(a)

Purpose. These sign regulations are established to safeguard the health, safety, convenience, order and welfare of all residents of the Town of Lochbuie, Colorado. The purpose of this Article is to provide a balanced and fair legal framework for the design, construction, and placement of signs that:

(1)

Promote the safety of persons and property by ensuring that signs do not create a hazard by:

a.

Confusing or distracting motorists; or

b.

Impairing drivers' ability to see pedestrians, obstacles or other vehicles, or to read traffic signs.

(2)

Promote the efficient communication of messages, and ensures that persons exposed to signs are not overwhelmed by the number of messages presented;

(3)

Protect the public welfare and enhances the appearance and economic value of the landscape by reducing and preventing sign clutter;

(4)

Ensure that signs are compatible with their surroundings, and prevent the construction of signs that are a nuisance to occupants of adjacent and contiguous property due to brightness, reflectivity, bulk, or height;

(5)

Enhance property values and business opportunities;

(6)

Assist in wayfinding; and

(7)

Provide fair and consistent permitting and enforcement.

(b)

Intent. It is the intent of these regulations to provide for the proper control of signs in a manner consistent with the First Amendment guarantee of free speech. It is not the intent of these regulations to regulate signs based on the content of their messages. Rather, this Article advances important, substantial, and compelling governmental interests.

(1)

The incidental restriction on the freedom of speech that may result from the regulation of signs hereunder is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are advanced by this Article.

(2)

The Town has an important and substantial interest in preventing sign clutter (which is the proliferation of signs of increasing size and dimensions as a result of competition among property owners for the attention of passing motorists and pedestrians), because sign clutter:

a.

Creates visual distraction and obstructs views, potentially creating a public safety hazard for motorists, bicyclists, and pedestrians;

b.

May involve physical obstructions of streets or sidewalks, creating public safety hazards;

c.

Degrades the aesthetic and essential historic character of the Town, making the Town a less attractive place for tourism, commerce, and private investment; and

d.

Dilutes or obscures messages displayed along the Town's streets through the proliferation of distracting structures and competing messages.

(3)

The Town has a substantial and/or compelling interest in preventing traffic accidents.

(4)

The Town has a substantial and/or compelling interest in preventing negative impacts associated with temporary signs. Temporary signs may be degraded, damaged, moved, or destroyed by wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the Town's streets if they are not removed.

(5)

Certain types of speech are not constitutionally protected due to the harm that they cause to individuals or the community.

(Ord. 629 §1(Exh. A), 2017)

The provisions of these regulations shall apply to the display, construction, erection, alteration, use, maintenance, and location of all signs within the Town of Lochbuie.

(a)

If any provision of this Article conflicts with any other adopted Town code that regulates signs, the more restrictive standards shall apply.

(b)

The Town recognizes other regulations pertaining to signage (i.e., State of Colorado, Department of Highways, "Rules and Regulations Pertaining to Outdoor Advertising," effective January 1, 1984, and as may be amended). Where any provision of this Article cover the same subject matter as other regulations, the more restrictive regulation shall apply.

(c)

Nothing in this Article shall be construed as a defense to a violation of applicable state or federal law.

(d)

Signs shall be permitted in the various zoning districts as accessory structures in accordance with these regulations.

(e)

All signs displayed, constructed, erected or altered after the date of the adoption of these regulations shall be in conformance with the provisions of these regulations. All signs that are existing at the time of the adoption of these regulations shall not be altered or enlarged without being brought into conformance with these regulations.

(f)

Existing signs which do not conform to the specific provisions of these regulations are designated as nonconforming signs. All nonconforming signs shall be removed or brought in conformance with these regulations on or before the earlier to occur of the following events:

(1)

The sign is relocated or replaced.

(2)

The structure or size of the sign is altered in any way except towards compliance with these regulations. This does not refer to change of copy or normal maintenance.

(3)

The sign suffers more than fifty percent (50%) appraised damage or deterioration.

(Ord. 629 §1(Exh. A), 2017)

Unless otherwise provided by these regulations, all signs shall require sign permits and payment of fees as described in these regulations.

(a)

In addition to the required sign permit, a building permit may be required by the Town Administrator for signs incorporating structural elements or attached to buildings. Electrical permits will be required for illuminated signs or other signs with electrical components.

(b)

Changing or replacing the copy on an existing sign shall not require a permit.

