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HomeMy Public PortalAboutOrdinance 473 Concerning Signs TOWN OF FRASER ORDINANCE NO. 473 Series 2019 AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 6 OF THE FRASER MUNICIPAL CODE, CONCERNING SIGNS, AND MAKING CONFORMING AMENDMENTS IN CONNECTION THEREWITH WHEREAS, the Town of Fraser is a Colorado municipal corporation governed by its Mayor and Board of Trustees; and WHEREAS, the Board of Trustees is authorized by C.R.S. § 31-23-101 et seq to adopt and enforce regulations for the preservation of the public health, safety and welfare, including regulations governing the zoning, subdivision and development of land; and WHEREAS, the Board is also authorized to adopt this ordinance pursuant to state law, including but not limited to C.R.S. § 24-67-101 et seq and 31-16-101 et seq; and WHEREAS, in the exercise of this authority, the Board of Trustees has previously adopted Chapter 19 of the Fraser Municipal Code concerning the use and development of land within the corporate boundaries of the Town; and WHEREAS, the Board of Trustees wishes to amend Article 6 of Chapter 19 of the Code to improve the regulation of signs. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE Chapter 19 (Land Development Code), Article 6 (Signs) of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") is hereby amended as follows [Note: additions are shown in bold print; deletions are shown as print]: ARTICLE 6 - Signs Division 1 - Purpose and Applicability Sec. 19-6-110. - Purpose. These sign regulations are established to safeguard the health, safety, convenience, order and welfare of all residents of the Town. 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 ensure that persons exposed to signs are not overwhelmed by the number of messages presented; (3) Protect the public welfare aid enhance 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. (8) These sign regulations, including provisions to control the size, location and number of signs, and the, enforcement, and maintenance thereof, are established in order to achieve, among others, the following purposes in addition to the foregoing: (a) to provide citizens within the Town of Fraser ample opportunity to exercise their rights to free speech, (b)to eliminate any conflict between residential signs and traffic control signs, (c) to eliminate any conflict between residential signs and the ability of pedestrians and motorists to see one another in or near the right of way, (d) to reduce distractions for motorists, (e) to reduce sign clutter (f) to promote the health, safety, and welfare of the community, and (g) to maintain and preserve the aesthetics of the community. Sec. 19-6-120. - 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 tie 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. Sec. 19-6-130. -Application. The provisions of these regulations shall apply to the display, construction, erection, alteration, use, maintenance, and location of all signs within the Town. (1) If any provision of this Article conflicts with any other adopted Town code that regulates signs, the more restrictive standards shall apply. (2) 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 addresses the same subject matter as other regulations, the more restrictive regulation shall apply. (3) Nothing in this Article shall be construed as a defense to a violation of applicable state or federal law. (4) Signs shall be permitted in the various zoning districts as accessory structures in accordance with these regulations. (5) 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. (6) Existing signs which do not conform to the specific provisions of these regulations are designated as nonconforming signs. Notwithstanding Article 2, Division 5 of this Chapter, all nonconforming signs shall be removed or brought in conformance with these regulations on or before the earlier to occur of the following events: a. The sign is relocated or replaced. b. 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. c. The sign suffers more than fifty percent (50%) damage or deterioration to its appraised value. Division 2—Administration. Sec. 19-6-210. - Sign permit required. A sign permit shall be required in order to erect, move, alter, reconstruct or repair any permanent or temporary sign, except signs that are exempt from permits in compliance with Section 19-6-250 of this Article. (1) Changing or replacing the copy on an existing lawful sign shall not require a permit, provided that the copy change does not change the type of the sign or render the sign in violation of this Article. (2) A separate sign permit shall be required for each sign. (3) In addition to the required sign permit, a building permit may be required by Town Staff for signs incorporating structural elements or attached to buildings. Electrical permits may be required for signs that are illuminated or other signs with electrical components. (4) No permit is required for signs in residential zoning districts. Sec. 19-6-220. - Sign permit review. (a) A complete application for a sign permit shall be submitted on a form provided in Appendix 1.A sign permit fee shall be paid to the Town in accordance with the fee schedule in Appendix A. (b) The sign permit application shall be reviewed by the Town in accordance with Section 19- 1-210 and Table 1.1 of this Chapter. (c) The following review criteria will be used by Town Staff to evaluate all sign permit applications: (1) That the sign meets the requirements