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TC Ord. No. 1986-03ORDINANCE NO. 86-3 SERIES OF 1986 AN ORDINANCE REPEALING THE SIGN CODE FOR THE TOWN OF AVON; REENACTING A SIGN CODE FOR THE TOWN OF AVON; PROVIDING DEFINITIONS AND REGULATIONS; ESTABLISHING A SIGN CODE ADMINISTRATOR; ESTABLISHING A PERMIT SYSTEM; PROVIDING PENALTIES FOR VIOLATION THEREOF; AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO. WHEREAS, the Town Council of the Town of Avon finds that it is necessary to coordinate the type, placement, and physical dimensions of signs to promote the public health, welfare, peace, and safety; and WHEREAS, the Town Council of the Town of Avon finds that it is necessary to establish sign guidelines, design regulations, and a sign code administrator in order to promote the foregoing and for the protection of the public health, welfare, peace, and safety. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, STATE OF COLORADO, THAT: Section 1. Chapter 15.28 of the Municipal Code of the Town of Avon- is hereby repealed and reenacted to read as follows: Chapter 15.28 SIGN CODE Sections: 15.28.010 15.28.020 15.28.030 15.28.040 15.28,050 15.28.060 15.28.070 15.28.080 15.28.090 15.28.100 15.28.110 15.28.120 Short Title Definitions Prohibited Signs Exempted Signs Sign Code Administration Sign Design Guidelines Design Review Criteria Sign Allowance Maintenance, Variances, Liability Not Relieved Penalties Captions Construction Code 15.28.010 Short Title. This chapter shall be known as, and may be cited as, the "Sign Code of the Town of Avon". 15.28.020 Definitions. A. "Building front" means the lineal distance from out- side to outside of a structure or portion of a structure housing a particular business or businesses directly adjacent to a street or public mall serving the property. A building will be considered to have only one building front, unless otherwise approved in conjunc- tion with a Sign Program. -1- B. "Handbill" means a written or printed notice or ad- vertisement, traditionally distributed by hand, but, for the pur- poses of this Chapter, shall also include all such notices or adver- tisements when posted, tacked, or otherwise affixed to poles, posts, or other public fixtures. C. "Individual business lot" means a business located on a separate lot and contained in a single building or area. D. "Joint directory" means a sign which may list tenants in a building, and/or may be used as a guide for persons to the location of an individual or tenant in a complex or building. E. "Lot front" means the total distance along the prop- erty line that is contiguous to a street or public mall serving the property. Only one property boundary may be considered to meet the lot front definition. . F. "Multiple business lot (business center)" means a lot or series of lots, buildings, or units containing separate business- es that are attached or physically related and operated as a group. G. "Reflective surface" means any material or device that has the effect of intensifying reflected light, such as Scotchlight, Dayglo, glass beads, and luminous paint. H. "Sign" means an identification, description, logo, illustration, or device that is affixed to, or represented directly or indirectly upon, a building, structure, or land, and that directs attention to a product, place, activity, person, institution, or business. I. "Sign, area" means the entire surface within a single continuous perimeter enclosing the extreme limits of writing, repre- sentation, emblem., or any figure or a similar character, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against 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 sign area purposes. J. "Sign, business" means a sign that directs attention to a business, profession, service, product, activity, or entertain- ment, sold or offered upon the premises where such sign is located. K. "Sign, component" means a sign that is composed of more than one individual sign, on a common background or structure. L. "Sign, development" means a sign with the intent to identify a proposed project or project under construction, or poten- tial development on vacant land. M. "Sign, directional" means a sign that is located on the property to which it relates, and that only gives direction and information for traffic (pedestrian and vehicular) control. N. "Sign, free-standing" means a single or multi-faced sign affixed to a supporting structure, or embedded in and extending from the ground, or detached from the building. Allowable size may include supporting structure. 0. "Sign, home occupation" means a sign that advertises a home occupation in a residence. -2- • 11 P. "Sign, illuminated" means any sign designed to give forth any artificial light, or designed to reflect such light from an artificial source. Q. "Sign, indirectly illuminated" means any illuminated sign for which illumination is derived entirely from an external, artificial source. R. "Sign, kiosk" means a free-standing, permanent struc- ture that contains a sign or signs that serve and relate to exclu- sively pedestrian areas. S. "Sign, commercial lot entrance" means a sign that is placed at an entrance to a commercial lot, that identifies the pri-.. mary vehicular entrance. Sign may include the name of the property or business, in addition to directional information. T. "Sign, political" means a sign that advertises or re- fers to persons