(Ord. 629 §1(Exh. A), 2017)

(a)

An application for a sign permit shall be submitted on a form provided in Appendix One.

(b)

The applicant may choose to apply for a single permit for multiple signs in a unified or coordinated development by filing a master sign plan in accordance with Section 19-6-240.

(c)

Upon receipt of a complete application the Town Administrator shall review the same for compliance with this Article and all applicable building code requirements, and approve, approve with conditions, or deny the application.

(d)

The Town Administrator shall have the right to inspect the proposed sign location prior to acting on the application, and shall also have the right to inspect the sign after construction to ensure compliance with this Article and any conditions of approval.

(e)

A sign permit shall lapse and have no further effect unless a sign has been erected in compliance with the terms and conditions of the permit within one (1) year after the date of the sign permit approval.

(f)

A denial of a sign permit by the Town Administrator may be appealed to the Board of Adjustment. All appeals to the Board of Adjustment shall be in accordance with the procedures provided in Section 19-1-320.

(Ord. 629 §1(Exh. A), 2017)

(a)

The Town Administrator shall be authorized to grant minor modifications of any sign standard, including but not limited to sign area modifications of ten percent (10%) or less, subject to the approval criteria noted in Subsection (c) below. Such actions may be taken in order to encourage the implementation of alternative or innovative practices that provide equivalent benefits to the public.

(b)

An applicant requesting a modification to the sign standards that does not qualify as a minor modification must obtain a variance per Section 19-01-320.

(c)

Approval criteria. Minor modifications may be approved by the Town Administrator only upon a finding that all of the following criteria have been met:

(1)

The requested modification eliminates an unnecessary inconvenience to the applicant and will have no significant adverse impact on the health, safety or general welfare of surrounding property owners or the general public;

(2)

Any adverse impacts resulting from the minor modification will be mitigated to the maximum extent practical; and

(3)

The requested minor modification is either:

a.

Of a technical nature and is required to compensate for some practical difficulty or unusual aspect of the site or the proposed sign; or

b.

An alternative or innovative design practice that achieves to the same or better degree the objective of the existing design standard sought to be modified.

(Ord. 629 §1(Exh. A), 2017)

For any multi-tenant retail center, industrial park or other unified form of commercial site development or redevelopment, the applicant shall submit a master sign plan that consists of coordinated and/or shared signage for the entire development.

(a)

In general, signs shall have mutually unifying elements which may include uniformity in materials, color, size, height, letter style, sign type, shape, lighting, location on buildings, and design motif.

(b)

Materials and textures of signs shall be compatible with the architectural character of the site and building. Supporting sign structures of freestanding signs shall match the primary finish and colors of the associated building(s).

(c)

Where possible, freestanding signs shall integrate tenant signs into a single sign structure.

(d)

Directional signage systems shall be of a unified graphical system. Such signage shall be placed in consistent locations near site entries, key points on the internal automobile and pedestrian circulation system, building entries, seating areas, and sidewalk intersections.

(e)

In reviewing an applicant's submittal of a master sign plan conforming to the provisions of this Section, the Town Administrator may vary standards for area, height and number of individual signs.

(f)

The Town Administrator may approve up to a twenty percent (20%) change in one (1) or more dimensional standards (area and/or height) based on the applicant demonstrating that the change is warranted by a master sign plan that represents exceptional design.

(Ord. 629 §1(Exh. A), 2017)

Generally, the following types of signs are exempt from the sign permit requirements of Section 19-6-210 above, subject to the provisions of this Section. Exempt signs shall otherwise be in conformance with all applicable requirements of this Article, and the construction and safety standards of the Town. All signs not listed in this Section (and that are not prohibited under Section 19-6-60) require a sign permit pursuant to Section 19-6-210 above.

(a)

Signs erected by the Town or by any federal, state or county government agency.

(b)

Signs required by law or regulation.

(c)

Flags that are affixed to permanent flagpoles or flagpoles that are mounted to buildings (either temporary or permanent).

(d)

Signs being carried by a person provided that such signs are not set down or propped on objects.

(e)

Window signs, as defined in Section 19-7-520. In addition, any sign displayed on a window of or inside a residential building, and any sign inside a non-residential building that is not visible through a window.

(f)

Wave banners subject to the standards in Section 19-6-330(b).

(g)

One (1) banner limited to a maximum sign area of eight (8) square feet located on a residential structure. All other banners as defined in Section 19-7-520 shall be subject to a sign permit.

