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R89-020 adopting Eagle County Sign CodeCommissioner t � moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- IN RE THE MATTER OF AMENDING AND ADOPTING THE EAGLE COUNTY SIGN CODE AS THE SAME ARE INCORPORATED AND MADE PART OF ``R EAGLE COUPTITY LAND USE REGULATIONS 1982, AS AMENDED WHEREAS, t Board of County Commissioners of Eagle, State of Colorado (hereinafter "Board ") , is authorized, pursuant to State enabling legislation including, but not limited to, Sections 30- 28 -101, and 4Z. -2 -139, et seq., C.R.S., to establish and regulate sign code for buildings a d land located on any road constituting a part of the county highway syst for the purpose of pr omoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and = WHEREAS, the Board has adopted such sign codes, which codes have been incorporated into one comprehensive document, included in Chapter II of the "Eagle County Land Use Regulations" pursuant to Resolution No. 52 -25; and WHEREAS, Section 2.11.05 (5) of the Eagle -ounty Land Use Regulations provides for the adoption and amendment of Subdivision regulations by the Board; and WHEREAS, in August, 1958 the Eagle County Department of Community Development, on behalf of the Board, initiated proposed amendments to the sign codes, as the same are incorporated in Chapter II of the Land Use Regulations of Eagle County, and referred such proposed amendments to the Eagle County Planning Commission for its review and comment; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on September 7, 1988 and certified its comments and recommendations with respect to the Board; and WHEREAS, after public notice was given pursuant to law, the Board held a public hearing to consider comments on such proposed amendments on October 11, 1938, in the Board of County Cc:nmissioners' Meeting Room, McDonald Building, Eagle, Colorado; and WHEREAS, the Board, having reviewed all of the evidence, testimony, statements and exhibits subm'_tted at the public hearing, as well as the comments and recommendation of file Eagle County Planning Commission and the Eagle County Department of Community Development, hereby determines that the proposed amendments to the sign code as aaiended, and consistent therewith, to Chapter I! II of the Eagle Cou.Ity Land Use Regu_ations, are necessary and proper for the pro .ect3cr, of the public health, safety, welfare and best interest of the "ounti, Eagle, State of Colorado. 'NOW, THEREFORE, BE IT RESOLVED 'BY THE BOARD OF COUNT`_' COMMISSIO'.•ERS OF THE COTT TY OF EAGLE, `TATE OF COLORADO: '.HAT, in conjunction therewith, the sign codes in Chapter II of the Eagle County Land Use Regulations are hereby amended and adopted as set forty in Exhibit " attached hereto and incorporated herein by this reference. THAT, this amendment and readoption of the sign codes in Chapter II of the Eagle County Land Use Regulations shall not constitute nor be construed as a waiver of any violations existing at the time of a ^option of tins Resolution. HAT, a21 r section, clause, prCV1SiC11, sentence or word of this Resolution, i.lclt:ding the attached Exhibit, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution and the amendmer_ts attached hereto as Exhibit "A" shall be effective immediately upon the execution of this Resolution by the Beard. THAT, the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare OZ the citizens of the County of Eagle, state of Colorado. -2- r 9 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ' day of s z�2natOLt tih 1989, nunc pro tunc October 11, 1988. M X George A. Gates , C ommissioner ommissioner Commissioner l9 4T-e =5 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Donald H. Welch Commissioner Richard L. Gustafson This Resolution passed by UVAPNOUS vote of the Board of County Commissioners of the County of Eagle, State of Colorado. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 0 2.11 EAGLE COUNTY SIGN CODE TABLE OF CONTE SECTION PAGE 2.11,01 Definitions ... ............................... 2,11.02 Intent and Purpose... ......................... 2.11.03 Scope .......... ............................... 2.11,04 General Requirements., ......... .......... __ 1) Regulation ............................. 2) Administration ......................... 2.11,05 Signs Allowed in All Zone Districts........., 2.11.06 Specific Zone District Sign Regulations ... ,., 2.11.07 Signs Prohibited in All Zone Districts....... 2.11.08 Non - Conforming Signs .......................... 2.11.09 Violations and Penalties., ......... .......... 2,11.10 Sever• ability .. ............................... 2.11.11 Variances ..... ............................... i 2.11.01 DEFINITIONS BUILDING FRONT A measurement of the horizontal distance, made at the structural foundation or building line at finished grade, of that building elevation which most closely parallels the front lot line. COMPREHENSIVE SIGN PLAN A plan indicating the size, height, text, color and location of the signs that each business will be allowed to display; including directory signs, plaza signs, building identification signs and any informational signs and displays. A sign application for any single sign in a multi -use building or lot must conform to the approved comprehensive sign plan for that building or lot (i.e., color, location, material, etc.). CONSTRUCTION SIGN A temporary sign identifying a subdivision, development, or property improvement by a builder, contractor, or other person furnishing materials, labor, or