HomeMy WebLinkAbout1967-15 Regulation the Erection, Construction, Repair, Alteration, Location and Maintenance of Signs, Billboards and other Advertiseing Structures within the TOV, Providing for the Posting of Bonds or Insurance Policiesm, the Issuance of Permits and Fees• • • r a
ORDINANCE NO. 15
Series of 1967
AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION,
REPAIR, ALTERATION, LOCATION, AND MAINTENANCE OF SIGNS,
BILLBOARDS AND OTHER ADVERTISING STRUCTURES WITHIN THE
TOWN OF VAIL: PROVIDING FOR THE POSTING OF BONDS OR IN5UR-
ANCE POLICIES; THE ISSUANCE OF PERMITS AND FEES THEREFOR;
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
WHEREAS, The Board of Trustees of the Town of Vail hereby finds
that the Town of Vail is a resort community and the welfare of its citizens is
significantly dependent upon attracting tourists to the Town of Vail, and
WHEPT:AS, Ttie Board of Trustees of the Town of Vail hereby finds
that the physical appearance of a Town is a significant factor in attracting
tourists, and
WHEREAS, The Board of Trustees of the Town of Vail hereby finds
that the chs.racter, form and appearance of signs and other advertising
structures directly affects the general welfare in a resort community, acid
WHEREAS, The Board of Trustees of the Town of Vail hereby finds
that the proper regulation and control of signs and other advertising struc-
tures in the Town of Vail will enhance, promote and contribute to the public
health, morals, safety and public welfare,
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Page 2 -Ordinance No. 15
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE TOV1lN OF VAIL:
Section 1. Short Title
This Ordinance shall hereafter be known and cited as the "Sign Regu-
lations".
Section 2. Definitions
(1) "Action Sign" as used in this Ordinance shall mean the movement
of a sign body or any segment thereof, such as, rotating, revolving, moving
up or down or any other type of action involving a change of position of the
sign body or segment thereof, whether caused by mechanical or any other
means.
(2) "Animated Sign" as used in this Ordinance shall mean any lighted
sign on an intermittent or flashing circuit or the movement of any light used
in connection with any sign, such as, a blinking, traveling, flaring or chang-
ing degree o:~ intensity.
(3) "Area of Sign" as used in this Ordinance shall mean
(a) for free-standing letters or cut-out letters used as a sign,
area shall be computed by taking the area enclosed within the smallest geometric
figure needed to completely encompass all letters, words, insignias or symbols
of the sign, including vertical and horizontal spacings between letters, words,
insignias or symbols, except as otherwise provided herein,
(b) for signs other than free- standing letters, words, insignias or
symbols, the area shall be computed by taking the total area of the facing or
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Page 3 -Ordinance No. 15
the total area within the outer edge of any existing border of the sign.
In every event, computation of allowable sign area shall include
all existing signs on the premises whether such signs be legal or legal non-
conforming under the terms of this Ordinance.
(4) "Banners and Pennants" as used in this Ordinance shall be any
advertising device affixed to poles, wires or ropes, such as banners, pen-
nants, streamers, wind operated propellers, or other similar advertising
media, but not to include properly displayed flags of city, state, national
or international origin.
(5) "Billboard Sign" as used in this Ordinance means any structure
detached from any building and bearing a sign which is not appurtenant to
the use of the property where the sign is located.
(6) "Construction or Project Signs" as used in this Ordinance shall
mean any sign or advertising device erected on a project site prior to or
during a construction project.
(7) "Directory Sign" as used in this Ordinance means a sign designed
to show the relative locations of the several commercial activities within a
building or shopping development for pedestrian purposes <nd not to be loc4te:i
for the purpose of advertising to the attention of vehicular traffic.
(8) "Erect" as used in this Ordinance shall mean to build, construct,
attach, hang, place, suspend or affix, and shall also include the painting of
wall signs.
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Page 4 -Ordinance No. 15
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(9) "Free-Standing Sign" as used in this Ordinance shall mean a
sign detached from any building.
(10) "Luminescent" as used in this Ordinance shall mean any light,
produced by the action of electricity in an enclosed gas, such as neon, arg.o..
and fluorine.
(11) "Mural Decoration" as used in this Ordinance shall mean a painted
scene, figure or decorative design on a wall, not to include written trade or
place names, trade marks or logotype, or advertising messages.
(12) "Name Plate Sign" as used in this Ordinance shall mean any sign
less than two (2) square feet in area used to identify the owner or owners of
a private residence.
(13) "Other Advertising Structure" as used in this Ordinance shall mean
any Billboard as further defined herein.