(h)

Sidewalk signs, as defined in Section 19-7-520 and subject to the standards in Section 19-6-330(c).

(i)

Site signs, as defined in Section 19-7-520 and subject to the standards in Section 19-6-330(d).

(j)

Swing signs, as defined in Section 19-7-520 and subject to the standards in Section 19-6-330(e).

(k)

Yard signs, as defined in Section 19-7-520 and subject to the standards in Section 19-6-330(f).

(l)

Directional signs as defined in Section 19-7-520 which do not exceed four (4) square feet in sign area and four (4) feet in height (except when used on a vehicular clearance structure), limited to six (6) such signs per property.

(m)

Incidental signs as defined in Section 19-7-520 which do not exceed two (2) square feet in sign area.

(Ord. 629 §1(Exh. A), 2017; Ord. 652 §1, 2020)

The following types of signs are prohibited except as noted:

(a)

All signs not expressly permitted under this Article or exempt from a sign permit in accordance with Section 19-6-250.

(b)

Signs contributing to confusion of traffic control devices or emergency service vehicles, or which hide or interfere with the effectiveness of such devices or vehicles.

(c)

Any sign that obstructs access to or impedes operation of any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress for any building or structure as may be required by law.

(d)

Any sign located on or attached to a building roof.

(e)

Inflatable signs.

(f)

Any sign attached to any utility pole or structure within any public right-of-way. Any sign that projects, overhangs or otherwise is located in the public right-of-way, except as specifically provided for in this Article.

(g)

Any sign that obstructs the view of a person operating a motor vehicle in any direction at the intersection of a street or with an alley or driveway.

(h)

Any sign that impedes safe pedestrian or vehicular movement.

(i)

Signs attached to trees or other plant materials.

(j)

Any temporary sign within a public right-of-way, except sidewalk signs in conformance with Section 19-6-330(c);

(k)

Any rotating or flashing signs, except as otherwise provided as an electronic message center in Section 19-6-320(i);

(l)

Portable signs, except as otherwise provided for sidewalk signs in Section 19-6-330(c).

(m)

Signs that advertise unlawful activity.

(Ord. 629 §1(Exh. A), 2017)

Signs in all zoning districts shall be subject to the standards set forth in this Section. The number, types and sizes of signs set forth in Tables 6-1 and 6-2 shall also comply with the standards by sign type listed in Sections 19-6-320 and 19-6-330.

(a)

Standards for residential zoning districts. Signs in the A, RR, R-1, R-2 and R-3 zoning districts, and residential land use designations in a PUD, shall be subject to the limitations and standards in Table 6-1.

Expand

Table 6-1 Standards for Residential Zoning Districts
Sign Type	Maximum Number	Maximum Area	Maximum Height
	1 per non-residential use; 1 per entrance to a subdivision, multi-family housing complex or mobile home park	36 square feet ( × )	No higher than 8 feet ( )
	1 per lot	32 square feet ( × )	No higher than 8 feet ( )
	1 per lot	8 square feet, inclusive of riders ( × )	No higher than 6 feet ( )
	1 per single-family or two-family dwelling with a home occupation or home business	2 square feet ( × )	No higher than eave or parapet line
	1 per principal multifamily building	16 square feet ( × )	No higher than eave or parapet line
	1 per non-residential use	32 square feet ( × )	No higher than eave or parapet line
	4 per street frontage	6 square feet per sign ( × )	No higher than 4 feet ( )

 

(b)

Standards for nonresidential zoning districts and uses. Signs in the C, CMU, I, and OS zoning districts, and residential land use designations in a PUD, shall be subject to the limitations and standards in Table 6-2.

