HomeMy Public PortalAboutOrdinance 392TOWN OF FRASER
ORDINANCE NO. 392
Series 2012
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE TOWN OF
FRASER, INCLUDING REGULATIONS RELATING TO THE BUSINESS DISTRICT
AND SIGNS AND OUTDOOR ADVERTISING DEVICES, AND MAKING
CONFORMING AMENDMENTS TO THE CODE OF THE TOWN OF FRASER
WHEREAS, pursuant to Colorado Revised Statutes, Title 31, Article 23, Part 3, the
Board of Trustees of the Town of Fraser is authorized to adopt and amend zoning
regulations applicable within the Town; and
WHEREAS, the following amendments to the Fraser zoning regulations were duly
referred to the Fraser Planning Commission which favorably recommended the
amendments to the Board of Trustees; and
WHEREAS, a public hearing on such amendments was held by the Board of
Trustees of the Town of Fraser, Colorado, pursuant to notice of said public hearing
properly published as required by the Code of the Town of Fraser and Section 31 -23-
304, Colorado Revised Statutes, as amended; and
WHEREAS, the Board of Trustees finds and determines that the proposed
amendments are in the best interests of the public health, safety and general welfare of
the citizens, residents and taxpayers of the Town of Fraser; and that all applicable
requirements of the Code of the Town of Fraser and state statutes have been met with
respect to the adoption of said amendments.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO, THAT:
PART 1: ADOPTION OF AMENDED ZONING REGULATIONS AND AMENDMENT OF
TOWN CODE.
1.1 Chapter 16, Article 4 of the Code of the Town of Fraser, Colorado (herein
sometimes referred to as the "Town Code entitled Business District, is hereby amended
in its entirety by the adoption of the amended regulations set forth in Exhibit "A" attached
hereto and incorporated herein by this reference.
1.2 Chapter 16, Article 10 of the Code of the Town of Fraser, Colorado, entitled
Signs and Outdoor Advertising Devices, is hereby amended in its entirety by the adoption of
the amended regulations set forth in Exhibit "B" attached hereto and incorporated herein by
this reference.
1.3 Section 16 -1 -40 of the Town Code, entitled "Definitions is hereby amended as
follows:
(a) The definitions of Absolute policy, Classification and Relative policy are
hereby deleted in their entirety.
(b) The definition of Major proposals is amended to read as follows:
Major proposal means any development within the Business zone
which includes any of the following activities or elements:
a. Residential uses which include four three (3) units or more.
b. Lodging and hotel uses.
c. Bed and breakfasts and boarding houses.
d. New commercial, office and industrial structures.
e. Recreational Vehicle (RV) parks, including the dumping of waste
holding tanks from recreational vehicles and buses.
(c) The definition of Minor proposals is amended to read as follows:
Minor proposal means any development within the Business zone
which includes any of the following activities or elements:
a. Modifications to existing Development Permits.
b. Changes in use.
c. Single- family and duplex residential structures.
d. Additions to single family and duplex
g. Additions to commercial, office or industrial structures.
f. Site work, landscaping, grading and utility installations.
(d) The definition of Sign is amended to read as follows:
Sign means any name, figure, character, outline, display,
announcement, or device, or structure supporting the same, or any other
device of similar nature designed to attract attention outdoors, and shall
include all parts, portions, units, and materials composing the same, together
with the frame, background, and supports or anchoring thereof. A sign shall
not include any architectural or landscape features that may also attract
attention.
(e) A new definition is added, to read as follows:
Temporary and /or Seasonal proposals, uses and events (including
mobile vending units, transient merchants and special events) means any
development within the Business Zone which is permitted for not more than a
six (6) month period in any calendar year subject to the requirements
specified in Section 16 -4 -40.
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1.4 Section 16 -1 -50 of the Town Code, entitled "Planning Commission is hereby
amended by amending subsection (c) thereof to read as follows:
(c) The Planning Commission and /or Town staff shall also have the authority
to issue development permits as set forth in Article 4 of this Chapter.
PART 2: PENALTY CLAUSES. The following section of the Code of the Town of
Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance,
and such section is herewith set forth in full and hereby enacted:
Sec. 1 -4 -10. General penalty for violation.
It shall be unlawful for any person to violate, disobey, omit, neglect, refuse
or fail to comply with or resist the enforcement of any provision of this Code; and
where no specific penalty is provided therefor, the violation of any provision of this
Code shall be punished by a fine not exceeding one thousand dollars
($1,000.00), by imprisonment for a term not exceeding one (1) year, or by both
such fine and imprisonment. Each day such violation continues shall be
considered a separate offense
PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of
Fraser covering the same matters as embraced in this Ordinance are hereby repealed and
all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are
hereby repealed; provided, however, that such repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or committed in violation of any
ordinance hereby repealed prior to the taking effect of this Ordinance.
PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this Ordinance. The Town
of Fraser hereby declares that it would have adopted this Ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases thereof be declared invalid or
unconstitutional.
PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after
passage, adoption and publication thereof as provided by law. This Ordinance shall be
published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS ;_t DAY OF t. 2012.
Votes in favor: S BOARD OF TRUSTEES OF THE
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Votes opposed: 1
Votes abstained: 0
(SEAL)
TOWN OF FRASER, COLORADO
BY:
Fran Cook, Mayor
ATTEST:
Oft-
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Lu Town Clef
Published in the Middle Park Times on
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Section 16 -4 -30. Conditions.
ARTICLE 4
Business District
Division 1
General Provisions
Section 16 -4 -10. Development Permits Required.
Enhancing the physical appearance and improving the economic viability of the Business District
and all mixed use, accommodation, lodging and commercial zoned planning areas in all Planned
Development (PD) Districts are critical to the community. It shall be unlawful for any person to
undertake, conduct or use, or cause to be undertaken, conducted or used, any development within
the Business District or within any mixed use, accommodation, lodging and commercial zoned
planning areas in all PD Districts without complying with the provisions of these regulations and
obtaining a Development Permit. The review process begins with the recognition that the
proposed use or construction is allowed in the zoning districts, and focuses on issues related to
site layout and design in order to arrive at the best utilization of the subject site and compatibility
of design with surrounding properties.
Section 16 -4 -20. Relationship to Other Provisions of this Code.
A Development Permit issued pursuant to these regulations does not release the applicant from
compliance with the provisions of the building, fire, electrical, solar, mechanical, plumbing, energy,
and sign codes, minimum design criteria and construction standards or any other ordinances and
regulations adopted by the Town and amended from time to time.
The Town may place conditions upon issuance of a Development Permit which it deems necessary
and proper to ensure that the development proposal will be implemented in the manner indicated
in the application. Said conditions shall be listed on the Development Permit. Conditions may
include, but not be limited to, the following:
(1) Use. The condition may restrict the future use of the proposed development to
that indicated in the application.
(2) Homeowners' Association. The conditions may require that, if a homeowners'
association or merchants' association is necessary or desirable to hold and maintain common
property, it be created prior to the issuance of a permit.
(3) Dedications. The conditions may require conveyances of title or easements to the
Town, or public utilities for purposes related to the community's public health, safety and welfare,
which may include land and /or easements for utilities, roads, snow storage or other similar public
uses. Conditions may require construction to public standards and dedication of those public
facilities necessary to serve the development and the public.
(4) Construction Guarantees. The conditions may require the depositing of certified funds
with the Town, the establishment of an escrow fund, the depositing of an irrevocable letter of
credit, the posting of a bond or other surety or collateral (which may provide for partial
releases), to ensure that all construction features included in the application or required by the terms
of the Development Permit are provided as represented and approved. The Town may also
require a monetary guarantee ensuring that the site will be revegetated to its original condition if
the project is abandoned after construction has commenced. The surety or collateral shall be in
a form approved by the Town Board.
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(5) Indemnification and Covenants. The conditions may require the recording of
covenants and /or deed restrictions on the subject property, or the indemnification of the
Town in certain instances.
(6) Public Improvements. The conditions may require the installation of public improvements
or participation in a special assessment district for the installation of public improvements within,
adjacent to or contributing to the project.
(7) Additional and /or Revised Plans. The conditions may require that additional plans or
engineered revisions to utility, drainage or site plans be submitted to the Town and approved prior
to issuance of a building permit.
Division 2
Development Permits
Section 16 -4 -40. Permitted Uses and Classification of Temporary and /or Seasonal,
Minor and Major Development Permits.
Development proposals are classified as either temporary and /or seasonal, minor or major
depending upon their potential impact to the community.
1) Temporary and /or Seasonal proposals, uses and events (including mobile
vending units, transient merchants and special events) are permitted subject
to the following requirements:
a. Temporary and /or Seasonal uses shall not be allowed on or within a lot,
shopping center, professional center or business park for more than six
(6) months in any calendar year.
b. Proof of ownership of property or written consent from the property
owner is required. If the temporary and /or seasonal use is located
partially or entirely on Town property or public rights -of -way, Town Board
approval is required.
c. The owner or operator shall have applied for and obtained a Fraser
Special Events Vendor License.
d. Certificate of liability insurance from the applicant, naming the Town as
additional insured in the event public lands or rights -of -way will be used
is required. Such insurance shall be provided in an amount and form
approved by the Town.
e. All temporary and /or seasonal uses involving the handling of foods are
subject to compliance with the regulations of the Colorado Department of
Health.
f. Adequate temporary parking facilities, circulation, ingress and egress
shall be provided. Town staff may require parking areas to be surfaced
with a minimum of two inches of crushed rock, or other surface(s).
g. Provision for trash /recycling disposal.
h. Provision for signage in accordance with the applicable sign code.
i. Compliance with all local, state and federal regulations.
j. Compliance with all requirements of the Public Works Director and Police
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Chief.
k. Town staff may regulate operating hours and days.
