A. Exempted Signs: The following signs, if nonilluminated and nonanimated, shall be exempt from the application, permit and fee requirements of this chapter:
1. Memorial Tablets And Plaques: Memorial tablets and plaques installed and authorized by a duly constituted governmental agency or recognized historical society.
2. Official And Legal Notices: Official and legal notices issued by any court, public body, or officer in performance of a public duty or in giving any legal notice.
3. Attraction Boards, Changeable Copy Signs, Sandwich Boards: Attraction boards, changeable copy signs and sandwich boards as defined in subsection 6-2-2B of this chapter must be located on private property. Such signs are limited in size to six (6) square feet as defined in subsection 6-2-2B of this chapter (two sided signs). The sign shall be placed in a location which will not cause unreasonable annoyance or inconvenience to adjoining property owners and/or the public. During winter months, the location of each sign must not interfere with snow removal. The sign must be removed immediately if damaged or in disrepair. Until October 31, 2021, sandwich boards are allowed to be located on private property or public sidewalks, so long as the sandwich board does not impede pedestrian traffic or snow removal operations and the sandwich board complies with all other applicable regulations.
4. Directional, Warning, Informational, Pedestrian Signs Or Structures: Directional, warning, informational, or pedestrian signs or structures required or authorized by law, or by federal, state, county or town authority. Illuminated signs are subject to planning commission approval for size, color and material. Such signs shall promote the public good, health, safety, and welfare.
5. Residential Building Identification Signs: Residential building identification signs used to identify individual residences, which shall not exceed two (2) square feet in size, shall be limited in content to the name of the resident and address of the premises. Freestanding signs shall not exceed five feet (5') above grade.
6. Flags: Official flags of the United States Of America, the state of Colorado, and other states of the United States, counties, municipalities, official flags of foreign nations recognized by the United States government. No side of any flag may be greater than a maximum of six feet (6'), except flags on poles over thirty five feet (35') high may have a flag which has a width of not more than twenty five percent (25%) of the height of the pole. All flags shall be displayed in a proper manner.
7. Real Estate Signs: Refer to section 6-2-7-11 of this chapter.
8. Prohibited Activities Signs: Prohibited activities signs located on a property posting said property for warning or other prohibitions on trespassing, hunting, fishing, swimming or other prohibited activities. Such signs shall be no greater than one square foot in area and shall be spaced no closer than fifty feet (50') apart, except as otherwise provided in other applicable town ordinances. Setback requirements shall not apply to such signs.
9. Interior Signs: Interior signs located on the interior of a building or structure and not visible under normal viewing conditions from outside the building primarily designed for the information of persons within the subject building or structure.
10. Open/Closed Hours: Door and window signs that designate hours and "Open" and "Closed" shall not exceed four (4) square feet and not more than one of each is allowed per business entrance.
11. Vacancy/No Vacancy: All "Vacancy" or "No Vacancy" signs are not to exceed two (2) square feet, and not more than one of each per business is permitted.
12. Seasonal Decorations: Temporary, noncommercial decorations or displays, when such are clearly incidental to, and are customarily or commonly associated with, any national, local or religious celebration; provided, that such decorations or displays are maintained in an attractive condition and do not constitute a fire hazard. Outline lighting, decorative strings of lights in trees, holiday string lights or colored tree lights may be used for decorative purposes to coincide with the Thanksgiving/Christmas holiday season (November 15 through January 15) and shall be exempt from permit requirements if displayed for no more than sixty (60) days and removed following that time period. Clear or white string lights may be used the remainder of the year only for purposes of landscape decoration, window decoration, outline lighting and display. Bulbs on such lights shall not exceed ten (10) watts and shall not twinkle or flash and shall be installed according to the national electrical code.
13. Signage On Motor Vehicles: Signs permanently or magnetically attached to motor vehicles or trailers which are being operated or stored in the normal course of business, such as signs on delivery trucks indicating the name of the owner or business; provided, that the primary purpose of such vehicles is not for the display of signs, and provided that such vehicles are parked or stored in areas appropriate to their use as vehicles. Signs painted on trailers used on construction sites also are exempt provided that a building permit has been issued for that site and the trailer is not stored in such a way as to act as a sign.
14. Window Signs: Window signs that are more than three feet (3') back from the window, except illuminated signs arranged for the purpose of viewing outside the premises. The area of illuminated signs arranged for the purpose of viewing outside the business is to be counted in the total allowable business signage and a permit is required.
15. Signs Not Visible From Beyond Lot/Parcel Boundaries: Signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare, right of way or outdoor public area.
16. Display Case: "Display case" as defined in subsection 6-2-2B of this chapter shall not require a permit to change display items. Such cases are limited in size to six (6) square feet.
