This Article shall be known as and may be cited as the "Sign Code of the Town of Minturn." (Prior code 16-19-1)

(a)

Purpose. This Article is intended to enhance and protect the physical appearance of commercial, industrial and residential areas through the regulation of existing and proposed signs. The purpose of this Chapter 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 local real estate 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)

Encourage common character through common elements;

(7)

Assist in wayfinding; and

(8)

Provide fair and consistent permitting and enforcement among all applicable uses and end users.

(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 Chapter 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 Chapter;

(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, including, but not limited to, written and graphic speech, are not constitutionally protected due to the harm that they cause to individuals or the community.

(6)

Signage may have been restricted in areas of historic significance or in areas where design guidelines and ordinances have been duly adopted by the Town.

(Prior code 16-19-2; Ord. 12-2022 §2)

Editor's note— Ord. No. 12-2022, §2, adopted Aug. 17, 2022, amended the title of § 16-19-20 to read as herein set out. The former § 16-19-20 title pertained to purpose.

For the purpose of this Article the following words shall have the following meanings:

Animated sign means a sign having lights or illumination which flashes, moves, rotates, scintillates, blinks, flickers, varies in intensity or color or uses intermittent electrical pulsations; provided, however, that seasonal lighting shall not be considered a flashing sign.

Banner means any advertisement device composed of flexible cloth or plastic, affixed by wires or ropes, which is located outdoors and which is primarily intended to announce or promote a civic or commercial event or which serves as a decoration for special holidays.

Building frontage means the length of a building or structure wall or walls facing a public street or right-of-way and used for the purpose of calculating maximum allowable sign area for an individual business.

Civic sign means a sign of or relating to a municipality or public affairs (such as a welcome sign/entry into Town).

Combined building frontage means the combined length of lineal frontage for a building or structure wall or walls facing more than one (1) public street or right-of-way and used for the purpose of calculating maximum allowable sign area for an individual business.

Commission means the Planning Commission and Design Review Board of the Town.

Directional sign means any sign on a lot that directs the movement or placement of pedestrian or vehicular traffic with or without reference to, or inclusion of, the name of a product sold or service performed on the lot or in a building, structure or business enterprise occupying the same.

Flag means a flexible cloth or plastic banner that is affixed in a manner so that it is put in motion by wind and displays government emblems, business or corporate logos or symbols and illustrations.

Freestanding sign means a single multi-faced sign affixed to a supporting structure or imbedded in and extending from the ground and detached from the building. This includes ground and pole signs. Allowable size does not include supporting structures except when said supporting structures are over fifty percent (50%) of the width or length of the sign itself, and shall then be considered to add in size and mass to the sign and shall be added to total sign size.

Gas-filled tube lighting sign means any sign that is illuminated by tubes filled with neon, argon and related gases.

Information sign means a sign used to indicate or provide information or direction with respect to uses on the property, including but not limited to signs that indicate the hours of operation and such signs as "No Smoking," "Open," "Closed," "Restrooms," "No Solicitors," "No Parking," "Deliveries in Rear," current credit card signs, trade association emblems and the like.

Internal illumination means lighting a sign by a light source that is within a sign having a translucent background and opaque letters, silhouettes or designs, or that is within letters or designs that are themselves made of translucent material.

Lot front means a portion of a property line that is contiguous to a public street.

Off-premises sign means a sign which advertises a business, merchandise, project, service or entertainment which is sold, produced, manufactured, furnished and located on a property other than that on which the sign is located.

Projecting sign means a sign other than a wall sign, which projects from a wall and is supported by a wall of a building or structure, or by a device that extends from the wall of the building or structure.

Residential nameplate means a type of sign allowed for the sole purpose of identifying the inhabitants of a residential structure, the house name or the address of the residence.

Roof sign means a sign painted on the roof of a building or supported by poles, uprights or braces extending from the roof of a building, or projecting above the roof of a building.

Sandwich board means a two-sided sign not affixed to a structure or permanent support.

Sign means any identification, description, logo, illustration or device that is affixed or placed directly or indirectly on a building, lot or parcel, including its structure and component parts, including any sign illumination device 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, or identification of a business or agency, and which is visible by the general public from any public right-of-way or any public area.