of this Article and other applicable codes; (2) That the sign conforms to the size, height and location requirements of this Article for the zoning district in which it is located; and (3) That the sign will not interfere with pedestrian or vehicular safety. Sec. 19-6-230. - Master Sign Plan (MSP). (a) For any shopping center, industrial park, PD District or other unified form of site development, an applicant may submit a master sign plan that consists of coordinated, shared signage for the entire development. The applicant shall submit all required materials specified in Appendix 1. (b) The purpose of an MSP is to establish design compatibility for a coordinated program of common signage, to provide for flexible signage opportunities that are greater than the signage otherwise allowed under this Article and to communicate to the public the planned land uses and their locations. Signs in a master sign plan 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. (c) The MSP application shall be reviewed by the Town in accordance with Section 19-1-210 and Table 1.1 of this Chapter. (d) In reviewing an applicant's submittal of an MSP that conforms with the provisions of this Section, the Board of Trustees may approve site specific standards for area, height and number of individual signs. The Planning Commission shall review the MSP at a public hearing and make a recommendation to the Board of Trustees. (e) Upon approval of the MSP, subsequent application for specific signs shall be approved administratively when the proposed sign is in compliance with the approved MSP. Each sign shall require a sign permit and applicable fee. Sec. 19-6-240. - Variances and appeals. (a) Administrative variances. Town Staff shall be authorized to grant minor modifications of any sign standard, including but not limited to sign area and/or height modifications of ten percent (10%) or less, upon a finding that: (1) Such action is taken in order to encourage the implementation of alternative or innovative practices that provide equivalent benefits to the public, or (2) The minor modification is of a technical nature and is required to compensate for some practical difficulty or unusual aspect of the site or the proposed sign. (b) Board of Adjustment variances. Any other request for an increase in the maximum allowable area for a sign or a variance from any of the requirements of this Article must be approved through a variance granted by the Board of Adjustment in accordance with the provisions of this Chapter. (c) Appeals. Any sign type not specified herein is prohibited. hall be reg iewed by Town Staff on a case by case basis.All decisions of the Town Staff under this Section are the final action of the Town. Sec. 19-6-250. - Exempt signs. The following signs are exempt from the sign permit regulations of Section 19-6-210 above; however, remain subject to the remaining provisions of this Article. Exempt signs shall otherwise be in conformance with all applicable requirements of this Chapter, and the construction and safety standards of the Town. All signs not listed in this Section (and that are not prohibited under Section 19-6-2-5{4 260 below) require a sign permit pursuant to Section 19-6-210 above. The following exempt signs shall be unlit unless specified below: (1) Signs erected by the Town or by any federal, state or county government agency. (2) Any public purpose/safety sign and any other notice or warning required by a valid and applicable federal, state or local law, regulation or resolution, provided that the sign does not exceed four (4) square feet in area. These signs shall comply with the lighting requirements of this Article. (3) Signs displayed on motor vehicles which are being operated or stored in the normal course of a business, provided that the primary purpose of such vehicles is not for the display of signs and provided that they are parked or stored in areas appropriate to their use as vehicles. (4) Scoreboards fef on athletic fields, provided that such scoreboards comply with the lighting requirements of this Article. (5) Temporary decorations or displays, if they arc clearly incidental to, customarily, or such decorations or displays may be of any type, number, area, height, location, do not constitute a fire hazard. (6) Signs being carried by a person. (7) Flags. a. Flags that are affixed to permanent flagpoles or flagpoles that are mounted to buildings (either temporary or permanent). b. Decorative flags, banners or pennants or a combination of the same, constituting an architectural feature which is integral to the design of a project. (8) Banners, as defined in Section 19-6-510, and subject to the standards in Section 19-6- 210 310. (9) Yard signs, as defined in Section 19-6-510 and subject to the standards in section 19-6-310 One (1) yard sign por •_ _ - __ _ (10) Directional signs, as defined in Section 19-6-510 and subject to standards in section 19-6-310. not exceec . • . -e _ _ __ - _• (11) Window signs, as defined in Section 19-6-510. 