A. Authority, Purpose, Intent, Philosophy: This chapter shall be known and may be cited as THE VILLAGE AT WINTER PARK PARCELS 1-A, 1-B, AND 1-C, VILLAGE CENTER NEIGHBORHOOD SIGNAGE CODE.
1. Authority:
a. The regulations herein are authorized by all or portions of the town of Winter Park, Colorado, ordinances 521 Series of 1998, 530 Series of 1998, 534 Series of 1998, 266 Series of 1998, 267 Series of 1998, 268 Series of 1998, and 304 Series of 2000 which are on file in the town offices.
b. The village at Winter Park architectural review committee (hereinafter "the committee") shall be the governing body for the conditional interpretation and administration of this chapter.
c. The Winter Park Village Master Association (hereinafter "the Master Association") shall be the first agency of appeal of rulings by the committee.
d. The town of Winter Park planning and zoning commission (hereinafter "P&Z") shall grant final approval and permits conditional upon the recommendations of the committee.
2. Purpose And Intent:
a. The purpose of this chapter is to establish a set of standards for the fabrication, erection, and use of signs, symbols, markings, or advertising devices on or adjacent to the buildings comprising the village at Winter Park (hereinafter "village"; see definition of "village", in subsection D of this section) parcels 1-A, 1-B, and 1-C, village center neighborhood that are required by the buildings constructed therein (their owners, tenants, occupants, patrons, etc.). These standards are designed to protect and promote the health and safety of persons within the community and to promote commerce and community identity while maintaining or improving the quality of the visual environment.
b. This chapter shall not govern signage by and for Winter Park recreational association (hereinafter "WPRA") or its parts, including all ski area operations, except as it governs retail signage in the village.
c. This chapter shall not govern signage for traffic control and other purposes such as are normally installed and maintained by municipal authorities. Such signage shall be governed by existing municipal codes and regulations.
d. Signage outside parcels 1-A, 1-B, and 1-C, village center neighborhood shall be governed by the provisions of the sign code of the town of Winter Park until such time as the village at Winter Park comprehensive sign plan is submitted, approved, and adopted by the town of Winter Park.
e. The owner or the duly authorized agent of the village at Winter Park shall provide a plan that identifies the general sign theme for the village and shall make this information available to all tenants in the village.
f. All signs related to the village at Winter Park shall provide a continuity of design to the aggregate, shall be proportioned to the building space allowed, and shall be compatible in design with each other. Such continuity and proportion shall be subject to review by the committee. This subsection A2f should not be construed as requiring all retail signs to be the same. The individuality of business styles and objectives as expressed through signage is encouraged by the committee.
3. Philosophy:
a. Signage is an integral part of creating a consistent visual character for the village. The village is primarily a pedestrian environment, intended to be experienced from a pedestrian point of view. Vehicles are used only for service and for access to the village from elsewhere. It is integral to the intent of this chapter to encourage signage to be designed with this in mind.
b. The design of signage can make a positive contribution to the resort atmosphere and can help tie the contemporary village to historical precedents at the resort, in the valley, and throughout the Rocky Mountain West.
c. Because the village is used by many new visitors as well as by residents and employees, it is important that signs address the needs of persons who are new to the village. In addition, signage must address the changing conditions of use throughout the year, especially wintertime conditions with inclement weather and a substantial buildup of snow.
d. Each type and piece of signage must be designed in recognition of how it will be viewed and by whom. Signs for pedestrian recognition have different requirements than those viewed from vehicles. In general, primary complex and primary building identification signage will be viewed from vehicles as well as by pedestrians, while individual retail identification signage will be viewed by pedestrians and skiers.
e. Some signage has a decorative or marketing function, and some is strictly functional and must meet specific code requirements. Despite these differences, it is desirable to have visual continuity throughout the village. Retail identification signs, however, add vitality if, within certain limits, their design reflects the individual character of each business.
f. As a general rule, signage is most effective if it is simple and direct, without excessive verbiage. Effective graphic design will promote recognition and understanding of the purpose and content of each sign.
g. In order to fulfill these objectives, it is necessary to set general guidelines for size, materials, and styles of all signage. This will provide sufficient control for those types of signage (such as complex, building, and retail identification signs) where individuality of design character is desired.
h. Signs shall be of quality design using quality materials and construction. They shall be designed to stand up to exposure in the mountain environment.