Sign area or surface area:

a.

Single-face sign: The entire area within a single continuous perimeter composed of squares, circles, triangles or rectangles which enclose the extreme limits of the advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space of a similar nature, together with any frame or other material, color or condition which forms an integral part of the display and is used to differentiate such sign from the wall against which it is placed, excluding the necessary supports, architectural features, detailing or banding that is integral and incidental to the facade of the building and is clearly not considered sign backing, or uprights on which such sign is placed.

b.

Two- or more faced signs: Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that only one (1) face of a double-faced sign shall be considered in determining the sign area, when both faces are parallel and the distance between faces does not exceed five (5) feet or the interior angle does not exceed forty-five (45) degrees if the boards are in a "V" configuration.

c.

Exempt sign backing: For buildings where signage is to be mounted on building facades (such as pin-mounted or painted lettering), or on architectural detailing such as banding which is clearly integral and incidental to the building facade and architectural detailing of the building or structure, but which is i) clearly not intended to act as a separate sign backing, or ii) not integral to the construction of the sign or signage, such detailing, siding materials and/or architectural features may be exempt from the sign area calculations. However, if an applicant proposes to paint a sign on a building or structure siding or facade and the use of multiple colors produces the illusion of a sign (lettering, message, announcement, declaration, demonstration, display, illustration, or insignia) with backing, the entire area of backing shall count toward the sign area.

Sign structure means any structure which supports or is capable of supporting a sign.

Site development sign means a sign used to identify a project under construction, including project name, general contractor, architect and prime real estate agent, and may include rental and sales information.

Swing sign means a sign that is suspended from a horizontal support (a swing post) that is attached to a vertical support mounted in the ground. A swing sign may also include riders.

Temporary sign means a sign which is, based upon materials, location and/or means of construction, e.g., light fabric, cardboard, wallboard, plywood, paper or other light materials, with or without a frame, intended for a definite and limited period of display and which is not permanently affixed to a structure or sign structure.

Walking sign means any sign or lettering on a costume, which is carried or worn by any person which is visible from a public right-of-way, adjacent property or a public area. This does not include picket signs.

Wall sign means any sign attached to, painted on or erected against the building or structure, with the exposed face of the sign in a parallel plane of said wall.

Window sign means a sign that is painted on, applied or attached to a window, but excludes merchandise included in a window display. Window signs shall include signs located in the interior of a structure, placed so that they serve to effectively display advertising for any passerby on any public areas or a public right-of-way.

Window sign, temporary means a window sign which advertises special, temporary commercial events or sales. Signs displaying solely product names, product logos, business names or promoting the ongoing nature of a business and the product sold shall not be considered temporary window signs.

Yard sign means a temporary portable sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and designed or intended to be displayed for a limited period of time on a lot with one (1) or more existing permanent structures.

(Prior code 16-19-3; Ord. 15-2008 §1; Ord. 9-2022 §2; Ord. 12-2022 §2)

It is unlawful for any person to erect or alter any sign within the Town without complying with the following requirements, except when exempted by Section 16-19-80 of this Code:

(1)

Submittal of the sign application; and

(2)

Review and approval by the Commission for all signs requiring a sign permit.

(Prior code 16-19-4)

(a)

Application form. An application for a sign permit shall be made to the Commission in writing on forms furnished by the Town. The application shall contain and include, where applicable, submittal of:

(1)

A scaled drawing showing the size, shape, design, colors, materials, lighting and letter styles of the proposed sign;

(2)

An elevation or photo depicting the proposed location of the sign;

(3)

A plot plan of the proposed site and sign location of any freestanding or projecting sign in relation to buildings, setbacks and property lines, plus the sign height and clearance above ground;

(4)

Two (2) copies of drawings showing details of structural and electrical components to demonstrate compliance with the International Building Code (IBC) and National Electric Code (NEC); and

(5)

Any other maps, drawings or materials that adequately describe the proposal.

(b)

Fee. At the time of application for review of a sign permit, the applicant shall pay the fee required by this Code. The application fee is nonrefundable.

(c)

Ownership. The application, materials and exhibits shall become the property of the Town.

