6-2-2: CONSTRUCTION OF LANGUAGE AND DEFINITIONS:
   A.   Construction Of Language: The following rules of construction shall apply to the text of this chapter:
      1.   The particular shall control the general.
      2.   In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control.
      3.   The word "shall" is always mandatory. The word "may" is permissive.
      4.   Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
      5.   A "building" or "structure" includes any part thereof.
      6.   The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for".
      7.   The word "person" includes any person, firm, partnership, association, corporation, company or organization of any kind.
      8.   Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and, or, or either...or", the conjunction shall be interpreted as follows:
"And" indicates that all the connected items, conditions, provisions, or events shall apply.
"Or" indicates that the connected items, conditions, provisions or events shall apply.
"Either...or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
      9.   The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
      10.   The word "free", other language or numerals advertising product pricing is prohibited on permanent commercial signage as well as banners. Businesses utilizing display cases, attraction boards, temporary window signs, or changeable copy signs to present menus, specials, etc., will be exempt from this prohibition.
   B.   Definitions:
    ABANDONED SIGN: A sign is considered abandoned if, the business or activity advertised on that sign is no longer licensed, or is no longer doing business or is no longer active at that location, and such inactivity exists for a thirty (30) day or longer period of time.
   ADVERTISING DEVICE: Any balloon, flag, pennant, propeller, oscillating, rotating, pulsating light or other contrivance except a sign, used to attract attention for the purpose of promoting the sale of products.
   ADVERTISING SIGN: Any sign directing attention to a business, commodity, service or entertainment conducted, sold or offered, relative to the property upon which it is located.
   ADVERTISING STATUARY: Any imitation, representation or similitude of a person or thing which is sculptured, molded, modeled or cast in any solid or plastic substance, material, or fabric and used for commercial purposes.
   ADVERTISING STRUCTURE: Any structure erected for advertising purposes, with or without any advertisement display thereon, situated upon or attached to real property, upon which any poster, bill, printing, painting, device or other advertisement may be placed, posted, painted, tacked, nailed or otherwise fastened, affixed, or displayed, provided, however, that said term shall not include buildings.
   ALTERATION: Any change of copy, color, size, shape, illumination, position, location, construction or supporting structure.
   ANIMATED SIGN: Any sign designed and constructed to give its message or attract attention through a sequence of progressive or random changes of parts or lights or degree of lighting through rotation, movement, fluctuation, flashing, changing or blinking lights or similar devices.
   ATTRACTION BOARD: A sign used to advertise items such as, but not limited to, restaurant menus and specials (i.e., sandwich board).
   AWNING SIGNS: Proportional words, letters, numbers, or other symbols which are displayed in a high quality manner on the skirt portion of any valance or awning.
   BALLOON: Any helium or air filled material to be displayed for advertising purposes which can be in many shapes (i.e., party balloons, air puppets, inflatable signs, etc.).
   BANNER: A professionally produced strip of cloth, plastic, or similar material affixed to a building or railing which is located outdoors and contains language for advertisement, greeting or similar messaging purposes.
   BANNER HIGHWAY MEDIAN: A professionally produced strip of cloth, plastic, or similar material affixed to two (2) metal posts located within the Highway 40 medians with the purpose of informing the public about a civic event or a special event held by the chamber of commerce or a nonprofit organization.
   BILLBOARDS: Any framework for signs advertising merchandise, services, or entertainment sold, produced, manufactured or furnished at a place other than the location of such structure.
   BUILDING: A structure having a roof supported by columns or walls.
   BUILDING FACE: The total area of the building elevation, excluding the area of the roof.
   BULLETIN: A sign of permanent character, but with removable letters, words or numerals, indicating the names of persons associated with, or events conducted upon, or products or services offered upon, the premises upon which such a sign is maintained. Such sign shall not exceed six (6) square feet in size and contain letters no larger than two inches (2") in height.
