonilluminated.

(8)

Traffic directional signs. Private traffic directional signs guiding or directing vehicular or pedestrian traffic onto or off of a lot or within a lot, when such sign does not exceed three square feet per sign per face in area and eight feet in height, does not contain any advertising or trade name identifications, and is either nonilluminated or is internally or indirectly illuminated. Private traffic control signals shall conform to the standards of the Colorado Manual of Uniform Traffic Control Devices and may exceed three square feet per face in area, but shall not exceed seven square feet per face. Such signs shall not exceed four feet in height and shall be set back at least five feet from the property line.

(9)

Information and directional signs.

a.

Signs commonly associated with and limited to information and directions related to the permitted use on the lot on which the sign is located, provided that each such sign does not exceed two square feet in total area and is either nonilluminated or is internally illuminated or indirectly illuminated. This category shall be interpreted to include such signs as "no smoking", "restroom", "no solicitors", "self service", "vacancy", and similar informational signs located at least five feet from the property line.

b.

Off-premises informational directional sign. A single or double-faced sign designed to give direction to a church, school, philanthropic organization, or similar use of a nonretail or nonbusiness nature. Sign may contain only the name of the organization, direction, and number of blocks. Sign shall be metal, no more than two square feet, and shall be mounted on minimum two-inch square steel pole. Bottom of sign shall be a minimum of seven feet above grade. Such signs may be located in the right-of-way with the written approval of the town or CHOT.

(10)

Courtesy signs. Nonilluminated or indirectly illuminated signs, which identify, as a courtesy to customers, items such as credit cards accepted and redemption stamps offered, shall not exceed four square feet per face or eight 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.

(11)

Flags. The flag, pennant, or insignia of any nation, organization of nations, state, county, city or town, any religious, civic, or fraternal organization or any educational institution.

(12)

Holiday decorations. Temporary decorations or displays when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday or celebration.

(13)

Warning signs. Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices.

(14)

Gasoline price signs. For gasoline or service stations, two unlighted signs or one lighted sign listing only the prices and types of gasoline available are permitted with each sign, not to exceed ten square feet in area or six feet in height.

(15)

Construction signs. A temporary sign not exceeding 32 square feet announcing subdivision, development, construction or other improvement of a property by a builder, contractor or other person furnishing services, materials or labor to said premises. For the purposes of this Code, a "construction sign" shall not be construed to be a "real estate sign" as defined herein and shall contain only project name; developer, architect, builder, and/or consultants; lending institution; and opening date. Such signs shall not remain in place more than seven days following the completion of the project.

(16)

Canopy signs. Lettering shall not exceed two square feet.

(17)

Garage sale sign. A sign advertising the existence of a garage sale for the sale of personal property and advertising the date, time and location of the garage sale with such signs having a maximum area of six square feet, a maximum height of three feet, and a minimum setback of ten feet, posted for the period three days prior and three days following the date of the garage sale. Such signs shall not block or interfere with traffic visibility.

The following signs shall be permitted with a sign permit issued pursuant to section 18.17.060 and in accordance with the conditions and prohibitions stated herein:

(1)

Class 1. Freestanding ground signs.

a.

Permitted in commercial, light industrial and heavy industrial zone districts.

b.

Characteristics: Intended to identify shopping or business centers, office/industrial/technical parks or centers and individual structures which are not within a shopping or business center.

c.

Maximum area:

1.

For developments over ten acres in size, 100 square feet.

2.

For developments ten acres or less in size and individual structures on lots over two acres in size, 60 square feet.

3.

For individual lots two acres in size or less, 32 square feet.

d.

Maximum height:

1.

For signs over 60 square feet in area, 25 feet.

2.

For signs over 32 square feet in area, but less than 60 square feet in area, eight feet.

3.

For signs 32 square feet in area or less, six feet.

e.

Minimum allowable setback from property line:

1.

For signs over eight feet in height or over 60 square feet in area, 25 feet.

2.

For signs eight feet in height or less and under 60 square feet in area, ten feet.

f.

Limitation and number:

1.

For developments or individual structures over ten acres in size, one per frontage with a maximum of two, with said signs to be identical in design.