I. Town staff may regulate screening from adjoining public rights -of -way by
temporary walls, fences and /or landscaping.
m. Town staff may apply conditions to regulate nuisance factors including
prevention of glare or direct illumination on adjoining parcels, dirt, dust,
gases, heat, noise, odors, smoke, waste and vibration.
n. The subject site shall be restored to its original condition within fourteen
(14) days from the date of termination of the permit. A letter of credit or
other approved surety may be required to ensure that any temporary
facilities or structures used will be removed from the site within a
reasonable time following the event, the property will be cleaned of
debris, litter, and the site restored to its original condition.
2) The following temporary and /or seasonal uses and events are not
subject to these requirements:
a. Garage and or yard sales.
(3) The following minor proposals are permitted subject to obtaining a Development
Permit:
a. Modifications to existing Development Permits.
b. Changes of use.
c. Single- family and duplex residential structures.
d. Additions to single family and duplex residential structures.
e. Additions to commercial, office or industrial structures.
f. Site work, landscaping, grading and utility installations.
(4) The following major proposals are permitted subject to obtaining a Development
Permit:
a. Residential uses which include three (3) units or more.
b. Lodging and hotel uses.
c. Bed and breakfasts and boarding houses.
d. New commercial, office and industrial structures.
e. Recreational Vehicle (RV) parks, including the dumping of
waste holding tanks from recreational vehicles and buses.
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Section 16 -4 -50. Prohibited Uses.
(a) It is the policy of the Town to prohibit uses within the Business District and within any
mixed use, accommodation, lodging and commercial zoned planning areas in all PD Districts
that, due to the nature of their operation, have been determined to be incompatible with existing uses in
the Districts. Uses prohibited are the following:
(1) Mineral extraction and processing operations.
(2) Salvage yards of any variety.
(3) Rendering plants and operations.
(4) Livestock operations, excluding small horse or cattle boarding lots, or pastures
currently located within the Town.
(5) Chemical manufacturing or storage.
(6) Hazardous waste operations.
Sec 16 -4 -60 Staff and /or Planning Commission review and action.
All Temporary and /or Seasonal and Minor Development Permit proposals shall be reviewed by
Town staff at an administrative level. All Major Proposals shall be reviewed at least one (1) time by
the Planning Commission before final approval is granted.
Sec. 16 -4 -70. Development Permit Process.
Work session. Prior to submittal of any application for a Development Permit, the
applicant shall meet with Town staff in order to acquaint the Town with the
applicant's intentions and to acquaint the applicant with the requirements of the
Town. Discussing a proposal with Town staff is critical to a successful project
and to expedite the review process.
Application. The applicant shall submit an application and specified fee to the Town for review and
consideration. In the case of a Major Proposal, such application shall be submitted at least thirty
(30) days prior to the Planning Commission hearing. The fee schedule is contained in Appendix A
to this Code. Applications not drawn to scale, incomplete or submitted after the appropriate
deadlines will cause delays in the review process. Copies of all submitted materials shall be in a
format and quantity as specified by Town staff. See Division 3, Section 16 -4 -130 through Section
16 -4 -310 for Development Standards.
(a) All applications for a Development Permit shall include the following:
(1) Site plan, preferred scale of 1" 20', indicating the general site design of the proposal,
including all existing and proposed improvements and building footprints. The site plan shall
provide adequate details to evaluate the traffic circulation, parking, snow storage, building
footprints, fences, loading points, refuse container locations, public rights -of -way and all existing
and proposed easements.
(2) Building elevations, preferred scale of '/4" 1', of the proposed structures, showing:
existing ground surfaces, top of foundation, floor elevations, roof line and any rooftop mechanical
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units proposed.
(3) Building floor plan, preferred scale of 1/4" =1'.
(4) Drainage plan, (preferred scale of 1" 20', optional scale of 1" 50') shall include the
following: existing and proposed improvements, existing and proposed contours, existing and
proposed easements, snow storage areas, utility lines, spot elevations and flow direction arrows,
as needed to clearly portray the proposed drainage layout and detail, and any drainage
facilities needed to mitigate the anticipated impacts. If swales are proposed, include a cross
section detail of the proposed swale with dimensions. Silt fences, sediment traps, catch basins
and /or detention ponds may be required at the discretion of the Town. The drainage plan
shall also indicate temporary and permanent methods to be used to stabilize and prevent the
erosion of soils. Revisions to a submitted drainage plan may be required at the discretion of the
Town.
(5) Grading plan with existing and proposed topography.
(6) Utility plan, preferred scale of 1/4" 1', including off -site connections.
(7) Landscaping plan, preferred scale of 1" 20', including: property lines, existing and
proposed structures, existing natural features, location, species, quantity and size of landscape
materials to be planted and method of irrigation.
(8) Proof of ownership.
(9) An exterior materials package including roof material and color, wall material and
color, etc.
The applicant may also submit any supplemental materials that he or she feels will accurately depict
the proposed project. Additional materials may also be required at the discretion of the Town.
Section 16 -4 -80. Proiect Review and Compliance.
Town staff shall determine whether the application submitted is complete. If the application is
complete, a Planning Commission hearing shall be scheduled for Major Proposals. For Minor
Proposals, or Temporary and /or Seasonal uses and events, Town staff shall render a decision, either
approving the proposal, with or without conditions, or denying the proposal, within sixty (60) days after
a complete application is received. If the application is not complete, the applicant shall be advised of
the deficiencies. If Town staff denies an application or imposes conditions on the issuance of the
permit, the applicant may appeal such decision to the Planning Commission, which shall conduct
a hearing to review the application, as provided in Section 16 -4 -100, within sixty (60) days after
receipt of written notice of the appeal. The decision by the Planning Commission shall be final.
Section 16 -4 -90. Hearing Maior Proposals.
Not more than sixty (60) days after a complete application for a Major Proposal has been submitted,
the Planning Commission shall hold a hearing and review the application for compliance with these
regulations.
Section 16 -4 -100. Decision.
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(a) The Planning Commission shall have thirty (30) days after the conclusion of the hearing to
make a decision.
(b) The Planning Commission may continue a hearing to allow a more comprehensive review
of the project for a period not to exceed thirty (30) days.
(c) The Planning Commission may approve the application, with or without conditions, or it may
deny the application if it fails to comply with these regulations or the applicant does not agree to
comply with the specified conditions.
(d) If the original application is denied by the Planning Commission, the Town shall allow the
applicant to modify the plan and return for an additional hearing. If, after a second hearing, the
application still does not comply with these regulations or the applicant does not agree to comply
with the conditions specified by the Planning Commission, then the application shall again be
denied. No project previously denied shall be resubmitted within six (6) months of denial unless it has
been modified to meet the requirements of these regulations.
(f) Once a project is approved, any changes must be reviewed by Town staff, and may
require Planning Commission approval.
Section 16 -4 -110. Development Permit Issuance and Duration.
Once the decision of the Town has been finalized, the Town shall transmit the final decision to
the applicant and, if the application is approved, shall issue a Development Permit with or without
conditions. The Development Permit will not be valid until the applicant has signed it indicating his or
her agreement with any and all conditions, and returned it to the Town. Applicants shall have three
(3) years from the date of approval of a Development Permit to acquire all necessary additional
permits and begin construction or use of the property in accordance with the provisions of the
Development Permit. Failure to obtain a building permit (where required) or use the property in
the manner authorized by the Development Permit within three (3) years of issuance of the
permit shall operate as a waiver of any vested rights with respect to the development, and the
Development Permit shall be deemed to expire.
Section 16 -4 -120. Other Permits.
After Development Permit approval and prior to construction, the applicant shall be responsible
for obtaining all necessary permits and approvals. In addition, it shall be unlawful for anyone to
occupy a new development prior to the issuance of a certificate of occupancy, which will not be
issued until the conditions of the Development Permit have been met or adequately guaranteed
to the satisfaction of the Town.
Division 3
Development Standards
Section 16 -4 -130. Utility and Construction Standards
(a) All developments shall comply with the Minimum Design Criteria and Construction
Standards ("Standards as adopted by the Town of Fraser. Refer to Chapter 14 of the
Municipal Code.
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(b) Water. All developments shall be served by adequately sized and constructed water
systems.
(c) Sewer. All developments shall be served by adequately sized and constructed sewer
systems.
(d) Underground utilities. All utility lines, on -site and off -site, shall be placed underground.
Transformers or connection boxes may be located above ground and screened with planting
material.
Section 16 4 140. Circulation
Vehicular circulation. The type, arrangement, location and size of all roadways shall be in compliance
with the Standards. Where new developments abut a right -of -way that does not meet the existing
Town Standards, it shall be the responsibility of the developer to improve the public right -of -way in
compliance with Town Standards, including but not limited to the dedication of additional rights -of-
way and easements, paving of streets, installation of curbs, gutters, drainage, lighting, signage,
sidewalks, pedestrian pathways and bicycle pathways. When a change of use is proposed
contiguous to an existing street, street improvements may be required at the discretion of the
Town staff or Planning Commission.
Ingress and egress. Access into commercial projects shall be limited in order to reduce conflicts
between pedestrians and automobiles. The provision of two (2) vehicular access /egress points may
be required at the discretion of the Town staff or Planning Commission. Access onto the state
highway is controlled and permitted by the Colorado Department of Transportation (CDOT).
Pedestrian and bicycle circulation. Development and installation of pedestrian and bicycle pathways
are required. This will include the provision of sidewalks and pedestrian or bicycle trails adjacent
to the site necessary to tie into existing and proposed trail systems. Pedestrian and bicycle pathways
shall be in compliance with the Standards.
Section 16 4 150. Drainage
It shall be the responsibility of the applicant to provide drainage improvements. The applicant
shall provide engineered data sufficient to indicate that the drainage from the proposed
development will not adversely affect any downstream properties or the community as a whole,
and shall design and install all drainage improvements in compliance with the Standards.