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. Window signs shall cover not more than fifty percent (50%) of a window on any non-residential building and must comply with the lighting requirements of this Article. (12) Sandwich board signs, as defined in Section 19-6-510, and subject to the standards in Section 19-6-248 310. (13) Site signs, as defined in Section 19-6-510, and subject to the standards in Section 19- 6 210 310. (14) Incidental signs, as defined in Section 19-6-510, and subject to the standards in section 19-6-310. whish-do not exceed two (2) square feet in sign area. {15) Works of art and murals, as defined in Section 19 6 510. (16) Tethered balloons. Sec. 19-6-260. - Prohibited signs. The following types of signs are prohibited except as noted: (1) All signs not expressly permitted under this Article or exempt from a sign permit in accordance with Section 19-6-250. (2) Signs on vehicles, when the vehicle is placed in a location for the primary purpose of displaying signage. (3) Portable signs, as defined in Section 19-6-510. (4) Signs attached to trees or other plant or landscape materials. (5) Signs located on utility poles, public benches or any other form of public property or within any public right-of-way unless explicitly permitted by this Article. (6) Signs which produce audible noise or sounds. (7) Signs which emit visible smoke, vapor, particles or odors. (8) Signs that rotate, blink, move (such as "revolving beacons")or are otherwise animated; signs that are flashing; or signs that create the illusion of movement and are designed to compel attention; except for electronic message centers for which a permit has been issued in accordance with the requirements of this Article. (9) Any sign painted, erected and/or constructed upon, above or over the roof of any building. (10) Inflatable signs and searchlights. (11) Any sign other than traffic control signs, that is erected, constructed or maintained within, over or upon a public right-of-way, except sandwich board signs in conformance with Section 19-6-340, or other temporary signs otherwise granted permission for such location by the Town or the Colorado Department of Transportation. (12) Any sign that impedes pedestrian or vehicular movement, or is erected in such a location as to cause visual obstruction or interference with motor vehicle traffic or traffic- control devices, including any sign that obstructs clear vision in any direction from any street intersection or driveway. (13) Any sign that obstructs access to or impedes operation of any fire escape, downspout, window, door, stairway, ladder or opening intended to provide light, air, ingress or egress for any building or structure as may be required by law. (14) Any sign or sign structure which is structurally unsafe, constitutes a hazard to safety or health by reason of inadequate maintenance, abandonment, dilapidation or obsolescence and/or is not kept in good repair. (15) Off-premise advertising signs not pertinent and clearly incidental to the permitted use on the property where located, except for signs permitted in Section 19-6-320 of this Article.An off-premise sign in existence at the time of the adoption of the initial ordinance codified herein may be maintained in use only so long as it is used in conjunction with the same business or activity with which it was associated and which was in existence on the date of adoption of said ordinance.Any off-premise sign which has been damaged or has not been maintained shall be removed. Division 3 - Standards Sec. 19-6-310. - Sign standards by zoning district. 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 16-6-320 and 16-6-330. (1) Standards for residential zoning districts. Signs in all residential zoning districts shall be subject to the limitations and standards in Table 6.1. Only signs shown in table 6.1 are permitted in these districts. TABLE 6.1 Standards for Residential Zoning Districts Sign Type Maximum Number Maximum Maximum/Minimum Height Area ; 1 Monument per entrance to a 32 square subdivision, multi-family No higher than 8 feet Sign feet housing complex or mobile home park Projecting -_ : •: : :__ - -_:•: : 1 por principal building 6 square feet Sign winclow-(multi story building); 8 feet mini eight Site Sign 1 1 per street frontage 6 square feet No higher than 6 feet 6 square Swing-Sign 1 por etroot frontage feeti44814184Ve Ne-44948F-than-6-feet of riders Unlimited 1-per-1341484384 •- - . - - -•• ly 6 square feet No higher than cave or parapet lino beteg Wall Sign 1 por principal non N/A No higher than eave or parapet line building, per street frontage 1 per street frontage 6 8 square Yard Sign feet per sign No higher than 4-5.5 feet 4 per residential lot (2) Standards for non-residential zoning districts and uses. Signs in all non-residential and mixed use zoning districts shall be subject to the limitations and standards in Table 6.2. Only the signs shown in table 6.2 are permitted in these districts. Signs on a lot zoned to a nonresidential or mixed use district but exclusively devoted to residential uses shall be subject to the limitations and standards in table 6.1. TABLE 6.2 Standards for Non-Residential and Mixed Use Zoning Districts Permitted Maximum Number Maximum Area Maximum/Minimum Height Sign Type 0.5 square feet of Multiple, within signage for each No higher than roof or parapet Awning Sign maximum area j linear foot of awning, line; 8 feet minimum height requirements up to a maximum of pedestrian clearance 32 square feet No higher than roof or parapet Banners 2 per street frontage 50 square feet per line for a banner attached to a street frontage wall. No higher than 12 feet for a feather banner 0.5 square feet of No higher than roof or parapet Multiple, within signage for each line; 8 feet minimum height Canopy Sign maximum area linear foot of canopy, pedestrian clearance; 14 feet requirements up to a maximum of minimum height vehicular 32 square feet clearance Marquee 1 per building 40 square