services to the premises. DIRECTIONAL SIGN Any sign on a lot that directs the movement or placement of pedestrian or vehicular traffic with or without reference to, or inclusion of, the name of a product sold or service performed on the lot or in a building, structure or business enterprise occupying the same. IDENTIFICATION SIGN A sign or symbol (i.e., nameplates or plaques) which identities a person, building, street name or address, landmark, or natural feature. . ILLUMINATED SIGNS A sign with an ar•tifical light source incorporated internally or externally for the purpose of illuminating the sign. INDIVIDUAL BUSINESS Individual Business means a structure or lot containing one (1) business or several related businesses under any form of ownership. If two (2) or more businesses are located in a structure or on a lot, use the same entrance and are not physically separated by walls, they shall constitute one (1) business for the purposes of this code. i MANAGING BODY The collective body , agency or association within a Planned Unit Development responsible for the revi of design standards for compliance with the Planned !snit Development Covenants. The managing body may include but not be limited to Homeowner's Associations, Design Review Boards, Architectural Control Committees. MULTIPLE BUSINESS (SHOPPING OR BUSINESS CENTER) Multiple Business (Shopping or Business Center) means a building, lot or series of lots designed for occupation by two (2) or more businesses, where each business is structurally separated from the others and has its own public entrance, but overall the businesses are physically related and operated as a group. PERMANENT SIGN A sign constructed of and affixed, lettered, attached to or fixed, nonmovable, nonportable suppor PLAZA SIGN An area used specifically information and designed and operated following shall be eligible for space durable material placed upon a Ling structure. for the display of as .a unit. The on a plaza sign: (a) A business of any type, operating in Eagle County; (b) Points of interest; (c) Any non entity, institution, or organization. PORTABLE SIGN A sign on a self - contained stand located and used for commercial or non - commercial purposes, and which is not permanently affixed to a post, wall, fence, building or other structure. RESIDENTIAL BUILDING, LOT OR OCCUPANT IDENTIFICATION SIGN A sign containing no commercial information, identifying the owner or occupant of a dwelling unit, tract, or parcel of land which is devoted primarily to residential or agricultural use. SIGN Any letters, figures, design, symbol, trademark, illuminating device, or other device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, and painted, printed, constructed or displayed in any manner whatsoever. SIGN AREA See Section 2 11.04(1,E) for definition. SIGN CODE ADMINISTRATOR The duly appointed Eagle County employee, or his authorized repr•esentitive, responsible for the administration of this Section 2.11. SIGN HEIGHT The vertical distance from the average finished grade below the sign (excluding berming) to the highest point on the sign structure. SIGN PERMIT A permit issued for the erection, construction, enlargement, alteration, improvement or' conversion of any sign, issued persu•ant to these regulations. SIGN WITH BACKING Any sign that is displayed upon, against, or through any material or colored surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed. SIGN WITHOUT BACKING Any word, letter, emblem, insignia, figure, or similar character, or group thereof that is neither backed by, incorporated in, or otherwise made a part of any larger display area. STREET FRONTAGE The distance along any property line of a lot which is also the boundary line of a public street, road or highway right-of-way. TEMPORARY SIGN A sign which relates to a single event erected not more than thirty (30) days prior to the event to which it relates, such as a farm auction, sale of agricultural products, and bona fide grand openings. A sign shall be considered temporary if displayed for less than thirty (30) days in a ninety (90) day period. WINDOW SIGN A sign which is affixed or attached to, or' located within thirty six (35) inches of the interior of a window and which sign can be seen through the window from the exterior of the structure. W1.02 INTENT AND PURPOSE The intent and purpose of the Eagle County Sign Code is to: 1) Preserve and enhance the natural beauty of Eagle County; 2) Protect the health, safety and welfare of the residents and visitors of Eagle County; 3) Coordinate the type, placement and physical dimensions of signs within the various land use districts; 4) Provide for a reasonable balance between the right of the individual to identify a business, or to utilize signs for other legitimate purposes; and the right of the public to be protected against visual discord resulting from the unrestricted proliferation of signs; 5) Implement the goals and policies of the Eagle County Master Plan in preserving the rural character of the county, and by preserving county open -space and vistas for present and future habitants and visitors of Eagle County, The Board of County Commissioners hereby adopts the following provisions (the Eagle County Sign Code) which are determined to be the minimum amount of regulations necessary to achieve these purposes, 2.11.03 SCOPE This code is enacted pursuant to C.R.S. 1973, 30 -28 -101, 111 and 113. The provisions of this code shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs within the