The provisions of this chapter shall be known as the "Leadville Sign Code."

(Ord. 01-1 § 1 (part): prior code § 17.24.010)

The intent of this chapter is:

A.

To provide minimum restrictions on signs while at the same time preserving the character of the zoning district in which the sign is located, based on the following design principles:

1.

Well-designed signs can serve to emphasize the historic nature of Leadville and can improve visual continuity, especially along Harrison Avenue. Size, character and placement of signs are vital to creation of a cohesive, easily understood community image. Signs should not restrict uniqueness nor impair residents and visitors abilities to clearly identify the location and nature of a business.

2.

Raised letters and borders add to the decoration of a sign and painted shadows also add dimension. Signs with rounded shapes and bevels are appealing, as are three-dimensional objects that characterize the business. Ornamental iron standards and fasteners likewise enhance the sign.

B.

To protect the investments of business owners by allowing the continued use of signs that were legally installed prior to the adoption of this code.

(Ord. 01-1 § 1 (part): prior code § 17.24.020)

(Ord. No. 2015-7, § 1, 8-4-15)

The purpose of this chapter is:

A.

To establish the maximum signage allowed in each zoning district.

B.

To establish liberal policies for obtaining variances from this code for signs that do not meet the standards of this code but do follow the intent of the code.

(Ord. 01-1 § 1 (part): prior code § 17.24.030)

A sign permit application and fee is required and must be submitted to the planning and zoning office for all new signs or relocated signs if moved to a different zoning district. Approval of the sign by the planning and zoning office is required prior to the sign being erected or displayed. A fee schedule, sign application and user's guide are available from the planning and zoning office.

(Ord. 01-1 § 1 (part): prior code § 17.24.040)

(Ord. No. 2015-7, § 2, 8-4-15)

A.

Requests to change the status of a legal nonconforming sign, or to have a sign designated as a historically significant sign shall be approved pursuant to a sign review hearing before the board of adjustment.

B.

Variances to the sign code and appeals of decisions of an administrative officer or agency shall follow the board of adjustment procedures set forth in Section 17.88.030.

(Ord. 01-1 § 1 (part): prior code § 17.24.050)

Legal nonconforming signs are permitted subject to the following provisions:

A.

Legal nonconforming signs may be replaced if the sign is destroyed through no fault of the owner subject to the provisions of this Section 17.80.060.

B.

A sign may be designated as a historically significant sign and permitted as a legal nonconforming sign pursuant to such designation following a sign review hearing before the board of adjustment.

C.

Legal nonconforming signs may not be altered or changed so as to increase the area or degree of nonconformity of the sign.

D.

Any change in ownership or tenancy of a property which requires any change in a sign shall require that the sign for the property or business be brought into compliance with the provisions of this chapter.

E.

Temporary signs, including banners, shall not be considered legal nonconforming signs.

(Ord. 01-1 § 1 (part): prior code § 17.24.060)

(Ord. No. 2015-7, § 3, 8-4-15)

The following signs are not subject to the provisions of this chapter:

A.

Official government and public utility signs and notices.

B.

Flags of nations, or organization of nations, state, county, city, any religious, civic or fraternal organization or educational institution except when used in connection with a commercial promotion or as an advertising device.

C.

Temporary decorations or displays that are customarily associated with any national, local or religious holiday or celebration.

D.

Signs displayed on motor vehicles or trailers that are being operated or stored in the normal course of business provided that the vehicles are parked or stored in areas appropriate to their use as vehicles.

E.

Fine art painted on outside walls that serves no commercial purpose.

F.

Window signs in the retail core and commercial districts.

(Ord. 01-1 § 1 (part): prior code § 17.24.070)

The following signs are prohibited:

A.

Signs that are not securely affixed to any structure or not constructed to withstand substantial snow and wind loading;

B.

Signs with searchlights, revolving beacons, flashing lights, holographic signs or signs with any type of animation or intermittent lighting effects, except traditional barber poles, clocks, or thermometers;

C.