feet per No higher than roof or parapet sign face, up to a Sign frontage maximum of 3 faces line; 8 feet minimum height 1 per street frontage 32 square feet. An T electronic message Monument of principal center may be No higher than 12 feet Sign building/access integrated up to 50% point of allowed sign area. 1 per street frontage Pole Sign of principal 32 square feet No higher than 20 feet building/access point Projecting 1 per building Sign frontage 6 square feet No higher than wall (single story building)/bottom of second story window (multi-story building); 8 feet minimum height Sandwich 1 per building 16 square feet No higher than 4 feet Board Sign frontage Site Sign 1 per street frontage I 32 square feet No higher than 8 feet No higher than 6 feet 1 square foot of area Multiple, within per lineal foot of No higher than eave or parapet Wall Sign maximum area exterior wall frontage, requirements ! up to a maximum of line 100 square feet Yard Sign 1 per street frontage 6 8 square feet No higher than 4 5.5 feet Decorative 4 per commercial Panel [Fn1] building 100 square feet N/A Decorative 1 per commercial ;One building wall Painting building only N/A [Fn2] r T Directional N/A 12 square feet per N/A Sign :sign Incidental N/A 2 square feet per N/A Sign sign FN1 May not contain numbers, letters or advertising copy. FN2 May not contain numbers, letters or advertising copy. (3) Standards for signs in a Planned Development (PD) District. Signs in a PD District shall be in accordance with the provisions in :his Article governing the type of residential or non- residential land use most similar to that within the PD District, unless otherwise specifically addressed in the relevant final PD plan. a. A Master Sign Plan (MSP) may be submitted that permits consideration of unique conditions, flexibility and creativity. b. Upon approval of a MSP in accordance with Section 19-6-230, all signage within the limits of the PD District shall comply with the established design standards. c Notwithstanding Section 19-1-150(2)(b), any MSP in conflict with this Article 6 is superseded by this Article 6 to the extent of the conflict. Sec. 19-6-320. - Permanent signs. FIGURE 6.1 Permanent Sign Types Pole Sign canopy sign Awning Wall Marquee Sign Sign Sign Monument Sign Projecting Sign SIGN TYPES:Permanent (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. Signs may be illuminated by external or internal means, unless as otherwise specifically provided in this Section, subject to the following standards: a. The brightness and intensity shall not be greater than necessary to meet reasonable needs of the business or use served; b. Light sources shall be shielded, shaded or hooded to direct the light inward and downward onto the sign and away from all adjacent buildings and streets; c. The lighting shall not create excessive glare to pedestrians and/or motorists, and will not obstruct traffic control or any other public informational signs; d. Electrical supply to illuminated freestanding pole or monument signs shall be underground; and e. An electrical permit may be required per the electrical code for signs that are illuminated. (3) Off-premise signs. Off-premise signs require Board of Trustees approval under Section 19-1-210 and Table 1.1. An off-premise sign may be permitted on private property if the street frontage of the property to which it pertains is not on U.S. 40. A sign permit for an off-premise sign shall be approved if it is in compliance with the following criteria: a. The off-premise sign would not harm the public and would not impair the purpose and intent of this Article; b. The property to which the sign pertains is in an obscure location and not directly visible from U.S. 40, such that the off-premise sign is necessary to direct the public to the subject property; c. The property to which the sign pertains is located in the Town; d. The off-premise sign is counted against the sign allowance of the parcel on which it is displayed and is counted against the sign allowance of the property to which it pertains; e. The written consent of the off-premise property owner is obtained; f. The off-premise sign is limited to one (1) sign not to exceed twenty (20) square feet; and g. The off-premise sign would be subject to all other sign requirements of this Article. (1) Sign allowance in residential e•••_ _ _ _ _, e• _ _• _ e: •••• :e _ __ __ _ _ lg district. (5) Sign allowance in non-residential and mixed use zoning districts. The aggregate area of all permanent signs displayed on a site in a non-residential zoning district shall not exceed the total allowed sign area established by this Section. a. The total square footage of allowable sign area for any building shall be limited to one (1) square foot of sign area for each lineal foot of building frontage, provided that no more than seventy-five percent (75%) of the total allowable signage per building front may be used by any one (1) sign. b. In those instances where a building has two (2) building frontages, the applicant shall choose one (1) building frontage to calculate the allowable square footage. c. Property with a building frontage of less than fifty (50) safe linear feet shall be allowed a maximum sign area of fifty (50) square feet. d. Vacant property without a building frontage may be permitted to display two (2) signs, with the aggregate area of both signs not to exceed sixty-four (64) square feet. (b) Electronic message centers. -,'e'ha (1) Location. Up to fifty percent (50%) of