(14) "Person" as used in this Crdinance shall mean and include any
person, firm, partnership, association, corporation, company or organiza-
tion of any kind.
(15) "Plate Line" as used in this Ordinance shall mean the point at
which any part of the roof structure first touches, or bears upon, an external
wall.
(16) "Projecting Sign" as used in this Ordinance means any sign attached
to a building or other structure and extending in whole or in part more than
nine (9) inches beyond the building line.
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Page 5 -Ordinance No. 15
(17) "Reflective" as used in this Ordinance shall mean any material
or device which has the effect of intensifying reflected light, such as,
Scotchlite, Day Glo, and glass beads, and luminous paint.
(18) "Roof Sign" as used in this Ordinance shall mean any sign erected
in any way upon a building or structure which extends above the plate line of
the building or structure, not to include signs defined as a wall sign.
(19) "Signs" as used in this Ordinance shall mean and include every
sign, billboard, bulletin board, free-standing sign, wall sign, roof sign,
illuminated sign and projecting sign, and shall include any announcement,
declaration, demonstration, display illustration or insignia used to advertise
or promote the interests of any person when~he same is placed in view or
the general public from outside the structure on which the sign is placed.
(20) "Wall Sign" as used in this Ordinance shall mean a sign attached
to, painted on, or erected against the wall of a building or structure with
the exposed face of the sign in a plane parallel to the face of said wall. A
wall sign shall not project from the wall in excess of nine (9) inches.
(21) "Wall" as used in this Ordinance shall mean the surface area of
any major plane unit of any side or face of a building.
Section 3. Permits Required
It shall be unlawful for any person to erect, alter, relocate or main-
tain within the Town of Vail, any sign, mural decoration, or other advertising
structure as defined in this Ordinance, without first obtaining both the written
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Page 6 -Ordinance No. 15
approval of the Sign Review Board and an erection permit from the Town
Building Official.
Section 4. Application for Erection Permit
Application for erection permit shall be made upon forms provided by
the Building Official, and shall have attached thereto the following information
and such other information pertaining to the proposed sign as the Building
Official may require.
(a) Name, address and telephone number of the applicant.
(b) Location of building structure, or lot to which or upon which the
sign or other advertising structure is to be attached.
(c) Position of the sign or other advertising structure in relation to
nearby buildings or structures.
(d) Two sets of drawings of the plans and specifications including size
and color of the sign and its various parts, the style of lettering and the
method or at`achment to the buildings or in the ground.
(e) A color sketch of the sign and building as they would appear in
relation to each other.
(f) If required by the Building Official, a copy of stress sheets and
calculations showing that the structure is designed for dead load and wind
pressure in any direction in the amount required by this and all other laws
and Ordinances of the Town.
(g) Name of person erecting the sign.
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Page 7 -Ordinance No. 15
(h) Written consent of the owner of the building, structure, or land
to which or on which the sign is to be erected.
(ij Insurance policy or bond as required in Section ZO of this Ordinance.
Section 5. Permit Fee s
Every applicant, before being granted a permit hereunder shall pay
to the Town Treasurer the following permit fee for each such sign or other
advertising structure regulated by this Ordinance: A fee of $2. 50 per sign
or other advertising structure.
Section 6. Creation of Sign Review Board
The Sign Review Board of the Town of Vail is hereby created and
established. The Sign Review Board shall consist of five (5) rriembers, who
shall be citizens of the Town of Vail and who shall be appointed by and hold
office at the pleasure of the Board of Trustees of the Town of Vail. The
Building Official shall be an ex-officio non-voting member of the Sign Review
Board and shall act as Secretary of the Board.
Section ?. Duties of Sign Review Board
The Sign Review Board shall review the appearance, form, color,
character, dimensions and materials of all signs and other struc~ures required
to obtain a permit under this Ordinance. The Sign Review Board shall make
such requirements necessary to insure that all signs and other structures
required to obtain a permit under this Ordinance are in harmony with the
rural alpine character of the Town of Vail.
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Page 8 -Ordinance No. 15
Section 8. Meetings and Procedures
The Sign Review Board shall elect its own Chairman and Vice-
Chairman, who shall serve for such terms as the Board may determine.
The Board may adopt from time to time such rules and regulations as it
may deem necessary to carry out the duties prescribed.
Meetings of the Sign Review Board shall be held at the call of the
Chairman and at such other times as a majority of the Board may deter-
mine. All meetings of the Board except executive sessions shall be open
to the public. The Board shall keep minutes of its proceedings and shall
keep such other regulations as it shall deem necessary. Executive sessions
of the Board may be called by the Chairman. Each member of the Board
shall have the right to vote with respect to any matters presented to said
Board.
