TC Ord. No. 1981-01,4 -
ORDINANCE N0.#81,1
i
Series of 198"
AN ORDINANCE ADOPTING A SIGN CODE FOR
THE TOWN OF AVON; PROVIDING DEFINITIONS
AND REGULATIONS; ESTABLISHING A PERMIT
SYSTEM'PROVIDING PENALTIES FOR VIOLATION
THEREOF; AND SETTING OUT ADDITIONAL
DETAILS IN RELATION THERETO.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
THAT:
Section 1. Short Title. This Ordinance shall be
known and may be cited as the "Sign Code of the Town of Avon"._
Section 2. Definitions.
(a) Sign: An identification, description, logo,,
illustration or device which is affixed to or,-represented, direct
or indirectly, upon a-building,, structure, or land, and which
directs attention to a product, place, activity, person, institu-
tion, or business.
(b) Sign, Area: The entire surface within a single
:ontinuous perimeter enclosing the extreme limits of writing,
representation, emblem, or any figure or a similar character
together with any material or color forming an integral part of
:he display or used to differentiate the sign from the-background
tgainst which it is,placed. For signs with display area on more
than one side or surface, the total area of all sides shall be
Included for side area purposes; For signs which consist of
_ndividual letters, characters, numbers or figures, the'sign area
Shall be measured by calculating the surface area within a single
:ontinuous perimeter enclosing the extreme limits of each indivi-
lual figure. The sum of the area for all of the figures shall be
:onsidered the total sign area. This provision shall be applied
iith flexibility in computing sign area so as to avoid signs
Lacking any border to the limits of the writing, representation,
:mblem or other figures or characters thereon.
(c) Sign, Business: A sign which directs attention to
business, profession, service, product, activity, or entertain-
nt, sold or offered upon the premises where such sign is locate
(d) Sign, Component: A 'sign which is composed of more
one'individual.sign on a common background or structure.
(e) Sign, Development/Real Estate: A sign which
rtises a proposed development or the sale or lease of property.
(f) Sign, Directional: Sign located on the property
:o which it relates and which only gives direction and information
.or traffic (pedestrian and vehicular) control.
(g) Sign,,Home Occupation: A sign which advertises a
home occupation in a residential zone or area.
(h) Sign,_I11_uminated: Any sign designed to give fo
any artificial light or designed to reflect such`Lght from an
artificial source.
(i) Sign, Indirectly Illuminated: Any illuminated
non-flashing sign for which illumination is derived entirely'from
an external artificial source and is so arranged that no direct
rays of light are projected from an artificial source into resi-
dential lots or street.
(j) Sign, Kiosk: A free standing structure which
contains a sign or signs which serve and relate to exclusively
pedestrian areas.
,(k) Sign,.Lot Entrance: A sign which is placed at an
entrance to a non-residential lot'which'identifies the primary
vehicular entrance. Sign may include the name of the property or
business in addition to'directional information.
(1) Sign, Political: A sign which advertises or refer
to persons or issues involved in official elections.
(m) Sign, Portable: A sign that is not permanently
affixed to a post, wall,,-fence, building or other structure. A
sign on a self-contained stand or vehicle of any sort located and
used for commercial purposes.
(n) Sign, Public: A.sign which is located within a
right-of-way of a public street or road which gives direction or
information for a public use area including parks,.schools,
churches, public meeting rooms, fire stations, hospitals, govern-
ment buildings, or other public places or activities.
(o) Sign, Residential: A sign containing no commerci
information, identifying the owner or occupant of a tract of land
which is devoted primarily to residential use.
(p) Sign,.Residential Project Entrance: Any sign whic
identifies a subdivision, or multiple unit residential building or
buildings of at least four living units.
(q) Sign, Special Events: Any sign, banner, pennant,
r other device including advertising and portable signs.
(r) Sign,-Window : A sign affixed.on .or .located within
rty-six inches of the interior surface of a window fronting a
lic way.