2.

For developments or individual structures ten acres in size or less, one.

g.

Restrictions, clarifications and exceptions:

1.

Sign must be located on the premises.

2.

Identification signs for nonretail business centers or office/ industrial/technical parks or centers shall contain only the name, address and logo or trademark of the office park or center. Such signs may include the name of the tenants therein, with said names to be integrated into the overall design of the sign with the name of the center utilizing at least 50 percent of the sign area.

3.

Identification signs for retail shopping centers shall contain the name of the center and may include the names of any structure or tenants therein with the overall design of said signs to be of an integrated design.

4.

Lighted signs are permitted, but not flashing lights.

5.

No freestanding signs over eight feet in height are permitted within 50 feet of any residential district boundary or residential development.

6.

Supporting structure of permanent ground signs must be of solid construction at least two-thirds the dimension of the width and thickness of the sign it supports.

7.

Where a non-retail business center or office/industrial/technical park or center is planned as a series of individual structures on individual lots with each individual lot having frontage on a public street, each individual structure may be permitted to have freestanding signs in accordance with this paragraph if said sign(s) are included and approved in a planned unit development. Where a non-retail business center of office/industrial/technical park is planned as a series of individual structures on a single lot, each individual structure is permitted to have a freestanding sign of not more than 32 square feet in area and six feet in height. Such signs shall be consistent in design and color.

8.

Freestanding signs must be located on the premises of the use being advertised or identified. For purposes of this restriction, premises do not include easements of any kind or similar adjacent parcels of land.

9.

Menu boards in conjunction with restaurant drive-through pick up activities and automobile service facilities including car washes, lubrication shops, detail shops and similar uses may be allowed subject to the following restrictions:

i.

Not more than two such signs.

ii.

Twenty-five-foot setback from property lines.

iii.

Forty square feet maximum area.

iv.

Six-foot maximum height.

v.

May be freestanding or wall mounted.

10.

When shopping centers, business centers, and office/industrial/ technical parks or centers are to be developed or redeveloped, overall sign program performance standards shall be included in the planned unit development to be submitted which address size, height, design, lighting, color, materials, and type and method of construction to insure that all signage within the center is designed in a harmonious, consistent, and compatible manner. The overall sign program shall be included in the application for approval of any planned unit development.

11.

Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, (including gauges and dials which may be animated to the extent necessary to display correct measurement), and signs that are animated with lights or illuminations, which flash, move, rotate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsation shall be carefully reviewed at the time of permit application to avoid impactful nuisances that may be created by this type of sign. Exceptions to this review are signs identifying only time/temperature/date and traditional barber poles.

(2)

Class 2. Wall signs.

a.

Permitted in commercial, light industrial and heavy industrial zone districts.

b.

Characteristics: Intended to identify businesses, offices, office buildings, industrial, technical and employment establishments. Signs may be either placed flat against the building or project from the building.

c.

Maximum area: The greater of 30 square feet or one square foot of sign area for each lineal foot of building or tenant frontage, not to exceed 150 square feet in area for all types of signs, except that signs composed of individual raised letters may contain two square feet of sign area for each lineal foot of building or tenant frontage, not to exceed 300 square feet in area. This restriction shall not apply to signs for individual tenants in buildings that are primarily multitenant office buildings.

d.

Maximum height: May not project above the roofline of the building to which the sign is attached.

e.

Minimum allowable setback: Same setback as the building to which sign is attached.

f.

Limitation in number: One sign per street frontage not to exceed two frontages, or three frontages with an area not to exceed the total sign area permitted for two frontages.

g.

Restrictions, clarifications and exceptions:

1.

Sign must be located on the premises.

2.

Projecting signs may not exceed 30 square feet in area.

3.

The total length of any individual sign may not exceed 75 percent of the length of the frontage of the establishment, storefront or tenant space on which the sign is placed.

4.

Lighted signs are permitted, not flashing lights.

5.

Uses that have no external building frontage, such as might be located within a shopping mall, may have one external sign not to exceed 40 square feet.

6.

Buildings that are primarily office buildings may have no tenant or user signs above the first floor with the exception that building identification signs may be located above the first floor.