B. 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 an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
8. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunctions "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.
C. Interpretation Of Provisions:
1. Provision Intent: Within the approved parcels 1-A, 1-B, and 1-C, village center neighborhood, the provisions of this chapter shall take precedence over the sign code, chapter 2 of this title. The provisions of this chapter shall not abrogate any ordinances of the town other than the sign code that is more restrictive than the provisions of this chapter.
2. Uncertainty Of Ordinance Provisions: Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the application shall be referred to the committee for determination. The committee shall then authorize signing which best fulfills the intent of this chapter. The determination of the committee regarding any uncertainty shall be final for the purposes of this chapter, subject to appeal as outlined herein.
3. Severability: If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
D. Definitions:
ABANDONED SIGN: A sign is considered abandoned if the business or activity advertised on that sign is no longer licensed, 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 a business or the sale of products or services.
ADVERTISING SIGN: Any sign directing attention to a business, commodity, service or entertainment conducted, sold, or offered, relative to the property upon which the sign is located.
ADVERTISING STATUARY: Any imitation, representation or similitude of a person or thing that is sculptured, molded, modeled in, or cast from any substance, material, or fabric and used for commercial purposes.
ADVERTISING STRUCTURE: Any structure erected for advertising purposes, with or without any advertisement display thereon.
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, fluctuating, flashing, changing, or blinking lights or similar devices.
AREA OF SIGN OR BACKGROUND AREA: The entire area within a single continuous perimeter composed of squares or rectangles which encloses 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. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. 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, window, canopy, awning, or other surface without any border, the area shall be determined by enclosing all of the letters in a common geometrical shape (e.g., square, rectangle, circle). See definition of Sign Copy Area.
AWNING SIGNS: Proportional words, letters, numbers, or other symbols not exceeding eight inches (8") in height that are displayed in a high quality manner on any valance or awning.
BACKLIT SIGNS: Any sign, awning, valance, window covering, or other device that is translucent and is illuminated by lights within or behind the display surface.
BANNER, FLAG: Any cloth, bunting, plastic, paper, vinyl, canvas, or similar pennant material used for advertising purposes attached to, or appended on or from, any structure, staff, pole, line, framing, or vehicle.
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 DIRECTORY: A sign of "permanent" character but with changeable or replaceable copy or panels indicating the occupants of the building for which the directory exists.
BUILDING FACE: The total area of the building elevation, excluding the area of the roof.
BUILDING IDENTIFICATION SIGN: Any identification sign that identifies the name, address, logotype, and/or primary use or services offered within the complex or building to which it is affixed.
1. Primary Building Identification Sign: Any identification sign intended primarily for vehicular viewing from the nearest access road that identifies the name, logotype, and/or primary use of the complex or building to which it is affixed.
2. Secondary Building Identification Sign: Any identification sign intended primarily for pedestrian viewing that identifies the name, address, logotype, and/or primary use or services offered within the complex or building to which it is affixed.
BULLETIN SIGN: See definition of Changeable Copy Sign/Bulletin Sign/Reader/Marquee.
BUSINESS IDENTIFICATION SIGN: A sign which serves to identify only the name, address, logotype, and lawful use or services offered on the premises upon which it is located and which sets forth no other advertisement.
BUSINESS, PRIMARY: A business that has a valid town of Winter Park business license is enclosed by permanent walls and has its own entrances. It will usually, but not always, have its own utilities, i.e., gas, water, electric, and sanitary facilities.
BUSINESS, SECONDARY: A business that has a valid town business license and shares space and utilities with a primary business.
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, constructed upon, supported by, or hanging from a canopy.
CHANGEABLE COPY SIGN/BULLETIN SIGN/READER/MARQUEE: Are equivalent terms that shall mean a sign with easily and periodically changed copy. (Marquee intended for changeable copy theater signage only.)