(s) Building Front: The lineal distance from outside
to outside of a-structure or portion of a structure housing a
)articular business or businesses directly adjacent to a street or
iiblic mall serving the property. Only one'property boundary may
)e considered to meet the building front definition.
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(t) Fine'Art: Any sculpture,-fountain-or similar
object displayed for non-advertising,purposes. Also, any painted
scene, figure, or decorative design enhancing building architec-
ture, not inclLuding written trade or place names.or advertising
messages and displayed for non-advertising purposes.
(u) Individual Business Lot: A business located on a
separate lot and contained in a single building or area.
(v) Lot Front: The total distance along the property
line which'is contiguous to a street or public mall serving the
property. Only one property boundary may be considered to meet
the lot front definition.
(w) Multiple Business Lot (Business Center): A lot
or series of lots, buildings, or units containing.separate
businesses which are attached or physically related and operated
as a group.'
Section 3. Administration.
(a) Application shall be made in accordance with
rdinance No. 9, Series 'of 1978, and the Procedures, Rules and
egulations of the Design Review Board. Whenever possible,
pplication for sign! approval shall form a part of application
or design review of an entire building or project.
(b) In the caseL~of a multiple business lot or business
enter including more than one business under separate lease, the
pplicant-may submit or may be-required to submit a comprehensive
lan for signing of the entire building or business center. Upon
pproval of such a comprehensive plan and upon determination by
he building administrator that an individual sign complies with
he plan, a building permit for that sign-shall be. approved by the
uilding administrator without further application to the Design
.eview Board.
Section 4. Sign Allowance: Signs are not permitted
cept as listed specifically herein. Signs are permitted as
llows:
(a) Individual Business Lot.Sign:
(1) Sign or signs not.to exceed one square foot of
ign area per lineal foot of building front for the first 32 feet
rid 1/3 square foot of sign area per lineal foot of building front
n excess of:32 .feet.. No sign shall exceed.a maximum area of 64
quare feet unless the sign and design thereof are determined by
he Design Review Board to be•consistent with the size and design
f the building to which-the sign is attached.
(b) Multiple Business Lot Signs:
(1) Sign area.not to exceed one square foot per.
Lineal foot of building front for the first'32 feet or portion
:hereof and 1/3 square foot per lineal foot of building front in
:xcess of 32 feet. Total sign area shall not exceed a maximum
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area of 64 square feet unless the sign and design thereof are
determined by the Design Review Board to be-consistent with the
size and design of the building to which the sign is attached.
(3) Each individual business shall be permitted
12 square feet of sign area in addition to that permitted by
subsection (1) hereof.
(4) The total sign allowance may be apportioned
within the lot or building in„any manner the applicant chooses,
provided that all other requirements are complied with.
(c) Multiple Signs: More than'one sign,provided the
total area does not exceed the total allowance on the lot or'
building.
(d) Kiosks: Shall be located only in exclusively
pedestrian areas: The display area shall not exceed 6 feet in
height and shall not exceed 4 feet in any horizontal direction.
(e) -Window Advertising Signs,: Are permitted provided
that no more than 25% of the exterior window area is covered by
signs;- further provided that the wording thereon is not repetitioi
gt other signs in the immediate vicinity.
(f) Home Occupation Signs: Provided that:
.(1) there be only one sign per home occupation;
(2) no sign shall exceed`2 square feet.
(3) Home-Occupation-Signs have been approved as a
Special Review Use-
(g) Component Sign: Provided that the total area does
not exceed'the'permitted maximum for any building or lot calculate
cumulatively with all other signs:
(h) Development Signs: Provided that:
(1) only one sign per parcel, lot, or group of
contiguous lots under one ownership.not to exceed 16 square feet
of display area and 8 feet in height;
(2) signs must be removed within 30 days of com-
pletion of development or land sales,-.
(3) in,no case may a sign be retained for more tha
2 unless an extension 'is granted .by the Design Review Board;
(4) signs may contain only. the project name and
the names and addresses of the-owner, conractor, architect,
engineer;- and real-estate'broker` (s)_.
