[Added 2-20-1980 by Ord. No. 367; amended 11-20-2000 by Ord. No. 444]
A.Â
Title. These regulations shall be known as the "City
of Breckenridge Sign Code" and may be cited as such and will be referred
to herein as "this article."
B.Â
Purpose and scope. The purposes of this sign article
is to encourage the orderly and effective use of signs as a means
of communication in the City of Breckenridge; to maintain and enhance
the aesthetic environment of the City; to provide minimum standards
to safeguard life, health, property and public welfare by minimizing
the possible adverse effects of signs on both public and private property;
and to enable the fair and consistent enforcement of these sign restrictions.
The sign article is adopted under the authority of the City in furtherance
of the more general purposes set forth in the Zoning Ordinance.[1]
C.Â
Applicability. A sign may be erected, placed, established,
painted, created or maintained in the City only in conformance with
the standards, procedures, exemptions and other requirements of this
article and the provisions of any other lawful ordinance.
A.Â
Definition. Authority to erect or maintain signs allowed
under this article will be granted by the Zoning Administrator, by
means of a sign permit.
B.Â
Required information. Any person desiring a sign permit
shall submit to the Zoning Administrator the following written information:
(1)Â
The name, telephone number and permanent address of
the person desiring the permit.
(2)Â
The location, the legal description as well as the
name and address of the owner of the premises on which the sign is
to be erected and maintained.
(3)Â
The size of the sign's display surface, the material
of which the sign is to be constructed and the nature of the information
to be displayed on the sign.
(4)Â
The proposed location of the sign on the premises.
(5)Â
The total surface area and types of existing signs
on the premises.
C.Â
Other information. The Zoning Administrator may require
the filing of plans or other pertinent information where, in his opinion,
such information is necessary to insure compliance with this article.
D.Â
Fees. Fees for sign applications may be included in
these filings as deemed necessary by the Inspector. Fees for sign
permits shall be in conformity with those adopted by resolution of
the City Council.
E.Â
Issuance of permits. The Zoning Administrator may
issue a sign permit if he or she is satisfied that all conditions
have been met and that the sign will be constructed and maintained
in compliance with the law.
F.Â
Temporary permits. Permits for nonpermanent signs
may be issued by the Zoning Administrator for special events, sales
or construction, providing they comply with safety and esthetic guidelines
listed in this article and that they are removed promptly by the date
specified by the permit.
G.Â
H.Â
Enforcement. The Zoning Administrator is hereby authorized
and directed to enforce all the provisions of this article.
I.Â
[1]Variances. To provide reasonable flexibility in the sign
regulation, the City Council may approve a variance for a sign not
otherwise permitted by these regulations where such exception would
not be inconsistent with the legislative intent and objectives of
this chapter.
(1)Â
Procedure. All requests for variances shall be made,
in writing, to the City according to the process outlined in the City
Code, including any fees as determined by Council from time to time.
All information required when applying for a sign permit as outlined
herein shall be required before the request for a variance may be
considered by the City Council.
[1]
Editor’s Note: Former Subsections I, Violations, and
J, Penalties, were repealed 6-5-2017 by Ord. No. 494. This ordinance
also provided for the redesignation of former Subsection K as Subsection
I.
J.Â
Appeals. In order to provide for reasonable interpretation of the
provisions of this Code, the Planning Commission will act as a Board
of Appeals as provided in the Building Code. Any denial of a sign
request shall be appealable to the Planning Commission.
[Added 6-5-2017 by Ord.
No. 494]
Whenever the following terms appear in this
article, they shall have the meanings assigned to them in this article:
Refers to any major alteration to a sign, excluding routine
maintenance, painting or change of copy of an existing sign.
Signs depicting action or motion, flashing or color changes.
A hood cover which projects from the wall of a building and
of a type which can be retracted, folded or collapsed against the
face of the supporting building. The lowest part of any awning shall
be eight feet above the sidewalk.