Expand

Table 6-2 Standards for Nonresidential Zoning Districts
Sign Type	Maximum Number	Maximum Area	Maximum/ Minimum Height
	Unlimited, within maximum area requirements	0.5 square feet of signage for each linear foot of awning, up to a maximum of 32 square feet ( × )	No higher than roof or parapet line; 9 foot minimum height pedestrian clearance ( )
	1 banner per legal lot of record, displayed on a building wall.	0.50 square feet for each linear foot of exterior wall up to a maximum area of 100 square feet ( × )	No higher than roof or parapet line for wall banner.
	1 freestanding wave banner per legal lot of record	50 square feet ( × )	No higher than 12 feet for wave banner ( )
	Unlimited, within maximum area requirements	0.5 square feet of signage for each linear foot of canopy, up to a maximum of 32 square feet ( × )	No higher than roof or parapet line; 14 foot minimum height vehicular clearance ( ); 9 foot minimum height pedestrian clearance ( ).
	1 per street frontage of principal building	200 square feet ( × ) An electronic message center may be integrated up to 50% of allowed sign area.	No higher than 50 feet ( )
	1 per principal building	120 square feet per sign face ( × ), up to a maximum of 3 faces	No higher than roof or parapet line; 9 foot minimum clearance height ( )
	1 per street frontage	75 square feet ( × ). An electronic message center may be integrated up to 50% of allowed sign area.	No higher than 8 feet ( )
	1 per use	15 square feet ( × )	No higher than wall (single story building )/ bottom of second story window (multi-story building ); 9 feet minimum clearance ( )
	1 per use	8 square feet ( × )	No higher than 4 feet ( )
	1 per street frontage	64 square feet ( × )	No higher than 9 feet ( )
	1 per street frontage	8 square feet, inclusive of riders ( × )	No higher than 6 feet ( )
	Unlimited, within maximum area requirements	1 square foot of area per lineal foot of exterior wall frontage, up to a maximum of 150 square feet ( × )	No higher than the eave line
	1 per street frontage	6 square feet ( × )	No higher than 4 feet ( )

 

(c)

Sign allowance. The total aggregate sign area for all sign types permitted for any use in a residential or non-residential zoning district shall not exceed three hundred (300) square feet.

(Ord. 629 §1(Exh. A), 2017; Ord. 652 §3, 2020)

(a)

General. The following standards are applicable to all permanent signs:

(1)

Owner consent. No sign permit shall be issued for any permanent sign on private property without written consent of the property owner or the owner's authorized agent.

(2)

Lighting. No illuminated signs are allowed in the residential zone districts. Unless otherwise specified by these regulations, all permanent signs in the nonresidential zone districts may be illuminated. The light from any light source intended to illuminate a permanent sign shall be so shaded, shielded or directed so that the light intensity or brightness shall not cause glare to affect surrounding properties, or cause glare to affect safe vision of pedestrians or operators of vehicles moving on public or private streets, driveways or parking areas. In addition, no sign may utilize:

a.

An exposed incandescent lamp with an external reflector and without a sunscreen or comparable diffusion; or

b.

Any revolving beacon light.

(b)

Awning signs.

(1)

Location. Signs may be placed only on awnings that are located on first and second-story building frontages, including those fronting a street, parking lot or pedestrian way. An awning may include a printed or mounted sign. No sign mounted to an awning shall project beyond, above or below the face of an awning.

(2)

Quantity, area and height. Sign quantity and area shall comply with the requirements established in Section 19-6-310. No structural element of an awning shall be located less than nine (9) feet above finished grade. Awnings on which signs are printed or mounted shall not extend over a public right-of-way more than seven (7) feet from the face of a supporting building. No awning, with or without signage, shall extend above the roof line of any building.

(3)

Lighting. Awnings may be internally illuminated only.

(c)

Canopy signs.

(1)

Location. Signs may be placed on canopies that front a street, parking lot or pedestrian way. A canopy may include a printed or mounted sign. No sign mounted to a canopy shall project beyond, above or below the face of a canopy.

(2)

Quantity, area and height. Sign quantity and area shall comply with the requirements established in Section 19-6-310. No structural element of a canopy sign shall be located less than nine (9) feet above finished grade in a pedestrian way, or less than fourteen (14) feet above finished grade in a vehicular way. Canopies on which signs are printed or mounted shall not extend over a public right-of-way more than seven (7) feet from the face of a supporting building, and be no closer than two (2) feet to a curb line. 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, a sign 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.

(3)

Lighting. Canopies may be internally illuminated only.

(d)

Freestanding pole signs.

(1)

Location. A freestanding pole sign shall be located on a site frontage adjoining a public or private street, easement or right-of-way the minimum setback from any property line for any freestanding pole sign shall be five (5) feet. No portion of any freestanding pole sign shall encroach or project into the public right-of-way.

(2)

Quantity, area and height. A freestanding pole sign shall comply with the quantity, area and height requirements established in Section 19-6-310.

(3)

Lighting. Freestanding pole signs may be internally illuminated only.

(e)

Marquee signs.

(1)

Location. A marquee sign shall be placed on a ground floor façade of a building.