or issues involved in official elections. U. "Sign, portable" means 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. V. "Sign Program" means a comprehensive, narrative descrip- tion of allowed sign types, and scaled drawings of any building, lot, parcel, collection of parcels, or other premises, showing the number, size,description, color, materials, and location of all signs thereon. W. "Sign, projecting or hanging" means any sign attached to a building and extending, in whole or in part, more than eight (8) inches. Allowable size does not include supporting structure. X. "Sign, public" means a sign, located within a right- of way of a public street or road, that gives direction or informa- tion for a public use area including parks, schools, churches, public meeting rooms, fire stations, hospitals, government buildings, or other public places or activities. Y. "Sign, real estate" means a sign for the intended pur- pose of selling, leasing, or renting property. Z. "Sign, residential project entrance" means any sign that identifies a subdivision or residential building or buildings. AA. "Sign, temporary" means any sign, banner, pennant, or other device that directs persons to a special event, location, or offering, that is not permanent in nature. BB. "Sign, wall" means any sign painted on, or attached parallel to, the wall facing of a building and projecting not more than eight (8) inches. CC. "Sign, window" means a sign affixed on, or located within thirty-six (36) inches of, the interior surface of a window fronting a public way. 15.28.030 Prohibited Signs. The following signs shall not be permitted, erected, or maintained in the Town of Avon: A. Signs that incorporate projected images, emit any sound that is intended to attract attention, or involve the use of live animals; -3- • B. Signs not permanently affixed or attached to the ground or to any structure, except for window signs, temporary bar- riers utilized for emergency purposes, and temporary signs, in accord- ance with this Code; C. Any sign or structure that: 1. in any way obstructs the view of, may be confused with, or purports to be, an official traffic sign, signal, or device, or any other official sign; or 2. creates in any other way an unsafe distraction for motor vehicle operators; or 3. obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, pri- vate driveway, or other thoroughfare; or 4. is unsafe, or constitutes a hazard to safety or health for any reason; or 5. is not kept in good repair. D. Any sign that obstructs free ingress to, or egress from, a required door, window, fire escape, or other required exit way; E. Off-premises advertising signs; F. Any sign not pertinent and clearly incidental to the permitted use on the property where located; G. Any sign that is in violation of any county, state, or federal regulation; H. Distribution of "handbill" advertisements placed on autos, poles, buildings, etc., not authorized by the Town of Avon; I. Private signs in the public right-of-way; J. Any prohibited, illegal, or nonconforming sign, as de- fined herein. 15.28.040 Exempted Signs. The provisions of this title shall not apply to the following signs: A. Memorial signs or tablets, not exceeding two (2) square feet of total area, and permanently attached to the building, listing name of building and date of erection; B. Official governmental notices, notices posted by governmental officers in the performance of their duties, governmen- tal signs to control traffic, to identify streets, to warn of danger, or for other purposes; C. Temporary decorations or displays when they are clearly incidental to, and are customarily and commonly associated with, any national, local, or religious holiday or celebration, provided that such decorations are maintained in an attractive condition and do not constitute a fire hazard, as determined by the Administrator;, D. Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines, and similar devices; -4- 0 0 E. Any sign located in the Town of Avon, currently main- tained in satisfactory condition, that was approved and erected under previous regulations, unless it is determined to be nonconform- ing or illegal as hereinafter defined; F. The use or operation of nonconforming or illegal signs shall be terminated as follows: 1. By Obsolescence - At such time as any sign becomes obsolete. A sign becomes obsolete with the discontinuance of the business, service, or activity that it advertises; removal of the business or activity from the location to which it directs; or for other similar reasons provided, however, that this provision shall not apply to seasonal closings. 2. By Abandonment. Abandonment of a nonconforming sign shall terminate immediately the right to use or operate such sign. 3. By Destruction, Damage, or Alteration. The right to continue use or operation of any nonconforming sign shall termin- ate whenever the sign is altered in any way, or damaged or destroyed by more than fifty (50) percent of its replacement value. 