unincorporated areas of Eagle County. All signs displayed, constructed, erected or altered after the date of the adoption of this Section 2.11 shall be in conformance with the provisions of this Section 2.11. All signs that are existing at the time of the adoption of this code shall not be altered or enlarged without being in conformance with this code. The Sign Code Administrator is hereby authorized and directed to enforce the provisions of this code. 2.11.04 GENERAL RQUIREMENTS 1) Regulation A) These regulations recognize other regulations pertaining to signing (i.e., State of Colorado, Department of Highways, "Rules and Regulations Pertaining to outdoor' Advertising," effective January 1, 1954, etc.). Where any provision of these regulations cuveYs Lhe game subject matter as other regulations, the more restrictive regulation shall apply. E) Signs shall identify or advertise interests conducted on the lot of the sign location only. C) All buildings or lots containing more than one business shall be required to submit a comprehensive sign plan. comprehensive sign plan fees will be in accordance with Subsection 2.11,04(2,0). D) Signs and structures for signs shall be designed and constructed in conformance with the Eagle County Building Resolution and the National Electric Code, including but not limited to consideration for wind loads, seismic loads, allowable stresses, materials and anchorage requirements. The following shall also be required: (1) Safety Standards (a) Signs over ten (10) feet in height and /or forty (40) square feet in surface area shall be engineered to withstand a wind loading of a minimum of thirty (30) pounds per square foot of sign area without failure of face retention system or sign structure. Engineering data sufficient to prove the reliability of the structure and the foundation shall be submitted with the drawings at the time of permit application. 1 'a (b) Electrical wiring for energizing an electrical sign shall be underground in the case of freestanding and behind the sign cabinet in the case of wall or projecting signs. All electrical work shall be in conformance with the Eagle County Building Resolution and the National Electric Code, which requires an electrical permit. (c) Roof signs, signs mounted on marquees, or projecting signs shall be engineered in such a manner that no guy wires are needed for support other than the sign structure itself. (d) Anchors and supports shall be guarded and protected when near driveways, parking lots or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No anchor or support of any sign except flat wall signs, shall be connected to or supported by an unbraced parapet wall. (e) Signs in danger of falling down or which become insecure or otherwise represent an unsafe condition shall constitute a violation under the provisions of this chapter and shall be removed or corrected by the sign owner. (2) Maintenance Standards (a) Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, clips, supporting frame and fastenings free from deterioration, insect infestation, rot, rust or loosening. (b) All signs shall be kept neatly finished, including all metal parts and supports thereof that are not galvanized or of rust resistant metals. E) Sign Area Measurement (1) Area to be measured; the area of a sign shall be measured in conformance with the regulations as herein set forth, provided that the structure or bracing of a sign shall be omitted from measurement unless such structure or bracing is made part of the message or face of the sign. Where a sign has two display faces, the area of one side shall be considered the total area for that sign. (2) Sign with backing: the area of all signs with backing or a background, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the areas in each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing{ the extreme limits of the display surface or face of the sign including all frames, backing, face plates, nonstructural trim or other component parts not otherwise used for support. (3) Signs without backing; the area of all signs without backing or a background, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the areas of each 'square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of each word, written representation (including any series of letter's), emblems or` - Figures of similar character. (4) All other signs or combinations thereof: the area of any sign having parts both with and without backing shall be measured by determining the total area of all squares, rectangles, triangles, portions of a circle or any combination thereof constituting the smallest single continuous perimeter enclosing the extreme limits of either of the following combinations: (1) the display surface or face of the sign including all frames, backing, face plates, nonstructural trim, or (2) other component parts not otherwise used for support. P) Illumination of all signs covered under this Section 2.11 shall meet the following conditions and criteria; (1) Illuminated signs shall be shaded, shielded or directed so as not to adversely impact residential .areas. (2) Neither the direct or reflected light from any light source shall create a traffic hazard to operators of motor vehicles on public thoroughfares or approaches to public thoroughfares. (3) No sign shall have blinking, flashing, moving or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color. (4) No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices. 7 G) Height /Setback Calculation Height & setback