the allowed sign area of a 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. Nonconforming signs shall not be eligible for conversion to an electronic message center. An electronic message center may also be used as a window sign, subject to window coverage limitations in Section 19-6-250. (2) 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. (3) 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. (4) Transition duration. The transition duration between messages shall not exceed one (1) second. (5) Message hold time.The message hold time shall be a minimum of twenty(20)seconds. (c) Awning signs. FIGURE 6.3 Awning Sign Detail 0 54V1 of sign area per linear tt of awning t32 sft 14 swage awning = q of Shall not extend paraparaeet�in e r or pin i maua 8 minimum proleCon height � 11 �f (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 eight(8)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 or parapet line of any building. (3) Lighting. Awnings may be internally illuminated only. (d) Canopy signs. 0.5teq.tl c rt.,area per linear 0 of canopy gaaq/arerkve 32�a„r.grno, No highs'parman tool or apet Ilne J —2 minmum -,a. iron curb ;04s '111 minmum Pert In petleatnan way py gyy� ml,..•14'for==Tar dearance (1) Location. Signs may be placed on canopies that front a street, parking lot or pedestrian way, or that are located in a driveway. 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 eight (8) 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 or parapet 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. (e) Marquee signs. FIGURE 6.5 Marquee Sign Detail 40 sq tt maximum area per sign lace Shall not extend above roof line or parapet 8'minimum height I I o' I 7 m mut c from cuibe (1) Location. A marquee sign may be placed on a ground floor facade 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 eight (8) 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. FIGURE 6.6 Monument Sign Detail Maximum 32 mg ft for IV area 8 maximum heght =a (Resdemial Districts) Massa 12 maximum negMessage 9 (Nan-Residential Drstncts) (1) Location. Monument signs shall be located on a street frontage. The location of a monument sign shall not obstruct traffic safety sight distance areas. (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) Pole signs. FIGURE 6.7 Pole Sign Detail r 32sq.n area mawmum 20'n Miro b (1) Location. No portion of any pole sign shall encroach or project into the public right-of- way. (2) Quantity, area and height. A pole sign shall comply with the quantity, area and height requirements established in Section 19-6-310. (3) Lighting. Pole signs may be internally illuminated only. (h) Projecting signs. FIGURE 6.8 Projecting Sign Detail No higher than wall s _ v o sax 6' maxi mpm projection 8minimum 1, om cu clear hnce (1) Location. Projecting signs shall be placed on a ground floor facade, 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 eight (8) 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 six (6)feet from the face of a supporting building, and be no closer than two (2) feet to a curb line. Minimum spacing between projecting signs on multi-tenant buildings shall be twenty (20) feet. (3) Lighting. Projecting signs shall not be illuminated. (i) Wall signs. FIGURE 6.9 Wall Sign Detail 100 sq ft max sign area (Non-Residential Distnct) — — — , No higher than eave or parapet line (1) Location. A wall sign shall not: a. Obstruct any portion of a window, doorway or other architectural detail; b. Extend above the top of the building wall upon which it is mounted; or c. Project from the building wall more than required for construction purposes and in no case more than twelve (12) inches. (2) Quantity, area and height. A wall sign shall comply with the quantity, area and height requirements established in Section 19-6-310. Multiple wall signs are permitted as long as the total sign area does not exceed the allowance established in (a)(5) above. The wall sign or signs shall not be greater than eighty percent (80%) of the length of the tenant space or the length of the building frontage for single-tenant buildings. This is to assure that the sign of one (1) tenant is not so close to the sign of an adjacent tenant that the two (2) signs would run into each other. No wall sign shall extend above the eave or parapet line of any building. (3) Lighting. Wall signs in nonresidential and mixed use districts may be internally or externally illuminated. Sec. 19-6-330. - Temporary signs. FIGURE 6.10 Temporary Sign Types Banner Sign Feather Banner SignAirhatable gn SIGN TYPES:Temporary arwwien Board gn (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. FIGURE 6.11 Banner Sign Detail Max 50 Sq ft of sign area per street frontage No higher Inan root or parapet he �1 r) Message ■ I 4 5C rp'I max nnirr 12' IINAMt111 height (1) Location. a. Banners shall not be placed to obstruct any portion of a window, doorway or other architectural detail. Feather banners shall not obstruct any vehicle or pedestrian movement. b. Banners may be installeC 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) Quantity, area and height. Banners shall comply with the quantity, area and height requirements established in Section 19-6-310. a. A maximum of two (2) banners with a combined total area of not more than fifty (50) square feet may be displayed. A building on a corner lot with two (2) street frontages may be permitted to display up to fifty(50)square feet of banners per street frontage. b. Banners installed on utility poles in accordance with Subsection (1)b. above shall not exceed twenty-four (24) inches in width and forty-eight (48) inches in height. (c) Sandwich board signs. FIGURE 6.12 Sandwich Board Sign Detail Location adjacent to building t s sa tt maxi�mum� a hfgh maximum 4 'minimum maximum clearance (1) Location. Placement of a sandwich board 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. The location of the sandwich board sign shall not interfere with snow removal. Sandwich board signs shall be removed each day at close of business. (2) Quantity, area and height. A sandwich board sign shall comply with the quantity, area and height requirements established in Section 19-6-310. (d) Site signs. FIGURE 6.13 Site Sign Detail dap F,Miansn Arnpesd.n a 7[wn Nurtu—Arkl -,.0er.vft Pam p�rc ` P Nranmur Hret (1) Location. 