   BUSINESS: Any kind of vocation, occupation, profession, enterprise or establishment, or any and all other kind of activity and matter, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises within the town or anywhere else within its jurisdiction, and shall have a current business license issued by the town of Winter Park.
   CANOPY: A fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground.
   CANOPY SIGN: Any sign attached to the underside or constructed upon a projecting canopy, protruding over a private sidewalk. A sign supported by a canopy and in all cases mounted perpendicular to the building.
   CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be manually changed or rearranged for the purpose of advertising restaurant menus or specials (i.e., dry erase boards).
   COMMERCIAL DISTRICTS: Shall include all zoning classifications which are consistent with the commercial designation of the town of Winter Park.
   CONSTRUCTION SIGN: Any sign stating the name of the future site occupant and may include the name, address, e-mail and telephone number of businesses directly related to the construction project.
   CONVENIENCE SIGN: Any sign which conveys information such as "Restrooms", "No Parking", "Entrance", "Exit" and the like, but does not contain brand, trade or business identification and is designed to be viewed on site or adjacent to the site by pedestrians and/or motorists.
   DETACHED SIGN: See definition of Freestanding Sign.
   DIRECTIONAL SIGN: Any sign permanently or temporarily erected by or with approval of the town or any authorized government agency, designed solely to provide direction or guidance to pedestrian or vehicular traffic.
   DIRECTLY ILLUMINATED SIGN: Any sign which has light cast on its surface from an interior source, including electric lights or luminous tubes.
   DISPLAY CASE: Any case, cabinet or other device, wall mounted having a window of glass or other transparent material, or other opening, access to which is made from other than within a structure or building. Items to be displayed could include, but are not limited to, restaurant menus and specials.
   ELECTRONIC MESSAGE SIGN: Any sign displaying a variable message controlled by either a computer or other electronic or digital components. Electronic message signs are only permitted as a conditional use under section 6-2-15 of this chapter.
   FEATHER FLAG/TEARDROP FLAG/WIND FLAG: A professionally produced flag made of cloth, plastic, or similar material affixed to a pole which is located outdoors and contains language for advertisement, greeting or similar messaging purposes.
   FLAG OR PENNANT: Any cloth, bunting, plastic, paper, or similar material used for advertising purposes attached to, or appended on or from any structure, staff, pole, line, framing, or vehicle.
   FREESTANDING SIGN: Any detached sign which shall include any sign supported by one or more uprights, braces, poles or posts placed upon or in or supported by the ground and not a part of, or attached to, any building. This definition includes "monument signs", "pylon signs", "ground signs" and "pole signs". A freestanding sign shall have no more than two (2) sides back to back, each side of which shall contain an area which shall not exceed the amount permitted in other sections of this chapter.
   GRADE: The level of the public sidewalk or curb closest to the sign.
   GROUND SIGN: See definition of Freestanding Sign.
   IDEOLOGICAL MESSAGE SIGN: Any sign that is noncommercial in content and purpose, and is primarily concerned with ideas or concepts of a social or cultural nature.
   ILLEGAL SIGN: Any sign placed without proper government approval and/or permits as required by the town code at the time said sign was placed. "Illegal sign" shall also mean any nonconforming sign which has exceeded its authorized amortization period.
   ILLUMINATED SIGN: Any sign which an artificial source of light is used in order to make the message readable and shall include directly and indirectly illuminated signs.
   INDIRECTLY ILLUMINATED SIGN: Any sign which has light cast on its surface from an exterior source, including electric lights, or luminous tubes.
   LOT: Is either a lot of record, as part of a land subdivision officially recorded with Grand County and existing on the effective date of this chapter or any applicable subsequent amendment thereto; or a tract of land, either unsubdivided or consisting of two (2) or more contiguous lots of record, located within a single block, which, on the effective date of this chapter or any applicable subsequent amendment thereto, was in single ownership; or a tract of land, located within a single block, which at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy), is designated by its owner or developer as a tract all of which is to be used, developed, or built upon as a unit under single ownership; a lot therefore may or may not coincide with a lot as shown on the official tax maps of Grand County, or on any recorded subdivision plat or deed. For the purposes of this definition, ownership of a lot shall be deemed to include a lease.