calculations for signs in all zone districts shall be determined by the following method: No sign shall extend above the planes formed by intersecting imaginary lines from the lot lines to tile_ setback lines, at a height of twenty -five (25) feet, (when existing building(s) conform to the required setbacks) or to the top of the tallest building on the lot, whichever is greater. The truncated pyramid formed by these planes is the height /setback limit. All signs in all zone districts shall conform to the above calculation, unless specitically exemptec. kefer to illustration below. HEIGHT /SETBACK CALCULATION —� /— PROPERTY LINE BUILDING SETBACK LINE OR ACTUAL BUILDING HEIGHT HEIGHT /SETBACK LIMITATION LINE PROPERTY LINE THE SIGN MAY BE SET /TR NCATED WITH YRAMID. �`— 25' OR 50' SETBACK BUILDING SETBACK LINE The formula for calculating m le: Setback requirement for an 8' high sign sign height and /or setback on a vacant lot with a 50' setback is: is: sign setback _ sign height bldg, setback bldg. height ? __ 8 50 - 5 - 5= 16' from the property line. `i 2) Administration A) Sign Permits The following procedure shall be followed in order to erect and maintain a sign _after the effective date of these regulations, which is Cholyaelm 11 198hp. (1) A sign permit shall be obtained from the Eagle County Planning Department for all signs exceeding six (6) square feet in sign area, unless otherwise exempted by Section 2.11.05. In addition, a sign permit shall be required at any time the sign area is increased. No permit is required for the maintenance of a sign or for a change of copy, provided that the sign is conforming. (2) No sign permit is needed for signs erected prior to May 8, 1978, provided that said signs conform to this sign code. (3) Application for a permit to erect or display a sign in Eagle County shall be made to the Eagle County Planning Department on standard forms provided by the Department. (4) Application forms shall be completed and signed by the property owner or authorized agent, and submitted with the appropriate fee. Fees are as described in Subsection C below. (5) All requests for a sign permit shall be accompanied by a drawing which is fully dimensioned, showing the sign structure and proposed lighting. A site plan shall also be required which shall shout the location, setbacks, height and sign area of all proposed and existing signing on the lot. (6) Only complete applications will receive consideration for approval. (7) The applicant shall call for an inspection by the Sign Administrator within three (3) months of the date of issuance of a sign permit. The sign permit shall expire in three (3) months from the date of issuance if the sign has not received final approval. one three month time extension may be granted by the Sign Administrator if it is requested in writing prior to expiration of a valid permit. (8) A sign permit shall he issued for the life of the sign. S) Amendments If, after a sign permit has been issued by the Eagle County Sign Administrator, it becomes necessary to change, modify, or alter the structural characteristics of the sign, or otherwise deviate from the terms or conditions of said permit, such amendment will be allowed upon approval by the Sign Administrator without additional permit fees being assessed. Such approval may only be granted by the Sign Code Administrator upon a finding that said amendment conforms to the provisions of this Sign Code. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Eagle County Planning Department. C) Permit Fees (1) The cost for a sign permit is $20, plus $1 per square foot of sign area (see Section 2.11.04[1,E]). (2) The fees above shall be in addition to any fees for any other permits or inspections involved in any phase of the installation as now or hereafter required by the regulations of Eagle County. (3) The fees hereby imposed shall be paid in advance at the Department of Community Development and no application shall be reviewed until the fees have been paid. 2.11.05 SIGNS ALLOWED IN ALL ZONE DISTRICTS The following types of signs are allowed in all zone districts and are not subject to permit: 1) All signs, whether permanent or not exceed six (6) square feet provided that such signs do not number per individual business, group of contiguous lots under 2) Signs required or specifically public purpose by any law. temporary, which do in sign area and exceed one (1) in parcel, lot, or one ownership. author" 1 zed for a 3) Public notices or signs relating to an emergency. 4) signs erected in public rights -of -way by a local, state or federal governmental agency controlling or directing traffic. 5) All information signs on public property provided that such signs are related to the use of the property and are erected and maintained by the land management agency. 6) official government notices and notices posted by governmental officers in the performance of their duties to provide warning, necessary information, direction or other regulated purposes. 7) Temporary or permanent signs erected by a public utility company or construction company to warn of dangerous or hazardous conditions. H) Temporary signs such as pennants or banners for a special civic event. Such displays may be erected three (3) weeks prior to the opening of the event and shall be removed one (1) week after completion of the activity < 9) Memorial tablets or commemorative plaques installed by an historical agency, including cornerstones for buildings. 