All expenditures of the Sign Review Board shall be determined and
appropriated by the Board of Trustees of the Town of Vail.
Section 9. Approval of Sign Review Board Required
The Building Official shall no more than three days after the filing
of a complete application for a sign permit, forward such application along
with all attached information to the Chairman or Acting Chairman of the
Sign Review Board. Within thirty (30) days after such delivery, the Sign
Review Board shall deliver in writing to the Building Official its approval,
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Page 9 -Ordinance No. 15
conditional approval, rejection or disapproval of said application. Failure
of the Sign Review Board to act within thirty (30) days from receiving an
application shall constitute an approval of said application. Following
receipt of a sign permit application, the Sign Review Board shall consider
the same and shall hold at least one hearing of which the applicant shall be
given at least five (5) days notice in writing as to time, place and purpose
and at which time the applicant shall be accorded an opportunity to be heard.
The Building Official shall issue no permit for the erection, altera-
tion, relocation or maintenance of any sign or other structure required to
obtain a permit under this Ordinance, without the approval in writing of
the Sign Review Board.
Section 10. Bonds and Liability Insurance
No person shall erect, alter, relocate or maintain any sign or other
structure for which a permit is required under the provisions of this Ordi-
nance that extends into or overhangs any public street, way or alley, with-
out first registering with the Town proof that there is being maintained and
carried, for each sign for which a permit is required, liability insurance
in the sum of Twenty-Five Thousand Dollars ($25, 000, 00) for any personal
injury or any property damage by reason of any negligence in the construc-
tion, installation, removal, alteration, rehanging or maintenance of said
sign, or by reason of defects in the materials used or in their construction,
or damages resulting from the collapse or failure of the sign or any part
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Page 10 -Ordinance No. 15
thereof. Said insurance shall be maintained by the Contractor doing t'.ze
construction, alteration or repair during the period of such construction,
alteration or repa~• and taoreziter by the owner of the premises upon which
the sign is locatod. 5~.id insurance si,.all be carried in a firm or corporation
which has been duly licensed o~ permitted to carry on such business in the
State of Color~.do, anc; sh411 be L-opt and maintained continuously in force
anel eff::ct so long a,, the sign sh~_11 b^ maintained. A certified copy or
certific~.te of each insurance policy shall be filed with the Town Cleric, wita
thn rortific~+_c of the insuror t.zat eac~i policy is in full force and effect and
th:a eais iasuranc•. ~=gill not b•o a.Lo~ed, ar~enc',e~~-, ter,.rna±od or ended with-
out notice having been gi-~en to the Town.
in the eve:it any insurance policy provided for herein lapses and is
not imr.~ze li~.tely renewed, the permit for said sign shall'an immediately
revoked.
Section 11. Unsafe and Unlawful Sins
If the Town Building Official shall find that any sign or other adver-
ti~ir_g structure as defined in this Ordinance, is unsafe or insecure, or is a
menace to the public, or has been constructed or erected, or being main-
tained in violation of the previsions of this Ordinance, he shall immediately
give written notice to the permittee thereof and shall have said written notice
served upon permit~ee by the To•~~n Building Official or Police Officer of the
Town of Vail. If the permittee fails to remove or alter the structure, so as
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Page 11 -Ordinance N~o. 15
to comply with the standards herein set forth, within twenty-four (24) hours
after such notice, said sign or structure may be removed by the Town Build-
ing Official at the expense of the permi:.tee or owner of the property upon
which it is located. The Town Building Official may cause any sign or other
advertising structure as defined in this Ordinance, which is an immediate
peril to persons or property, to be removed summarily and without notice.
Section 12. Maintenance
All signs and other advertising structures, together with all their
supports, braces, guys, and anchors, shall be kept in good repair and
shall be painted or cleaned as often as necessary to maintain a clean and
orderly appearance.
Section 13. Wind Pressure and Dead Load Requirements
Any sign or advertising structure as defined in this Ordinance shall
be designed anct constructed to withstand wind pressures and receive dead
loads as required in the 1964 Uniform Building Code, adopted as Ordinance
No. 8, Series of 1967.
Section 14. Removal of Certain 5i~ns
Any sign now or hereafter existing which no longer advertises a bona
fide business conducted, or a product sold, shall be taken do~x~n and removed
by the owner, agent or person having the beneficial use of the building or
structure upon which such sign may be found within ten (10) days after
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Page 12 -Ordinance No. 15
written notification from the Town Building Official, and upon failure to
comply with such notice whithin the time specified in such order, the Town
Building Official is hereby authorized to cause removal of such sign, and
any expense incident thereto shall be paid by the owner of the building or
structure to which such sign is attached.