Signs designed to resemble public signs and traffic control devices;

D.

Signs attached to any tree or utility pole;

E.

Signs with surfaces that reflect light in a dangerous manner;

F.

Parked vehicles including, but not limited to, automobiles, trucks, buses, trailers, mobile homes, boats and the like shall not be used as a sign or sign structure.

(Ord. 01-1 § 1 (part): prior code § 17.24.080)

The following table summarizes the types of signs and associated regulations allowed in each zoning district. See regulations for more specific information. Signs not listed are considered permitted. For purposes of this table, "R" means permitted signs, "P" means prohibited signs and "C" means permitted subject to some conditions.

A.

Residential Districts R1, R2.

1.

Each home occupation may have up to a total of four square feet of signage for each occupation.

2.

No internally or directly illuminated signs (to include neon).

3.

Each business may have up to a total of twenty-five (25) square feet of external signage.

4.

Each business may have one freestanding or projecting sign.

5.

Freestanding and projecting signs shall be twelve (12) square feet or less per side.

6.

Legal nonconforming uses will apply the sign standards for the retail core for any standard not addressed in this subsection.

7.

Signage associated with uses requiring or having obtained a CUP must comply with the sign code requirements.

8.

All murals must be approved by city council in accordance with the intents and purposes of the sign code.

9.

Banners prohibited in these districts.

10.

Businesses must remove their signs within thirty (30) days of going out of business.

11.

For rent and for sale signs shall comply with the sign code requirements, except that no application, fee or permit shall be required.

12.

Off Premise Signs.

a.

Off premise signs are prohibited within sight of Highway 24.

b.

The square footage of any off premise sign will be included when computing the total square footage of external signage.

13.

Window signs are permitted provided that the square footage of any window sign shall be included when computing the total square footage of external signage.

14.

Wall signs are permitted provided that the square footage of any wall sign shall be included when computing the total square footage of external signage.

15.

Portable signs and off premise portable signs are prohibited.

B.

Transitional Retail/Residential.

1.

Each home occupation may have up to a total of six square feet of signage for each occupation.

2.

No internally or directly illuminated signs (to include neon).

3.

Each business may have up to a total of twenty-five (25) square feet of external signage.

4.

Each business may have one freestanding or projecting sign.

5.

Freestanding and projecting signs shall be twelve (12) square feet or less per side.

6.

Legal nonconforming businesses will apply the sign standards for the retail core for any standard not addressed in this subsection.

7.

Signage associated with uses requiring or having obtained a CUP must comply with the sign code requirements.

8.

All murals must be approved by city council in accordance with the intents and purposes of the sign code.

9.

Banner and temporary identification sign permits may be issued by the planning and zoning official subject to the following requirements:

a.

Banners must be constructed of durable material intended to withstand outdoor elements that will have four grommet holes, one at each corner, for secure mounting. Banners must be maintained in good repair free from tears and fading and properly secured to minimize flapping.

b.

Banners may be displayed for no more than ten (10) consecutive days during a calendar year. Only one banner per business or tenant shall be permitted at any one time with no more than four banners for each tenant or business per calendar year. Banners are permitted only if such business possesses a current business license with the city.

c.

Notwithstanding the requirements in subparagraph (B)(9)(b), banners advertising community events may be displayed no more than ten (10) consecutive days prior to the advertised event and must be removed within two days after the conclusion of the event.

d.

A temporary sign permit for a temporary identification sign may be issued only when the planning and zoning official receives an application and permit fee for a permanent sign. Temporary identification signs may not be displayed more than thirty (30) consecutive days unless an extension is granted by the planning and zoning official. The planning and zoning official may grant an extension of up to an additional thirty (30) days upon evidence that the applicant has taken steps to install a permanent sign, such as evidence of payment for a permanent sign presented to the planning and zoning official.

10.