Any sign of lightweight fabric or similar material mounted
to a pole or building by a permanent frame at one or more edges.
Any light with one or more beams directed into the atmosphere;
any light with one or more beams that rotate or moves.
A billboard, poster panel, painted bulletin board or other
communications device which is used to advertise products, goods and/or
other services which are not exclusively related to the premises upon
which the sign is located. Billboards include off-premises signs.
Any sign attached to any part of a building as contrasted
to a freestanding sign; any sign which identifies a business or group
of businesses, either retail or wholesale, or any sign which identifies
a profession or is used in the identification or promotion of any
principal commodity or service, including entertainment, offered or
sold upon the premises where such a sign is located.
That portion of any exterior elevation of a building extending
from grade to top of the parapet wall, eves and the entire width of
the building elevation.
The property line at the front of a building in which the
business is located or the location of the main public entrance of
the said building.
Any sign advertising special sales or promotions and allowed
as a temporary sign. These signs shall not exceed 65 square feet in
surface area.
[Added 6-3-2002 by Ord. No. 447]
Any temporary sign which displays the name and/or picture
of an individual seeking election or appointment to a public office
or pertaining to a forthcoming public election referendum or advocating
political views or policies.
Any message or identification which is affixed to a projection
or extension of a building or structure.
Any sign wording, logo, or other representation that directly
or indirectly names, advertises or calls attention to a business,
product service or other commercial activity.
Signs placed at the site of construction identifying the
project or the name of the architect, engineer, contractors, financier
or other involved parties.
An off-premises sign capable of displaying multiple images
in succession that can be electronically changed by removed or automatic
means.
[Added 6-5-2017 by Ord.
No. 494]
Signs erected on a premises or private property which bear
the address and/or name of businesses, institutions, churches or other
uses of an activity, plus directional arrows or information on location.
Any sign containing electrical wiring, but not including
signs illuminated by an exterior light source.
[Added 6-5-2017 by Ord.
No. 494]
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols used as a symbol of government, political subdivision
or other entity.
An illuminated sign upon which a pattern of changing light
illumination where at least a portion of the sign illumination alternates
suddenly between fully illuminated and fully nonilluminated.
[Amended 6-5-2017 by Ord.
No. 494]
Any stationary or portable self-supported sign not affixed
to any other structure; a sign supported by one or more columns, uprights,
or braces in or upon the ground not attached to or forming part of
a building.
The entire bottom of a ground sign is generally in contact
with or in close proximity to the ground and is separate from buildings.
A sign which is erected by a governmental unit for the purpose
of identification in directing or guiding traffic or other municipal
signs, legal notices, railroad crossings signs, danger and such temporary,
emergency or nonadvertising signs as may be approved by the Council.
A sign, generally informational, that has a purpose secondary
to the use of the zone lot on which it is located such as "no parking,"
"entrance," loading only," "telephone" and other similar directives.
No sign with a commercial message legible from a position off the
zone lot on which the sign is located shall be considered incidental.
Any sign giving information to employees, visitors or delivery
vehicles but not containing any advertising or identification.
Any piece or parcel of land or a portion of subdivision,
the boundaries of which have been established by some legal instrument
of record that is recognized and intended as a unit for the purpose
of transfer of ownership.
See "canopy."
A sign indicating the name and address of a building or the
name of an occupant thereof or a practice of a permitted occupation
therein.
Any advertising structure or sign which was lawfully erected
and maintained and which fails to conform to all the applicable regulations
and restrictions of this article.
A sign which carries only advertisements strictly incidental
to a lawful use of the premises on which it is located, including
signs or sign devices indicating the business transacted, services
rendered, goods sold or produced on the premises, name of the business
and name of the person, firm or corporation occupying the premises.
A sign, including the supporting sign structure, which directs
the attention of the general public to a business, service or activity
not usually conducted or a product not usually offered or sold upon
the premises where such a sign is located.