17. Political Signs: Political signs having to do with any issue, ballot measure, ballot proposition, candidate or group of candidates in any district, municipality, community, state or federal election shall be permitted subject to the following:
a. All political signs shall be placed no earlier than thirty (30) days prior to the election and shall be removed not later than seven (7) days following the date of the election. In the event all signs are not removed within the specified time or are posted prior to the specified time period, the town shall have the right to remove and dispose of same.
b. All political signs shall be in compliance with subsection B11 of this section which prohibits the affixing of any sign on any public property or within the public right of way. Signs located on public property shall be removed immediately.
c. The town or its authorized personnel have the right to enter private property and remove any sign posted in violation of the provisions of this chapter.
d. Political signs shall not exceed four (4) square feet in size and shall be limited to one sign per lot.
e. The candidate, or person(s), responsible for the placement of a political sign shall be responsible for its removal.
f. Political signs shall not be affixed to any living plants, trees, bushes or shrubs.
18. Individual Construction Signs: Individual construction signs posted by contractors shall be no larger than six (6) square feet and valid for a period of not more than six (6) months. All individual construction signs must be removed prior to a certificate of occupancy being issued.
19. On Site Directional Signs: On site directional signs.
20. Ideological Signs: Ideological signs not to exceed four (4) square feet in area per sign when located on private property and not otherwise in a public right of way, or on public property or structures.
21. Garage, Estate Or Yard Sale Sign: Signs which advertise a garage, estate or yard sale on the lot on which the sign is located; such signs shall be erected no sooner than two (2) days prior to the date of the sale and must be removed within one day after the date of sale; such sign shall have the date of the sale posted.
22. Tourist Oriented Directional Sign: Tourist oriented directional sign (TODS) subject to resolution 303, series 1990.
23. Historic Plaques: Historic plaques erected by the town or historic agencies designating an area of historical significance.
24. Bumper Stickers: Bumper stickers or similar expressions of noncommercial speech affixed to motor vehicles.
25. Picket Signs: Picket signs used by persons engaged in lawful picketing activities.
26. Residential Nameplates: Residential nameplates.
27. Community Event Signs: Banners, flags, signs, and other similar devices erected on town controlled property to identify a point of interest or landmark or to promote a temporary or seasonal community event subject to the following:
a. Banners placed in Hideaway Park shall not be installed on the fence along Highway 40 and shall only be placed on the pavilions, restroom structure or stage.
28. Highway Banners: If the town council elects to erect temporary highway banners, such signs shall be exempt from all provisions and regulations of this chapter.
B. Prohibited Signs: The following signs shall not be permitted in the town of Winter Park:
1. Signs Not Specifically Authorized By This Chapter: Any sign not specifically authorized or permitted in accordance with the provisions of this chapter is prohibited.
2. Animated Or Moving Signs; Exception: Animated or moving signs, including signs consisting of any moving, swinging, rotating, flashing, blinking, scintillating, fluctuating or otherwise animated light, unless specifically permitted as part of the allowable signage enumerated in this chapter and as part of a conditional use permit for an electronic message sign approved by the town of Winter Park planning commission and the town of Winter Park town council pursuant to section 6-2-15, "Conditional Use Permit", of this chapter.
3. Advertising Devices/Statuary: Advertising devices, "advertising statuary" as defined herein.
4. Flags, Pennants, Balloons, Inflatable Signs Used For Advertising; Exception: Flags, pennants, balloons, inflatable signs used for advertising purposes, except as provided in section 6-2-7-3 of this chapter. Decorative flags, banners or pennants or a combination of same, constituting an architectural feature which is integral to the design character of a project may be permitted if first approved by the planning commission.
5. Light Bulb Strings And Exposed Tubing: Light bulb strings and exposed tubing including external displays, which consist of unshielded light bulbs, festoons and strings of open light bulbs, are prohibited. An exception hereto may be granted by the planning commission based on the criteria identified in subsection 6-2-1E of this chapter when the display is in keeping with the overall design theme put forth for the multiple use facility and/or for the business activity to which it relates except as provided in subsection A12 of this section.
6. Off Premises Signs Or Billboards; Exception: Off premises signs or billboards, including any sign, other than directional signs, installed for the purpose of advertising a project, person or subject not related to the premises upon which said sign is located, except to advertise a community event or function inside or outside the town boundaries, not to exceed thirty (30) days prior to said event, and with a special event permit (title 7, chapter 11 of this code).
7. Hazardous Signs: Signs which create a safety hazard by obstructing clear view of pedestrian, bicyclists and vehicular traffic.
8. Signs Constituting A Traffic Hazard: No person shall install or maintain or cause to be installed or maintained any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of the words "stop", "look", "danger" or any other words, phrases, symbols, or characters in such a manner to interfere with, mislead or confuse traffic.
9. Signs On Doors, Windows Or Fire Escapes: No sign shall be installed, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape, except those signs as required by other codes or ordinances.