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. Site signs shall be setback a minimum of five (5) feet from any property line. (2) Quantity, area and height. A site sign shall comply with the quantity, area and height requirements established in Section 19-6-310. FIGURE 6.14 (saved for future use) (e) Yard Signs FIGURE 6.15 Yard Sign Detail 8 sq.ft. maximum area 4496 high maximum r (1) Quantity, area and height. A yard sign shall comply with the quantity, area and height requirements established in Section 19-6-310. Sec. 16-6-340. - Sign measurement. (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 as the measurement of one (1) of the two (2)faces. (b) For a sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, t'ie area and dimensions shall include the entire portion within such background or frame. (c) For a sign comprised of individual letters, figures or elements on a wall of a building or surface of a structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.) or a combination of regular geometric shapes, which form or approximate the perimeter of all elements in the display, the frame and any applied background that is not part of the architecture of the building or structure. When separate elements are organized to form a single sign but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. FIGURE 6.16 Sign Measurement Detail r- • (d) For a freestanding pole or monument sign, the sign area shall include the frame, if any, but shall not include: (1) The pole(s)or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display device, or part of a display device. (2) Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building or structural forms complementing the site in general. (e) The area of a freestanding pole or monument sign shall be measured as follows if the sign is composed of more than one (1) individual cabinet or includes a rider: (1) The area around and enclosing the perimeter of each cabinet or rider shall be summed and then totaled to determine total area. (2) If the sign is composed of more than two (2) sign cabinets or riders, the area enclosing the entire perimeter of all cabinets and/or riders within a single, continuous geometric figure shall be the area of the sign. (f) Sign height shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. The exception being that where a freestanding pole or monument sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the freestanding pole or monument sign or sign structure, then the freestanding pole or monument sign or structure's height will be measured from the roadway grade level to the highest point of the freestanding pole or monument sign or sign structure. FIGURE 6.17 Sign Height Detail Il']FSoge Sign Height Message .M Gra.e (g) Clearance for awning, canopy, marquee, pole and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework. Division 4 - Design, Installation and Maintenance Sec. 19-6-410. - Sign design Nonresidential and Mixed Use Districts. (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 pole and monument signs shall integrate tenant signs into a single sign structure. (d) Wayfinding and 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. Sec. 19-6-420. - Sign installation. (a) 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 in nonresidential and mixed use districts, with the exception of decorative panels. (b) All permanent signs and all components thereof, including sign structures and sign faces, shall be installed in compliance with the adopted building and electrical codes of the Town. (1) No sign or sign structure shall be installed that impedes pedestrian or vehicular movement, or be erected in such a location as to cause visual obstruction or interference with motor vehicle traffic or traffic-control devices, or obstruct clear vision in any direction from any street intersection or driveway. (2) No sign or sign structure shall be installed that obstructs access to or impedes operation of any fire escape, downspout:, window, door, stairway, ladder or opening intended to provide light, air, ingress or egress for any building or structure as may be required by law. a. If possible, signs should not be placed in locations that obscure architectural features such as pilasters, arches, windows, cornices, etc. (3) No sign or sign structure shall be installed which is structurally unsafe. a. All permanent freestanding pole signs shall have self-supporting structures erected on, or permanently attached to, concrete foundations. (4) 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. a. 