A low wall which is located on a roof of a building will
be know as a "parapet" for the purpose of this article.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menu and sandwich board sign; balloons
used as signs; umbrellas used for advertising; and signs attached
to or painted on vehicles parked and visible from the public right-of-way,
unless said vehicle is used in the normal day-to-day operations of
the business.
[Amended 6-3-2002 by Ord. No. 447]
Any sign other than a wall sign which is affixed to the building
and which extends perpendicularly from the building wall.
A sign with no visible secondary supports.
A business sign located upon a property advertising that
particular property for sale or for rent or for lease.
Any sign located in a district zoned for residential uses
that contains no commercial message except advertising for goods or
services legally offered on the premises where the sign is located,
if offering such service at such location conforms with all requirements
of the zoning ordinance.
The uppermost line of a roof of a building or, in the case
of extended facade, the uppermost height of said facade.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure and extending vertically
above the highest portion of the roof and such that no part of the
sign is separated from the rest of the roof by a space of more than
six inches.
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
to the property line.
Any structure, device, advertising, advertising device or
visual representation intended to attract the attention of the public
for any purpose, including but not limited to symbols, letters, figures,
illustrations, or forms painted or otherwise affixed to a building
or structure; any beacon or searchlight intended to attract the attention
of the public; and any structure or devise designed to border, illuminate,
animate or project a visual representation; provided, however, that
this definition shall not be held to include official notices issued
by any court or public office or officer in the performance of a public
duty and traffic control signs as defined in the Motor Vehicle Act.
That area within the marginal line of the surface which bears
the advertisement or, in the case of messages, figures or symbols
attached directly to the part of the building, that area which is
included in the smallest rectangular or geometric figure which can
be made to circumscribe the message, figure or symbol displayed thereon.
The vertical distance measured from the grade to the top
of a sign.
The supports, uprights, brazing and framework for a sign,
including the sign area.
Nonprofit community or charitable events. Such signs shall
not exceed 65 square feet in surface area.
[Added 6-3-2002 by Ord. No. 447]
A strip of land or way subject to vehicular traffic and pedestrian
traffic and that provides direct or indirect access to property, including,
but not limited to alleys, avenues, boulevards, courts, drives, highways,
lanes, places, roads, terraces, trails or other thoroughfares.
The distance for which a lot line of a zone lot adjoins a
public street, from one lot line intersecting said street to the furthest
distant lot line intersecting the same street.
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Any sign that is used only temporarily and is not permanently
mounted.
Any sign attached parallel to but within six inches of a
wall painted on the wall surface of or erected and confined within
the limits of an outside wall of any building or structure which is
supported by such wall or building and which displays only one sign
surface.
Any sign, pictures, symbol or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale or service that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
A parcel of land in single ownership that is of sufficient
size to meet minimum zoning requirements for area, coverage and use
and that can provide such yards and other open spaces as required
by the zoning regulations.
A.Â
Computation of sign area. The area of a sign shall
be computed to include the entire areas within a single, continuous
perimeter of regular geometric form enclosing the extreme limits of
writing, representation, emblem or any fixture of similar character,
together with any frame or other material or color forming an integral
part of the display or used to differentiate such sign from the background
against which it is placed. Those portions of the supports, uprights
or base of a sign that do not function as a sign shall not be considered
as part of the sign area. If a sign has two parallel faces with identical
copy, such as a freestanding or shingle sign, only one display face
shall be measured in computing sign area.
B.Â
Wind pressure and dead load requirements. All signs
and other advertising structures shall be designed and constructed
to Building Code standards.
D.Â
Signs within street rights-of-way. No sign other than
public or governmental signs shall be erected or temporarily placed
within any street rights-of-way.
E.Â
Obstruction of traffic. No sign, by its location,
color or intensity, shall create a hazard to the safe, efficient movement
of vehicular or pedestrian traffic. No private sign shall contain
words which might be construed as traffic controls, such as "stop,"
"caution," "warning," etc., unless such sign is intended to direct
traffic on the premises.