(d)

Sign permit. Following review and approval of the sign by the Commission, the applicant shall obtain a sign permit from the Building Official. The permit fee will be based, per I.B.C. standards, on the value of the sign provided by the sign contractor. The sign review fee will be credited against the permit cost.

(e)

Permit duration. Signs for which permits have been issued shall be erected within ninety (90) days of the issuance of the permit. Failure to complete placement of the sign within such period shall require the applicant to obtain a new permit before such sign can be erected. An extension may be granted at the discretion of the Commission.

(f)

Inspections. Inspections may be required for placement, footing, electrical and other structural components of which the applicant will be advised upon receipt of the approved sign permit.

(Prior code 16-19-5)

The following regulations shall apply to all signs, whether or not exempted by Section 16-19-80 of this Article from other signage requirements, in all zoning districts:

(1)

All signs shall be structurally sound, maintained in good repair and shall not constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or electrical shock.

(2)

The display surfaces of all signs shall be kept neatly painted or posted at all times.

(3)

The Commission shall have the authority to order painting, repainting, repair, maintenance or removal of any sign which has become dilapidated or a hazard to safety, health or public welfare.

(Prior code 16-19-6)

The following signs shall not be permitted, erected or maintained in the Town:

(1)

Dangerous signs. No sign shall:

a.

In any way obstruct the view of, be susceptible to, confused with or purport to be an official traffic sign or device or any other official sign;

b.

Use any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle, or create in any way an unsafe distraction for motor vehicle operators;

c.

Obstruct the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare;

d.

Obstruct free ingress to or egress from required door, window, fire escape or other required exits; or

e.

Be attached to trees or telephone poles.

(2)

No sign shall contain statements, words or pictures of an obscene, indecent or immoral character such as will offend public morals or decency in accordance with constitutional standards.

(3)

Any sign that emits sound and that is intended to attract attention by way of bells, whistles, music and any other similar device.

(4)

Animated signs.

(5)

Roof signs.

(6)

Parked vehicles, including but not limited to, automobiles, trucks, buses, semi-trucks (attached or detached), trailers, mobile homes, boats, vans and the like shall not be used as sign or sign structures. Signs displayed on motor vehicles or trailers which are being operated or stored in the normal course of business, such as signs indicating the name of the owner of the business, which are located on delivery trucks, trailers and the like, provided that the primary use of such vehicles is not for display of signs and provided that such vehicles are parked or stored in areas appropriate to their use as a vehicle, shall not be considered signs or sign structures.

(7)

Banners, unless specifically used as temporary signs, stated elsewhere in this Article.

(8)

Any prohibited, illegal or nonconforming sign as defined elsewhere in this Article or which is in violation of any county, state or federal regulation.

(Prior code 16-19-7)

The provisions of this Section shall not apply to the following signs, with the exception of Section 16-19-60 above regarding general regulations and Section 16-19-70 above regarding prohibited signs:

(1)

Flags. Flags, provided that they are not greater than twenty-four (24) square feet and mounted on flagpoles not greater than thirty-five (35) feet high.

(2)

Historic plaques. Historic plaques erected by the Town or historic agencies designating an area of historical significance, recognized as such by the Town.

(3)

Information. Not to exceed two (2) square feet in area.

(4)

Legal nonconforming. Any sign located in the Town, currently maintained in satisfactory condition that was approved and erected under previous regulations and determined to be a legal nonconforming sign as defined in Section 16-19-130 below.

(5)

Words carved in stone, concrete or similar permanent materials, which do not exceed two (2) square feet and which are constructed as an integral part of a structure.

(6)

Menu display boxes. Display boxes of up to two (2) square feet are allowed for restaurants, bars and lounges for the purpose of displaying menus. A permit shall be obtained for menu display boxes larger than two (2) square feet and exceeding two (2) feet shall be counted against the total allowable sign area.

(7)

Official notices. Official government notices and signs for any governmental purpose posted by local, state or federal government employees in the performance of their official duties.

(8)

Signs being carried by a person; provided, that such signs are not set down, propped on objects, or objects temporarily affixed to the ground.

(9)

Residential. Residential nameplates and numbers.