Businesses must remove their signs within thirty (30) days of going out of business.

11.

For rent and for sale signs shall comply with the sign code requirements, except that no application, fee or permit shall be required.

12.

Off Premise Signs.

a.

Off premise signs are prohibited within sight of Highway 24.

b.

The square footage of any off premise sign will be included when computing the total square footage of external signage.

13.

Window signs are permitted provided that the square footage of any window sign shall be included when computing the total square footage of external signage.

14.

Wall signs are permitted provided that the square footage of any wall sign shall be included when computing the total square footage of external signage.

15.

Portable and off premise portable signs are permitted.

C.

Retail Core.

1.

Each home occupation may have up to a total of eight square feet of signage for each occupation.

2.

No internally or directly illuminated freestanding, wall, portable, projecting, roof or awning signs are permitted.

3.

Each business may have one freestanding or projecting sign per business entrance.

4.

The area of freestanding signs shall be twenty-five (25) square feet or less per side.

5.

The area of projecting signs shall be twenty (20) square feet or less per side.

6.

Window signs are permitted.

7.

Wall signs are permitted.

8.

Signage associated with uses requiring or having obtained a CUP must comply with the sign code requirements.

9.

All murals must be approved by city council in accordance with the intents and purposes of the sign code.

10.

Businesses must remove their signs within thirty (30) days of going out of business.

11.

For rent and for sale signs shall comply with the sign code requirements, except that no application, fee or permit shall be required.

12.

Portable Signs.

a.

Each business is limited to one portable sign.

b.

Must be located on the business property or on the public right-of-way in accordance with Section 17.80.120.

c.

Shall be equal to or less than fifteen (15) square feet per side.

d.

Must be adequately secured to withstand adverse weather conditions.

13.

Off Premise Signs.

a.

Prohibited within sight of Highway 24, subject to Section 17.80.120.

14.

Banner and temporary identification sign permits may be issued by the planning and zoning official subject to the following requirements:

a.

Banners must be constructed of durable material intended to withstand outdoor elements that will have four grommet holes, one at each corner, for secure mounting. Banners must be maintained in good repair free from tears and fading and properly secured to minimize flapping.

b.

Banners may be displayed for no more than ten (10) consecutive days during a calendar year. Only one banner per business or tenant shall be permitted at any one time with no more than four banners for each tenant or business per calendar year. Banners are permitted only if such business possesses a current business license with the city.

c.

Notwithstanding the requirements in subparagraph (C)(14)(b), banners advertising community events may be displayed no more than ten (10) consecutive days prior to the advertised event and must be removed within two days after the conclusion of the event.

d.

A temporary sign permit for a temporary identification sign may be issued only when the planning and zoning official receives an application and permit fee for a permanent sign. Temporary identification signs may not be displayed more than thirty (30) consecutive days unless an extension is granted by the planning and zoning official. The planning and zoning official may grant an extension of up to an additional thirty (30) days upon evidence that the applicant has taken steps to install a permanent sign, such as evidence of payment for a permanent sign presented to the planning and zoning official.

D.

Commercial District.

1.

Each home occupation may have up to a total of eight square feet of signage for each occupation.

2.

Internally illuminated signs are permitted but must not create unreasonable illumination.

3.

Wall signs are permitted.

4.

Window signs are permitted.

5.

Each business may have one projecting sign of twenty (20) square feet or less per side, per business entrance.

6.

Each building or lot may have freestanding signs of one square foot or less for each one linear foot of street frontage.

a.

Total freestanding signs shall be equal to or less than two hundred (200) total square feet, and no greater than one hundred (100) square feet per side.

b.

The top of any freestanding sign will not extend more than twenty (20) feet above ground level, or the surface of Highway 24 at the closest point, whichever is higher.

7.

Portable Signs.

a.

Each business is limited to one portable sign.

b.

Must be located on the business property or on the public right-of-way in accordance with Section 17.80.120.

c.