(2)

Quantity, area and height. A marquee sign shall comply with the quantity, area and height requirements established in Section 19-6-310. No structural element of a marquee sign shall be located less than nine (9) feet above finished grade. Marquee signs shall not extend over a public right-of-way more than ten (10) feet from the face of a supporting building, and be no closer than two (2) feet to a curb line. No marquee sign shall extend above the roof or parapet line of any building.

(3)

Lighting. Marquee signs may be internally or externally illuminated.

(f)

Monument signs.

(1)

Location. A monument sign shall be located on a site frontage adjoining a public or private street, easement or right-of-way. The minimum setback from any property line shall be five (5) feet. Upon approval of the Town Administrator, a monument sign may be integrated into a fence or wall.

(2)

Quantity, area and height. A monument sign shall comply with the quantity, area and height requirements established in Section 19-6-310.

(3)

Lighting. Monument signs may be internally or externally illuminated.

(g)

Projecting signs.

(1)

Location. Projecting signs shall be placed on a ground floor façade, except for businesses located above the ground level with direct exterior pedestrian access.

(2)

Quantity, area and height. A projecting sign shall comply with the quantity, area and height requirements established in Section 19-6-310. No structural element of a projecting sign shall be located less than nine (9) feet above finished grade. 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 shall not extend more than four (4) feet from the face of a supporting building, and be no closer than two (2) feet to a curb line.

(3)

Lighting. Projecting signs shall not be illuminated.

(h)

Wall signs.

(1)

Location. A wall sign shall not obstruct any portion of a window, doorway or other architectural detail.

(2)

Quantity, area and height. A wall sign shall comply with the quantity, area and height requirements established in Section 19-6-310. No sign part, including cut-out letters, may project from the building wall more than required for construction purposes and in no case more than twelve (12) inches.

(3)

Lighting. Wall signs may be internally or externally illuminated.

(i)

Electronic message centers.

(1)

Location. Up to fifty percent (50%) of the allowed sign area of a freestanding pole or monument sign in a non-residential zoning district may be occupied by an electronic message center. Existing signage proposed for conversion to the use of an electronic message center shall conform to the sign standards in this Article prior to issuance of a sign permit. Non-conforming signs shall not be eligible for conversion to an electronic message center.

(2)

Quantity, area and height. An electronic message center shall comply with the quantity, area and height requirements established for freestanding pole or monument signs in Section 19-6-310.

(3)

Lighting. Lighting from the electronic message center shall not exceed 0.3 foot candles between dusk to dawn as measured from the sign's face. The electronic message center shall have automatic dimmer software or solar sensors to control brightness for nighttime viewing. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard. Documentation shall be provided from the sign manufacturer which verifies compliance with auto dimming and brightness requirements.

(4)

Transition method. The electronic message center shall be limited to static messages, changed only through either dissolve or fade transitions, which may otherwise not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement of any illumination or the flashing, scintillating or varying of light intensity.

(5)

Transition duration. The transition duration between messages shall not exceed one (1) second.

(6)

Message hold time. The message hold time shall be a minimum of twenty (20) seconds.

(Ord. 629 §1(Exh. A), 2017)

(a)

General. The following standards are applicable to all temporary signs:

(1)

Owner consent. All temporary signs must be located on private property and only with the consent of the property owner.

(2)

Lighting. No temporary sign shall be illuminated.

(3)

Duration. The purpose of temporary signs is to display messages for a temporary duration. Temporary signs shall not be used as a subterfuge to circumvent the regulations that apply to permanent signs or to add permanent signage in addition to that which is permitted by Section 19-6-310. Temporary signs shall be removed on or before ninety (90) days after first being placed, unless otherwise specified herein.

(b)

Banners.

(1)

Location.

a.

Banners shall not be placed to obstruct any portion of a window, doorway or other architectural detail.

b.

Banners may be installed on a utility pole with the consent of the utility provider, provided that the banner is attached at the top and bottom by brackets that project no more than thirty (30) inches from the utility pole.

(2)

Wave banners shall not obstruct any vehicle or pedestrian movement.

(3)

Quantity, area and height. Banners and wave banners shall comply with the quantity, area and height requirements established in Section 19-6-310. In addition, banners installed on utility poles in accordance with Subsection (b) above shall not exceed twenty-four (24) inches in width and forty-eight (48) inches in height.

(c)

Sidewalk signs.