7.

Changeable copy signs are permitted for motion picture theaters or theater complexes with a total maximum area not to exceed the greater of 80 square feet or 30 square feet per individual theater.

8.

When so approved in a planned unit development, the total allowable square footage of signage for an individual use containing over 20,000 square feet of gross floor area may be divided into a primary sign and not more than two secondary signs, with each secondary sign not to exceed 60 square feet in area.

9.

Projecting signs may not project over any public right-of-way or more than five feet from the building wall.

10.

For individual uses over 100,000 square feet of gross floor area, signage restrictions may vary from the provisions of this section and shall be as approved for a planned unit development.

11.

Tenant signage. For multitenant office buildings, a maximum of 40 square feet per sign, 120 square feet per frontage. The building identification sign shall be in conformance with (b) above with a maximum of 100 square feet, except signs composed of individual letters which may have a maximum of 200 square feet.

12.

When shopping centers, business centers, and office/industrial/technical parks or centers are to be developed or redeveloped, overall sign program performance standards shall be submitted which address size, height, design, lighting, color, materials, and type and method of construction to insure that all signage within the center is designed in a harmonious, consistent, and compatible manner.

(3)

Class 3. Information and directional signs.

a.

Permitted in all zone districts.

b.

Characteristics: A freestanding or wall sign intended to provide information and directions related to the principal permitted use on that lot.

c.

Maximum area:

1.

Wall sign, 15 square feet.

2.

Freestanding signs, five square feet.

d.

Maximum height:

1.

Wall sign, eight feet.

2.

Freestanding signs, 32 inches.

e.

Minimum allowable setback: Twenty-five feet from the property line.

f.

Limitation in number: Two.

g.

Restrictions, clarifications and exceptions:

1.

Sign must be located on the premises.

2.

Lighted signs are permitted, but not flashing lights.

(4)

Class 4. Directory signs for retail shopping centers.

a.

Permitted in all commercial zone districts.

b.

Characteristics: A freestanding sign intended to list and locate all merchants within the center for pedestrian or internal automobile traffic.

c.

Maximum area:

1.

For retail center four acres or less in area, 16 square feet.

2.

For retail center over four acres in area, 30 square feet.

d.

Minimum allowable setback: Fifty feet from property line.

e.

Limitation in number:

1.

For retail center four acres or less in area, one sign.

2.

For retail center over four acres in area, one per four acres, not to exceed four total signs.

f.

Restrictions, clarifications and exceptions:

1.

Sign must be located on the premises.

2.

Internally illuminated signs are permitted.

(5)

Class 5. Permanent subdivision identification signs.

a.

Permitted in any residential zone district.

b.

Characteristics: A freestanding sign intended to provide identification of a residential subdivision by name only.

c.

Maximum area: Forty square feet.

d.

Maximum height: Seven feet.

e.

Minimum allowable setback: Three feet from the curb. This sign may be located in the public right-of-way, but not over existing or future utilities. Location and placement shall insure traffic visibility as determined by the town.

f.

Limitation in number: One per subdivision or one per each arterial or collector street entrance. The permitted signage may be split and two signs may be permitted for each arterial or collector street entrance; however, no more than 40 square feet of signage may be located at any such entrance.

g.

Restrictions, clarifications and exceptions:

1.

A right-of-way maintenance agreement must be on file with the town signed by the responsible party from the homeowners association if the sign(s) are to be located in the public right-of-way, otherwise, each sign must be located on the premises.

2.

External lighting is permitted.

3.

Sign material and design must be approved by the town.

4.

Under unusual hardship circumstances, as determined appropriate by the town manager, a single offsite sign may be permitted with the permission of the property owner on whose property said sign would be located. Such a sign shall have a maximum area of 20 square feet and a maximum height of three feet.

(6)

Class 6. Home occupation signs.

a.

Permitted in all residential zone districts in which home occupations are permitted.

b.

Characteristics: To identify a home occupation; wall or window signs only.

c.

Maximum area: One square foot.

d.

Maximum height: Below the eave of the building on which the sign is located.

e.

Minimum setback: Must be attached to the front of the building on which the sign is located.

f.