Section 15. Obstruction to Doors, Windows or Fire Escapes
No sign or other advertising structure as defined in this Ordinance
shall be erected, relocated or maintained so as to prevent free ingress to
or egress from, any door, window or fire escape. No sign or other adver-
tising structure as defined in this Ordinance shall be attached to a stand
pipe or fire escape.
Section 16. Sims Not to Constitute Traffic Hazards
In order to obtain and secure reasonable traffic safety, it shall be
unlawful for any person to erect or maintain any sign containing reflective
materials cr any animated sign or action sign as defined in this Ordinance.
No sign or other advertising structure shall be erected or maintained in
such a manner as to obstruct free and clear vision or as t~ distract the
attention of the driver of any vehicle by reason of the position, shape or
color thereof. Pursuant to the foregoing, no sign or other advertising struc-
ture shall be erected or maintained in such a manner as to be likely to inter-
fere with, obstruct the view of, or be confused with, any authorized traffic
sign, signal or device. Accordingly, no sign or other advertising structure
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Page 13 -Ordinance No. 15
shall make use of the words "Stop", "Go", "Look", "Slow", "Danger", or
any other similar phrase symbol, or character, or employ any color in
such a manner as to interfere with, mislead or confuse traffic.
Section 17. Free-Standing Signs
All free-standing signs and the premises surrounding the same shall
be maintained by the owner thereof in a clean, sanitary, and inoffensive
condition, and free and clear of all obnoxious substances, rubbish and
weeds.
There shall not be more than one free-standing sign for each eleva-
tion of a building, regardless of how many businesses or commercial entities
are located in such building.
Section 18. Wall Signs
It shall be unlawful for any person to erect, alter, maintain or relo-
cate any wall sign that exceeds an area of twenty-five (25) percent of the
area of the wall to which the sign is attached, nor shall the aggregate area
of two or more wall signs attached to the same wall exceed twenty (20) per-
cent of the area of the wall to which they are attached.
It shall be unlawful for any person to erect, alter, maintain or relo-
Cate any wall sign that covers, wholly or partially, any wall opening or that
projects beyond the ends or top of the wall to which it is attached. There
shall not be more than one wall sign for each business or commerical entity
on each elevation of a building.
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Page 14 -Ordinance No. 15
Section 19. Mural Decorations
It shall be unlawful for any person to erect, alter, maintain or relo-
cate any mural decoration without submitting specifications and designs to
the Sign Review Board.
Section 20. Roof Suns
It shall be unlawful for any person to erect or maintain a roof sign as
defined in this Ordinance.
Section 21. Banners and Pennants
IIt shall be unlawful for any persanb~ erect or maintain banners or
pennants as defined in this Ordinance.
Section 22. Pro.jectin~ Suns
It shall be unlawful for any person to erect, alter, relocate or main-
tain any projecting sign as defined in this Ordinance:
(a) With an area greater than six (6) square feet on any one face of
said sign.
(b) with a distance between the principal faces greater than twelve
(12)inches.
!c) with a ratio between any side to another side greater than six (6)
to one (1 }.
(d} which extends more than seven (7) feet from the structure to
which it is attached.
(e) which is placed less than seven (7) feet above ground level.
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Page 15 -Ordinance No. 15
Section 23. Indirect or Interior Lighting
Indirect or interior lighting may be used to illuminate any sign pro-
vided that the :.ource of light shall concentrate the illumination upon the
area of the sign so as to prevent glare upon the street or adjacent property.
Section 24. Luminescent Signs
It shall be unlawful for any person to erect, alter, maintain, or relo-
cafe any sign empioyir.,~, the use of lurninesccr :.:~ht^ as defined in this
Ordinance, excep'~ ~ehere such luminescent elements are shielded from
direct view by a cepara.te translucent material.
Section 25. Billb~a rd Signs
It shall b~ unlawful for any person to erect, alter, maintain or relo••
c2:te any billboarc' sign as defined in this Ordinance in the Town of Vail,
unless hereafter specifically provided for in the zoning ordinance or devel-
opment code of the Town of Vail.