10) Scoreboards used for athletic events which do not exceed twenty (20) feet in height and sixty-four (64) square feet in size. 11) Decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday. 12) Any signs permanently affixed to a truck, train, automobile, airplane or other vehicle that is in working condition and is not placed in a specific location for the purpose of evading these sign regulations. 13) Flags of any state, nation, government or any other flag not specifically used for advertising purposes. Flags may not exceed sixty-four (64) square feet in size. 14) Works of fine art, which in no way identify or advertise a product or business. 15) Any religous emblem or insignia. 16) Mail box or house numbers. 17) Gravestones. 2.11.06 SPECIFIC ZONE DISTRICT SIGN REGULATIONS 1) Signs allowed in lost density residential zone di str•icts. a) The following signs shall be allowed by permit only in the R, RL, AR, AL, RR and Fulfor•d Historical Zone Districts. (1} One ( 1 ) residential building, lot or occupant identification sign per dwelling unit (identifying the name and /or address), provided the total sign area does not exceed twelve (12) square feet. (2) One (1) identification sign per approved special use provided the total sign area does not exceed sixty -four (64) square feet, or as further restricted under the conditions of the special use permit. (3} Signs advertising the sale of products produced or raised on the premises provided that the total sign area shall not exceed twenty -four ( 24) square feet and provided such signs •ar•e not illuminated. (4) One (1) identification sign per subdivision entrance in residential developments- provided that the sign area of each sign shall not exceed thirty -two (32) square feet and the maximum height of such signs shall not exceed eight (8) feet. Such signing shall not be required to meet the height /setback calculation, provided that the sign is neither located within an intersection clear zone nor impedes dr•ai page. (5) one (1) identification sign pet model home within an approved subdivision provided that the sign area does not exceed sixteen (16) square feet and the maximum height shall not exceed six (6) feet. Such signing shall not be r•equir•ed to meet the height /setback calculation, provided that the sign is neither located within an intersection clear zone nor impedes drainage. (6) One (1) temporary sign for the sale, rent or lease of vacant land provided that the total sign area shall not exceed sixteen (16) square feet, is not illuminated, and is limited to one sign per parcel, lot, or group of contiguous lots under one ownership. (7) Temporary signs for the sale, rental or lease of dwelling units under construction or to be constructed provided that no more than one sign is located adjacent to each street abutting the subdivision, and providing that the total sign area of each sign does not exceed sixteen (16) square feet. No such sign shall remain erected for more than two (2) years or until the last dwelling unit is sold, whichever comes first. (8) One (1) construction sign for each construction project not to exceed thirty -two (32) square feet in sign _area. Two (2) individual tradesmen may display separate signs not to exceed sixteen (16) square feet each in addition to the thirty -two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months or completion of construction whichever is greater. Construction signs shall not be included in the total sign area allowed per lot. 2) Signs allowed in the high density residential zone districts. a) The following signs shall be allowed by sign permit only in the RSA, P.SM, RMF and P/S Zone Districts. (1) One (1) residential building, lot or occupant identification sign per dwelling unit (identifying the name and/or address), provided the total sign area does not exceed twelve (12) square feet. (2) one (1) identification sign per approved special use provided the total sign area does not exceed sixty -four (64) square feet, or as further r under the conditions of the special use permit. (3) identification signs for residential developments provided that only one (1) sign shall be allowed for- each subdivision entrance, the sign area of each sign shall not exceed thirty -two (32) square feet, and the maximum height shall not exceed eight (8) feet. Such signing shall not be required to meet the height /setback calculation provided that they are neither located within an intersection clear zone nor impede drainage. (4) one (1) identification sign per model home within an approved subdivision provided that the sign area not exceed sixteen (16) square feet, and the maximum height not exceed six (6) feet. such signing shall not be r•equir•ed to meet the height /setback calculation provided that the sign is neither located within an intersection clear zone nor impedes drainage. (5) one (1) tempor•ar sign for the sale, rent or lease of vacant land pr•ovicled that the total sign area shall not exceed sixteen (16) square feet, is not illuminated, and is limited to one sign per parcel, lot or group of contiguous lots under one ownership. (6) Tempor signs for the sale, rental or lease of dwelling units under construction or to be constructed provided that no more than one (1) sign is located adjacent to each street abutting the subdivision, and providing that the total sign area of each sign does not exceed sixteen (16) square feet. No such sign shall remain erected 'for more than two (2) years or until the last dwelling unit is sold, whichever comes first. (7) One (1) directory sign for each