Limitation in number: One.

g.

Restrictions, clarifications and exceptions:

1.

Sign must be located on the premises.

2.

Sign may not be illuminated.

(7)

Class 7. Election signs.

a.

Permitted in all zone districts.

b.

Characteristics: A sign advocating or advertising the election of any candidate for public office or any question upon which a public vote is being taken.

c.

Maximum area: Fifty square feet in any commercial zone district; eight square feet in all other zone districts.

d.

Maximum height: Six feet.

e.

Minimum setback: Ten feet.

f.

Limitation in number: No limitation.

g.

Restrictions, clarifications, and exceptions:

1.

Such signs shall not be erected more than 30 days before an election or in the case of a mail ballot election, such signs shall not be erected more than 30 days before the first day to mail ballots to all registered electors. All election signs shall be removed within ten days following the election. Exception: Successful primary candidates may leave their signs up until ten days after a general or run-off election.

2.

An application for a sign permit for a specific election sign at multiple locations in the town must include the name, address and phone number of person responsible for maintenance and removal of signs.

3.

Election signs may be located in the public right-of-way, provided:

i.

The sign does not block or otherwise interfere with traffic visibility;

ii.

The sign is not located within 50 feet of an intersection;

iii.

The sign does not exceed three square feet in area.

(8)

Class 8. Temporary outside signs.

a.

Permitted in all zone districts.

b.

Characteristics: A sign, banner, or similar device, not including pennants on a string or rope, or display which is intended for a temporary period of display for the purpose of announcing a special event for a business such as a grand opening, a sale or a new service. Said sign may be constructed or cloth, canvas, cardboard, wallboard, plywood or other light temporary material. Such a sign must be attached flat against a building.

c.

Maximum area: Forty square feet per sign.

d.

Maximum height: May not project above the roofline on the building to which the sign is attached.

e.

Minimum allowable setback: Same setback as the building to which the sign is attached.

f.

Limitation in number: One per street frontage, not to exceed two signs for each location.

g.

Restrictions, clarifications, and exceptions:

1.

Sign must be located on the premises.

2.

Sign may be erected for a period not to exceed 30 consecutive days or 60 days in any one-year period for any particular business.

3.

Sign must be removed at the expiration of the temporary sign permit.

(9)

Class 9. Off-site residential development directional signs.

a.

Permitted in undeveloped (no improvements on the lot or parcel) areas of all zone districts.

b.

Characteristics: A ground sign intended to direct vehicular traffic to developments with residential units for sale or lease.

c.

Maximum area: No ground sign structure shall exceed eight feet by four feet in area. Each ground sign structure shall be capable of display of three individual directional signs per face and no single individual directional sign shall exceed 24 inches in height by 42 inches in length.

d.

Minimum allowable setback: Ground sign structures in the public right-of-way shall be located within two feet of the property line and shall be located in a manner that does not obstruct traffic visibility. A site plan shall be submitted and shall require approval of the town for all such sign placements.

e.

Maximum height: Twelve feet.

f.

Limitation in number: One per residential development per sign structure and a maximum of three individual directional signs per face of each ground sign structure.

g.

Restrictions, clarifications and exceptions:

1.

Maximum of one sign on each undeveloped corner at an intersection of two arterial streets.

2.

No such sign shall be illuminated or have any moving, rotating, or otherwise animated parts.

3.

Each such sign shall bear in a prominent position thereon a clearly legible identification plate stating the name of the person responsible for the construction of the sign and the date of installation.

4.

Such signs erected shall be structurally sound and satisfactorily maintained so as not to become a nuisance to the surrounding neighborhood or an eyesore to passersby.

5.

Support posts, frame, and plywood backing shall be painted cream, tan, or beige. Sign panels may be of any color except fluorescent, dayglo, or other reflective or brilliant colors. All signs shall be designed and constructed in accordance with guidelines prepared by the Town of Gypsum.

6.

No individual directional sign shall be permitted that advertises developments outside the town limits of the Town of Gypsum.

7.

Any such sign shall be removed within 30 days of completion of the project, as determined by the building official.

8.

