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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, ~ • • . • 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 i • 1 • t 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. •" Page 4 -Ordinance No. 15 • ~ • (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. i • • . • 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 • • • ~ ~ 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. • • • ~ ~ 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. • ~ • • • 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, • • • ~ • 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 ~ • ~ • ~ • 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 1 ! • t • 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 ~ • • • • 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 s • r • • 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. a • • • • 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. ~ • r • • 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 a • • • • 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. .~_~ ~ ~ • • 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. ~. • • ~ • 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. • • • ~ ~ 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. ` 1~ • Finally passed, adopted and approved on this day o f ~s~~ ~r,,,,~~ ~, 19 6 rte" /~ ~ n i ~ ~r-~'-`..2 ~~- / __ O ~ Mayor v ~ ~~~ ATTEST: ~~~,~-~ ' ~~- Town Reorder (SEAL)