(1)

Location. Placement of a sidewalk sign must be within one (1) foot of a building wall. A minimum of four (4) feet of sidewalk width clearance shall be available for pedestrian use. Sidewalk signs must be removed each day at close of business.

(2)

Quantity, area and height. A sidewalk sign shall comply with the quantity, area and height requirements established in Section 19-6-310.

(d)

Site signs.

(1)

Location. Site signs shall be setback a minimum of five (5) feet from any property line. Site signs are intended for vacant land parcels or lots under construction, and are not permitted on parcels with existing residential or non-residential uses.

(2)

Quantity, area and height. A site sign shall comply with the quantity, area and height requirements established in Section 19-6-310.

(e)

Swing signs.

(1)

Quantity, area and height. A swing sign shall comply with the quantity, area and height requirements established in Section 19-6-310.

(f)

Yard signs.

(1)

Quantity, area and height. A yard sign shall comply with the quantity, area and height requirements established in Section 19-6-310.

(Ord. 629 §1(Exh. A), 2017)

(a)

Computation of sign area.

(1)

The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the message, logo, symbol, name, photograph, writing, representation, emblem, artwork, figure or other display used to differentiate the sign from the backdrop or structure against which it is placed.

(2)

Any supporting framework, bracing, poles, fence or wall, or architectural feature or landscape element that is clearly incidental to the sign display shall not be computed as sign area.

(3)

Architectural treatments that aid in integrating the signage with the building design are encouraged, but any such treatment shall not be created for the purpose of visually enlarging the size of the sign. If more than ten percent (10%) of any wall or roof surface of any nonresidential building or any accessory structure to a nonresidential use is painted, finished or surfaced in a distinctive color scheme that includes some or all of the same colors, shapes, symbols, images, patterns or textures used on any sign identifying an owner, tenant or user of the building, and the Town Administrator determines that such wall or roof surfaces serve as a sign for an owner, tenant or user of the building, such wall or roof area shall be counted as signage and shall be subject to the limitations on signage area in Table 6-2.

(4)

All sign faces visible from one (1) point shall be counted and considered part of the maximum total sign area allowance for a sign.

a.

When two (2) identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed by the measurement of one of the two (2) sign faces.

b.

When the sign has more than two (2) display surfaces, the area of the sign shall be the area of largest display surfaces that are visible from any single direction.

(5)

The area of the sign shall be measured as follows if the sign is composed of more than one (1) individual cabinets or modules:

a.

The area around and enclosing the perimeter of each cabinet or module shall be summed and then totaled to determine total area.

b.

If the sign is composed of more than two (2) sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign.

c.

Pole covers, framing, decorative roofing, and other such embellishments shall not be included in the area of measurement if they do not bear advertising copy.

(6)

For the purpose of determining sign area and the allowable number of wall signs, a wall shall be considered the entire building side or elevation, and not each articulated wall face per building side or elevation.

(b)

Computation of sign height.

(1)

The height of any freestanding pole or monument sign shall be determined by the distance between the topmost portion of the sign structure and the ground elevation at the base of the sign ( ). The grade shall not be artificially changed solely to affect the sign height measurement.

(Ord. 629 §1(Exh. A), 2017)

(a)

In general, signs shall have mutually unifying elements which may include uniformity in materials, color, size, height, letter style, sign type, shape, lighting, location on buildings, and design motif.

(b)

Materials and textures of signs shall be compatible with the architectural character of the site and building. Supporting sign structures of freestanding signs shall match the primary finish and colors of the associated building(s).

(c)

Where possible, freestanding signs shall integrate tenant signs into a single sign structure.

(d)

Wayfinding signage systems shall be of a unified graphical system. Such signage shall be placed in consistent locations near site entries, key points on the internal automobile and pedestrian circulation system, building entries, seating areas, and sidewalk intersections.

(e)

In reviewing an applicant's submittal of a sign plan conforming to the provisions of this Section, the Town Administrator may vary standards for area, height and number of individual signs. The Town Administrator may approve up to a twenty percent (20%) change in one (1) or more dimensional standards (area and/or height) based on the applicant demonstrating that the change is warranted by a sign plan that represents exceptional design.

(Ord. 629 §1(Exh. A), 2017)

(a)

All permanent signs and all components thereof, including sign structures and sign faces, shall be installed in compliance with adopted building and electrical codes.