Shall be equal to or less than fifteen (15) square feet per side.

d.

Must be adequately secured to withstand adverse weather conditions.

8.

Banner and temporary identification sign permits may be issued by the planning and zoning official subject to the following requirements:

a.

Banners must be constructed of durable material intended to withstand outdoor elements that will have four grommet holes, one at each corner, for secure mounting. Banners must be maintained in good repair free from tears and fading and properly secured to minimize flapping.

b.

Banners may be displayed for no more than ten (10) consecutive days during a calendar year. Only one banner per business or tenant shall be permitted at any one time with no more than four banners for each tenant or business per calendar year. Banners are permitted only if such business possesses a current business license with the city.

c.

Notwithstanding the requirements in subparagraph (D)(8)(b), banners advertising community events may be displayed no more than ten (10) consecutive days prior to the advertised event and must be removed within two (2) days after the conclusion of the event.

d.

A temporary sign permit for a temporary identification sign may be issued only when the planning and zoning official receives an application and permit fee for a permanent sign. Temporary identification signs may not be displayed more than thirty (30) consecutive days unless an extension is granted by the planning and zoning official. The planning and zoning official may grant an extension of up to an additional thirty (30) days upon evidence that the applicant has taken steps to install a permanent sign, such as evidence of payment for a permanent sign presented to the planning and zoning official.

9.

All murals must be approved by city council in accordance with the intents and purposes of the sign code.

10.

Businesses must remove their signs within thirty (30) days of going out of business.

11.

For rent and for sale signs shall comply with the sign code requirements, except that no application, fee or permit shall be required.

12.

Off Premise Signs.

a.

Prohibited within sight of Highway 24, subject to Section 17.80.120.

13.

Signage associated with uses requiring or having obtained a CUP must comply with the sign code requirements.

E.

Transitional Commercial.

1.

Each home occupation may have up to a total of six square feet of signage for each occupation.

2.

No internally or directly illuminated signs (to include neon).

3.

Each building may have up to a total of twenty-five (25) square feet of external signage.

4.

Each building may have up to a total of sixteen (16) square feet of window signage.

5.

Each business may have one freestanding or projecting sign.

6.

Freestanding and projecting signs shall be twelve (12) square feet or less per side.

7.

Legal nonconforming businesses will apply the sign standards for the retail core for any standard not addressed in this subsection.

8.

Signage associated with uses requiring or having obtained a CUP must comply with the sign code requirements.

9.

Murals must be approved by city council in accordance with the intents and purposes of the sign code.

10.

Banner and temporary identification sign permits may be issued by the planning and zoning official subject to the following requirements:

a.

Banners must be constructed of durable material intended to withstand outdoor elements that will have four grommet holes, one at each corner, for secure mounting. Banners must be maintained in good repair free from tears and fading and properly secured to minimize flapping.

b.

Banners may be displayed for no more than ten (10) consecutive days during a calendar year. Only one banner per business or tenant shall be permitted at any one time with no more than four banners for each tenant or business per calendar year. Banners are permitted only if such business possesses a current business license with the city.

c.

Notwithstanding the requirements in subparagraph (E)(10)(b), banners advertising community events may be displayed no more than ten (10) consecutive days prior to the advertised event and must be removed within two days after the conclusion of the event.

d.

A temporary sign permit for a temporary identification sign may be issued only when the planning and zoning official receives an application and permit fee for a permanent sign. Temporary identification signs may not be displayed more than thirty (30) consecutive days unless an extension is granted by the planning and zoning official. The planning and zoning official may grant an extension of up to an additional thirty (30) days upon evidence that the applicant has taken steps to install a permanent sign, such as evidence of payment for a permanent sign presented to the planning and zoning official.

11.

Businesses must remove their signs within thirty (30) days of going out of business.

12.

For rent and for sale signs shall comply with the sign code requirements, except that no application, fee or permit shall be required.

13.