(10)

Seasonal decorations. Temporary noncommercial decorations or displays, when such are clearly incidental to, and are customarily or commonly associated with, any celebration; provided that decorations or displays are maintained in an attractive condition and do not constitute a hazard.

(11)

Warning signs. Temporary or permanent signs erected by the Town, public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines or similar devices. Also included are signs warning of private property use restrictions which may result in legal penalties, such as "No Parking," "Cars Will Be Towed" signs and the like.

(12)

Swing signs, provided that only one (1) swing sign may be displayed on each property or each individual unit thereon, and such sign shall not be larger than four (4) square feet per side. Signs may not be placed within a public right-of-way, but may be placed within a required side yard setback.

(13)

Garage sale. Any sign advertising a garage or yard sale may be displayed three (3) days prior to the sale and must be removed within two (2) days after the sale. Signs may be placed as to give directions.

(14)

Civic signs. Welcome signs/entry monuments into the Town.

(15)

Yard signs. Such signs shall not be displayed for a period of more than ninety (90) days per year. No such signs or posters shall be placed upon or shall extend into a public right-of-way, but may be placed within a required yard setback. These signs shall not exceed four (4) square feet in size.

(16)

Directional. Directional signs as defined in Section 16-19-30 above are allowed and shall not exceed four (4) square feet.

(Prior code 16-19-8; Ord. 12-2022 §2)

(a)

The following signs are permitted in all zoning districts only after an application for a sign permit has been approved by the Planning Director. Permitted temporary signs are not charged against the maximum allowable permanent sign area. Temporary signs are not allowed within the public right-of-way unless local, state and federal approvals have been acquired and said sign promotes an event or project sanctioned by the Town. No more than three (3) applications can be made per calendar year by any one (1) business or party or property.

(1)

Banners. A permit to erect a banner may be issued for the following:

a.

Announce or promote a civic or commercial event. Such banners may be displayed no more than fourteen (14) days prior to the event and shall be removed within two (2) days after the event.

b.

Welcome participants to conventions or gatherings. Such banners may be displayed not more than five (5) days prior to the event and shall be removed within two (2) days after the event.

c.

Decorations for special holidays. Such banners may be displayed no more than thirty (30) days prior to the holiday and shall be removed no more than fourteen (14) days after the holiday.

d.

Used for identification purposes until a permanent sign is erected. Such banners shall not be displayed for more than thirty (30) days unless an extension is granted by the Planning Director.

(2)

Civic events posters and announcements. Posters, flyers and announcements promoting civic events may be displayed for a period of ten (10) days prior to the event and must be removed two (2) days after the event. These signs shall not exceed four (4) square feet.

(3)

Site development signs. One (1) site development sign may be allowed for a real estate development project. A site development sign may be displayed commencing with the issuance of a building permit and shall be removed at or before the issuance of any certificate of occupancy or the abandonment of the project, whichever shall occur first.

(4)

Walking signs, including costumed characters. Any sign or lettering on a costume, which is carried or worn by any person or animal for advertising purposes. The Planning Director shall determine the time limit of the sign dependent upon the timing of the specific event for which the sign is requested. The size of the sign shall not exceed three (3) square feet.

(b)

An annual temporary sign permit may be granted by the Planning Director for the erection of and displaying of signs, banners or other displays on a temporary basis. The permit shall specifically state the location of each sign or display and sketch drawings of proposed signs, and specifically state the starting and expiration dates and the responsibility for removal. The signs may be displayed and removed as required by this Section, and only ten (10) events shall be allowed with the annual permit per year. In addition, the applicant may also be granted the annual permit for sidewalk sales which are conducted and adjacent to the business building from which the sale is conducted and are limited to three (3) days in duration. Sidewalk sales must be capable of being conducted without undue disruption of pedestrian or vehicular traffic.

(Prior code 16-19-9; Ord. 15-2008 §1; Ord. 12-2022 §2)

(a)

Conditional uses. Signs shall be allowed for conditional uses in the Residential, Mobile Home, Agricultural and Open Space Districts as follows:

(1)

Signs shall be limited to one (1) freestanding, projecting or wall sign per each conditional use on the property.