COMMITTEE: Shall be used herein to refer to the village at Winter Park architectural review committee or its appointee.
COMPLEX: Any individual development, or phase of development, in the village which, in the opinion of the committee, constitutes a separate entity, whether a single building or multiple buildings with multiuse. In general, however, the village is not considered a complex, and identification of the village shall not be considered a complex identification sign for the purpose of this chapter. The determination of a complex shall be at the sole discretion of the committee with final approval from the planning and zoning commission.
COMPLEX IDENTIFICATION SIGN: Any sign which identifies the name and the primary purpose and/or occupants of a given complex of buildings and which is intended primarily for vehicular viewing from the nearest access road.
1. Primary Complex Identification Sign: The primary complex identification sign identifies the complex. The sign may contain the name, primary use, and identifying graphic elements (i.e., logotype) of the complex.
2. Secondary Complex Identification Sign: The secondary sign(s) of the primary complex identification sign identifies the names of the tenants of the complex.
CONSTRUCTION SIGN: Any sign stating the name of the building under construction or the future site occupant and may include the name, address, 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 LIGHTED SIGN: Any sign that has light cast on its surface from a source that is within the sign, including electric lights or luminous tubes.
DISPLAY CASE: Any case, cabinet, or other similar device, wall mounted or freestanding, having a window or other opening to be used in conjunction with changeable, reader, bulletin signs.
DISPLAY WINDOW: A window used primarily for the purpose of displaying merchandise, products, or services offered by a business located within the building and window does not offer views into the business' showroom.
DOUBLE FACED SIGN: Any sign with two (2) faces that are usually parallel and back to back.
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 subsection 6-2A-2A1 of this chapter.
FREESTANDING SIGN: Any detached sign that shall include any sign supported by one or more uprights, braces, poles, or posts placed upon, in, or supported by the ground and not part of, or attached to, any building. This definition includes monument signs and ground signs.
GRADE: The level of the ground, paving, public sidewalk, or curb closest to the sign.
GROUND SIGN: See definition of Freestanding Sign.
IDENTIFICATION SIGN: Any sign which serves to identify only the name, address, and lawful use of the activity to which it relates and which sets forth no other advertisement.
ILLEGAL SIGN: Any sign placed without proper approval and/or permits as required by the Master Association at the time said sign was placed. Illegal sign shall also mean any nonconforming sign that has exceeded its authorized amortization period.
ILLUMINATED SIGN: Any sign for which an artificial source of light is used in order to make the message readable and shall include directly and indirectly lighted signs.
INDIRECTLY LIGHTED SIGN: Any sign that has light cast on its surface from an exterior source, including electric lights or luminous tubes.
MAJOR OCCUPANTS: The primary tenant(s) of a building or complex of buildings, designated as such by the property owner.
MARQUEE: See definition of Changeable Copy Sign/Bulletin Sign/Reader/Marquee.
MASTER ASSOCIATION: Shall be used herein to refer to the Winter Park Village Master Association or its appointee.
MENU BOARD: Any display box, freestanding sign, wall sign, or permanent window mounted sign used for the express purpose of displaying menus.
MOBILE SIGN: See definition of Vehicular Sign.
MONUMENT SIGN: Any freestanding sign that includes an architecturally designed base or column that is constructed of stone, brick or timbers, or other similar material, and is designed to be architecturally compatible with the design of the project.
MULTIPLE USE FACILITY: Any building that is occupied by more than one legal and distinct business. (See definition of Business, Primary and Business, Secondary.)
NONCONFORMING SIGN: A sign or advertising structure existing on the effective date of this chapter that by its height, lighting, color, materials, 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.
PAINTED WALL SIGN: Any sign whose copy is painted directly upon the surface of a building.
PEDESTRIAN INFORMATION SIGN: A sign posted adjacent to a business entrance and providing detailed information about the business (such as a menu or schedule) that is not provided by other signage on said business premises.
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, banner, poster, or placard 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 or service actually or actively offered for sale or rent or services rendered thereon or therein (such as street vendors and vending carts).