Section 2C Tempo __ar~ Signs
The Sign Review Board may authorize the Building Official to issue
a special permit for the erection of a temporary sign. Permits for temporary
signs shall. authorize the erection of said signs and their maintenance for a
period suitable for the intended purpose of the sign, but not to exceed six (6)
calendar months. It shall be unlawful for any person to maintain, alter or
relocate any temporary sign after six months from the date the permit was
issued for said temporary sign without an extension of the original permit
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Page 16 -Ordinance No. 15
in writing from the Sign Review Board.
Section 27. Exemptions
The provisions and regulations of this Ordinance shall not apply
to the following signs, provided, however, said signs shall be subject to
the provisions of Sections 11 through 15:
(a) Bulletin boards not over four (4) square feet in area for public,
charitable or religious institutions when the same are located on the
premises of said institutions;
(b) banners or pennants, as defined in this Ordinance, which tem-
porarily promote or announce a convention group, providing that said
banners and pennants are placed only on the premises in which the conven-
tion group is located;
(c) memorial signs or tablets, names of buildings and date of
erection ~Nhen cup into any masonry surface or when constructed of bronze
or other incombustible materials;
(d) residential "Name Plate Signs" as defined in this Ordinance;
(e) traffic and other municipal signs, legal notices, danger and
such temporary, emergency or non-advertising signs as may be approved
by the Sign Review Board:
(f) signs or billboards, approved by the Sign Review Board, that
advertise the Town of Vail in general, or provide a community directory
to the recreational and commercial facilities offered in the Town of Vail.
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Page 17 -Ordinance No. 15
Section 28. Construction or Project Signs
It shall be unlawful for any more than one construction or project
sign to be placed on a single project site and that the maximum area of the
sign be thirty-two (32) square feet.
Section 29. Non-Conforming Signs
Every sign or other advertising structure in existence on the effec-
tive date of this Ordinance, shall be removed, altered, or replaced as here-
inafter provided, so as to conform with the provisions of this Ordinance.
In the case of any violation of or non-conformity with, the provi-
sions of Sections 11 through 16 of this Ordinance, the removal, alteration
or repair of the violating or non-conforming sign or other advertising
structure shall be effected promptly in accordance with the provisions of
said sections.
In the case of any violation of or non-conformity with the provisions
of Sections 17 through 27 of this Ordinance, the removal, alteration or
repair of the violating or non-conforming sign or other advertising struc-
ture shall be effected no later than October 31, 1968.
Every sign or other advertising structure lawfully in existence on
the adoption of this Ordinance shall not be altered or moved unless it be y
made to comply with the provisions of this Ordinance.
The provisions of this Section shall not exempt the owner of any
non-conforming signs or other advertising structures from the requirements
of Section 10.
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Page 18 -Ordinance No. 15
Section 30. Zoning Restrictions
The provisions of this Ordinance regulating signs and other adver-
tiling structures shall be subject to and further restricted by any applicable
provision of the preser_t or hereafter adopted zoning ordinance or develop-
ment code of the Town ef. V^.il.
Section 31. Revocation of Permits
The Building Offici~.l is hcreb; authorized and empowered to revoke
any permit issued by .7im upon f~.ilu~e of the permittee to comply with any
provision of this Ordinance.
Section 32. Penalties
11ny person violating any of the provisions of this Ordinance shall be
guilt;; cf a micdemee.nor and upon conviction thereof shall be punished for
suoh offentie by imprisonment for not more ±han ninety days or by a fine of
r_ot less th<_n ~5. 00 nor more than x$300. 00, or by both such fine and imprison-
ment. Ea~Y. day such violation is committed or permitted to continue, shall
~o~.stitute a separate offense and shall be punishable as such hereunder.
Section 33. Safety Clause
The Board of Tru:st,.es hereby finds, determines and declares that
this Ordinance is necessary and proper to provide for the safety, preserve
the health, promote the prosperity, improve the morals, order, comfort
and convenience of the Town of Vail and the inhabitants thereof.
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Page 19 -Ordinance No. 15
Section 34, Severability
It is the intention of the Board of Trustees that this Ordinance or
any part or provisions thereof, shall be considered severable and, if any
provisions o`. this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions
or applications of the Ordinance which. can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance
are declared severable.
Section 35. Emergency
The Board of Trustees finds and determines that the passage of this
Ordinance is necessary for the immediate preservation of the public health
and safety of the inhabitants of the Town of Vail and that this Ordinance shall
become effective Five (5) days after publication.
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•
Finally passed, adopted and approved on this
day o f ~s~~ ~r,,,,~~ ~, 19 6
rte" /~
~ n i ~
~r-~'-`..2 ~~- / __ O ~ Mayor
v
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ATTEST:
~~~,~-~ ' ~~- Town Reorder
(SEAL)