(2)

All freestanding signs shall not be in excess of six (6) feet in height and shall be set back in accordance with the yard setbacks of the particular zone district.

(3)

Any such sign which is lighted shall be lighted by directed illumination only.

(4)

A single- or double-faced sign shall have a surface area of one (1) square foot per lineal foot of building front or lot front as the case may be, but not to exceed twelve (12) square feet.

(b)

Home occupation. Home occupation signs are permitted, provided that:

(1)

There shall be only one (1) sign per residence.

(2)

No sign shall exceed two (2) square feet.

(3)

The home occupation has been approved in accordance with the provisions set forth in this Code.

(4)

Signs shall not be illuminated.

(5)

Signs shall be attached to the residence.

(c)

Subdivision and entry signs. Entrance signs shall be permitted for residential subdivisions, for mobile home parks and for a lot that contains more than four (4) dwelling units as follows:

(1)

One (1) entry sign shall be permitted for each primary entrance. In those instances where there are multiple entrances, additional entry signs shall be permitted, but shall not exceed a total surface area for all signs of twelve (12) square feet.

(2)

No portion of the entrance sign shall extend more than ten (10) feet above the average grade.

(3)

Each entrance sign area shall be landscaped and maintained, shall be kept in a neat and clean condition and shall be kept free of rubbish, weeds and trash.

(4)

Any lighted sign shall be illuminated by an indirect light source.

(d)

Prohibited signs. All signs specifically defined in Section 16-19-70 above, with the addition of the following signs, shall be prohibited in all Residential, Mobile Home, Agricultural and Open Space Zone Districts:

(1)

Gas-filled tube lighting.

(2)

Internally illuminated signs.

(3)

Off-premises signs.

(Prior code 16-19-10; Ord. 15-2008 §1)

In Commercial and Industrial Zone Districts, all signs shall comply with the following:

(1)

Size and height requirements:

a.

Individual business sign. For any building or structure containing only one (1) business, the following sign allowance is permitted:

1.

All signage for an individual business shall not exceed one (1) square foot of sign area per lineal foot of building front for a building or structure with one (1) frontage facing a public street or right-of-way. If an individual business is located within a building or structure that has two (2) or more frontages facing public streets or rights-of-way, and the combined building frontage exceeds forty (40) lineal feet, then the total square footage of allowable sign area for any individual business within a building or structure shall not exceed sixty-six percent (66%) of the building's combined building frontage, or a minimum allowance of forty (40) square feet, whichever is more permissive.

2.

More than one (1) commercial advertising sign is permitted, provided that the total sign area of all signs does not exceed one (1) square foot per lineal foot of building frontage, and if the combined building frontage exceeds forty (40) lineal feet, then the total square footage of allowable sign area of all signs for any individual business shall not exceed sixty-six percent (66%) of the building's combined building frontage, or a minimum allowance of forty (40) square feet, whichever is more permissive.

3.

No part of any sign shall exceed the height of any building on the same lot, or in any case be more than twenty (20) feet in height.

b.

Multiple business sign. For any building or structure containing more than one (1) business, one (1) advertising sign is permitted for each business as follows:

1.

The total allowable sign area for each business within a multi-tenant building or structure shall be one (1) square foot per lineal foot of building front associated with each business, not to exceed forty (40) square feet. If the individual business would like to exceed the forty (40) square foot maximum in a multi-tenant building not to exceed the total allowable sign area for the building, then permission from the property owner must be obtained and submitted to the Town in writing.

2.

The combined size of all signs for the structure in which the multiple businesses are located shall not exceed the total linear footage of the combined building frontage. If the building frontage for a single-fronted building or structure, or the combined building frontage for a building or structure with more than one (1) frontage exceeds forty (40) lineal feet, then the total sign area for all signage associated with each business located in the multi-tenant building or structure shall not exceed sixty-six percent (66%) of the building's combined building frontage, or a minimum allowance of forty (40) square feet, whichever is more permissive.

3.

The building or project identification sign shall not be included in total sign allowance for the multiple businesses. The project identification sign shall be one (1) square foot per lineal feet of building frontage and not to exceed twenty (20) square feet, whichever is less.

4.