PROJECTING SIGN: Any sign which is attached to any part of a building, projecting at an angle from the building, which is supported by any rigid support, irrespective of the number of guy wires used in connection therewith.
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 and address of an occupant of a residential dwelling unit.
ROOF SIGN: Any sign erected, constructed, and maintained wholly upon, above, or over the roof or a canopy of any building.
SIGN: Any writing (including letter, word, or numeral), pictorial representation (including illustration or decoration), emblem (including device, symbol, or trademark), flag (including banner or pennant), or any other figure of similar character which is a structure or any part thereof, or is attached, painted on, or in any other manner represented on a building or other structure, and shall include any sign placed upon a vehicle used to announce, direct attention to, or advertise, and is visible from outside a building. A sign shall include writing, representation, or other figure of similar character within a building and located in a window.
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 COPY AREA: Shall be measured by calculating the sum of the area covered by each word, symbol, logo, figure, number, or symbolic representation. Calculation of sign copy area by the committee or its appointee shall be deemed final for the purposes of this chapter.
SIGN, FLASHING: Any illuminated sign that exhibits changes in light or color.
SIGN GRAPHIC: Any painted design or other medium which covers all or a major portion of a wall, building, facade, or other structure is considered a sign.
SIGN HEIGHT; SIGN CLEARANCE: Sign height shall be measured from average ground level at the base of the supporting structure to the top of the sign; sign clearance shall be the minimum clearance from any walking or driving surface beneath the sign.
SNIPE SIGN: Any sign made of any material including paper, cardboard, plastic, wood, or metal, when such sign is tacked, nailed, pasted, taped, or otherwise attached to trees, poles, fences, bridges, or other inappropriate mountain locations, or left lying on the ground, and/or that the advertising matter appearing thereon is not applicable to the premises upon which said sign is located.
SPECIAL EVENT: An activity or occasion that occurs on or off premises (for the purpose of this definition "premises" shall be within the limits of the parcels 1-A, 1-B, and 1-C, village center neighborhood) and does not exceed fourteen (14) days in duration. Special events may require a special event permit from the town of Winter Park and shall require the prior written approval of the Master Association.
SPECIAL EVENT SIGN: A sign or other information installed or applied on a property in conjunction with a special event 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 premises (for the purpose of this definition "premises" shall be within the limits of the parcels 1-A, 1-B, and 1-C, village center neighborhood). Special event signs shall require the prior written approval of the Master Association. Special event sign(s) shall not be displayed for more than fourteen (14) days prior to the special event and shall be removed within forty eight (48) hours of the conclusion of the special event.
TEMPORARY USE: An activity that is not part of a permanent use on the premises (for the purpose of this definition "premises" shall be within the limits of the respective building property line or associated easements) and is temporary in nature; such an activity shall not exceed thirty (30) days in duration. Temporary uses shall require the prior written approval of the Master Association.
TEMPORARY USE SIGN: A sign or other 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. Temporary use signs shall require the prior written approval of the Master Association.
TEMPORARY WINDOW SIGN: A "temporary use sign" as defined herein (and governed by the time limits listed therefor) and applied upon or within three feet (3') of a window for the purpose of viewing from outside of the premises.
VEHICULAR SIGN: A sign affixed to, 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.
VILLAGE: The village at Winter Park (parcels 1-A, 1-B, and 1-C, village center neighborhood), meaning all properties within the boundaries of the Winter Park village final development plan, as accepted by the town of Winter Park.
WPRA: Shall be used herein to refer to Winter Park recreational association or its appointee.
WPV, INC.: Shall be used herein to refer to the Winter Park Village, Incorporated or its appointee.
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.
WINDOW SIGN: Any sign attached to a window, or located within a building and within three feet (3') of a window which, in the sole judgment of the committee, is intended to be viewed from the outside of the building.
WINTER PARK RESORT: Generic term for the land and facilities in and around the Winter Park ski area. (Ord. 304, Series of 2000; amd. Ord. 388, Series of 2006)