Any person desiring to install such a sign within 660 feet of a state highway right-of-way shall first obtain a permit from CHOT and submit an application for a town sign permit to the code enforcement officer (building official). The application shall include a copy of the state permit.

(Ord. No. 2015-04, 2-10-15)

The following types of signs are prohibited in all zone districts:

(1)

Any sign not specifically permitted by the sign code.

(2)

Any sign erected upon or over the public right-of-way of any street, roadway, or alley, with the exception of those signs erected by a governmental entity, permanent subdivision identification signs and those instances where existing buildings are contiguous with the right-of-way and the sign has previously been attached to said building and projects over the public right-of-way.

(3)

Strings of light bulbs used in connection with commercial premises for commercial purposes, other than traditional holiday decorations, pennants, streamers, balloons, and any other inflatable object or material fastened in such a manner as to move upon being subjected to pressure by wind or breeze.

(4)

Imitations of official government protective or warning signs are prohibited. Any sign using the word "stop" or "danger" or which otherwise presents or implies the need or requirement of stopping, or a caution for the existence of danger, or which is a copy of, or which for any reason is likely to be confused with any municipally approved official signs, such as those signs approved and shown in the Uniform Traffic Code, are prohibited.

(5)

Any sign that obstructs any window, door, fire escape, stairway, ladder, or openings intended to provide light, air, ingress or egress for any building, as required by law.

(6)

Any portable sign, including any sign displayed on a vehicle when said vehicle is used primarily for the purpose of displaying such sign, when used outside a building. Any advertising device used on a vehicle meeting the following criteria shall be excepted:

a.

Such vehicle at no time remains in one visible place for more than 24 consecutive hours; and

b.

Such vehicle is actually used by its owner or another as a means of transportation of people or goods.

(7)

Any sign that violates any provision of any law of the State of Colorado relative to outside advertising.

(8)

Temporary cardboard or paper signs attached to utility poles or stakes that have the intent of advertising merchandise for sale, except a sign advertising the existence of a garage sale as permitted under section 18.17.030(q).

(9)

Changeable copy signs other than theater marquees, notice or listing of church services or gasoline price signs.

(10)

Any sign which causes any direct glare into or upon any residential or commercial building or premises other than the building or premises to which the sign is attached.

(11)

Any attached sign projecting above the roofline of a structure.

(12)

Any sign advertising an activity, business, product or service which has not been produced or conducted upon the premises upon which such sign is located for a period of 90 days or more. If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the town if good cause is shown for such extension. This provision shall not apply to permanent signs accessory to businesses, which are open only on a seasonal basis, provided there is clear intent to continue operation of the business.

(13)

Off premise advertising or directional sign, except as authorized by section 18.17.030(i)(2).

(14)

Billboards which advertise a business, product, service or event, lighted or unlighted, are prohibited.

(Ord. No. 2015-04, 2-10-15)

(a)

Requirements for a sign permit. It shall be unlawful for the owner, manager, or occupant of any property located within the Town of Gypsum to erect, maintain, or permit the erection or maintenance of any sign, except as may be allowed by section 18.17.030, on such property without first obtaining a sign permit through the following procedure:

(1)

An Application for a sign permit shall be filed with the planning director and shall contain the following information, unless specifically waived by the planning director. Exception: signage within the Airport Gateway Business Center Subdivision shall adhere to Airport Gateway Sign Guidelines that have been adopted by the Town of Gypsum and shall submit materials and pay fees according to those guidelines instead.

a.

Elevation of the proposed sign, drawn to scale, showing the sign that is proposed to be erected and the message that it will carry;

b.

Drawing of the plans, specifications and method of construction of the sign and its supports, showing proposed dimensions, materials, and colors, and the type, intensity and design of the sign's illumination.

c.

A plot plan showing the location of the sign on the property. If the sign is to be attached to the face of the building, the plot plan shall also show the outline of the building and the physical address and/or legal description of property where sign will be located;

d.

Name and address of property owner or a letter of consent from the owner of the building or property, if the applicant is not the owner.

e.

Name, address and telephone number of the applicant and the applicant's signature;

f.

Type and specifications of proposed lighting;

g.