No part of any sign shall exceed the height of any building on the same lot or in any case be more than twenty (20) feet in height.

5.

In a multi-tenant building, sign applicants may propose a customized master sign program for the entire building in accordance with these regulations. However, sign applicants may propose variations that allow for flexibility in allowable sign area and placement. Any variations proposed as part of a master sign program shall be applied for in accordance with Section 16-19-140—Variances.

(2)

Illumination:

a.

Signs may be designed to give forth artificial light or designed to reflect such light from an artificial light source. Illuminated signs shall be installed so as to avoid any glare or reflection into any building used for residential purposes, or into any street, alley or driveway if such reflection or glare might create a traffic hazard. Such sign illumination shall include, but not be limited to, internal illumination and directed lighting.

b.

Hours of illumination: Signs located adjacent to and across the street from residential areas shall remain lighted until no later than 11:00 p.m. or until the close of business, whichever is later.

(3)

Permitted signs: The following commercial advertising signs shall require a sign permit. Unless stated otherwise, these signs will be calculated into the total sign allowance as described herein.

a.

Canopy, awning and flag as signs. No such sign shall project above the top of the building or structure upon which it is mounted. Under-canopy or awning signs perpendicular to the face of the building shall be considered projecting wall signs. Canopies, awnings and flags may extend over a public right-of-way from the face of the supporting building and must be a minimum of eight (8) feet above any public right-of-way. Canopies, awnings and flags shall not extend within two (2) feet of the curb line of a public street. The signage on an awning or canopy shall be counted toward the total allowable sign area. Flags used as signs shall be counted in total size toward the total allowable sign area. Governmental flags are exempted as per Section 16-19-80 above.

b.

Freestanding. Freestanding signs are allowed within required setbacks but shall not overhang into the public right-of-way or pose any visual or obstructional hazard.

c.

Gas-filled tube lighting. Gas-filled tube lighting shall be considered signage and may be used for text, logos, symbols and in linear applications such as outlining or highlighting rooflines, buildings, perimeters, windows and doorways. In the case of measuring linear applications of gas-filled tube lighting, the tube shall be considered as being three (3) inches wide and shall be multiplied by the length of the tube to determine square footage, which will then be applied to the total allowable signage. Otherwise, signage shall be measured by the outside dimensions of the sign.

d.

Off-premises signs. Off-premises advertising signs are permitted along Main Street—Highway 24 for businesses located on a property within two hundred fifty (250) feet of the proposed sign location, provided that:

1.

Written permission is granted by the Colorado Department of Transportation if the sign is to be located adjacent to Highway 24.

2.

Written permission is granted by the property owner where the sign is to be located.

3.

The total sign allowance on the property where the off-premises advertising sign shall be located does not exceed the total allowed sign area for the lot or building on which the off-premises sign is to be placed. In no case shall the total area of an off-premises sign exceed forty (40) square feet. The off-premises advertising sign shall be calculated into the total sign allowance on the property where the sign is located.

4.

No off-premises advertising signs shall be permitted in the public right-of-way.

5.

Off-premises signs shall not be permitted on properties where the primary use is residential even when the property is located in a commercial or industrial zone.

e.

Projecting signs. Projecting signs shall not be higher than the eave line or parapet wall of the principal building and shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way. Signs shall not project within two (2) feet of the curb line of a public street and must be placed a minimum of fourteen (14) feet above a driveway or alley.

f.

Sandwich board. Sandwich board signs are not allowed on the public right-of-way but may be permitted on private property subject to the review of the Commission and shall be counted towards the total sign allowance for the property, except when applied for as a temporary use.

g.

Symbolic signs. Signs such as barber poles, mortar and pestle, etc., which are traditional in nature and size, shall be permitted and will not be included in the total allowable sign area, provided that the symbolic sign is not out of proportion with the structure and overall signs on the building.

h.

Wall signs. Wall signs shall not be higher than the eave line or parapet wall of the principal building and shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way.

i.

Window signs. Window signs are permitted, provided that no more than twenty-five percent (25%) of the exterior window area is obscured by commercial advertising signs and shall be included in the total maximum sign allowance. This does not apply to temporary window signs.