lot, parcel, or group of contiguous lots under one ownership not to exceed sixteen (16) square feet in sign area and eight (8) feet in height. Directory signs may be illuminated according to the provisions of Section 2.11.04(1,F). Individual directories for each multifamily structure shall not exceed one (1) in number and eight (8) square feet in sign area (8) One (1) construction sign for each construction project not to exceed thirty -two (32) square feet in sign area. Two (2) individual tradesmen may display separate signs not to exceed sixteen (16) square feet each in addition to the thirty -two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months or completion of construction whichever is greater. Construction signs shall not be included in the total sign area allowed per lot. 3) Signs allowed in commercial and industrial zone districts. a) The following signs shall be allowed by sign permit only in the CL, CG, I and RC Zone Districts. Individual Business sign(s) Individual businesses shall not exceed one (1) square foot of sign area per lineal foot of building front for the first thirty -two (32) feet and one -third (1/3) of a square foot of sign area pet lineal foot of building front in excess of thirty -two (32) feet. In no case shall the total sign area for an individual business exceed a maximum of sixty -four (64) square feet, per street frontage. (2) Multiple Business sign(s) Multiple businesses (business or shopping centers) shall be required to submit a comprehensive sign plan showing all proposed signing within the business center. The comprehensive sign plan shall be in conformance with the following: a) The business center itself shall be allowed one (1) square foot of sign area per lineal foot of building front for the first thirty -two (32) feet and one - third (1/3) of a square foot of sign area per lineal foot of building front in excess of thirty -two (32) feet. In no case shall the total sign area for a business center exceed a maximum of sixty -four (64) square feet, per street frontage. b) Each individual business within the business center shall be allowed twenty (20) square feet of sign area in addition to that permitted by Subsection (a) above. C) ;allocation of total aggregate sign area to individual businesses or tenants is not a function of this regulation, but shall be the responsibility of the property owner or authorized agent. (3} One (1) plaza sign per street frontage shall be allowed identifying the individual businesses within the business center, provided that the total sign area does not exceed forty (40) square feet nor ten (10) feet in height. The plaza sign shall not be included in the total sign area allowed for the business center, and shall not be required to meet the height/setback calculation, provided that the sign is neither= located within an intersection clear zone nor impedes drainag=e. d l (4) Directional signs shall be allowed, provided that the total sign area of each sign does not exceed six (6) square feet nor eight (8) feet in height. Directional signs shall not be included in the total sign area allowed per individual business or lot, or per shopping center, business, commercial or industrial park, and shall not be required to meet the height/setback calculation, provided that the signs neither impair visibility for traffic movement nor impede drainage. (5) one (1) temporary sign per business shall be allowed, provided that the total sign area does not exceed thirty -two (32) square feet. This temporary sign shall not be included in the total sign area allotted for each business. (6) one (1) temporary for sale, for rent or for lease sign per business shall be allowed, provided that the total sign area of each sign does not exceed sixteen (16) square feet in sign area. said sign must be removed within thirty (30) days of completion of the sale, rent or lease of the business. This temporary sign shall not be included in the total sign area allowed for each business. (7) Temporary for sale, for rent or lease signs advertising vacant land provided that the 'total sign area of all such signs shall not exceed sixteen (16) square feet and be limited to one sign per parcel, lot or group of contiguous lots under one (1) ownership. said sign must be removed within thirty (30) days of completion of the land sale. These temporary signs shall not be included in the total sign area allotted for each business. 3 J (H) One (1) construction sign for each construction project not to exceed thirty -two (32) square feet in sign area. Two (2) individual tradesmen may display separate signs not to exceed sixteen (16) square feet each in addition to the thirty -two (32) square foot construction sign. Such signs may be erected ten (10) clays prior to beginning construction and shall be removed after six (6) months or completion of construction whichever is greater. Construction signs shall not be included in the total sign area allowed for each business. (9) Window signs are permitted provided that no more than twenty -five (25) percent of the exterior window area, per street frontage, is covered by signs. Window signs shall not be included in the total sign area allowed for each business. 