4. By Violation of this Title. Any violation of this title shall terminate immediately the right to continue a nonconform- ing sign. 5. By Condemnation. The Town Council may choose to condemn a nonconforming sign. Recommendations for condemnation may be made by the Planning and Zoning Commission 6. By Amortization. The right to continue to use or operate a nonconforming sign shall terminate five (5) years after the effective date of the ordinance codified in this title or the annexation of the area in which the sign is located to the Town. 15.28.050 Sign Code Administration. A. Establishment of Sign Code Administrator B. Application and Approvals Required C. Application Procedures A. There is hereby established a Sign Administrator of the Town of Avon, to be a member of the Town staff, appointed by the Town Manager, designated to administer and enforce this title. B. Applications that Require Review by the Planning and Zoning Commission: 1. Application for design review approval of a sign shall be made in accordance with the Procedures, Rules, and Regula- tions of the Planning and Zoning Commission and the Sign Code. Design review of all new buildings or projects shall include design review of all proposed signs or a Sign Program. 2. In the case of multiple businesses on a lot, or a business center including more than one business under separate lease, the applicant shall submit a Sign Program for signing of the entire building, buildings, or business center. Upon approval of such a Sign Program by the Planning and Zoning Commission, and upon determination by the Sign Administrator that an individual sign complies with the Program, an installation permit for that sign shall be approved by the Sign Administrator. -5- 9 0 C. Application Procedures: Sign Installation Permit Required. A sign installation permit shall be required, prior to the placing, erecting, moving, re- constructing, altering, or displaying of any sign within the incor- porated limits of the Town of Avon, unless expressly exempted by the provisions of this Code. Application, and appropriate installation permit fees, as determined in accordance with current Uniform Building Code fee struc- ture, shall be filed with the Sign Administrator by the owner of the building or his/her authorized agent. Said applications shall contain, or have attached thereto, the following information: 1. the name and address of the owner or other person in control or possession of the real property upon which the sign is to be constructed, erected, operated, used, maintained, posted, or displayed; 2. the name of the person, firm, corporation, or association erecting the structure, the total area of the proposed sign, in square feet, and the height of the proposed sign structure from ground level; 3. the legal description of the property upon which said sign is to be located; 4. the type of sign (i.e. free-standing, hanging, projecting, etc.); 5. the proposed location of the sign on the property identified, and the location and total surface area of all other per- mitted signs existing on the property or buildings; 6. scale, containing of construction a 7. and letter/figure illumination; three (3) copies of detailed drawings, drawn to complete plans and specifications to show methods ad anchoring to building or ground; the sign elevation, which must indicate overall dimensions, colors, materials, proposed copy, and 8. a site plan, which must indicate all signs exist- ing or proposed for the site, with dimensions, colors, materials, copy, illumination, and required landscaping; 9. building elevation, with sign depicted. 15.28.060 Sign Design Guidelines. A. Harmonious with Town Scale B. Harmonious with Building Scale C. Materials D. Architectural Harmony E. Landscaping F. Reflective Surfaces G. Lighting H. Location A. Harmonious with Town Scale. Sign 1"ocation, configura- tion, design, materials, and colors should be harmonious with the existing signs on the structure, with the neighborhood, and with the townscape. B. Harmonious with Building Scale. The sign should be harmonious with the building scale, and should not visually dominate the structure to which it belongs or call undue attention to itself. -6- C. Materials. Quality sign materials, including anodized metal; routed or sandblasted wood, such as rough cedar or redwood; interior-lit, individual plexiglass-faced letters; or three dimen- sional individual letters with or without indirect lighting, are en- couraged. Sign materials, such as painted plywood, interior-lit box-type plastic, and paper or vinyl stick-on window signs are dis- couraged, but maybe approved, however, if determined appropriate to the location, at the sole discretion of the Commission. D. Architectural Harmony. The sign and its supporting structure should be in harmony architecturally, and in harmony in color with the surrounding structures. E. Landscaping. Landscaping is required for all free- standing signs, and should be designed to enhance the signage and surrounding building landscaping. 1. A minimum of five (5) lineal feet out from, and around the perimeter of, the sign shall be landscaped. F. Reflective Surfaces. Reflective surfaces are not allowed. G. Lighting. Lighting should be of no greater wattage than is necessary to make the sign visible at night, and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon tubing, should not be directly visible to passing pedes- trians or vehicles, and should be concealed in such a manner that direct light does not shine in a disturbing manner. H. Location. On multi-story buildings, individual busi- ness signs shall generally be limited to the ground level. 