Section 16 4 160. Water Quality
The applicant shall show evidence and plans to ensure that the proposed development will not
result in the degradation of any watercourse. This condition shall apply to both the proposed
construction activities and the ultimate use of the land. Items such as percolation pits, settling ponds,
infiltration galleries, sand traps, grassed waterways and the maintenance of these items shall be
addressed and resolved prior to issuance of a building permit. Direct discharge into any
watercourse is prohibited.
Section 16 4 170. Stream Setbacks
A minimum thirty- foot -wide strip of land measured horizontally from the mean identifiable high
water mark on each side of a watercourse shall be preserved for use as open space,
landscaping, etc. A greater setback of up to a total of one hundred fifty feet (150') may be
required at the discretion of the Planning Commission.
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Section 16 -4 -180. Erosion Control
Erosion control plans are required for all developments. All drainage from the site during
construction must go through an erosion control device.
Section 16 -4 -190. Floodplains
For any developments located within the one hundred -year (100) floodplain, a plan of on -site
flood prevention, control and hazard mitigation shall be prepared and implemented according
to the provisions of the Town.
Section 16 -4 -200. Geological Hazards
Developments proposed for suspected geological hazard areas should be designed or
reviewed by a qualified professional geologist, and all negative impacts should be mitigated.
Section 16 -4 -210. Height of Structures
It is the policy of the Town that no buildings within the Business District shall exceed forty -five
feet (45') in height.
Section 16 -4 -220. Placement of Structures
All residential structures shall have a minimum front yard of twenty feet (20'), a minimum side
yard of seven feet (7') and a minimum rear yard of ten feet (10').
Section 16 -4 -230. Parking
(1) Number of spaces. The number of parking spaces shall generally be provided as
required by Section 16 -8 -50 of this Chapter.
a. The Planning Commission may reduce the number of required spaces by up to twenty
percent (20 when parking is provided in common for more than one (1) business.
The utilization of joint parking facilities to minimize the proliferation of parking areas
is encouraged.
b. The Planning Commission may allow for on- street parking in the older sections of the
Business District (herein defined as the entire Business District adjacent to the US 40
Corridor from County Road 8 to County Road 804) in an effort to encourage infill and
redevelopment opportunities. A detailed parking plan shall accompany the Development
Permit application and the parking shall be allocated and located in proportion and in
relation to the proposed land use. The Town may consider such proposals on a case -by-
case basis.
(2) Size. For parking lots with less than ten (10) parking spaces, the parking spaces shall
be ten feet (10') by twenty feet (20'), except for handicapped spaces which shall be fourteen
feet (14') by twenty feet (20'). For parking lots with ten (10) or more parking spaces, eighty
percent (80 of the required spaces shall be ten feet (10') by twenty feet (20'), while the
remainder of the spaces may be reduced to nine feet (9') by eighteen feet (18').
(3) Drive Lanes. All entrance and parking lot drive lanes shall be a minimum of twenty
four feet (24') wide allowing for two -way traffic. Where angle parking and /or one way drive
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lanes are proposed, the Town may consider such proposals on a case -by -case basis.
(4) All parking lots and commercial storage and service areas shall be screened from
adjacent residential property by the use of landscaping, berming, fences or a combination of
landscaping and other structural features approved by the Planning Commission.
(5) Parking lot perimeter landscaping shall be required for parking Tots with ten (10) or
more parking spaces to minimize the visual impact of large paved surfaces. Pedestrian access
to sidewalks and buildings should be considered in the design of the landscaped areas and
islands. Parking areas adjoining a street shall provide a landscape buffer between the street
right -of -way and parking area. Screening materials may include a combination of plant
materials (trees, shrubs and ground cover), earth berms, walls or fences, raised planters or
other screening devices which meet the intent of this requirement. Parking lot perimeter
landscaping plant materials shall include one (1) tree and two (2) shrubs for every twenty feet
(20') of parking lot frontage. Trees and shrubs need not be planted in a linear, spaced manner,
but may be grouped together where appropriate.
(6) Parking lot interior landscaping shall be required for parking lots with twenty (20) or
more parking spaces to minimize the visual impact of large paved surfaces. The intent of the
landscaped islands is to provide a measure of aesthetics to the parking areas without seriously
inhibiting snow plowing and storage. One (1) tree and two (2) shrubs shall be provided for
every 10 parking spaces or fraction thereof.
(7) Paving. All parking areas and driveways shall be paved with either asphalt, concrete or
other acceptable hard surface material meeting Town Standards.
Section 164 -240. Exterior Lighting.
(1) General. The purpose of exterior lighting is to allow for outdoor illumination levels which are
appropriate for the visual task, safety and security while minimizing the undesirable effects of
excessive illumination such as glare, sky glow and light pollution. Exterior lighting shall be
minimized and shall be directed to subtly illuminate functional areas only, including all
pedestrian access routes and parking areas. Exterior lighting shall be designed, located,
placed and shielded to be architecturally and aesthetically in keeping with buildings and
surroundings, shall create minimum light pollution and shall not directly illuminate adjoining
property. In addition, a desirable byproduct of these regulations is the increased use of enery
efficient sources. If the Town deems necessary, a lighting or illumination engineer shall
review the proposed type of lighting. All costs associated with such review shall be paid by
the applicant.
(2) Specifications. Refer to Chapter 14 of the Municipal Code Minimum Desiqn Criteria
and Construction Standards for exterior lighting standards.
Section 16 -4 -250. Landscaping requirements and natural features.
(a) General. Because landscaping enhances aesthetic appeal and protects the area's
unique natural beauty and environment, it is hereby declared to be a benefit to the general
public. As such, landscaping shall be subject to regulation and ensured by a performance
guarantee.
(b) Preserve existing trees, shrubs and natural features. All developments shall be responsive
to site and natural conditions and minimize disturbance to land and existing vegetation. The
landscaping plan shall demonstrate that a reasonable effort has been made to preserve existing
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healthy trees, shrubs and topsoil. Watercourses, historic sites and similar irreplaceable assets shall
also be preserved in the design of the subdivision.
(c) Appropriate plant materials. Native and drought tolerant plant species and seed mixes
containing grasses and wildflowers are strongly encouraged, and noxious weeds and plants are
prohibited, per the Colorado Noxious Weed Act (Section 35 -5.5 -101, et seq., C.R.S.). The
utilization of the principals of Xeriscape landscaping is encouraged in order to conserve water
resources. Bluegrass and other grasses requiring high consumption of water are discouraged.
Ornamental nonliving materials, such as decorative rock, wood chips, mulch, brick and paving
stones, shall be permitted to be incorporated into a landscaping plan. Landscaping designs
should generally use a three tier concept utilizing hardy, low growing ground covers; medium
height shrubs and trees. The recommended Plant List for Fraser, Colorado is available upon
request. The Town Gardener shall review all landscaping plans.
(d) Revegetation of disturbed land. All areas disturbed by grading or construction, not being
formally landscaped, shall be mulched and revegetated with seeding mulch (straw- crimped in
place or hydromuch, etc).
(e) Guarantee. Performance guarantees shall include the success of all landscaping
improvements and revegetation for two (2) growing seasons after installation. Landscaping that
dies within the two -year period shall be replaced and shall be required to live for at least two (2)
years from the time it is replanted.
(f) Obstruction of signs and fire hydrants. Vegetation shall be placed so as not to block sight
distances from driveways, corners and intersecting streets. Fire hydrants shall not be obstructed by
landscaping.
(g) Wildfire defensible space. Creating a defensible space around a home and on property is an
important step to take in order to protect your home and property them from wildfire. Defensible space is
an area around a structure where fuels and vegetation are treated, cleared or reduced to slow the
spread of wildfire towards the structure. It also creates an area where fire suppression operations can
occur.
(h) Landscaping Plan. Refer to Chapter 14 of the Municipal Code Minimum Design Criteria
and Construction Standards for landscaping plan standards.
Section 16 -4 -260. Snow Management
(a) Snow management is critical in the Town's mountain climate. Roofs should be designed
to either hold snow or shed snow in appropriate areas. Buildings must be set back from the
property line to accommodate snow shedding, or a snow storage easement from the adjacent
property owner must be provided. Use of snow guards and protected entries in high risk areas
may be required.
(b) Adequate space shall be provided within the development for the storage of snow. It
is required that a functional snow storage area be provided which is equal to at least thirty -three
percent (33 of the area to be cleared of snow. Specific areas to be cleared shall include the
full dimensions of roadways, walkways and parking areas.
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(c) Snow storage areas shall be designed so that snow is not stored in a manner where,
when melting, it directly discharges into any watercourses, streets, pedestrian pathways and /or
bicycle pathways. Silt catch and /or detention basins may be required at the discretion of the
Town staff.
Section 16 -4 -270. Trash, Service and Storage Areas
All trash areas shall be easily accessible by trash collection vehicles and screened from public
view by either landscaping or a fence that is architecturally compatible with the development.
Unsightly mechanical and electrical equipment and all service and storage areas shall be
screened from public view.
Section 16 -4 -280. Site Design
The Town finds that it is in the public interest for all development sites to be designed and
developed in a safe, efficient and aesthetically pleasing manner. The arrangement of all functions,
uses and improvements should reflect the natural characteristics and limitations of the site and
adjacent property. Specific site design elements that should be considered include:
(1) Building orientation. Buildings should take advantage of a south facing orientation for
solar heat gain to the greatest extent possible. Buildings should be oriented parallel to
the primary street front. A skewed building orientation should be avoided.
(2) Pedestrian orientation and amenities.
a. The site should be laid out in a manner that reinforces the pedestrian orientation of the
neighborhood.
b. Benches and other pedestrian elements are encouraged.
(3) Natural features. It is necessary to preserve as much of the existing natural features
and vegetation on the site as possible. The proposed development shall minimize
the visual destruction of natural land forms caused by cutting, filling, grading or
vegetation removal.