   LOT FRONTAGE: The shortest property line adjacent to a public street. The frontage of a lot is also the front property line.
   LOT LINE: A boundary of a lot.
   MAJOR OCCUPANT: The primary tenant of a building or multiple use facility, designated as such by the property owner.
   MARQUEE SIGN: A sign utilizing changeable or removable letters and numbers secured in a reader board (track) used for advertisement of regularly changing activities on the premises.
   MOBILE SIGNS: See definition of Vehicular Sign.
   MULTIPLE USE FACILITY: Any building which is occupied by three (3) or more legal and distinct businesses. (See definition of Business.)
   MURAL: Any painted design which covers all or a major portion of a wall, building facade, or other structure for the purpose of displaying an art piece; not meant for the purpose of advertising.
   NEON SIGN: A sign in which a colorless, odorless, primarily inert gaseous element known as "neon" is found and produces illumination.
   NONCONFORMING SIGN: A sign or advertising structure existing within the incorporated area on the effective date of this chapter which, by its material, background color, height, square foot area, location, use or structural support does not conform to the requirements of this chapter shall hereafter be termed nonconforming.
   OFF PREMISES SIGN: See definition of Billboards.
   ON SITE DIRECTIONAL SIGNS: Directional signs on private property that do not exceed one and one-half (11/2) square feet. A maximum of four (4) signs per property in addition to one sign per ten (10) parking spaces, will be allowed without a permit. Directional signs on public property located adjacent to streets, sidewalks or trails are not permitted.
   OUTLINE LIGHTING: Any arrangement or display of incandescent bulbs or lighting tubes used to outline or call attention to the features of a building, including the building's frame, shape, roofline or window dimensions. Outline lighting includes both temporary and permanent arrangement of bulbs or lighting tubing, whether located inside or outside of a building, if such bulbs or tubing is visible to the public from a public right of way or from an outdoor public area.
   PAINTED WALL SIGN: Any sign, permanent in nature, including windows painted on any surface of any building, visible from any public right of way.
   PERMANENT SIGN: A sign constructed of durable material and affixed, lettered, attached to or placed upon a fixed, nonmovable, nonportable supporting structure.
   PERMANENT WINDOW SIGN: A sign or painted information upon or within three feet (3') of a window for the purpose of viewing from outside of the premises. This term excludes merchandise displayed and decorative borders.
   PERSON: Shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind.
   PLASTIC SIGN: Any sign, embellishment or sign area made of plastic, flat sheet, corrugated panels, formed or molded, on one or more faces.
   POINT OF PURCHASE SIGN: Any structure, device, display board, screen surface or wall with characters, letters or illustrations placed thereto, thereon or thereunder by any method or means whatsoever where the matter displayed is used for advertising on the premises a product actually or actively offered for sale or rent thereon or therein or services rendered.
   POLITICAL CAMPAIGN SIGN: A sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election or referendum, or pertaining to the advocating by persons, groups, or parties of the political views or policies.
   PRIMARY MULTIPLE USE FACILITY IDENTIFICATION SIGNS: Any sign identifying a multiple use facility and the tenants therein.
   PROJECTING SIGN: Any sign which is attached to a building, from the outside wall or walls of any building, which is supported by only one rigid support, irrespective of the number of guywires used in connection therewith. A sign suspended from the underside of a canopy or floor overhang perpendicular to the building surface which projects eight inches (8") or more shall be considered a projecting sign for purpose of this chapter.
   REAL ESTATE SIGN: A temporary sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease or rent.
   RESIDENTIAL BUILDING IDENTIFICATION SIGN: Any sign which serves to identify only the name of the occupant and the address of a residential dwelling unit.