15.28.070 Design Review Criteria. The Planning and Zon- ing Commission shall consider the following items in reviewing pro- posed designs: A. the suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; B. the nature of adjacenL_ and neighboring improvements; C. the quality of the materials to be utilized in any proposed improvement; D. the visual impact of any proposed improvement, as view- ed from any adjacent or neighboring property; E. the objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired; F. whether the type, height, size, and/or quantity of signs generally complys with the Sign Code, and are appropriate for the project; G. whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the de- termined orientation. -7- • 0 15.28.080 Sign Allowance. Signs are permitted as follows: A. Individual Business Lot Sign. Sign or Signs shall not exceed one square foot of sign area per lineal foot of building front for the first thirty-two (32) feet, and 1/3 square foot of sign area per lineal foot of building front in excess of thirty-two (32) feet. Total sign area for the individual business lot shall not exceed a maximum area of sixty-four (64) square feet, unless ap- proved as part of a Sign Program by the Planning and Zoning Commission. B. Multiple Business Lot Signs. 1. Total building or project identification sign area shall not exceed one square foot per lineal foot of building front for the first thirty-two (32) feet, and 1/3 square foot per lineal foot of building front in excess of thirty-two (32) feet. Total building or project identification sign area shall not exceed a maxi- mum of sixty-four (64) square feet, unless approved as part of a Sign Program by the Planning and Zoning Commission. 2. In addition to building or project identification signs, each individual ground-level business shall be permitted four (4) square feet of sign area in pedestrian oriented locations, or twelve (12) square feet of sign area in vehicular oriented locations. The Planning and Zoning Commission shall make the determination with regard to orientation and location. 3 Total sign allowance for a multiple business lot project may be increased and/or reapportioned by a Sign Program ap- proved by the Planning and Zoning Commission. C. Multiple Signs. More than one sign may be permitted, in writing, by the Commission, provided the total sign area does not exceed the total allowed for the lot or building. D. Kiosks. Kiosks shall be located only in exclusively pedestrian oriented areas. The display area shall not exceed six (6) feet in height, and shall not exceed four (4) feet in any horizontal direction. E. Window Signs. Window signs are permitted, provided that no more than twenty-five (25) percent of the exterior window area is covered by signs, and further provided that the wording thereon is not repetitious of other signs in the immediate vicinity. Window signs conforming with this criteria may be approved by the Sign Admin- istrator without review by the Planning and Zoning Commission. F. Home Occupation Signs. Home occupation signs are per- mitted, provided that: 1. there be only one sign per residence; 2. no sign shall exceed two (2) square feet; 3. the home occupation has been approved in accord- ance with Town of Avon regulations. G. Component Signs. Component signs are permitted, pro- vided that the total area does not exceed the permitted maximum for any building or lot calculated cumulatively with all other signs. H. Development Signs. Development signs are permitted, provided that: 1. only one sign per parcel, lot, or group of con- tiguous lots under one ownership, not to exceed sixteen (16) square feet of display area and eight (8) feet in height; -8- • i 2. signs must be removed within thirty (30) days of land sale or upon issuance of a Certificate of occupancy; 3. in no case may a sign be retained for more than two (2) years, unless an extension is granted by the Planning and Zoning Commission. I. Real Estate Signs. Real estate signs are allowed, as follows: 1. Multi-family buildings containing three (3) or more residential units: a. Signs not exceeding two (2) square feet of area may be displayed from inside a window. 2. Single-Family, Duplex, and Vacant Land: a. Only standard signs, of licensed real estate companies, are allowed., b. Sign area shall not exceed six (6) square feet per side. C. No more than one sign, per tract of land under single ownership, may be displayed. 3. Real estate signs meeting the above criteria may be installed without review or permit. Proposed real estate signs not meeting the above criteria shall be considered under regulations for Development Signs. J. Residential Project Entrance Signs. Residential project entrance signs are permitted, provided that: 1. one sign, located adjacent to the primary entrance, not to exceed thirty-two (32) square feet in area and eight (8) feet in height; 2. one sign per secondary entrance, not to exceed six- teen (16) square feet in area and eight (8) feet in height. K. Political Signs. Political signs are permitted, pro- vided that: 1. sign shall not be installed more than ninety (90) days before the election or event to which it relates; 2. signs shall be removed within ten (10) days follow- ing the election or event to which they relate; 3. no permit or approval shall be required if the above conditions are met. L. Lot Entrance Signs. Lot entrance signs are permitted, provided that: 1. a maximum of one sign per entrance is permitted; 2. sign shall not exceed five (5) feet in height and four (4) square feet of display area. M. Temporary Signs. Temporary signs are permitted, pro- vided that: 1. one temporary sign, with a maximum size of sixteen (16) square feet, is allowed to remain in place for not more than one week for any one event; 2. temporary signs may be displayed for only one event in any 120 day period; 3. the Sign Administrator may issue a permit for a temporary sign meeting this criteria without Planning and Zoning Com- mission review. -9- 0 • N. Joint Directory Signs. Joint directory signs are per- mitted, provided that: 1. sign area for individual tenants shall not exceed one square foot; square feet. 2. total sign area shall not exceed twenty-five (25) 0. Free-Standing Signs. Free-standing signs will general- ly be allowed only in vehicular oriented areas. No free-standing sign shall exceed twenty (20) feet or the height of the highest build- ing on the lot, whichever is less. P. Setback Limitation. Free-standing signs shall be set back at least ten (10) feet from all lot lines. Q. Sign Programs. Sign Programs are encouraged for all projects, and are required as a part of the design review process for all proposed projects. Sign Programs shall be in accordance with: 1. Sign Programs shall be compatible with the site and building, and should provide for a similarity of types, sizes, styles, and materials for signs within a project. Several alterna- tives for signage should be included in the program so as not to be so restrictive as to eliminate individuality. 2. Sign Programs may be proposed or changed only by the owners of the building or the owners association. Sign Program changes or proposals may not be made by an individual business. 3. Proposed signs, not in accordance with an,approved Sign Program, will only be considered by the Planning and Zoning Com- mission upon receipt of written evidence that the proposed sign is acceptable to the owners of the building or the owners association. 4. All Sign Programs shall be in written and plan form. Plans shall indicate size, location, type, and number of signs for the site and buildings. 5. Programs may include limitations on wording, colors, design, lighting, materials, and other restrictions, as deemed appro- priate by the applicant. 6. The Planning and Zoning Commission shall have dis- cretionary powers in approving a Sign Program. The Commission may approve Sign Programs allowing up to fifty (50) percent increases in sign areas or heights without requiring a variance request. 15.28.090 Maintenance, Variances, Construction Code. A. Sign Maintenance, B. Variances C. Construction Code Repair, and Removal A. Sign Maintenance, Repair, and Removal. 1. Violation - Notice. If the Sign Administrator finds that any sign is maintained in violation of the provisions of this Code, said Administrator shall give written notice of the vio- lation, by certified mail, to the owner or person entitled to posses- sion of the sign, or the owner of the property where the sign is located. -10- • • 2. Failure to Comply - Town Abatement. If the person fails to alter or remove the sign so as to comply with this Code within fifteen (15) days after receipt of the notice, the Sign Admin- istrator may cause the sign to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, and shall, upon determination of the expenses, certify them to the Town Clerk. 3. 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. If that person fails, within thirty (30) days after the date of notification, 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 Treasur- er for collection in the same manner as general property taxes are collected. 4. 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 (15) percent, and, in addi- tion thereto, shall include an amount equal to ten (10) percent, re- presenting penalty and interest for the cost of collection. 5. Maintenance Required - Enforcement. All signs in the Town of Avon shall be properly maintained, to the satisfaction of the Planning and Zoning Commission, at all times. The Commission shall have the authority to order the painting, repair, or removal of a sign, and accompanying landscaping, that constitutes a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. Their decision shall be subject to review by the Town Council, in accordance with the provi- sions of Ordinance No. 9, Series of 1978. Notification shall be by certified mail. If, within fifteen (15) days, the maintenance orders are not complied with, the Sign Administrator may order the sign re- moved, at the owner's expense, under the provisions of subsections 1 through 4 of this section. B. Variances. 1. Purpose. The Planning and Zoning Commission shall have authority to grant variances from this regulation to prevent or lessen such practical difficulties and unnecessary physical hardships, inconsistent with the objectives of this title, as would result from strict or literal interpretation and enforcement. 2. Approval Criteria. Before acting on a variance re- quest, the Planning and Zoning Commission shall consider the follow- ing factors: a. the relationship of the requested variance to existing and potential uses and structures in the vicinity; b. the degree to which relief from the strict or literal interpretation and enforcement of a speci- fied regulation is necessary to achieve compatibil- ity and uniformity of treatment among sites in the vicinity; C. such other factors and criteria as the Commis- sion deems applicable to the requested variance. 