Section 16 -4 -290. Design Guidelines
It is the policy of the Town to encourage building designs and materials to be architecturally
compatible with the historic, natural and mountain environment of the Town. To accomplish this
goal, new development should meet a majority of the following design guidelines:
(1) Building elements and materials.
a. Building facades should incorporate a variety of materials.
b. Porches with wooden posts, columns or functional awnings should be incorporated
into the building design. All porches and awnings should have an eight -foot minimum
clearance.
c. Building materials shall be compatible and in harmony with the natural setting of the
Town. The use of natural stone masonry, exposed wood structural beams, logs, heavy
timbers, stucco and masonry are all acceptable materials. The use of stone or masonry
as a foundation up to a height of at least thirty -six (36) inches is encouraged.
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d. The back of a building must have the same overall design as the front of a building.
(2) Mass. The mass of the building should be compatible to adjacent buildings. Long
uninterrupted exterior walls and /or roof lines should be avoided to break up the mass of the
building.
(3) Roof elements and design. Where pitched roofs are used, they shall be designed in a
manner that provides variation in roof lines to break up large expanses of roof, and to add
architectural interest to the roof.
(4) Colors. Color schemes for both the building and roof should be compatible and found
in the natural landscape such as earth -toned solids (browns, greens, greys, etc), bedrock
and woodland vegetative growth. High- contrast, bright colors may be approved at the
discretion of the Planning Commission.
(5) Windows. Display windows on the first floor should face the primary street frontage
and provide visual interest.
Section 16 -4 -300. Energy conservation
The implementation and operation of systems or devices which provide an effective means of
renewable energy are encouraged.
Section 16 -4 -310. Resident housing
It is the policy of the Town to encourage the construction of resident housing. The creation of
resident housing is critical to the health, safety and welfare of the community. In commercial or
office projects, it is encouraged that resident housing be provided on the second floor.
Division 4
Special Review Uses
Section 16 -4 -320. Special Review Uses Mechanical Wastewater Treatment
Facilities.
Mechanical wastewater treatment facilities are permitted within the Business District, only upon
special review and approval as provided in these regulations.
Section 16 -4 -330. Relationship to Business District regulations.
The requirements of Sections 16 -4 -320 through 16 -4 -390 generally govern the procedure
for application for uses permitted by special review within the Business District. All uses by
special review in the Business District shall be considered "major proposals." Issuance of a
permit for a Mechanical Wastewater Treatment Facility under these regulations, and in
compliance with all other applicable regulations of the Business District, shall constitute a
Development Permit under the Business District regulations.
Section 16 -4 -340. Application and Review Procedure.
Applications for uses permitted by special review shall be submitted and reviewed pursuant to
the following process:
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(1) Pre application conference.
a. Prior to the formal submittal of any request for approval of a use permitted by special
review in the Business District, an informal pre application conference shall be held between
the applicant and Town staff. This conference will serve to acquaint the applicant with the
requirements of the Business District and to allow the Town staff to become familiar with
the applicant's development intent and design philosophy.
b. A schematic site plan and building concept drawings will aid in discussion at this
conference; however, the applicant is encouraged not to prepare detailed designs which might
require extensive revision as a result of the pre application conference. The applicant should bring
the following information to the conference:
etc.
1. General project concept.
2. Specific uses proposed, including building size, location and parking.
3. Site plan concepts including landscaping, irrigation, grading, lighting and signs.
4. An exterior materials package including roof material and color, wall material and color,
5. Proposed construction time line.
(2) Review and decision.
a. Subsequent to the pre application conference, an application with the required materials
shall be filed with the Town. Only complete submittals will be accepted.
b. The application will be reviewed pursuant to the Business District Development Permit
process set forth in Section 16 -4 -70 of this Article. The application shall be considered a "major
proposal" within the meaning of Sections 16 -4 -40 of this Article; provided, however, that the
decision of the Planning Commission under Section 16 -4 -100 shall be in the form of a
recommendation to approve, approve with conditions or deny the application.
c. Subsequent to receipt of the Planning Commission's recommendation, the Board of
Trustees shall hold a public hearing on the application, notice of which shall be given by
publication in the same manner as required by Section 16 -13 -10 of this Chapter for
amendments to the zoning ordinance, such published notice to be the responsibility of the
Town. At least fourteen (14) days prior to the hearing date, notice of the hearing shall be sent to
all owners of property within two hundred (200) feet of the property in question by certified mail,
return receipt requested, such mailed notice to be the responsibility of the applicant. Within thirty
(30) days of completion of the hearing, the Board of Trustees shall act to approve, approve with
conditions or deny the application. The decision of the Board is final, subject to judicial review.
(3) Permits; duration and conditions; amendments; variances.
a. A use permitted by special review is valid so long as the conditions of approval are
maintained by the applicant, unless a specific time limit for the use is set forth as part of the permit
approval. If an approved use ceases operation for any reason for a period of one (1) year, the
use permitted by special review shall be deemed expired, unless otherwise provided in the permit
itself.
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b. If the conditions of a use permitted by special review become the responsibility of a person
or entity other than the applicant, the Town staff shall be notified in writing, identifying the new
person or entity responsible for maintaining the conditions of the permit. Until such notice is
received, the applicant shall remain responsible for maintaining the permit conditions. The notice
shall be attached to the permit on file with the Town staff. However, it is the intention of this
Subparagraph b. that the property owner remain responsible for compliance with permit
conditions.
c. Failure to maintain the permit conditions shall be considered a violation of these regulatons
and, in addition to the penalties provided for violations of this Code, shall subject the permit holder
to revocation.
d. No approved use permitted by special review may be modified, structurally enlarged or
expanded in ground area, unless such modification, enlargement or expansion receives the prior
approval of the Town, which shall be obtained by submitting a new application for review under the
procedures provided by these regulations. Such application shall be submitted to and processed
by the Town in the same manner as applications for the original permit itself; provided, however,
that, at the pre application conference, the applicant and Town staff shall agree upon the extent of
submission requirements pertinent to the application. In the event that the applicant disagrees
with the Town staff's decision with respect to the extent of the submission requirements, such
disagreement may be preserved by the applicant as a part of its application for amendment, and
the Planning Commission and Board of Trustees shall recommend and decide upon that
appeal as a part of their decision on the amendment application itself.
e. The applicant may request a variance from or modification of the requirements
applicable to the particular use by special review. Any such request shall be made as part of the
application documents required for the application itself or after approval of such application.
The request shall be considered by the Planning Commission as a part of its recommendation to
the Board of Trustees. The Board of Trustees, in its sole discretion, shall determine whether and to
what extent such variance request shall be approved. The request for a variance must describe,
and the Board of Trustees in granting such a variance must find, that all of the following conditions
exist:
1. That satisfactory proof has been presented to show that the request is reasonably
necessary for the convenience or welfare of the public;
2. That the variance would not authorize any use other than the use permitted by special
review as described in the permit;
3. That unnecessary hardship to the applicant would be shown to occur if the variance were
not granted; or that the application seeks a more cost effective or technologically superior
approach to some aspect of the use permitted by special review;
4. That the variance would not injure the value, use of or proper access to light and air of
adjacent properties.
5. That the variance is the minimum variance necessary to accomplish the intended purposes; and
6. That the variance would not be out of harmony with the intent and purpose of this
Division, this Chapter and all other ordinances and regulations of the Town.
The procedure for consideration of variances generally at Article 12 of this Chapter shall not
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apply to variances and amendments of uses permitted by special review.
Section 16 4 350. Submission Requirements.
The applicant for a permit to conduct a use permitted by special review shall submit to the Town
staff any or all of the following materials which are, in the opinion of the Town staff, relevant to the
proposal being requested. Except as otherwise provided herein, Town staff shall identify the list of
required submittals at the time of the pre application conference. Only complete submittals will be
accepted:
(1) A complete use by special review permit application.
(2) The required fee, as set forth in Appendix A to this Code.
(3) A legal description of the property.
(4) Proof of legal access to the property.
(5) A site plan showing existing uses and structures on the property, including all utility
infrastructure, easements and watercourses.
(6) A site plan showing proposed uses and structures on the property, including all utility
infrastructure, easements and watercourses.
(7) Scaled elevations and /or perspective drawings of any proposed structures.
(8) A proposed development schedule indicating:
a. Date of the beginning of the use and /or construction.
b. Phases in which the project may be developed and the anticipated rate of
development.
(9) Anticipated date of completion of the project.
(10) Any agreements, provisions or covenants to be recorded.
(11) Restoration or reclamation plans, required for all special uses requiring extensive
grading and extractive (mining) uses.
(12) A statement regarding any provisions for proper ongoing maintenance of the use and site.
(13) Landscaping plan in the form described in Section 16 -4 -390 below.
(14) Water quality plan, including drainage, erosion control, floodplain mapping and snow
storage.
(15) Any additional materials which, in the opinion of the Town staff, are necessary to
adequately review the application, which shall be identified within two (2) weeks of the
preapplication conference.
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Section 16 -4 -360. Criteria for Review.
The Town staff, Planning Commission and Board of Trustees shall consider the following criteria
when evaluating an application for a use permitted by special review permit:
(1) Whether the proposed use complies with all requirements imposed by this Code and all
other ordinances and regulations of the Town.
(2) Whether the proposed use is in conformance with the Town's Comprehensive Plan.
(3) Whether the proposed use is compatible with adjacent uses. Such compatibility may be
expressed in appearance, architectural scale and features, site design and the control of any
adverse impacts, including noise, dust, odor, lighting, traffic, safety and impact on property
values of the surrounding area.
(4) Apparent community need for the use.
(5) Suitability of location for the use.
(6) Whether the proposed use is in compliance with the other requirements of this
Article.
Section 16 -4 -370. Site Guidelines.