(Prior code 16-19-11; Ord. 15-2008 §1; Ord. 9-2022 §2; Ord. 12-2022 §2)

(a)

Signs shall be allowed for the Mixed-Use Zone District as follows:

(1)

Size and height requirements: One (1) sign shall be permitted which shall not exceed one (1) square foot per lineal foot of building front for a building or structure with one (1) frontage facing a public street or right-of-way. If an individual business is located within a building or structure that has two (2) or more frontages facing public streets or rights-of-way, and the combined building frontage exceeds forty (40) lineal feet, then the total square footage of allowable sign area for any individual business within a building or structure shall not exceed sixty-six percent (66%) of the building's combined building frontage, or a minimum allowance of forty (40) square feet, whichever is more permissive.

(2)

Multiple business signs. For any structure containing more than one (1) business, one (1) advertising sign is permitted for each business as follows:

a.

The total allowable sign area for each business within a multi-tenant building or structure shall be one (1) square foot per lineal foot of building front associated with each business not to exceed forty (40) square feet.

b.

The building or project identification sign shall not be included in total sign allowance for the multiple businesses. The project identification sign shall be one (1) square foot per lineal foot of building frontage or not to exceed twenty (20) square feet, whichever is less.

(b)

If a single business desires more than one (1) sign on a building, the total sign area for the combined signs shall not exceed the total linear footage of the combined building frontage. If the building frontage for a single-fronted building or structure, or the combined building frontage for a building or structure with more than one (1) frontage exceeds forty (40) lineal feet, then the total sign area for all signage associated with each business located in the multi-tenant building or structure shall not exceed sixty-six percent (66%) of the building's combined building frontage, or a minimum allowance of forty (40) square feet, whichever is more permissive.

(c)

Advertisement by means of internally lit, neon or other illuminated gas-tube lighted signs; signs with moving parts; signs with Day-Glo or fluorescent colors shall be allowed during regular business hours, not to be before 7:00 a.m. or after 11:00 p.m.

(d)

Illumination. Signs may be designed to give forth artificial light or designed to reflect such light from an artificial light source. Such illumination shall include, but not be limited to, internal illumination and directed lighting. Illuminated signs shall be installed so as to avoid any glare or reflection into any building used for residential purposes, or into any street, alley or driveway if such a reflection or glare might create a traffic hazard.

(e)

Hours of illumination. Signs located adjacent to and across the street from residential areas shall remain lit until no later than 11:00 p.m. or until the close of business, whichever is later.

(f)

Sandwich board signs shall be prohibited.

(g)

No sign shall have audible devices.

(h)

No sign shall be painted, constructed or placed upon any roof.

(i)

No part of any sign shall exceed the height of any building on the same lot.

(j)

Sections 16-19-10 through 16-19-140 of this Article shall remain in effect with respect to mixed-use zones, as well as all others.

(Prior code 16-19-12; Ord. 15-2000 §1; Ord. 15-2008 §1; Ord. 9-2022 §2)

(a)

Any sign not conforming to this Article and located in the Town, currently maintained in satisfactory condition and determined by the Building Official to conform to the safety and structural specifications set forth in the International Building Code, that was approved and erected under previous regulations, shall be deemed legally nonconforming. Such sign may be maintained, provided that such legal nonconforming sign shall not be:

(1)

Expanded or structurally altered;

(2)

Altered to change the copy; or

(3)

Continued in use after cessation or change of the business to which it pertains.

(b)

An illegal nonconforming sign is a sign that was in violation of the sign code prior to adoption of this Article and following adoption of this Chapter and that continues to not comply with said regulations. Such sign shall be considered a violation of this Article and shall be required to be removed immediately upon establishment that the sign in question is illegal.

(Prior code 16-19-13)

A variance from the strict application of the provisions of this Article may be granted by the Planning Commission and Town Council, pursuant to the provisions and procedures set forth in Article 21 of this Chapter.

(Prior code 16-19-14)

Any person who violates the provisions of this Article shall be guilty of a misdemeanor and, in addition to the penalties provided for herein, upon conviction shall be punished in accordance with the provisions of Section 1-4-20 of this Code.

(Prior code 16-19-15; Ord. 15-2008 §1)