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. Sec. 19-6-430. - Sign alteration. (a) 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. (1) 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. (b) 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. Sec. 19-6-440. - Sign maintenance. (a) 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 maintained in good repair at all times and shall not constitute a hazard to safety, health or public welfare by reason of inadequate maintenance or deterioration. 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) The owner of any sign regulated by this Article shall be required to keep signs and supporting hardware structurally safe, clean, free of visible defects, including graffiti, and functioning properly at all times. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. Repairs to signs shall be equal to or better in quality of materials and design than the original sign. (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. Sec. 19-6-450. - Sign removal. (a) Anyone who violates any of the sign regulations provided in this Article shall be subject to the same penalties as provided in Article 1 of this Chapter. (b) The Town may inspect any sign governed by this Article and shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. All associated costs shall be the responsibility of the property owner or permit holder. (c) The Town may cause the removal of any sign within the public right-of-way, on property that is otherwise abandoned, or that has been erected or placed without first complying with the requirements of this Article. (d) Signs removed in compliance with this Article shall be stored by the Town for thirty (30) days, during which time they may be recovered by the permit holder and/or owner upon payment to the Town for costs of removal and storage. If not recovered within the thirty-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the Town. The costs of removal and storage, up to thirty (30) days, may be billed to the owner. Division 5 - Definitions Sec. 19-6-510. - Words and terms. The following words and phrases shall have the following meanings: Alteration means change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration. Animated means the use of movement or change of lighting to depict action or to create a special effect or scene. Awning sign means a sign permanently affixed to a sheet of canvas or other material stretched on a frame and used to keep the sun or rain off a storefront, window, doorway, or deck. Banner sign means a professionally produced temporary sign having characters, letters, illustrations or ornamentaticns applied to flexible material (e.g., vinyl, plastic, canvas, cloth, fabric or other lightweight non-rigid material) with only such material for a backing, which projects from, hangs from or is affixed to a building or structure. Banners include pennants, cable-hung banners and freestanding feather banners. Building frontage means the horizontal, linear dimension of that side of a building which abuts a street, parking area or other circulation area open to the general public. Where more than one (1) use occupies a building, each such use having a public entrance shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use. I n the case of a corner lot, the building frontage may be either of the street frontages, but not both, at the option of the property owner or lessee. Canopy sign means a sign permanently affixed to a roofed shelter covering a sidewalk, driveway or other similar area which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground. Copy means the wording, symbols, figures or images on a sign. Decorative panel means a design element of a building, typically flat and rectangular, that is attached to the surface of an outside wall on a non-residential or mixed use structure. If constructed of plywood, must be sealed, primed and painted. Decorative painting means graphic illustration applied directly to a wall of a non- residential or mixed use building. Directional sign means any sign that is designed and erected for the purpose of providing direction and/or orientation for 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. Electronic message center sign means a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. Flashing means a pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully non-illuminated for the purpose of drawing attention to the sign. Freestanding sign means any sign supported by structures or supports that are placed on or anchored in the ground and are not attached to any building or structure. Illuminated means an artificial source of light is used in order to make readable a sign's message, and is inclusive of signs that are lighted internally or externally, or are reflectorized, glowing or radiating. Incidental sign means a small sign affixed to a building or structure, machine, equipment, fence, gate, wall, gasoline pump, public telephone, or utility cabinet. Inflatable sign means a balloon, blimp or other inflated object used for attracting attention. Logo means an emblem, letter, character, picture, trademark or symbol used to represent any firm, organization, entity or product. Maintenance means, for the purposes of this Article, the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign. Marquee sign means any sign made a part of a marquee and designed to have changeable copy. Master Sign Plan (MSP) means a coordinated program of signs in all zoning districts, including exempt and temporary signs for a Planned Development District (PDD) larger than one hundred (100) acres. The sign program shall include, but not