F.Â
Obstruction of openings. No sign shall be permitted
to physically obstruct any window or door of a dwelling nor any fire
escape, stairway or opening intended to provide ingress or egress
to any building or structure. Signs erected within five feet of an
exterior wall in which there are openings within the area of the sign
shall be constructed of noncombustible material or approved plastics.
G.Â
Attachment to buildings. Signs must be attached to
buildings supporting structures so as to insure maximum secure attachment
to said building and must be constructed in such a way as to not permit
"swaying" caused by wind.
H.Â
Sign maintenance. All signs and sign structures shall
be properly secured, supported, braced and maintained and shall be
kept in a safe, orderly condition. In addition, all parts and supports
shall be properly painted. Any sign or sign structure which is rotted
or unsafe, deteriorated, defaced or otherwise altered shall be repainted
or repaired or replaced by the licensee, owner or agent of the owner
of the property immediately upon notification by the Zoning Administrator.
I.Â
Site upkeep. The owner of the land upon which a sign
is located shall keep grass or weeds and other growth cut and debris
and rubbish cleaned up and removed from the lot on which the sign
is located.
J.Â
Nonconforming signs. Those signs which do not conform
to the regulation herein set forth shall be declared a nonconforming
use and as such may continue to be maintained until taken down, replaced,
destroyed or damaged to the point that reparation would equal 50%
the cost of replacement. The owner of said structure in these instances
shall at that time assume total responsibility for the cost of removal
immediately upon notification by the Zoning Administrator.
K.Â
Exempt signs. The following are exempt signs:
(1)Â
Governmental signs.
(2)Â
Informational or directional signs less than four
square feet in area with no more than 25% containing the business
or institutional name.
(3)Â
Real estate signs less than eight square feet in area
erected on and advertising a parcel for sale.
(4)Â
Campaign signs less then eight square feet in area.
L.Â
Future uses. One sign up to 32 square feet announcing
a future use; must not be placed until a permit is issued for the
use and must be removed within 15 days of completion of main building.
M.Â
Neon. All neon on the exterior of the building requires
review by the Planning Commission. Window neon is regulated accordingly:
(1)Â
One sign, maximum four square feet, is permitted,
no Planning Commission approval required, and no restriction on wording.
(2)Â
Multiple signs, and single signs between four and
eight square feet, require Zoning Administrator approval, with wording
of sign limited to business name and/or logo only.
(3)Â
Sign or signs totaling over eight square feet require
Planning Commission approval and are limited to the name of the business
and/or logo only.
N.Â
Illuminated signs. The City reserves the right to
regulate the illumination of any sign in the event that the public
health, safety and general welfare of the citizens of the City of
Breckenridge are adversely affected.
(1)Â
Hours of operation. The City reserves the right to
regulate the hours of operation of illuminated signs as a condition
to a sign permit.
(2)Â
Areas of restriction. No illuminated signs are permitted
in a residential district and no illuminated signs in other districts
shall be directed into a residential area.
O.Â
Advertizing signs. No advertising signs shall be permitted
within 75 feet of any residential district boundary line unless said
sign is completely screened from said district so as not to present
a visual nuisance to homeowners.
P.Â
Traffic visibility. No sign shall be located so that
traffic visibility is affected. On corner lots, no sign shall rise
more than three feet in height above the level of the public sidewalk
in a triangular area, two sides of which are the lines running along
the side street lines between the street intersection and a point
30 feet from the intersection, and the third of which is the line
between the latter two points.
A.Â
Location. These signs shall be located only in the
Highway Business and the Industrial District with the exception of
temporary-special event or business promotions that may be allowed
by permit in the C-2 District.
[Amended 6-3-2002 by Ord. No. 447]
B.Â
Size. Off-premises signs shall not exceed 700 square
feet in area with a maximum height of 35 feet and a maximum width
of 48 feet. Minimum clearance for these signs shall be 12 feet.