Dates of display, if a temporary sign is being proposed;

h.

Fee for sign permit as herein provided, section 18.17.060(b), shall be tendered with the application.

(2)

If, after review, the code enforcement officer finds the proposed sign to be in conformity with this sign code, the other provisions of the zoning code and the building code of the Town of Gypsum and any applicable planned unit development, a sign permit may be issued. If the application is denied, the code enforcement officer shall inform the applicant of the reason(s) for denial and the process to request a sign variance or to appeal the denial to the board of adjustment.

(3)

Fees: A fee for a sign permit shall be paid in accordance with the following schedule:

a.

The fee for the following types of sign permits shall be $30.00:

b.

The fee for the following types of sign permits shall be $10.00:

c.

The fee to request a sign variance shall be $50.00.

d.

There shall be no fee payable if the owner of the sign or the owner of the property where the sign is located removes a sign or sign face from a building or a sign structure. If the town removes a sign or sign face from a building or a sign structure after the owner has been given notice to remove and has failed to do so, the owner of the sign or the owner of the property where the sign is located shall be charged a fee of $100.00, plus the actual cost incurred by the town for the removal of the sign.

e.

To account for the additional costs of enforcement and administration of this sign code, the foregoing fees shall be doubled for any sign which has been erected without first obtaining the required sign permit from the town.

(b)

Measurement. In determining the size of any sign, the following procedure shall be used:

(1)

For signs involving individual letters which are placed flat against the façade of a building or which are to be supported on individual standards and which will be freestanding, the area of said sign shall be considered to be that of a single rectangle or square encompassing all of the letters used to convey the message of the sign, and shall include the open space between letters of words within that squared rectangle. The height of the letters shall be measured on the upper case letters.

(2)

For signs, either freestanding or façade mounted, with background material, the area measurement shall be determined by the area of the entire sign, including the background material.

(3)

For all two-faced freestanding or projecting signs, the area measurement shall be determined by measurement of one face of the sign only. No sign shall have more than two faces.

(4)

The height of any sign shall be determined by the distance between the topmost portion of the sign or the structure supporting the sign and the elevation of the ground at the base of the sign.

(c)

Illumination requirements. For the protection of the town's appearance and to minimize light pollution and traffic hazards caused by glare, illuminated signs shall be subject to the following restrictions and limitations:

(1)

Any light used for the illumination of a sign shall be shielded so that the beams or rays of light will not shine directly onto surrounding areas.

(2)

Neither the direct nor the reflected light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares.

(d)

Altering or moving existing signs. A sign permit shall be required prior to moving an existing sign from one location to another or altering a sign in any manner other than for normal maintenance. It shall be unlawful to erect or maintain a sign not in conformity with an approved planned unit development and a sign permit is required prior to moving or altering such a sign in order to bring it into conformity. An alteration to an existing sign or to a sign not in conformity with an approved planned unit development which requires a sign permit includes, but is not limited to, a change in text, height, size, shape, construction material, or lighting.

(e)

Maintenance. No person shall fail to maintain a sign on such person's premises, including any sign that does not require a sign permit under section 18.17.030, in good structural condition at all times. All signs, including all metal parts and supports thereof that are not galvanized or constructed of rust-resistant metals, shall be kept neatly painted. The code enforcement officer (building official) shall inspect and may order the painting, repair, alteration, or removal of a sign that constitutes a hazard to safety, health or public welfare because of inadequate maintenance, dilapidation, or obsolescence, under the procedures prescribed in section 18.17.060(f), notice to repair or remove.

(f)

Notice to repair or remove. If the code enforcement officer or building official finds that any sign is not being maintained in accordance with the provisions of this sign code, the following actions are authorized:

(1)

The code enforcement officer or building official may require that the owner of the sign or the owner of the property where the sign is located repair or alter the sign to bring it into conformity with the requirements of the sign code or to remove the sign. In cases of immediate danger to the public due to the defective nature of a sign, the code enforcement officer or building official may have the sign removed and assess the costs of the removal against the property without prior notice to the property owner. Such assessment shall constitute a lien on the property and upon certification to the county treasurer by the town clerk, shall be collected in the same manner as property taxes.