4) Signs allowed in Planned Unit Development Zone Districts (PUD's). Signs within PUDs shall compl of this Section 2.11 unless a been adopted for the PUD. if been approved by the Board of provisions of that plan shall parts of this Section 2.11. V with all provisions PUG sign code has a PUD sign code has County Commissioners, supercede conflicting Any Planned Unit Development may, by or through its managing body, submit to the County a code for the control and regulation of signs within the PUD. Standard application and review procedures for a PUD amendment shall be followed for the review and approval of the PUD sign code and any amendments thereto. No application for a sign permit will be considerec by the Eagle County Sign Administrator unless it has been submitted to the managing body. Applications shall be sent together with two (2) copies of a sketch of the proposed sign(s) and any other pertinent information to the Eagle County Planning Department for review. This review shall be for the purpose of a staff determination as to whether the proposed signing is consistent with the PUD code as approved by the Board of County Commissioners. 2.7107 SIGNS RR,'OHIBITED IN ALL ZONE DISTRICTS The following types of signs or advertising devices are expressly prohibited in all zone districts: 1) Signs that are structurally unsafe or constitute a hazard to saf=ety or health by reason of inadequate maintenance or dilapidation. 2) Signs which have been installed or maintained so as to prevent free ingress or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape, except those signs as required by other codes, regulations, or ordinances. 3) Signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device and are not erected or authorized to be erected by a governmental agency. 4) Signs within an intersection clear zone (see Section 2.23 of the Eagle County Land Use Regulations). 5) Signs with metallic surfaces, unless such surfaces are treated to reduce reflection from sunlight or artificial illumination. 6) Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. 7) Signs with visible moving, revolving or rotating parts, flashing or fluttering lights or other illuminating devices which have a changing brightness or intensity or color or any mechanical movement or apparent movement achieved by electrical, electronic or mechanical means except for time- temperature -date signs and holiday decorations. 3) External displays, other than temporary decorative holiday lighting, which consist of unshielded or open light bulbs. S) Any sign which contains a radio, phonograph, whistle, hell or other sound- making device. 10) Signs which have been constructed or maintained with less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the State of Colorado. 11) Signs not located upon the property or business identified or advertised by the sign. 12) Portable or wheeled signs or advertising devices, except for operable and licensed motorized vehicles and licensed trailers used in the pursuit of regular day -to -day business having the name of the permitted use(s) or service(s) offered. 13) Signs which are located on property which becomes vacant and unoccupied for a period of six (6) months or more, or a sign which pertains to a time, event or purpose which no longer applies shall be considered abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of the business shall not be construed to be abandoned unless the property remains vacant or the business is closed for a period of six (6) months or more. The sign face of an abandoned sign is to he removed by the owner of the sign or the owner of the property. A sign which is not removed may be removed by the Sign Administrator as authorized by the violations section of this chapter. This provision shall not apply to permanent signs accessory to businesses which are open only on a seasonal basis. 14) Signs or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency in accordance with constitutional standards. 1S) Three dimensional signs, such as statues, real or simulated, utilized for advertising purposes. 16) Balloons or similar types of lighter-than-air objects tethered to the ground by lines or other methods, except for those used in conjunction with special events which do not exceed two (2) weeks in duration. 17) Signs painted on rocks or other natural features, 2.11.08 NONCONFORMING SIGNS 1) General Provisions Section 2.11.02 of this code (Intent and Purpose) describes an intended direction for the administration of signs in Eagle County. In order to reach those objectives, the eventual termination of signs which do not conform to these regulations is both reasonable and desirable. 2) Legally Non- Conforming Signs - Policy The provisions of this Section (2.11.08) will allow non - conforming signs to continue while at the same time assuring that the district in which the non - conforming sign exists will eventually benefit from a substantial uniformity of permanent and temporary signs. 3) Legally Non - Conforming Signs - Defined A legally non - conforming sign shall be any sign which: a) On the effective date of this Section 2.11, which is O CIO W 11 1988, was lawfully erected and has been lawfully maintained in .accordance with the provisions of any prior regulations, but which sign does not conform to this Section 2.11. b) On or after the effective date of this Section 2. 1 1 , which is (")C40 11 198x, was lawfully erected and maintained by the provisions of this Regulation but which sign by reason of amendment to this Regulation .after the effective date hereof does not conform to the limitations established by any amendment to this Regulation in the district in which the sign is located. 