be limited to, indications of the locations, dimensions, colors, letter styles and sign types of all signs to be installed on the PDD. Message hold time means the time interval a static message must remain on the display before transitioning to another message. Monument sign means a permanent freestanding sign supported by, or integrated into, a base or pedestal at least seventy-five percent (75%) of the sign width. Nonconforming sign means a sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this Article. Off-premise sign means any sign used for promoting an interest other than that of a business, individual, product or service available on the premises where the sign is located. Permanent sign means any sign constructed of durable materials and affixed, lettered, attached to or placed upon a fixed, non-movable, non-portable supporting structure. Pole sign means a permanent freestanding sign supported by one (1) or more poles or pylons. Portable sign means a sign mounted on a moveable trailer or wheeled carrier. Projecting sign means a sign which is attached perpendicular to the wall of a building or structure. Roof sign means any sign erected upon a roof, parapet or roof-mounted equipment structure or extending above a roof, parapet or roof-mounted equipment structure of a building or structure. Sandwich board sign means a sign with two (2) faces attached at the top and open at the bottom so that the structure forms a wedge and is self-supporting. Sign means any written copy, display, illustration, insignia or illumination used--te communicate a message or idea which is displayed or placed in view of the general public, and shall include every detached sign and every sign attached to or forming a component part of any marquee, canopy, awning, pole, vehicle or other object, whether stationary or movable. Sign shall not include anything painted on or affixed in any manner to all or any part of the walls of any residential building or garage. Sign face means an exterior display surface of a sign including nonstructural trim, yet exclusive of the supporting sign structure. Sign structure means any structure designed for the support of a sign. Site sign means a temporary freestanding sign constructed of vinyl, plastic, wood or metal and designed or intended to be displayed for a limited period of time on a vacant lot or a lot under construction. Swing sign means a temporary freestanding sign that is suspended from a horizontal ----• - e e e - - -- - - - -- -- ---- --e.- . in the ground. A swing - - - -- -• --- - - -- - -.•-•:- , - - - n as a rider. Temporary sign means any sign based upon its 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 or designed to be displayed for a limited period of time in a nonresidential district subject to standards in Section 19-6-330. Traffic control sign means a sign erected in a public right-of way by an authorized governmental agency for the purposes of traffic regulation and safety. Transition duration means the time interval it takes the display to change from one (1) complete static message to another complete static message. Transition method means a visual effect applied to a message to transition from one (1) message to the next. Transition methods include: a. Dissolve - a frame effect accomplished by varying the light intensity or pattern, where the first frame gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second frame. b. Fade - a frame effect accomplished by varying the light intensity, where the first frame gradually reduces intensity to the point of not being legible (i.e., fading to black) and the subsequent frame gradually increases intensity to the point of legibility. Wall sign means any sign painted on or affixed to the wall of a building or structure, or any sign consisting of cut-out letters or devices affixed to a wall with no background defined on the wall in such a manner that the wall forms the background surface of the sign. Window sign means any sign which is applied or attached to either the interior or exterior of a window and intended to be viewed from outside the building or structure. ••=. - ..- : . painting, graphic or other type of art that does not Yard sign means a 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. A yard sign maybe free standing or attached to a fence. Section 19-1-180(f) Enforcement. (f) Every person convicted of a violation of any provision of this chapter shall be punished as set forth in Section 1-4-10 of this Code, provided, however, that any violation of any part or section of article 6 of this chapter (signs) shall be an infraction, punishable only by a fine, and not to include the imposition of any form of imprisonment. Part 2: Severability. If any section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have adopted this Ordinance and each part or parts hereof irrespective if any one part or parts hereof be unconstitutional or invalid. Part 3 Repeal of inconsistent ordinances. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. Part 4 Effective Date. his Ordinance shall take effect thirty (30) days after passage, adoption and publication by title only, as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 18th DAY OF SEPTEMBER, 2019. Votes in favor: 6 BOARD OF TRUSTEES OF THE Votes opposed: © TOWN OF SE , COLOR OO , Votes abstained: 0 BY: /, Philip Vandernail, Mayor •<OS �NOFF� \ -A ATTEST: (S : ' LEAL 7)"4• \-CltiZOI\CikkiL" cOCORA00 Antoinette McVeigh, Town Clerk Published in the Middle Park Times on September 26, 2019.