(2)

In all other cases, other than the failure to obtain a sign permit, the code enforcement officer or building official shall notify the owner of the sign or the owner of the property where the sign is located of the duty to repair, alter or remove the sign and that such person has 30 days from the date of the notice, or such longer period as the code enforcement officer or building official finds is reasonably necessary, to complete such repair, alteration or removal. Notice under this subsection is sufficient if it is mailed by certified mail, return receipt requested, to the address on the application for sign permit, or, if no sign permit exists or is required, to the last known owner of the real property on which the sign is located, at the address shown by the records of the Eagle County Assessor.

(g)

Nonconforming signs. Any nonconforming sign which existed, excepting those signs described in section 18.17.050, prohibited signs, prior to the adoption or amendment of this sign code may be continued subject to the following provisions:

(1)

No such sign shall be enlarged or altered in such a manner as to increase its nonconformity; however, any sign or portion thereof may be altered to decrease its nonconformity.

(2)

If any such sign or the nonconforming portion thereof be destroyed by any means or removed for any reason, voluntary or otherwise, to an extent of more than 50 percent of its replacement cost at the time of said removal or destruction, it shall not be reconstructed or reassembled except in conformity with this chapter.

(3)

If any such sign should, for any reason, be removed from its present location, it shall conform to the requirements hereof for the zone district in which it is located after it is moved.

(h)

Sign removal.

(1)

Except for nonconforming signs, subsection 18.17.060(g), any sign that is listed in section 18.17.050 as a "prohibited sign" shall be removed within 60 days following the effective date of adoption of this chapter. Any sign listed in section 18.17.040, Signs that require a sign permit, erected after the effective date of this sign code without a sign permit may be removed in accordance with the following paragraph.

(2)

Any sign erected without a sign permit as hereby required, any sign deemed hazardous by an authorized town official, or any temporary sign for which a sign permit has expired, may be removed and stored by the town for ten days after the owner has been ordered in writing to repair, alter or remove the sign and has failed to do so. The owner shall be notified of the removal and storage of said sign by certified mail, return receipt requested, and if the sign is not claimed within ten days after mailing of said notice, the sign may be disposed of by the town. Any sign erected without a sign permit within a public right-of-way may be removed without notice by the town. Any sign removed from the public right-of-way having a value in excess of $5.00 shall be stored by the town for three days, excluding Saturdays, Sundays and holidays, with notice of such removal and storage given to the owner or responsible person by telephone or other means of communication if the owner or responsible person is identified on the sign. If the sign removed from public right-of-way is not claimed within three days, it may be disposed of by the town. Any sign removed from the public right-of-way valued at less than $5.00 may be disposed of by the town without notice. All written notices required under this section shall be mailed to the owner, or if the owner is unknown, to the owner of the property on which the sign is located, or to the responsible person identified on the sign. The town shall have the authority to levy against the owner of the sign or, if the owner is unknown, the owner of the property on which the sign is located, whatever costs are incurred by the town for the removal, storage, and/or disposition of the sign.

(i)

Appeals.

(1)

Appeals to modify the conditions of a sign permit or to challenge the denial of a sign permit may be made to the board of adjustment in accordance with the provisions of section 18.16.050 of this zoning code. However, in no case shall the board of adjustment consider, authorize or approve a request for a class of sign other than that which is specifically permitted by this sign code.

(2)

Before approving a request for a variance to the sign code, or an appeal to modify the conditions of a sign permit or to grant a sign permit previously denied, the board of adjustment shall determine that:

a.

There are special circumstances or conditions such as the existence of buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent public right-of-way which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions must be peculiar to the particular business or enterprise to which the applicant desires to draw attention and which do not apply generally to all businesses or enterprises.

b.

The variance or sign permit, if authorized, will not weaken the general purpose of the sign code, nor the regulations prescribed for the zone district in which the sign is located.

c.

The variance or sign permit, if authorized, will not alter the essential character of the zone district in which the sign is located.

d.

The variance or sign permit, if authorized, will not cause a material adverse effect on the neighborhood involved or on the town.

(Ord. No. 2015-04, 2-10-15)