4) Legally Non - Conforming Signs - Continuance Any legally non - conforming sign may be continued in operation and maintained after the effective date of this Section 2.11, which is (Q('JQ v' II 1988, 5) provided; however, no such sign shall be changed any manner that increases the non - conformity of such sign. The burden of establishing a sign to legally non- conforming under this Section 2.11.08 rests entirely upon the person or persons, firm, corporation or other entity claiming such status for a sign. Legally Nonconforming signs - Termination in be The right to use, operate or maintain a legally non - conforming sign shall terminate upon any of the following: a) Abandonment Signs pertaining to activities or occupants that are no longer using a property shall be removed from the premises within six (6) months after the associated activity or occupant has vacated the premises. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal by action of the Eagle county Sign Administrator. b) Violation Any violation of this section and/or any pre- existing Eagle County sign provisions shall immediately terminate the right to maintain such sign. c) Destruction, Damage or obsolescence The right to maintain any legally non - conforming sign shall terminate whenever the sign sustains damage in excess of fifty percent (50 %) of the replacement cost or becomes obsolete or substandard to the extent that the sign becomes a hazard. d) Condemnation The Board of County Commissioners may choose to condemn a non - conforming sign. Recommendations for condemnation may be made by the Eagle County Sign Administrator, when the sign is fount{ to be in violation of this Section 2.11. e) Failure to Maintain The right to continue use of a legally non - conforming sign shall terminate if the sign is not maintained in good structural and visual condition as determined by the Board of County Commissioners based upon recommendation by the Eagle County Sign Administrator. 2.11.09 VIOLATIONS AND PENALTIES 1) The Eagle County Sign Administrator or authorized representative shall inspect and shall have the authority to order the painting, repair, alteration or removal, at the owner's expense, of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolesence. 2) When, in the opinion of the Sign Administrator, violation of this chapter exists, the Sign Administrator shall issue a written order to the alleged violator. The order shall specify those sections of this chapter which the individual may be in violation of and shall state that the individual has ten (10) days from the date of the order in which to correct the alleged violation or to file a variance application with the Department of Community Development. 3) If, upon inspection, the Sign Administrator finds that a sign is abandoned, the Sign Administrator shall issue a written order to the owner of the sign and/or owner or occupant of the premises n stating the nature of the violation and r them to remove or repair the sign within ten (10) clays from the date of the or•cler. In cases of emergency, the Sign Administrator may cause the immediate removal of any sign which enclanger•s the public or is defective (ie. structurally, materially, or electrically), without notice, at the expense of the owner of the sign or premises. 4) In the case of pr•ohibittecl signs, the sign owner or owner of the premises shall be required to remove the offending sign(s) within two (2) days of receipt of wi notification personally served on the sign owner or owner of the premises, or by certified mail, return receipt requested. if r•etui ^n r pt is not r ved within ten (10) clays, then the Sign Administrator shall serve the notice upon the alleged violator. If the sign is not removed two (2) days thereafter, then the County may remove the offending signs) and recover the costs from the owner of the sign(s) or the premises. 5) If the Sign Administrator finds that the sign under any permit issued is not in accordance with the information supplied in the permit application and/or is in violation of this or any other pertinent regulations, or finds that there has been any misr.epr.esentation in connection with the application for the permit, the sign Administrator shall notify the sign owner of such findings and notify the sign owner that the violation must be corrected within five (5) wtor• king clays. The sign owner shall have five (5) wror king clays in which to reply to such notification. If such correction is not made within the five (5) clay period, the sign Administrator• shall revoke the permit and shall serve written notice thereof upon the sign owner. 6) It is a violation of this chapter' for any person tc perform or order the performance of any act which is contrary to the provisions of this chapter, or to fail to per any act which is requit-ed by any of the provisions hereof. In the case of a continuing violation, each twrenty -four (24) hour period in which the violation exists constitutes a separate violation. J r 7) penalties for violations of this chapter shall be as provided in the Eagle County Land Use Regulations, Section 1.15. 2.11.10 SEVERABILITY If any part of this Regulation is for any reason held to be invalid, such decision shall not affect the validity of the remaining parts of this Regulation; and the Board of County Commissioners declares it would have passed this Regulation, and each part thereof, regardless of the fact that any part may be declared invalid. 2.11.11 VARIANCES The Eagle County Zoning Board of Adjustment shall have the authority to grant variances from any part or all of this regulation in accordance with Section 2.13. of the Eagle County Land Use Regulations.