Off Premise Signs. Off premise signs are prohibited within sight of Highway 24. The square footage of any off premise sign will be included when computing the total square footage of external signage.

14.

Window signs are permitted provided that the square footage of any window sign shall be included when computing the total square footage of external signage.

15.

Wall signs are permitted provided that the square footage of any wall sign shall be included when computing the total square footage of external signage.

(Ord. 07-4 § 1; Ord. 03-15 §§ 4, 5; Ord. 03-14 §§ 1, 2, 3; Ord. 02-7 §§ 1, 2; Ord. 01-13 § 1; Ord. 01-1 § 1 (part): prior code § 17.24.090)

(Ord. No. 2015-7, §§ 4—8, 8-4-15)

As used in this chapter:

"Business" means any sole proprietorship, partnership, corporation or company, to include non-profits, with the exception of churches and home occupations.

"Home occupation" means a business run out of a home where the primary purpose of the dwelling is a home. For a more specific definition, see Section 17.08.020.

"Sign" means any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for the purpose of advertising or proposing a commercial transaction and which is visible from any public thoroughfare or right-of-way. A visible sign is one capable of being seen without visual aid by a person of normal visual acuity.

1.

"Banner" means any temporary sign constructed of a durable material intended to withstand outdoor elements that will have the four grommet holes at each corner for secure mounting.

2.

"Community event" means a planned gathering, to which the public at large is invited to attend, conducted on any portion of public property for which a temporary use permit has been issued.

3.

"Legal nonconforming sign" means a sign lawfully erected and maintained prior to the adoption of the ordinance codified in this chapter, or which has been approved by the board of adjustment in accordance with Section 17.88.030 of this title and which does not conform to the restrictions of this chapter. Temporary signs including banners, and portable signs shall not be considered nor obtain legal nonconforming sign status.

4.

"Directory sign" means a sign that serves as a common or collective identification for two or more businesses on the same lot or within the same building.

5.

"Freestanding sign" means a sign that is supported by one or more columns, uprights or braces extending from the ground or an object on the ground and where no part of the sign is attached to any structure or building.

6.

"Historically significant sign" means a nonconforming sign that has been designated as having historical significance by the board of adjustment in accordance with Chapter 17.88.

7.

"Mural" means a sign painted directly on an outside wall existing as of August 15, 2015, or installed on panels, or any other medium, which is affixed to an outside wall according to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings located at: http://www.nps.gov/tps/standards/four-treatments/treatment-guidelines.pdf.

8.

"Portable sign" means an exterior, moveable, freestanding and unattached sign that uses letters, pictures or other graphics to advertise a business.

9.

"Projecting sign" means a sign attached to a building or structure and extending in whole or in part eight inches or more beyond the surface of the building to which the sign is attached. A projecting sign must be eight feet above any sidewalk and ten (10) feet above a private roadway and may include roof signs.

10.

"Roof sign" means a sign painted or placed on a roof which projects up to ten (10) feet of the roof line or fascia of the building in which it is mounted. A roof sign that is attached to the roof line is to be considered a projecting sign and is subject to all limitations of projecting signs.

11.

"Temporary identification sign" means a sign that is used to identify a commercial establishment for a limited period of time prior to installation of a permanent sign.

12.

"Temporary sign" means a sign intended for a definite and limited period of display usually constructed of cloth, canvas, wood, light fabric, cardboard, plastic or other like materials, with or without frames, and any type of sign not permanently attached to the ground, wall or building.

13.

"Wall sign" means a sign displayed on or against a wall, where the face of the sign is parallel to the wall and extends less than eight inches from the wall.

14.

"Window sign" means a sign that is painted on or located inside the window and intended to be seen from the exterior of the building. A window sign does not include merchandise.

15.

"Off premise sign" means a sign advertising a business or sale conducted on property other than where the sign is located.

16.

"Internally illuminated" means a sign lighted by a light source that is within the sign and where the light travels through parts of the sign to the viewer.