(b)

Except for flags, window signs and temporary signs conforming to the requirements of this Article, all signs shall be constructed of high quality durable materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure. No plywood signs shall be permitted.

(c)

No signs shall be installed so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.

(d)

No sign shall be installed in any form, shape, or manner which will interfere with any opening required for ventilation, except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of the adopted building code.

(e)

Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with adopted electrical code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than forty-eight (48) inches horizontally or vertically from any conductor or public utility guy wire, or as recommended by the local public utility company.

(1)

Every electric sign shall have affixed thereon an approved Underwriters' Laboratories label, or all wiring of such sign as approved by the State electrical inspector, and all wiring connected to such sign shall comply with all provisions of the applicable regulations of the Town relating to electrical installations.

(f)

Any person installing, altering, or relocating a sign for which a sign permit has been issued shall notify the Town Administrator upon completion of the work.

(1)

The Town Administrator may require that he be notified prior to the installation of certain signs.

(2)

The Town Administrator may require a final inspection of any installed sign, including an electrical inspection and inspection of footings on freestanding signs.

(Ord. 629 §1(Exh. A), 2017)

All signs, both currently existing and constructed in the future, and all parts and components thereof, shall be maintained in a safe condition in compliance with all building and electrical codes, and in conformance with this Article.

(1)

All signs, including sign structures and sign faces, shall be kept in good repair so as not to be distracting, unattractive, dangerous or a public nuisance and effectively serve the purpose for which they are intended. For the purposes of this Section, good repair shall mean that there are no loose, broken, torn or severely weathered portions of the sign structure or sign face.

(2)

All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced.

(3)

All electronic message centers shall be equipped with a malfunction display and the ability to automatically shut off if a malfunction occurs. An electronic message center under repair shall be shut off.

(4)

The Town Administrator shall have the right under Section 19-6-440 to order the repair or removal of any sign which is defective, damaged or substantially deteriorated, as defined in the adopted building code.

(Ord. 629 §1(Exh. A), 2017)

(a)

Altering or moving existing signs.

(1)

Any alteration to an existing sign, other than for a change of copy or for maintenance, shall require a new sign permit pursuant to Section 19-6-210. Alterations shall include, without limitation:

a.

Changing the size of the sign;

b.

Changing the shape of the sign;

c.

Changing the material of which the sign is constructed;

d.

Changing or adding lighting to the sign;

e.

Changing the location of the sign; or

f.

Changing the height of the sign.

(2)

Existing nonconforming signs may be altered in any way that does not change the size, height, background, shape or location of the sign without bringing the entire sign into conformance, provided that the cost of the alteration is less than fifty percent (50%) of the sign's replacement cost.

(b)

Sign removal or repair. In addition to any other remedies available under this Article, the Town Administrator may issue a written notice to sign owners of the need to remove or repair a sign, as follows:

(1)

Any sign that does not meet the requirements set forth in this Article and does not qualify as a legal nonconforming sign under Section 19-6-120.

(2)

Any sign that has not been used in a bona fide manner as a sign for a consecutive period of thirty (30) days and deemed abandoned by the Town Administrator.

(3)

Any sign that is in disrepair or unsafe and deemed hazardous by the Town Administrator.

(4)

Any sign identifying a business, professional or industrial establishment that has moved from the premises.

(c)

Violations.

(1)

The Town Administrator may inspect any sign and shall have authority to order the painting, repair, alteration or removal of a sign and/or sign structure that is prohibited or constitutes a hazard to safety, health or public welfare by reason of abandonment or inadequate maintenance, dilapidation or obsolescence.

(2)

When in the opinion of the Town Administrator, a violation of these regulations exists, the Town Administrator shall issue a written order to the alleged violator. The order shall specify those sections of these regulations of which the individual may be in violation and shall state that the individual has fifteen (15) days from the date of the order in which to correct the alleged violation or to appeal to the Board of Adjustment.

(d)

Removal by Town. The Town Administrator may cause the removal of an illegal sign in cases of emergency, or for failure to comply with the written orders of removal or repair. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Town Administrator together with an additional ten percent (10%) for inspection and incidental costs.

(1)

If the amount specified in the notice is not paid within thirty (30) days of the notice, it shall become an assessment upon a lien against the property of the sign owner, and will be certified as an assessment against the property for collection in the same manner as the real estate taxes.

(2)

The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Town Administrator, as in the case of a leased sign.

(Ord. 629 §1(Exh. A), 2017)