10. Signs In Proximity To Utility Lines: No permit shall be issued for any sign, and no sign shall be constructed or maintained, which has less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the state of Colorado, or rules and regulations duly promulgated by agencies thereof.
11. Signs On Public Property/Rights Of Way; Exception: Signs on public property including streets, medians (except as outlined in section 6-2-7-9 of this chapter), islands, parkways, sidewalks, traffic control signposts, utility poles, and trees. Signs are prohibited on any utility pole, traffic signpost, traffic signal or any other official traffic control device. Signs shall not project over or into a public right of way. No person except a public officer in performance of a public duty shall affix, by any means, any form of sign, on any public property or within the public right of way. An exception hereto may be granted by the planning commission after being referred to the public works director.
12. Vehicle Signs; Exception: Vehicle signs, including signs affixed to automobiles, trucks, trailers or other transportation vehicles or signs placed in the open bed of any such transportation vehicles which advertise, identify or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise, or as required by licensing ordinances, except as provided in subsection A13 of this section.
Provided however, an exemption may be granted by the planning commission for advertising by public transportation systems, i.e., taxis and buses with PUC licensing. A plan shall be submitted to the design review committee for review. This signage may be internally illuminated, but not to exceed the wattage listed in subsection D of this section.
13. Roof Signs: Roof signs as defined herein except those on mansard roofs.
14. Audible Signs: Signs which produce audible noise or sounds.
15. Signs With Visible Emissions: Signs which emit visible smoke, vapor, particles or odor.
16. Snipe Signs: Snipe signs as defined in subsection 6-2-2B of this chapter.
17. Swinging Or Moving Signs: Signs intended to swing or otherwise noticeably move as a result of wind pressure because of the nature of suspension or attachment of such signs.
18. Lewd Or Immoral Signage: Words or pictures contained in a sign which reflect lewd or immoral information or images as determined by standards and values of the community.
19. Vending Machines Visible From Public Right Of Way: Vending machines that are internally illuminated and visible from the public right of way.
20. Walking Signs: Walking signs.
21. Colored Backgrounds Required: All signs and banners must have colored backgrounds. White or a light color that would appear white from fifty feet (50') away are prohibited.
C. Abatement Of Signs Relating To Inoperative Activities: Signs pertaining to activities or occupants that are no longer using a property or no longer have a business license with the town shall be removed from the premises, or sign copy on such signs shall be obliterated within thirty (30) days after the associated enterprise or occupant has vacated the premises. Such sign shall be replaced with an opaque colored blank sign or other type of material as to conceal any exposed bulbs or frame. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to abatement.
D. Lighting Regulations:
1. Shielded Lighting: Light bulbs or lighting tubes used for illuminating a sign shall not be visible from the vehicular travel lanes of adjacent public right of way. The use of adequate shielding, designed so that light from sign illuminating devices does not shine directly into the eyes of passing motorists without first being reflected off the sign or its background, is required whenever sign lighting is used. This type of lighting is permitted in all zoning districts.
2. Subdued Lighting: The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent travelway or closest municipal street; and the illumination of a sign shall not be noticeably brighter than other lighting in the vicinity.
3. Direction Of Lighting: All lighting fixtures shall be placed above the sign and shall shine downward. Illumination of signs shall not be directed toward adjacent properties.
4. Component Painting: All light fixtures, conduit and shielding shall be painted a flat, dark color, or shall be painted to match either the building or the supporting structure that serves as the background of the sign.
5. Searchlights: Beacons, lasers or searchlights shall not be permitted for advertising purposes.
6. Interior Lit Signs, Commercial Signage: Signs which emit light through the background or copy portion of the sign, exposed gaseous light tubing and individual, precast or formed letters, individually illuminated and backlit, with translucent or opaque faces shall be allowed in any zoning district except R-1 and R-2 subject to the following criteria:
a. Every sign or architectural display shall have a good scale and proportion in its design and in its visual relationship to buildings and surroundings.
b. The colors, materials and lighting of every sign shall be restrained and harmonious with the building site to which it principally relates.
c. When used as a sign, the number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the sign face.
d. When used as a window sign, the restrictions of subsection A14 of this section shall apply.
7. Interior Lit Signs, Residential Signage: Signs which emit light through the precast or formed letters and graphic elements shall be permitted in any zoning district subject to the following criteria:
a. Background area shall not be illuminated, only the individual lettering and graphic elements may be illuminated.
b. Every sign or architectural display shall have a good scale and proportion in its design and in its visual relationship to buildings and surroundings.
c. The colors, materials and lighting of every sign shall be restrained and harmonious with the building site to which it principally relates.
d. When used as a sign, the number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the sign face.
8. Neon Signs: Neon signs are permitted in any zoning district except R-1 and R-2 for commercial signage only subject to restrictions in subsection 6-2-7-7I of this chapter. (Ord. 440, Series of 2010; amd. Ord. 543, Series of 2020)