(i) real-estate signs are-not-permitted unless displaye
from inside of a window and may not be any larger than 2 square feet.
(j) Residential Project Entrance Signs: Provided that
(1) one sign located adjacent to the primary
entrance not to exceed 32 square feet in area and 8 feet in height
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(2) one.. sign -per
16 square feet in area and 8 feet
(k) Political Signs:
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secondary entrance not to exceed
in height.
Provided that:
(1) there be no more than one sign'per_lot or
building;
(2) the sign shall not exceed 8 square feet in
area and 8 feet in height;
(3) signs shall not be-installed more than 90'days
befn re the election to which it relates;
(4) signs shall be removed within 10 days of-the
election or event to which it relates;
(5) no approval shall be required if the above
conditions are met.
(1) Portable Signs: . Provided that the sign does not
exceed four square feet and is used only during the business hours
of the business advertised.
(m) Sign Supports: Supports for signs shall not be
included within sign area calculations except in a case'of excess
sive support area for the purpose of evading the sign area
limitation, as determined by the Design Review Board.
(n) Illuminated signs.and Indirectly Illuminated Signs:
Provided'that such signs shall be illuminated only during hours of
operation of the business it serves. Flashing signs are not
permitted.
(o) Sign Height: No free-standing sign shall exceed
twenty=five-feet or the height of-the highest building on the lot,
whichever is less.
(p) Lot Entrance Signs: Provided that:
(1) a maximum of one sign for each non-residential
lot is permitted;
(2) sign shall,inot exceed 5 feet in height and
4 square feet of display area;
(3) lot entrance signs'shall be exempt from the
setback requirement.
(q) Setback Limitation: Free-standing signs shall be
setback at least 10 feet from all lot lines.
Section 5. Sign Maintenance, Repair and Removal.
(a) Violation-Notice: If the building administrator
finds that any sign is maintained in violation of the,provisions
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of this title,;he shall give
certified mail to the owner
the sign or the owner of the
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written notice'of the violation by
or person entitled to possession of
property where the sign is located.
(b). Failure to, Comply-Town Abatement: If the person
fails to alter or remove the sign so.as'to comply with this title
within fifteen days after the receipt of.the notice, the building
administrator may cause the sign to be altered or removed at the
expense of the owner or person entitledto posses"sion of the pro-
perty or sign,, and shall, upon the determination of the expenses,
certify them to the Town Clerk.
(c) Lien: The Town Clerk shall notify the owner or
person entitled to possession of the sign or property of the total
costs incurred for the alteration or removal of the sign, and if
that person fails within thirty days after the date,of notificatia
to pay the entire costs and expenses of the repair, alteration or
removal, then the costs and expenses shall become a lien against
the property, and the Town Clerk shall certify them to the County
Treasurer for.collection in the same manner as general property
taxes are collected.
(d) Costs: The amount certified by the Town Clerk to
the County Treasurer for collection shall include the actual cost
of repair or removal of the sign plus fifteen percent and in
addition thereto shall include an amount equal to ten percent,
representing penalty and interest for the cost of collection.
(e) Maintenance required-Enforcement: All signs in
the Town shall be properly maintained at all times to the satis-
faction of.the Design Review Board. The Board shall have the
authority to order the painting, repair, or removal of a sign and
accompanying landscaping which.constitutes a hazard to safety,
health or public welfare by reason of-inadequate maintenance,
dilapidation, obsolescense or abandonment. Their decision shall
be subject to review by the Town Council in accordance with the
provisions of Ordinance No. 9, Series of 1978. Notification shall
be by certified mail. If, within fifteen days, the maintenance
orders are not complied with, the building administrator may order
the sign removed at the owner's expense under the provisions of
Sections (a) through (e) hereof.
Section 6. Exempted Sims: All signs listed herein
low shall be exempt from this regulation:
(a), All signs located on public rights-of-way or land
used for regulatory or information purposes.-
(b) All fine art.