C.Â
Spacing. A minimum of 300 feet shall lay between each
sign.
D.Â
Setbacks. All off-premises signs must be situated
off of property rights-of-way in accordance with the setback requirements
of the zone in which it is situated.
The following are prohibited signs.
A.Â
Signs on private land without the permission of the
owner.
B.Â
Signs on trees, shrubs and fences or which are painted
or drawn upon rocks or natural features or on public utility poles.
C.Â
Signs on any right-of-way of public highways, except
as otherwise provided by law or allowed by the Zoning Administrator.
D.Â
Flashing or strobing sign. An illuminated sign upon which a pattern
of changing light illumination where at least a portion of the sign
illumination alternates suddenly between fully illuminated and fully
nonilluminated.
[Amended 6-5-2017 by Ord.
No. 494]
E.Â
Signs which are structurally unsafe, in disrepair
or are abandoned.
F.Â
Signs painted on or attached to any motorized vehicle
or trailer on a public right-of-way, public property or on private
property which provides the advertisement of products, services or
directs people to a business location.
G.Â
Any sign which contains or consists of banners, pennants,
large balloons or inflatables, ribbons, streamers, strings of lights,
spinners or similar devices with the exception of those for which
a temporary permit has been permitted.
H.Â
Street banners which are thrust over public property
unless such banners are for civic purposes and are approved by the
City.
I.Â
Rotating, swinging or signs designed to create an optical illusion
of movement by means of a design giving the illusion of motion or
changing of copy, including, without limitation, a sign that presents
a pattern capable of reversible perspective.
[Amended 6-5-2017 by Ord.
No. 494]
J.Â
Roof signs.
K.Â
Unauthorized sign on public property. A sign placed on any curb,
sidewalk, post, pole, hydrant, bridge, tree, or other surface located
on public property or on a public easement, unless said sign is specifically
authorized by this article.
[Added 6-5-2017 by Ord.
No. 494]
|
Type of Sign
|
Maximum Size
| |||||||
|---|---|---|---|---|---|---|---|---|
|
Zoning District
|
Pylon
|
Ground
|
Building
|
Pylon/
Ground
|
Building
| |||
|
All residential
|
0
|
1
|
or
|
1
|
0
|
2
| ||
|
Central Business
| ||||||||
|
Single occupancy
|
1
|
or
|
1
|
1
|
60 square feet
|
40%*
| ||
|
Multiple occupancy
|
1
|
or
|
1
|
1/OCC
|
60 square feet
|
40%*
| ||
|
Highway Business
| ||||||||
|
Single occupancy
|
1
|
or
|
1
|
1
|
200 square feet
|
20 square feet
| ||
|
Multiple occupancy
|
1
|
or
|
1
|
1/OCC
|
200 square feet
|
20 square feet
| ||
|
Industrial
| ||||||||
|
Single occupancy
|
1
|
or
|
1
|
2
|
200 square feet
|
50 square feet
| ||
|
Multiple occupancy
|
1
|
or
|
1
|
2/OCC
|
200 square feet
|
50 square feet
| ||
|
NOTES:
*The formula for figuring the sign area shall
be 40% of the frontage surface area of the building. The surface area
shall be measured as the frontage of the building times a statutory
height of 10 feet.
| ||||||||
[Added 6-5-2017 by Ord.
No. 494]
A.Â
It shall be unlawful for any person, firm, or corporation to erect,
construct, enlarge, alter, repair, move, remove, convert or demolish,
equip, use or maintain any sign structure in this jurisdiction, cause
or permit the same to be done, contrary to or in violation of any
of the following provisions of the code.
The following shall constitute a violation of this sign code:
B.Â
All violations of this code will be levied an administrative fee
not to exceed $100 per day of the sign in violation, not to exceed
$500, and such other remedies the City may seek.