   RESIDENTIAL COMPLEX SIGN: Any sign identifying a residential subdivision to include single-family or multiple-family development.
   ROOF, MANSARD: A curb roof having the lower slope almost vertical and the upper almost horizontal, with the same profile on all sides of the building.
   ROOF SIGN: Any sign erected, constructed and maintained wholly upon, above or over the roof of any building.
   SANDWICH BOARD SIGN: A sign with two (2) faces attached at the top and open at the bottom so that the structure forms a wedge and is self-supporting with a maximum height of three feet (3') above the ground or snowpack surface. See definitions of Changeable Copy Sign and Two Sided Sign.
   SECONDARY MULTIPLE USE FACILITY IDENTIFICATION SIGN: Signs which may be located at entrances to a multiple use facility where a primary identification sign is not located. Secondary identification signs shall incorporate the name and/or logo of the multiple use facility. Secondary identification signs are limited to thirty (30) square feet of sign area.
   SIGN: Any device, fixture, placard, or structure that uses any form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
   SIGN AREA: The entire area within a single continuous perimeter composed of squares or rectangles which enclose the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame, background area of sign, structural trim, 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. The supports or uprights on which any such sign is supported shall not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the display. In the case of "skeleton letters" or other signs placed on a wall without any border, the area shall be determined by enclosing all of the letters in a common geometrical shape (e.g., square, rectangle, circle).
   SIGN COPY: Any words, symbols, logos, figures, numbers or symbolic representations incorporated into a sign with the purpose of attracting attention to the subject matter.
   SIGN, FLASHING: Any illuminated sign, which exhibits changes in light or color.
   SIGN HEIGHT: Shall be measured from average ground level at the base of the supporting structure to the top of the sign.
   SITE: One or more parcels of land identified by the assessor's records and for which an integrated building development exists or has been proposed.
   SNIPE SIGN: Any sign made of any material, including paper, cardboard, wood and metal, when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing thereon is not applicable to the premises upon which said sign is located.
   SPECIAL EVENT: An activity or occasion which occurs on premises and does not exceed three (3) weeks in duration.
   TEMPORARY REAL ESTATE OPEN HOUSE SIGN: A temporary sign for the purpose of allowing individual realtors to market property for sale, lease or rent via a staffed open house event.
   TEMPORARY USE: An activity which is not part of a permanent use on the premises and is temporary in nature; such activity shall not exceed six (6) months in duration.
   TEMPORARY USE SIGN: A sign or painted information installed or applied on a property in conjunction with a temporary use with the intent of displaying the sign continuously for more than twenty four (24) hours, but which is not a part of a permanent use on the property and is not intended to be displayed for more than six (6) months.
   TEMPORARY WINDOW SIGN: A sign advertising a sale, special, or a product or activity that does not exceed three (3) months and applied upon or within three feet (3') of a window for the purpose of viewing from outside of the premises.
   THREE-DIMENSIONAL SIGN: A sign in which the lettering is on a different plane than the sign face plane.
   TOURIST ORIENTED DIRECTIONAL SIGN (TODS): Signs defined by Colorado Revised Statutes section 43-1-420(3) and regulated by the Colorado department of transportation.
   TWO SIDED SIGN: A sign with no more than two (2) faces which are viewed separately and must be constructed in a parallel fashion. Only one face of a two (2) sided sign shall be considered in determining the sign area.
   VEHICULAR SIGN: A sign affixed to, or painted onto, or placed in the open bed of a transportation vehicle or trailer for the purposes of business advertising; however, not to include signs affixed to vehicles or trailers for identification purposes or required by licensing ordinances.
   WALKING SIGN: Any sign, including sandwich board type signs, or lettering on a costume, which is carried or worn by any person which is visible from a public right of way, adjacent property, or a public area.
   WALL SIGN: Any sign attached or erected on the exterior wall of a building with the exposed face of the sign parallel to said wall, and supported throughout its length by the wall of the building. (Ord. 440, Series of 2010)