(c) Signs on trucks, trains, automobiles, airplanes
and other vehicles that are in working condition and not,placed in
a specific location on regular basis for the purposes of'evading-
sign regulations, provided that the surface area is not increased
for the display of signs.
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(d) Holiday and religious decorations used for specific
celebration purposes and displayed on a temporary basis and not
used for commercial purposes.
(e) One political, special event, or temporary sign per
lot not to exceed 6 square feet-Any temporary sign may remain in
place no longer than three days.
(f) Window Sign - two square feet of window area for
the display of hours of operation, credit card information, and
similar general information items not including advertising.
(g) A residential sign not to exceed three square feet
in area.
(h) Directional signs, provided that the total area of
each sign shall not exceed,four square feet in areashall not
exceed five feet -in height, and shall be reasonable in number and
location in light of their function.
Section 7. Variances:. The.Design Review Board shall
have authority to grant variances from this regulation provided
the same are minor and undue hardship would otherwise result.
Section-8. Construction Code. The Uniform Building
Code and the codes incorporated therein shall be used'in deter-
mining use of materials and construction methods in-the erection
or placement of signs. No sign shall be placed unless and until
construction plans,have been approved-by the Design Review Board
and-a building permit,issued by the Building Administrator unless
the sign is exempted herein.
Section.9. Penalties. Any person, firm or corporatioi
violating any of the provisions 'of this Ordinance shall be deemed
guilty of a violation,of this Ordinance, and any such person, firm
or corporation shall be deemed guilty.,of a separate offense for
each and every day or portion thereof during which any violation
is 'committed, continued or permitted, and upon convict ,ioncf any
such violation, such person, firm or corporation shall be punished
by a fine of not more than $300.00 or by'imprisonment for not more
than 90 days, or by both such fine and imprisonment.
Section 10. Saving Clause. If any part, section,
subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the
validity of-the remaining sections of this Ordinance;.:the_Town'
Council hereby declares that it would have-,passed this Ordinance
in each part, section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that.-any one or more parts,
sections, subsections, sentences, clauses or phrases be declared
to be invalid.
INTRODUCED, PASSED ON F RST READING, APPROVED AND
FRED POSTED, this 1..3-1~74 day of , 1981 and a public
ring on this Ordinance shall b held a the regular meeting
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of the Town Council of the Town of Avon; Colorado, on the o? ,day
of , 1981; at 7:30 P.M. in the Municipal Offices of the
To
TOWN OF' AVON
By.
INTRODUCED, PASSED ON SECOND READING,~APPROVED, AND
ORDERED POSTED ONCE IN FULL, this day of -1981.
This Ordinance will-become effective on,
1981.
ATTEST:
Patricia J. Do e, Tow Clerk
WEST :
Patricia J. DoVte, Town Clerk
TOWN 0 F AVON
r
By
'
Anjelo• V/'Alpi, Mdy
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STATE OF COLORADO )
COUNTY OF EAGL 2 ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 24TH DAY OF
JANUARY, 1981 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE N0.#81-1, SERIES OF 1981:
AN ORDINANCE ADOPTING A SIGN CODE FOR THE TOWN OF AVON; PROVIDING
DEFINITIONS AND REGULATIONS; ESTABLISHING A PERMIT SYSTEM PROVIDING
PENALTIES FOR VIOLATION THEREOF; AND SETTING OUT ADDITIONAL DETAILS
IN RELATION THERETO.
A copy of said Ordinance is attached hereto and is also on file
at the office of the Town Clerk and may be inspected during regular
business hours.
Following this hearing, the Council may consider final passage of
this Ordinance.
This notice given and published by order of the.Town Council of
the Town of Avon, Colorado.
Dated this 14th day of January, 1981.
PUSTED AT THE 1'ULLUw114U YUBLIL; YL lur z> VVITM.114 Tnh TUMN Ur- HVUN
ON JANUARY 14th, 1981.
NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE,
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL,
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
TOWN OF AVON