17.

"Directly illuminated" means a sign lighted by means of an unshielded light source that is effectively visible as part of the sign and where the light travels directly from the source to the viewer. This does not include illumination from the exterior of the sign by means of tubes of neon or other electrically charged inert gases.

18.

"Indirect illumination" means a sign that is lighted from a shielded light source that illuminates the sign and where the light travels from the light source to the sign and is reflected to the viewer.

19.

"Sign review hearing" means a hearing before the board of adjustment to determine: (1) the status of a legal nonconforming sign or (2) whether a sign shall be designated as historically significant sign, all in accordance with Chapter 17.88.

(Ord. 01-1 § 1 (part): prior code § 17.24.100)

(Ord. No. 2015-7, § 9, 8-4-15)

It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, use or maintain any sign or sign structure in this city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter.

(Ord. 01-1 § 1 (part): prior code § 17.24.110)

The city may issue revocable licenses to allow portable signs to be placed upon the public right-of-way in commercial and retail core zones within the city, provided such signs meet the following requirements and a sign permit application is submitted to and approved by the planning official. For purposes of this section, public right-of-way means beyond and including the curbs, contiguous shoulders, and appurtenances.

A.

Signs advertising two or more businesses must not be larger than three feet in width and five feet in height and for a single business must not be larger than two and a half feet in width and four feet in height.

B.

Portable signs may be placed in the public right-of-way in front of a business (other than the sign owner's business) subject to a statement on the sign permit application form by the owners and any tenants of the property adjacent to the public right-of-way where the sign is to be placed that there are no objections to the sign. Whenever there is a change in ownership of any business owner or tenant of property adjacent to the public right-of-way on which a portable sign is located, the new owner or tenant of such business may notify the planning official of its objection to the portable sign and shall request the city's revocation of such portable sign permit in accordance with subsection (J) of this section.

C.

Each business shall be limited to one portable sign placed in the public right-of-way; provided, however, no business located on Harrison Avenue between 9th Street and West Elm Street or on 9th Street from Harrison Avenue to Poplar Street shall be allowed a portable sign in the public right-of-way.

D.

The sign must be kept in good repair at all times and the immediate area around the sign must be kept clean.

E.

The sign must be removed when the business or activity being advertised by the sign is closed for more than seven consecutive days.

F.

No sign shall be placed within the traveled portion of the right-of-way to include that portion of the right-of-way traditionally used for parking.

G.

If placed on a sidewalk, the sign must be located on the curb side of the sidewalk but shall not extend over the curb; nor shall such sign obstruct the natural flow of pedestrian travel on the sidewalk or shall it be placed in such a manner or location where it impedes motor vehicle operator visibility of pedestrians and other vehicles along the existing sight angles at intersections.

H.

Liability insurance covering damages arising from or associated with the placement of such signs shall be maintained by the sign owner. Such insurance shall be provided with limits of liability not less than those set forth in the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as from time to time amended. Proof of such insurance shall be submitted with the sign permit application and annually with the submission of a business license fee.

I.

An application for a permit for such sign is made and approved in accordance with Section 17.80.040 and the fee required in Section 17.80.070 is paid.

J.

The city's approval of the sign permit application under this section is subject to revocation by the city for any reason with fifteen (15) days prior written notice to the permit holder, unless the city determines an emergency exists which necessitates immediate removal of such sign without prior written notice.

K.

Any portable, non-conforming sign existing on the effective date of this section shall be allowed to continue at its current location until such time as the business is permanently closed or sold unless earlier revoked by the city in accordance with the provisions of this section; however, such sign shall conform to all other provisions of this section, exclusive of the requirement to obtain a permit.

L.

This section, or any part thereof, shall not apply if the city receives written notification from applicable state or federal authorities or otherwise concludes that compliance with this section will cause denial of federal or state money or would otherwise be inconsistent with federal or state law.

(Ord. 02-7 § 3)