Sec. 7.5. Applicability and exceptions.
1. Applicability of article.
a. Generally. All construction, relocation, enlargement, alteration, and modification of signs within the Town shall conform to the applicable requirements of this Article. This Article applies only to signs that are integrated into, attached to, installed upon, or set upon the ground, a structure, landscaping, or a building, or installed within a building within two (2) feet of a window. This Article does not apply to signs that are affixed to or painted on vehicles (except as provided in Section 7.7(3)(f)) or to signs that are carried by people.
b. Signs permitted before effective date. If a permit for a sign has been issued in accordance with applicable Town ordinances in effect prior to the effective date of this Article, and provided that construction is commenced pursuant to the permit within six (6) months of the effective date of this Article or prior to the expiration of the permit, whichever occurs first, and is diligently pursued to completion, said sign may be completed in accordance with the approved plans on the basis of which the permit has been issued. The sign may be thereafter subject to the provisions of Section 7.19 regarding nonconforming signs, if Section 7.19 is applicable.
2. Other regulations.
a. In addition to the regulations set out in this Article, signs may also be subject to applicable state laws and regulations (e.g., State of Colorado, Department of Highways, “Rules and Regulations Pertaining to Outdoor Advertising,” effective January 1, 1984, as may be amended from time to time), federal laws and regulations, and applicable adopted building codes.
b. Where any provision of this Article covers the same subject matter as other regulations of the Town, the more restrictive regulation shall apply, unless the Town Manager determines after consultation with legal counsel that the more restrictive regulation is clearly unenforceable as a matter of then-established constitutional law.
c. Where any provision of this Article covers the same subject matter as other regulations of the state of Colorado or the United States, the applicant is advised that nothing in this Article shall be construed as a defense to a violation of applicable state or federal law except as provided in the state or federal law; and that the Town is not responsible for enforcement of state or federal law as it pertains to signage.
3. Partially exempt signs. The following signs are subject only to Sections 7.7, 7.8, and 7.10, and are exempt from the application of this Article:
a. Public signs. Signs that are posted by:
(1) The Town (or another entity on behalf of the Town) on property owned, leased, licensed, or comparably controlled by the Town (e.g., a right-of-way easement); or
(2) Governmental and quasi-municipal entities that are not subject to Town jurisdiction, on property owned, leased, licensed, or comparably controlled by the governmental or quasi-municipal entity.
b. Required signs. Signs that are required by law or regulation:
(1) In furtherance of the performance of a public duty or function (e.g., temporary or permanent traffic controls and street signs); or
(2) To give legal notice (e.g., notices of pending action pursuant to Town ordinances or state or federal law); or
(3) To comply with building codes (e.g., address numbers); or
(4) To comply with other laws or regulations (e.g., Colorado Oil and Gas Conservation Commission Rule 210).
c. Small signs.
(1) Signs that are affixed to a building or structure, that do not exceed two (2) square feet in sign area; provided, that only one (1) such sign is present on each elevation that is visible from public rights-of-way or neighboring property; and
(2) Signs that are less than three-fourths (3/4) of a square foot in area that are affixed to doors, machines, equipment, fences, gates, walls, gasoline pumps, public telephones, or utility cabinets; provided, that the aggregate area of such signs that are located within twelve (12) feet of each other does not exceed three (3) square feet.
4. Sign permit required. A sign permit is required prior to the erection, installation, or substantial modification of any sign that is not an exempt sign as defined in Subsection (5) of this Section.
5. Exemptions from permit requirement. The following “exempt signs” are not exempt from applicable provisions of this Article, but are exempt from the requirement of Subsection (4) of this Section that a sign permit be obtained prior to erection, installation, or substantial modification. Exempt signs may require a building permit or other related permit if they are subject to a building or electrical code.
a. Optional residential signs. One (1) wall sign, painted on, applied to, or affixed to a residential building on its front elevation; provided, that the sign does not exceed five (5) square feet in sign area.
b. Optional storage tank and utility cabinet or pedestal signs. Signs painted on or applied to the surface of above-ground storage tanks or utility cabinets or pedestals; provided, that the above-ground storage tanks or utility pedestals are currently in use for storage or utility purposes, respectively.
c. Flags. Flags that are hung from not more than three (3) rigid, building-mounted or ground-mounted flagpoles per one hundred (100) feet of street frontage; provided, that:
(1) No flag exceeds thirty-two (32) square feet in area.
(2) No flagpole exceeds the maximum building height for the zoning district in which it is located.
d. Holiday decorations. Decorations and signs that are clearly incidental, customary, and commonly associated with a holiday.
e. Interior signs. Signs that are not visible from residential lots, abutting property, or public rights-of-way.
f. Temporary signs. Temporary signs that are in compliance with the applicable requirements of Part 4 of this Article. (Ord. 1216 §1 (Exh. A), 2016)