The following site guidelines must be satisfied in connection with the approval, construction and
continued operation of mechanical wastewater treatment plants as a use permitted by special
review under these regulations:
(1) Maximum building footprint: For administrative, electrical, blower room, sludge
processing and headwork uses: seven thousand five hundred (7,500) square feet total; for
associated wastewater treatment facility, including but not limited to settling tanks, aeration
tanks and pump stations: two thousand (2,000) square feet per one hundred thousand (100,000)
gallons treatment capacity. To the greatest extent possible, consistent with sound engineering
principles, the building footprint shall be minimized.
(2) Parking: All on -site parking lots shall be paved. Parking lots shall be screened from
public view by the use of hedges, earth berms or other appropriate landscaping features
approved by the Planning Commission and Board of Trustees.
(3) Access roads: Access and maintenance roads within the property are not required to
be paved. Access roadways may be surfaced with other materials, as permitted by the Board
of Trustees. A dust controlling substance, shall be applied to all gravel road surfaces in the
summer. At least two (2) applications per summer season are required.
(4) Required setback from any watercourse: One hundred fifty (150) feet from any
watercourse to any structure.
(5) External storage of materials and equipment: None permitted without an approved fencing
and landscaping screening plan approved as part of the permit application.
(6) Fencing: All fencing shall be approved by the Planning Commission and Board of
Trustees, as part of the permit application.
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(7) Refuse and service areas: All trash areas shall be easily accessible by trash collection
vehicles and screened from public view by either landscaping or a fence that is architecturally
compatible with the development. Unsightly mechanical and electrical equipment and all service
areas shall also be screened from public view.
(8) Open space: Not less than sixty -six percent (66 and not more than seventy -five percent
(75 of the total site area per single mechanical wastewater treatment plant shall be designated as
open space. Town staff and the Planning Commission shall recommend, and the Board of
Trustees shall determine, the appropriate portion of the site to be designated as open space. Such
reservation shall be of lands not suitable or necessary for mechanical wastewater treatment plant
purposes and shall not exceed eighteen (18) acres per plant site. The Board of Trustees
hereby finds and declares that such open space designation is required for adequate protection
of the public health, safety and welfare by ensuring proper separation between mechanical
wastewater treatment plants and other uses. The following additional regulations shall apply:
a. Designated open space, as used herein, shall mean open space as defined by Section
161 -40 of this Chapter, lands dedicated and conveyed to the Town as public open space, or
a combination thereof. If retained by the applicant, designated open space shall be subject
to deed restrictions preserving its open space status (which deed restrictions may be
modified only pursuant to an agreement between the Town and the applicant) or, altematively,
may be dedicated and conveyed to the Town as publicly owned open space.
b. Within the range established herein, the exact acreage and location thereof to be
designated for open space purposes, and that to be reserved for mechanical wastewater
treatment plant purposes, shall be jointly determined by the Town and the applicant, and shall
take into consideration the technological and engineering requirements to construct a plant that
will serve the applicant's wastewater treatment requirements at build -out (including without
limitation soil testing and setback requirements from any watercourse), reasonably foreseeable
regulatory requirements imposed by federal, state or local governments, a buffer area between
the plant facilities and the areas of public access, and an amount of land that represents a
reasonable contingency for unforeseen circumstances.
c. The applicant shall not use any part of its property located within the boundaries of the
Business District within the Town for any purpose other than for mechanical wastewater treatment
plant purposes, except as authorized by the Town pursuant to an application submitted under
applicable portions of this Code.
d. The obligation to designate land for open space purposes shall arise on the date that an
application hereunder has received final approval by the Board of Trustees and has become
effective by operation of law. It is the intent that, if land formerly used as wastewater lagoons
is to be designated as open space, such land must be reclaimed and converted to wetlands, or a
Recreational Class 2 facility (a pond) pursuant to the classification of the Colorado Department
of Public Health and the Environment. Such ponds may be dedicated as public open space but
may be used by the applicant in whole or in part for water augmentation purposes.
e. The applicant shall complete reclamation of ponds formerly used as wastewater lagoons
within four (4) years of the date they are taken out of service in connection with the start -up of
the new mechanical wastewater treatment plant. Progress of reclamation of ponds shall be
reported annually to the Board of Trustees.
f. Notwithstanding any other provisions of this Paragraph, during the period of the
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applicant's ownership, there shall be no public access to property owned by the applicant
(including both property to be designated by the applicant for open space purposes and
property retained by the applicant for mechanical wastewater treatment purposes).
Section 16 -4-380. Design Guidelines.
The following design guidelines must be satisfied in connection with the approval, construction
and continued operation of mechanical wastewater treatment plants as a use permitted by special
review under this Division:
(1) Maximum height: Thirty (30) feet above treated sludge conveyor and loading areas;
twenty (20) feet above all other plant components; measured pursuant to the definition of height of
building set forth in Section 16 -1 -40 of this Chapter.
(2) Color: A color palette for all proposed structures and features shall be submitted to and
approved by the Planning Commission and Board of Trustees at the time of permit application.
The color palette shall be designed to permit flexibility to the applicant in designing the facility,
while at the same time rendering the facility as visually unobtrusive as possible. The same or
similar building materials and colors shall be used on main structures and any accessory structures
upon the site. Exterior wall colors should be compatible with the site and complementary to the
materials used, the surrounding environment and the context of the neighborhood.
(3) Exterior building materials: Exterior materials and architectural forms shall include two (2)
or more materials in addition to roofing and structure materials. The principal materials used on
building facades should be wood (including siding), stone, brick, stucco, pre -cast concrete with
an architectural finish, split face block or other material or facade acceptable to the Town. The
facades of buildings must be broken up. Long, blank walls and roof lines must be avoided. All
exterior wall materials must be continued down to finished grade, thereby eliminating unfinished
foundation walls. The back of a building must have the same overall design as the front of a
building. Exterior materials shall be approved by the Planning Commission and Board of
Trustees.
(4) Prohibited external building materials: Metal.
(5) Roofs: Flat roofs are prohibited. All roofs must have a pitch of not less than two and one
half (2 inches to twelve (12) inches.
(6) Noise and odor:
a. It is the intent of the Board of Trustees to regulate activities contributing or potentially
contributing to the degradation of usage of property and of air quality within the Town limits in
order to preserve public health, safety and welfare. Accordingly, no noise or odor shall
emanate beyond the portion of the property used for wastewater treatment which interferes
with the reasonable and comfortable use and enjoyment of property.
b. The applicant shall submit, as part of its application, a plan for controlling and
containing noise and odor on the site, and for measuring compliance with that plan. The plan,
if and when approved by the Board of Trustees, shall become a permit condition and a
condition of permit approval.
c. Determination of a violation. A violation of either the noise or odor requirements of this
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Paragraph shall be determined only in the event that the Town has received complaints from a
resident, a visitor or Town staff. The Town or its designated representative shall investigate
the complaint and make a determination of whether the standards set forth herein have been
violated. If a violation is found, the permit holder, at the Town's direction, shall forthwith take
action to remedy or remove the condition causing the violation. The permit holder shall have
fifteen (15) days, or such other period of time as may be determined by the Town, in which to
cure the violation in a manner acceptable to the Town. Failure to so cure the violation may
result in assessment, in the sole discretion of the Town, of reasonable civil fines and
penalties, or the filing of a complaint in Municipal Court.
(7) Storage and removal of treated sludge: No treated sludge shall be stored on site except
in the plant's primary structure. The removal of treated sludge shall occur at times mutually agreed
upon by the applicant, the Planning Commission and the Board of Trustees.
(8) Wastewater treatment facility: All components of the wastewater treatment facility, with
the exception of the treatment basins, shall be enclosed within a permanent structure. Treatment
basins may be uncovered, covered by a permanent structure or beneath a suitable floating
cover, the design and color of which shall be permitted as a part of the use permitted by special
review permit.
Section 16 -4 -390. Landscape Requirements for Uses Permitted by Special Review.
(a) Landscaping plan. The landscape plan shall include, as a minimum, the following:
(1) North indicating arrow.
(2) Property lines.
(3) Locations of the existing and proposed structures on the site.
(4) Locations of all existing and proposed hard surface areas.
(5) Table listing of botanical names, the common names and the planting sizes and
quantities of all plantings.
(6) Identify which existing trees will remain and which trees will be removed.
(7) Location and description of landscaping improvements, such as earth berms, walls, fences,
screens, lights, ground cover, planter boxes, water elements and other natural materials.
(8) Irrigation plans.
(9) A statement providing that the owner and his or her heirs, successors and assigns will
provide adequate maintenance for all site elements.
(10) Minimum size for all deciduous trees shall be two (2) inches in caliper. Minimum
size for evergreen trees shall be six (6) feet in height.
(11) Minimum size for all shrubs shall be five (5) gallons and at least one and one -half
(PA) feet tall.
(b) Landscaping requirements.
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(1) Landscaping required: Fifteen percent (15 of lot area.
(2) Tree requirement: Seventy -five percent (75 of landscaping area.
(3) Shrub requirement: Twenty -five percent (25 of landscaping area.
As part of review and approval of a use permitted by special review, the Planning Commission may
recommend and the Board of Trustees may approve, in its sole discretion, a landscaping plan which
provides for landscaping in amounts, location and composition different from the requirement set
forth in this Section if, in the opinion of the Planning Commission and the Board of Trustees, such
alternate landscaping plan meets or exceeds the goals sought to be attained by the numeric
landscaping requirements of this Section, by obscuring, to the full extent possible, the facility or
facilities permitted by special review.
(c) Landscaping maintenance.
(1) Landscaping maintenance shall include irrigation, fertilization, pruning and weed control.
Nonliving elements in landscaping also need maintenance to avoid being in violation of this
Article.
(2) Prior to issuance of a certificate of occupancy, the applicant shall also submit a guaranty or
performance bond, in a form acceptable to the Town, of twenty -five percent (25 of the
estimated cost of the plant material provided as part of the landscaping requirement. This
amount shall be retained by the Town until the plant materials have been maintained in a
satisfactory condition for two (2) years after installation. The Town may during that time draw
upon the twenty- five percent guaranty to replace plant materials which have died. The
remainder of the guaranty, if any, shall be returned to the owner of record upon the expiration
of the two -year period.
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ARTICLE 10 SIGNS AND OUTDOOR ADVERTISING DEVICES
Section 16 -10 -10 Purpose and Intent.
It is the intent of these regulations to authorize the use of signs and sign structures that are compatible with
their surrounds, appropriate to the activity that displays them and legible in the circumstances in which they
are seen. These regulations are intended to create a framework for signs and sign structures that:
1. Promotes the creation of an attractive visual environment that promotes a healthy economy by:
a. Permitting businesses to inform, identify and communicate effectively; and
b. Directing the general public through the use of signs while maintaining attractive and
harmonious application of signs on the buildings and sites.
2. Protects and enhances the physical appearance of the community in a lawful manner that
recognizes the rights of property owners by:
a. Encouraging the appropriate design, scale and placement of signs; and
b. Encouraging the orderly placement of signs on the building while avoiding regulations that
are so rigid and inflexible that all signs in a series are monotonously uniform; and
c. Assuring that the information displayed on a sign is clearly visible, conspicuous, legible and
readable so that the sign achieves the intended purpose.
3. Fosters public safety along public and private streets within the community by assuring that all signs
are in safe and appropriate locations.
4. Have administrative review procedures that are the minimum necessary to:
a. Balance the community's objectives and regulatory requirements with the reasonable
advertising and way finding needs of businesses.
b. Allow for consistent enforcement of the Sign Code.
c. Minimize the time required to review a sign application.
d. Provide flexibility as to the number and placement of signs so the regulations are more
responsive to business needs while maintaining the community's standards.
5. Ensure that the constitutionality guaranteed right of free expression is protected.
Section 16 -10 -20 Authority.
The regulations herein are authorized by Article 31, Title 23, Colorado Revised Statutes, and are hereby
declared to be in accordance with all provisions of these statutes.
Section 16 -10 -30 Definitions.
The following words and phrases shall have the following meanings:
Abandoned Sign: A sign that no longer identifies or advertises an ongoing business, product, location,
service, idea or activity conducted on the premises on which the sign is located.
Alteration: A 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.
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Area of Sign: Refer to Section 16 -10 -110, Sign Area, Dimensions and Height.
Attraction or Reader Board: Any sign having changeable copy for the purpose of advertising events,
sales, services or products provided on site.
Awning: A shelter projecting from and supported by the exterior wall of a building and composed of rigid or
non -rigid materials and /or fabric on a supporting framework that may be either permanent or retractable.
Awning Sign: A sign displayed on or attached flat against the surface or surfaces of an awning.
Balloon Sign: A lighter- than -air gas filled balloon, tethered in a fixed location, that has a sign with a
message on its surface or attached in any manner to the balloon.
Banner: A professional produced strip of cloth, plastic or similar material affixed to a building or railing
which is located outdoors and contains language for advertisement, greeting or similar messaging
purposes.
Banner Sign: A sign utilizing a banner as its display surface.
Billboard: See off premise sign.
Building Directory: A sign may be permitted for the purpose of identifying first floor tenants that do not
have outside building frontage or upper floor tenants.
Building Identification Sign: A sign may be permitted for the purpose of containing the name or address
of a building and may include hours of operation and emergency information, providing such sign is located
on the same site as the structure.
Building Frontage: The horizontal, linear dimension of that side of a building which abuts a street, parking
area, mall 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. In 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 leasee.
Bulletin Board: A sign that may be of permanent character or may be portable and may have characters,
letters or illustrations that can be manually changed or rearranged for the purpose of advertising restaurant
menus or special sales (i.e. dry erase boards).
Canopy (Attached): An overhead structure or architectural project supported by attachment to a building
on one or more sides and either cantilevered from such building or supported by columns at additional
points. Similar to a Marquee.
Canopy (Freestanding): An overhead structure supported by columns, but not enclosed by walls.
Canopy Sign: Any sign affixed to the visible surface(s) of an attached or freestanding canopy.
Changeable Copy Sign: A sign or portion thereof on which the copy or symbols change either
2
automatically through electrical or electronic means (for example, time and temperature units), or manually
through placement of letters or symbols on a panel mounted in or on a track system.
Construction Sign: A temporary sign identifying the persons, firms or business directly connected with a
construction project.
Directional Sign: Any sign that is designed and erected for the purpose of providing direction and /or
orientation for pedestrian or vehicular traffic.
Electronic Message Center Sign: An on- premise sign capable of displaying words, symbols, figures or
images that can be electronically or mechanically changed by remote or automatic means.
Flag: Any fabric of distinctive design that is used as a symbol or as a signaling device.
Flashing: 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: Any sign which is permanently affixed in or upon the ground, supported by one or
more structural members, with air space between the ground and the sign face.
Governmental Sign: A sign erected and maintained pursuant to any governmental functions, or required
by law, ordinance or other governmental regulation.
Grade: The level of the site at the property line located at the closest distance to the sign.
Hanging Sign: A sign, with rigid or flexible connections, attached to a wall, fascia or beam of a building or
canopy.
Height of Sign: Refer to Section 16 -10 -110, Sign Area, Dimensions and Height.
Holiday Decorations: Signs or displays including lighting which are a non permanent installation
celebrating national, state, and local holidays or holiday seasons.
Illegal Sign: Any sign placed without proper approval or permits as required by this Code at the time of
sign placement. Illegal sign shall also mean any sign placed contrary to the terms or time limits of any
permit and any nonconforming sign which has not been brought into compliance with any applicable
provisions of this Code.
Illuminated Sign: Any sign for which an artificial source of light is used in order to make readable the
sign's message, including internally and externally lighted signs and reflectorized, glowing or radiating
signs.
Logo: An emblem, letter, character, picture, trademark, or symbol used to represent any firm, organization,
entity, or product.
Marquee: A permanent roof -like shelter extending from part or all of a building face and constructed of
some durable material which may or may not project over a public right -of -way.
Marquee Sign: Any sign painted on or attached to or supported by a marquee.
Master Sign Plan (MSP): A coordinated program of all signs, including exempt and temporary signs for a
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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.
Mixed -Use Development/Complex: Any development project which contains retail, service and /or
professional business establishments occupying a building or group of buildings.
Monument Sign: A permanent sign where the entire bottom of the sign is affixed to the ground. The
location of the sign shall not obstruct traffic safety sight distance areas.
Mural: A picture on an exterior surface of a structure. A mural is a sign only if it is related by language,
logo, or pictorial depiction to the advertisement of any product or service or the identification of any
business.
Neon Sign: A sign with tubing that is internally illuminated by neon or other electrically charged gas.
Nonconforming Sign: 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 Code.
Off Premises Sign: Any sign used for promoting an interest other than that of a business, individual,
products, or service available on the premises where the sign is located.
On- Premises Sign: Any sign used for promoting a business, individual, product or service available on the
premises where the sign is located.
Political, Civic and Noncommercial Signs: Any sign designed for the purpose of supporting or opposing
a candidate, proposition or other measure at an election or for any other noncommercial expression not
related to the advertisement of any product or service or the identification of any business.
Portable Sign: Any movable sign not permanently attached to the ground or a building and easily
removable using ordinary hand tools.
Private Street: Primary access ways that are intended to provide vehicular access to multiple commercial
businesses and /or ownerships and are not dedicated as a public right of way.
Projecting Sign: A sign which projects from and is supported by a wall or parapet of a building with the
display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall.
Real Estate Sign: Any temporary sign pertaining to the sale, exchange, lease, rental, or availability of land,
buildings, condominium and similar units, or apartments. Such signs may include building name and
address, price and amenities, identity of seller or broker, and similar information.
Revolving or Rotating Sign: An animated sign.
Roof Sign: Any sign erected upon a roof, parapet, or roof mounted equipment structure and extending
above a roof, parapet, or roof mounted equipment structure of a building or structure.
Sandwich Board: 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.
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Sign: Any name, figure, character, outline, display, announcement, or device, or structure supporting the
same, or any other device of similar nature designed to attract attention outdoors, and shall include all
parts, portions, units, and materials composing the same, together with the frame, background, and
supports or anchoring thereof. A sign shall not include any architectural or landscape features that may
also attract attention.
Sign Area: Refer to Section 16 -10 -110, Sign Area, Dimensions and Height.
Sign Copy: The graphic content or message of a sign (words, symbols, logos, figures, numbers or
symbolic representations).
Sign Structure: Any structure designed for the support of a sign.
Special Event Sign: Any temporary or non permanent sign advertising or pertaining to any civic, patriotic
or special event of general public interest.
Temporary Sign: Any sign which is installed for a period not to exceed forty -five (45) days.
Transition: A visual effect used on an Electronic Message Sign to change from one message to another.
Travel: A mode of message transition on an Electronic Message Sign in which the message appears to
move horizontally across the display surface.
Vehicle Sign: Any sign permanently or temporarily attached to or placed on a vehicle or trailer for the
purposes of business advertising; however, not to include signs affixed to vehicles or trailers for
identification purposes.
Wall Sign: Any sign attached to or erected on the exterior wall of a building or structure in a plane parallel
or approximately parallel to the plane of said wall.
Window Sign: Any sign affixed to the surface of a window with its message intended to be visible to the
exterior environment.
Section 16 -10 -40 Sign Permit Required.
Prior to submitting a formal application, applicants are encouraged to meet with the Planning Department
to fully understand the Town's requirements, objectives, interpretations, and review procedures. To
ensure compliance with the regulations of this Article, 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 16 -10 -130 of this Article. Changing or replacing the copy on an
existing lawful sign shall not require a permit, provided that the copy change does not change the nature of
the sign or render the sign in violation of this Article. A separate sign permit shall be required for each
sign. Each person applying for a sign permit shall present or obtain a current Fraser business license.
A sign permit fee shall be paid to the Town in accordance with the current fee schedule established by
the Board of Trustees.
Section 16 -10 -50 Application for Sign Permit.
A complete application for a sign permit shall be submitted in writing on forms furnished by the Town staff.
The application shall be submitted by the owner or his or her authorized agent and shall include, at a
minimum, the following information:
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1. The name and address of the owner or other person in control of the real property upon which the
sign is to be erected, posted or displayed, and proof of ownership or interest in the property.
2. The name of the person erecting the sign.
3. The address and legal description of the property upon which the proposed sign is to be located.
4. The type of sign.
5. The proposed location of the sign on the property identified; and the location and total surface area
of all other permitted signs existing on the property or buildings.
6. Detailed drawings, drawn to scale, containing complete plans and specifications which indicate the
method of construction and anchoring to the building or ground, the total area of the proposed sign in
square feet and the height of the proposed sign from the ground level.
7. A detailed site plan, drawn to scale, which shall indicate all existing and proposed signs for the
site, including dimensions, colors, materials and /or illumination, if applicable, for each sign.
8. Building elevations with signs depicted.
9. Any other information deemed necessary by the Town.
10. Sign permit fee as established by the current fee schedule.
Section 16 -10 -60 Permit Review and Issuance.
Within ten (10) business days of filing a completed application, the Town staff shall review the sign
application in accordance with the established review criteria. The Town shall approve, approve with
conditions or deny the sign permit. Upon the Town staff's approval of the sign permit, the sign permit shall
be issued to the applicant.
Section 16 -10 -70 Sign Permit Review Criteria.
The following review criteria will be used by the 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.
Section 16 -10 -80 Appeal of Sign Permit Denial or Approval with Conditions.
Any appeal of the Town staff's interpretation of this Article resulting in denial of a sign permit or approval with
conditions shall be made to the Board of Trustees. The Board of Trustees shall review the application at
the next regularly scheduled meeting. The decision by the Board of Trustees to either approve or deny
the application shall be final.
Section 16 -10 -90 Miscellaneous.
Any sign type not specified herein shall be reviewed by Town staff on a case -by -case basis. Any appeal of the
Town staff's decision resulting in denial of a sign permit or approval with conditions for such a sign shall be
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made to the Board of Trustees in accordance with the preceding Section of this Code.
Section 16 -10 -100 Variances.
Any 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.
Section 16 -10 -110 Sign Area, Dimension and Height Measurement.
1. For a wall sign which is framed, outlined, painted or otherwise prepared and intended to provide a
background for a sign display, the area and dimensions shall include the entire portion within such
background or frame.
2. For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the
building or 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. 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.
3. For a freestanding sign, the sign area shall include the frame, if any, but shall not include:
a. A pole 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.
b. 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.
4. When two 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 of the two faces.
5. The height of a freestanding and monument sign 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 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 or monument sign or sign structure, then the freestanding or monument sign or
structure's height will be measured from the roadway grade level to the highest point of the
freestanding or monument sign or sign structure.
6. Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance
between finished grade and the lowest point of the sign, including any framework.
Section 16 -10 -120 General Sign Requirements.
Wall signs
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1. Each tenant may have multiple wall signs as long as the total wall sign area does not exceed the
allowances established above.
2. The wall sign or signs, shall not be greater than eighty (80 percent 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 tenant is not so close to the sign of an adjacent tenant that the two signs would run into each other.
3. Wall signs may not extend above the top of the building wall upon which they are mounted.
Projecting signs
1. Projecting signs shall be a minimum of eight (8) feet above the sidewalk; the sign shall not project
more than 6 feet from the wall of the building on which the sign is placed. Minimum spacing
between projecting signs shall be 20 feet.
Freestanding signs
1. The area of freestanding signs shall be a maximum of thirty -two (32) square feet.
2. Freestanding signs may not extend into the right -of -way.
Monument Signs
1. The area of monument signs shall be a maximum of thirty -two (32) square feet.
Temporary Banners
Banners used as temporary signs are regulated under the Section 16 -10 -130, Exempt Signs.
Section 16 -10 -130 Exempt Signs.
The following signs are exempt from the permit regulations of this Article and may be placed in any zoning
district subject to the provisions of this Article. All such signs (except government signs) shall be located
outside a public right -of -way, unless otherwise granted permission for such location by the Town or the
Colorado Department of Transportation (CDOT). Signs shall not interfere with traffic signs or the sight
distance triangle at intersections. The following exempt signs shall be unlit unless specified below:
1. 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.
2. Works of art that do not include a commercial message.
3. Holiday decorations. Noncommercial decorations or displays (including strings of lights), when
such are clearly incidental to and are customarily and commonly associated with any national, state, local
or religious holiday or celebration; provided that such decorations or displays are maintained and do not
constitute a fire hazard.
4. Flags.
a. Flags, crests or banners of nations, organizations of nations, states and cities, or
professional fraternal, religious or civic organizations, except when displayed in connection with
commercial promotion or as an advertising device. All flags shall be displayed in a proper
manner.
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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.
1. Building identification signs, provided that such signs shall not exceed four (4) square feet in
size.
2. Temporary Banners. Banners applied to paper, plastic or fabric used to decorate or attract
attention to a business establishment, provided that:
a. Banners are displayed in conjunction with a grand opening celebration or a special event or
sale. As a general rule, banners cannot be displayed for more than forty -five (45) consecutive days.
b. Businesses may display a maximum of two (2) banners with a combined total area of not more
than fifty (50) square feet. If a business is situated on a corner lot with two (2) street frontages, the
owner may be permitted to display up to fifty (50) square feet per street frontage.
c. Banners shall be securely attached to the wall of the establishment, freestanding signs or light
poles on private property. Banners must be removed immediately if damaged or in disrepair.
d. A business can display a banner as its main identification for up to a three -month period of
time while permanent signage is being made. Banners shall not be used in lieu of permanent signage.
3. Bulletin board /notice boards /menu boards /display case. On -site bulletin boards, notice
boards, menu boards or display boards not exceeding six (6) square feet in gross surface area.
Such signs, or portions thereof, may be portable and may have characters, letters or illustrations
that can be manually changed or rearranged for the purpose of advertising restaurant menus or
special sales (i.e., dry-erase boards). Such portable signs may only be displayed during business
hours.
4. Directional. If the Board of Trustees elects to erect standardized business directory signs,
such signs shall be exempt from all provisions and regulations of this Article, except that these
signs shall comply with the lighting requirements of this Article.
5. Garage, estate or yard sale. Signs which advertise a garage, estate or yard sale on the lot
on which the sign is located; such signs may be erected no sooner than two (2) days prior to the
date of the sale and must be removed within (1) one day after the date of sale.
6. Highway banners. If the Board of Trustees elects to erect temporary highway banners,
such signs shall be exempt from all provisions and regulations of this Article.
7. Informational signs or way- finding signs (i.e., arrows for drive -in /fast -food restaurant) shall
be permitted in addition to all other signs when they are of such size and location that satisfy the
intended instructional purpose and based on their location, and intended purpose will not constitute
additional advertising. Informational signs shall be permitted provided that they shall not exceed two
(2) square feet in size.
8. Merchandise and window signs. Merchandise, pictures or models of products or services
which are incorporated as an integral part of a window display or signs located or painted on the
interior side of the window, such as "open" and "closed" signs, or signage indicating the
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acceptance of credit cards. Electronic message center signs may be permitted on the interior side
of the window. Merchandise /window signs shall cover not more than fifty percent (50 of the
display windows on any business or building and must comply with the lighting requirements of this
Article.
9. Political signs. Signs, posters and banners indicating support for or opposition to a political
candidate or question. Such signs, posters or banners shall not be erected or placed prior to sixty (60)
days before an election, and shall be removed within seven (7) days following the election. No such
signs, posters or banners shall be placed upon or shall extend into any public property or right -of -way.
10. Public information signs. Signs which identify restrooms or public telephones or provide instructions
as required by law or necessity, provided that the sign does not exceed four (4) square feet in area.
These signs shall comply with the lighting requirements of this Article.
11. Religious symbols. Religious symbols located on a building or lot used for organized religious
services. These symbols shall comply with the lighting requirements of this Article.
12. Sale, lease, rent. Signs used to offer for sale, lease or rent the land or buildings upon which
the sign is located, provided that:
a. One (1) sign per lot advertising real estate "For Sale," "For Rent" or "For Lease not to exceed six
(6) square feet in area.
b. All such temporary signs shall be removed within seven (7) days after the real estate closing
or lease transaction.
13. Sandwich boards. Sandwich boards used to attract attention to a business establishment,
provided that:
a. Businesses may display a maximum of one (1) sandwich board, and the total square footage
cannot exceed 16 square feet in area per side.
b. Sandwich boards shall be placed only in front of the space occupied by the establishment to
which the sign pertains and in a location which will not cause unreasonable annoyance or
inconvenience to adjoining property owners and /or the public. During winter months, the location of
each sandwich board must not interfere with snow removal.
c. Sandwich boards may be displayed only during business hours when the establishment to
which a specific sign pertains is open for business.
d. Sandwich boards must be removed immediately if damaged or in disrepair.
17. Scoreboards. Scoreboards for athletic fields, provided that such scoreboards shall comply
with the lighting requirements of this Article.
18. Vehicular signs. Unlit signs displayed on motor vehicles which are being operated or stored in the
normal course of a business, such as signs indicating the name of the owner or business which are
located on moving vans, delivery trucks, rental trucks and trailers and the like, shall be exempt from the
provisions of this Article, 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.
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19. Construction. On -site construction signs, provided that:
a. Signs in conjunction with any residential use shall not exceed six (6) square feet each.
b. Signs in conjunction with all other uses shall not exceed 32 square feet each.
c. Only one (1) such sign permitted per lot.
d. Such signs shall identify an architect, contractor, subcontractor, material supplier, financial lender
and /or renderings of the project.
e. Such signs shall be removed within thirty (30) days after completion of the project.
Sec. 16.10.140 Prohibited Signs.
1. Abandoned signs, as defined in Section 16- 10 -30.
2. Signs on vehicles when the vehicle is placed in a location not normally expected for such vehicles,
and the location apparently has the primary purpose of attracting attention or providing advertising in
addition to that permitted for legal wall and /or freestanding signs on the site.
3. Signs located on trees, utility poles, public benches or any other form of public property or within
any public right -of -way unless explicitly permitted by the regulations.
4. Signs which produce audible noise or sounds.
5. Signs which emit visible smoke, vapor, particles or odors.
6. Flashing, rotating, blinking or moving signs, animated signs, signs with moving, rotating or flashing
lights, noisemaking signs, signs with mechanical or electrical appurtenances, such as "revolving beacons,"
or signs that create the illusion of movement and are designed to compel attention except for time and
temperature devices.
7. Electronic Message Center (EMC) signs, except those permitted in Section 16 -10 -130 (12) Merchandise
and Window Signs.
8. Any sign that 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.
9. Any sign painted, erected and /or constructed upon, above or over the roof of any building.
10. Any sign, other than traffic control signs, erected, constructed or maintained within, over or upon the
right -of -way of any road or highway, except in the case of a sign for which a permit has been issued in
accordance with the requirements of this Article.
11. Off premises advertising signs or any other sign not pertinent and clearly incidental to the permitted use
on the property where located, except for signs permitted in Section 16 -10 -170 of this Article. An off
premises sign in existence at the time of the adoption of the initial ordinance codified herein may be 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 premises sign which has been damaged
or has not been maintained shall be removed.
12. Any sign which interferes with free passage from or obstructs any fire escape, downspout, window,
11
door, stairway, ladder or opening intended as a means of ingress or egress.
13. Inflatable freestanding signs, tethered balloons and searchlights, except as allowed in Section 16-
10 -190.
14. Any sign, including its supporting structure, in existence thirty (30) days or more after the
premises have been vacated or advertises an activity, business, product or service no longer produced
or conducted upon the premises upon which such sign is located. If the sign or sign structure is
covered or the identifying symbols or letters removed, an extension of time may be granted by the
Town staff upon good cause for such extension being shown. (This provision shall not apply to
permanent signs accessory to businesses which are open only on a seasonal basis, provided that
there is clear intent to continue operation of the business).
15. Any sign or sign structure which is structurally unsafe, constitutes a hazard to safety or health by
reason of inadequate maintenance, dilapidation or obsolescence and /or is not kept in good repair.
Sec. 16 -10 -150 Residential Sign Standards.
Unless specified in another section of this Article, signs in the R -1, R -2, R -3, R -4, M -1, M -2 and ZLL Districts shall
be permitted as follows:
1. Residential developments shall be permitted one (1) identification sign per primary street access. Such
identification sign shall be limited to twelve (12) square feet.
2. Freestanding, monument, projecting and wall signs are allowed. The maximum height shall be determined
on a case -by -case basis during review by the Town staff, not to exceed twelve (12) feet. Height, color and
lighting shall be consistent with the character of the neighborhood and not conflict with any other part of these
regulations.
iec. 16 -10 -160 Nonresidential /business Sign Standards.
Signs identifying other activities which are authorized in the R -1, R -2, R -3, R -4, M -1, M -2 and ZLL Districts shall
)e limited to six (6) square feet.
Sec. 16 -10 -170 Business /Commercial Sign Standards.
1. Sign types. All types of signs shall be permitted in the Business District. The aggregate area of all signs,
both temporary and permanent, displayed on a site shall not exceed the total allowed sign area established
by this Section. The total square footage of allowable sign area for any building shall be limited to one (1)
square feet of sign area for each one (1) lineal foot of building frontage, provided that no more than
seventy -five percent (75 of the total allowable signage per storefront may be used by any one (1) sign
and the maximum size for any one sign is one hundred (100) SF. In those instances where a building has
two (2) building frontages, the applicant shall choose one building frontage to calculate the allowable
square footage. Businesses with a building frontage of less than fifty (50) linear feet shall be allowed a
maximum sign area of fifty (50) square feet.
2. Mixed Use Developments /Shopping Complex.
Mixed use developments shall be permitted one (1) joint identification sign for each vehicular entrance to or exit
from the premises. Such sign may include and shall be limited to one (1) freestanding sign for each means of
entrance to or exit from the premises, not to exceed thirty -two (32) square feet in size (for all tenants within
the complex) and twenty (20) feet in height from the ground, or one (1) monument sign for each vehicular
entrance to or exit from the premises, not to exceed thirty-two (32) square feet in size (for all tenants within the
complex) and twelve (12) feet in height from the ground.
3. Off premise signs may be permitted if the business street frontage is not on U.S. 40. Property owner permission
is required and off premises signs must be approved by the Board of Trustees on a case -by -case basis.
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Section 16 -10 -180 Special Event Signs.
1. Inflatable freestanding signs, tethered balloons and search lights shall be erected no sooner than two (2) days
prior to and removed no later than one (1) day after the event.
2. All other special event signs shall be erected no sooner than seven (7) days prior and removed no later
than one (1) days after the event.
3. No such sign shall exceed thirty -two (32) square feet.
4. All such signs shall be located off the public right -of -way, unless otherwise granted permission for such
location by the Town or the Colorado Department of Transportation (CDOT). In no case may any such sign
impede the view or travel of any motorists or pedestrians or be attached to any structure within the right -of-
way (government signs, telephone poles, etc.).
Sec. 16 -10 -190 Signs in Planned Development (PD) District.
1. Signs in a PD District shall be in accordance with the provisions in this Article governing the type of land
use most similar to that within the PD District, unless otherwise provided for by the conditions and parameters of
the PD District. Each PD District larger than one hundred (100) acres is encouraged to submit a Master Sign
Plan (MSP) for the overall development. A MSP may be submitted that permits consideration of unique
conditions, flexibility and creativity.
2. The purpose of a 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 within the PD District. An application for approval of a MSP shall include, at a minimum, the
following:
a. A complete set of design standards that establishes a unified theme for all signs, including
architecture, materials, colors, letter and logo sizes, letter styles, lighting, mapping and other graphics;
b. Identification of locations and sign sizes that relate to major decision points and
destinations;
c. A statement of the intended use of the sign (i.e., permanent or temporary);
d. A maintenance plan; and
e. Any other information deemed necessary by the Town.
4. The types of signs approved as part of a MSP may include the following:
a. Signs used to identify an approved future development or a project that is under
construction;
b. Identification signs stating the name of the project, developer and contact information;
c. Project information center directional signs;
d. Signs identifying approved PD District land uses; and
e. Any other sign, map or graphic designed to communicate to the public the general layout of
the development project.
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5. The Planning Commission shall review the MSP at a public hearing and make a recommendation to
the Board of Trustees. The form of application shall be at the discretion of the applicant but shall
include, at a minimum, the information set forth in Subsection (2) above.
6. The fee for the review of the MSP shall be as established by the current fee schedule set forth in
Appendix A to this Code. 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.
7. Upon approval of an MSP, all signage within the limits of the PD District shall comply with the
established design standards.
Section 16 10 200 Construction Standards and Illumination.
The construction, erection, safety and maintenance of all signs shall comply with the International Building
Code as adopted by the Town.
1. Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or
vehicular traffic.
2. All permanent freestanding signs shall have self supporting structures erected on, or permanently
attached to, concrete foundations.
3. If possible, signs should not be in locations that obscure architectural features such as pilasters,
arches, windows, cornices, etc.
4. The signs should not be in locations that interfere with safe vehicular and pedestrian circulation or
public safety signals and signs
5. No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required
exit, window, or door opening used as a means of egress.
6. Signs may be illuminated by external or internal means provided that:
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 freestanding illuminated signs must be underground; and
e. An electrical permit may be required per the electrical code for illuminated signs.
Section 16 10 220 Maintenance.
1. Every sign and sign structure, including those signs and sign structures for which no permit or
permit fees are required, 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. The display
surfaces of all signs shall be kept neatly painted at all times.
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. Repairs to signs shall be equal to or better in quality of materials and design than the original sign.
3. The Town may inspect any sign governed by the 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.
4. Required landscaping must be properly maintained as to not allow the foliage to die or allow the
proliferation of weeds or disrepair of any part integral to the landscaping.
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Section 16 -10 -230 Illegal Signs.
1. Anyone who violates any of the sign regulations provided in this Article shall be subject to the same
penalties as provided in this Chapter for zoning violations.
2. The Town may cause the removal of any sign within the public right -of -way or on property that is
otherwise abandoned or that has been erected or placed without first complying with the requirements of
this Article.
3. 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 only upon payment to the Town for
costs of removal and storage. If not recovered within the thirty (30) 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.
Section 16 -10 -240 Legal Nonconforming Signs.
Any sign located within the boundaries of the Town that does not conform with the provisions of this Article
but which was in compliance with applicable law on the date of adoption of the initial ordinance codified herein
or the date of annexation, whichever is applicable, or which became nonconforming as a result of
subsequent amendments incorporated into this Article, shall qualify as a legal nonconforming sign. Legal
nonconforming signs may be continued to be maintained, provided that such signs are kept in good repair and
so long as such signs are not relocated, replaced or structurally altered. Changing light bulbs or
ballasts, replacing /repainting sign faces or repainting the sign frame that represents no change in the use of the
facility or overall size of the sign shall not be considered replaced or structurally altered, but shall be considered
maintenance as required to be performed by Section 16 -10 -220 of this Article.
Section 16 -10 -250 Other Restrictions.
Property owners may be restricted by covenants, deed restrictions, lease agreements or other means on the
size, number, erection and location of signs on their property. Such restrictions shall be deemed valid as long as
they do not conflict with the provisions set forth in this Article.
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