3. Findings Required. The Planning and Zoning Commis- sion shall make the following findings before granting a variance: a. That the granting constitute a grant of with the limitations vicinity; of the variance will not special privilege inconsistent on other properties in the -11- b. That the variance is warranted for one or more of the following reasons: i. The strict or literal interpretation and enforcement of the regulation would result in prac- tical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; ii. There are exceptional or extraordinary cir- cumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity; iii. The strict or literal interpretation and enforcement of the specified regulation would de- prive the applicant of privileges enjoyed by the owners of other properties in the vicinity. 4. Conditional Granting. The granting of a variance may be conditioned on action by the applicant. 5. Planning and Zoning Commission Action. Within seven (7) days following action by the Planning and Zoning Commission, the written findings and decision shall be transmitted to the appli- cant and to the Town Council. Such decisions shall be final unless, within seven (7) days of receipt of the decision, an appeal is filed with the Town Council, by the applicant, the Town Attorney, or any interested party. At its next regularly scheduled meeting following receipt of an appeal, the Council shall consider the action of the Planning and Zoning Commission, and may confirm, modify, or reverse the Commission's decision. The Council shall act in accordance with the same criteria, and shall make the same findings as prescribed above, before granting a variance. The action of the Council shall become final immediately. C. Construction Code. The Uniform Building Code, and the Codes incorporated therein, shall be used in determining the use of materials and construction methods in the erection or placement of signs. No sign shall be placed unless or until construction plans have been approved by the Planning and Zoning Commission, and a build- ing permit has been issued by the Sign Administrator, unless the sign is exempted herein. 15.28.100 Liability Not Relieved. The provisions of this title shall not be construed as relieving, or limiting in any way, the responsibility or liability of any person, firm, or corporation erect- ing or owning any signs from personal injury or property damage result- ing from the placing of the sign, or resulting from the negligence or willful acts of such person, firm, or corporation, his or its agents, employees, or workmen, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this title; nor shall it be construed as imposing upon the Town, its officers, employees, or the Planning and Zoning Com- mission, any responsibility or liability by reason of the approval of any signs, materials, or devices under the provisions of this title. 15.28.110 Penalties. Any person, firm, or corporation vio- lating any of the provisions of this Code shall be deemed guilty of a violation of this Code, and any such person, firm, or corporation shall be deemed guilty of a separate.offense for each and every day, or por- tion thereof, during which any violation is committed, continued, or permitted. Upon conviction of any such violation, such person, firm, or corporation shall be punished by a fine of not more than three hundred (300) dollars, or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. 15.28.120 Captions. The captions and paragraph headings used throughout this chapter are for the convenience of reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify, or add to the interpreta- tions, construction, or meaning of any provision to, or the scope of intent of, this chapter. -12- 0 • Section 2. Severability. 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 re- maining sections of this Ordinance. The Town Council hereby declares that it would have passed this Ordinance in each part, section, sub- section, sentence, clause, or phrase thereof, respective of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Avon, Colorado: INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 14th day of January , 1986, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 28thday of January 1986, at 7:30 p.m., in the Municipal Building of the Town of Avon, Colorado. <::~E 7x,6~t Allan ottingham, ayor t. ~';i~ ~ - a i, - atricia J. D e, 4o_Vn_:C~Lrk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, THIS 28th day of January , 1986. Al an R. Notting a 7i Mayor -13- E STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) 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 28TH DAY OF JANUARY, 1986, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO, FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 86-3, SERIES OF 1986: AN ORDINANCE REPEALING THE SIGN CODE FOR THE TOWN OF AVON; REENACTING A SIGN CODE FOR THE TOWN OF AVON; PROVIDING DEFINITIONS AND REGULATIONS; ESTABLISHING A SIGN CODE ADMINISTRATOR; 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 the Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 14th day of January 1986. TOWN OF AVON, COLORADO BY POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 14 , 1986: THE MAIN ENTRANCE OF THE POST OFFICE THE MAIN ENTRANCE TO CITY MARKET THE-PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY