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HomeMy WebLinkAbout1982-14 Amending Title 16 "Signs" of the Vail Municipal Code Clarifying the Definitions of Arcade, Design Review Board, Existing Grade, Allowable Size, Business Frontage, Subdivision Entrance Sign, Window Signs, and Zone; Amending the Appeal Periodr ~ _ wb ~~ .y •n •~ ~ • ORDINANCE # 14 (Series of 1962) AN ORDINANCE AMENDING TITLE 16 "SIGNS" OF THE VAIL MUNICIPAL CODE CLARIFYING THE DEFINITIONS OF ARCADE, DESIGN REVIEW BOARD, EXISTING GRADE, ALLOWABLE SIZE, BUSINESS FRONTAGE, SUBDIVISION ENTRANCE SIGN, WINDOW SIGNS, AND ZONE; AMENDING THE APPEAL PERIOD; AMENDING THE DESIGN REVIEW GUIDELINE RELATING TO THE LIGHTING OF SIGNS; ADOPTING A SECTION SPECIFYING PROHIBITED SIGNS; CLARIFYING THE NUMBER AND TYPES OF SIGNS ALLOWED; AMENDING THE SIGN CATEGORIES FOR DISPLAY BOXES, PROJECTING AND HANGING SIGNS - INDIVIDUAL BUSINESS WITHIN A MULTI-TENANT BUILDING, PROJECTING AND HANGING SIGNS - SINGLE BUSINESS USE, SUBDIVISION ENTRANCE SIGNS, WINDOW SIGNS, AND TEMPORARY SITE DEVELOPMENT SIGNS; REPLACING THE TERM AVERAGE GRADE WITH THE TERM EXISTING GRADE, CLARIFYING THE METHOD OF DETERMINING THE ALLOWABLE NUMBER OF SIGNS, AND SETTING FORTH DETAILS IN RELATION THERETO. WHEREAS, the Staff of the Community Development Department have recommended to the Design Review Board certain changes to clarify definitions contained within the sign code, design review guidelines, specify prohibited signs, and to clarify the number and types of signs allowed; and WHEREAS, the Design Review Board has reviewed the recommended changes and recommend to the Town Council the changes herein contained; and WHEREAS, the Town Council is of the opinion that the following changes would be in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 16 "Signs" of the Vail Municipal Code is amended as follows: a. The f ollowing definitions are amended to read as f ollows: 16.04.020 Arcade Arcade means a courtyard, mall, pedestrian walkway, or similar area between buildings or structures which are part of the same development or project. 16.04.050 Design Review Board "Design Review Board" means a seven member board appointed by the Town Council as dictated by the Zoning ordinance which shall consist of six members appointed fran the community and one rotating member from the Planning Commission. 16.04.110 Frontage, Business "Business frontage" means the lineal distance from outside to outside of a structure or portion of a structure housing a particular business or businesses directly adjacent at ground Tevel to a major pedestrian or vehicular way. 16.04.120 Grade, existing "Existing grade" means existing ground level at any 'given point prior to the erection of a sig~~. r •' Page 2 16.04.260 Size, allowable "Allowable size" means allowable area of a sign which shall be computed by using the outside dimensions of the face, in the same plane, of a one or two sided sign and each face of a multi-sided sign. Computation of allowable sign area shall include all existing signs on the premises, whether the signs are conforming or nonconf orming under this title. Freestanding or wall-mounted letters will be measured using the smallest geometric figure or series of figures which will enclose all letters or symbols. Spaces between individual letters or symbols will be included within the computation of allowable sign area. 16.04.290 Subdivision entrance sign. "Subdivision entrance sign" means a sign permitted to identify a major subdivision, a condominium complex, or group of apartment buildings having at least 100 linear feet of frontage along a vehicular or pedestrian way in any RC, LDMF, MDMF, HDMF, or SDD Zone District. 16.04.330 Window Signs "Window sign" means a sign affixed on or located within thirty-six inches of the interior surface of a window fronting a public way, which sign shall not include the three square feet allowed for the display of the name of the business or organization (not to exceed 1.5 square feet), the display of hours of operation, credit card information,. and similar general information items. 16.04.340 Zone "Zone" means a zoning district as shown on the official map. Signs, other than residential name plate signs or traffic control signs, shall be prohibited in single family residential, two-family residential, and primary/secondary residential zones. b. Section 16.08.040 is amended to read as follows: 16.08.040 Appeal. Appeal from any administrative action or determination by the Sign Code Administrator pursuant to the provisions of this chapter may be filed with the Design Review Board by any applicant within ten days following the action or determination. In the event of appeal, the Design Review Board, after receiving a report from the administrator, may. confirm, reverse, or modify the action of the administrator. Failure of the Design Review Board to act within sixty days of the filing of appeal shall be deemed concurrence in the action of the administrator. c. Section 16.16.080 "Lighting" is amended to read as follows: 16.16.080 Lighting Lighting should be of no greater wattage than is necessary to make the sign visible at night and should not unnecessarily reflect onto adjacent properties. Lighting sources shall not be directly visible to passing pedestrians or vehicles and should be concealed in such a manner than direct light does not shine through any element of a sign. d. The following Sign Categories are amended to read as follows: 16.20.010 Designated C. A business or organization within the Commercial Core I, Commercial Core II, Commercial Service Center, Heavy Service, PA, and HDMF Zone Districts and Special Development Districts is permitted the f ollowing sign or combination of signs provided the provisions of each category and the provisions of this sign code are met: 1. An individual business within a multi-tenant building may be permitted the following signs: a. Display boxes; b. Projecting and hanging signs or wall mounted signs or any combination thereof not to exceed the maximum number or size of signs as designated by any one category; c. Inclusion in a joint directory; d. Traffic Control Signs; e. Window Signs; f. Other temporary signs as permitted within the provisions of this code. ~ ! • Page 3 2. An individual business which is the sole occupant within a building may be permitted the following signs: a. Display boxes; b. Wall signs or projecting and hanging signs, or freestanding signs of any combination thereof not to exceed the maximum number or size allowed as designated by any one category; c. Traffic Control Signs; d. Window Signs; e. Other temporary signs as permitted by the provisions of this code. 16.20.020 Display Boxes B. Size, no greater than five square feet I. An area no larger than .5 square feet may be used within the display box to identify the business. 16.20.090 Projecting and hanging signs -Individual business within a multi- tenant building. I.3. In the case where a business or organization located above or below street level fronts directly onto an exterior balcony, deck, walkway, or stairway which is utilized as the businesses own entrance and for unrestricted public access and use, the allowable sign area for any sign to be located at that building level shall be based upon the portion of the business frontage which abuts directly upon the balcon, deck, walkway, or stairway, with a maximum size allowed not to exceed five square feet. A sign of a maximum area of three square feet shall be allowed for businesses having insufficient frontage. If a business or organization located above or below ground level proposes a sign for a location or level of the building other than the level of its own unrestricted access, the sign shall be limited to a maximum size of three square feet. The level of the access shall be defined as the area between the floor and ceiling of that level. I.4. Delete 16.20.110 Projecting and hanging signs - Single-business use. I.2. In the case where a business or organization located above or below street level fronts directly onto an exterior balcony, deck, walkway, or stairway which is utilized as the businesses own entrance and for unrestricted public access and use, the allowable sign area for any sign to be located at that building Tevel shall be based upon the portion of the business frontage which abuts directly upon the balcony, deck walkway, or stairway, with a maximum size allowed not to exceed five square feet. A sign of maximum area of three square feet shall be allowed for businesses having insufficient frontage. If a business or organization located above or below ground level proposed a sign for a location or level of the building other than the level of its own unrestricted access, the sign shall be limited to a maximum size of three square feet. The level of the access shall be defined as the area between the floor and ceiling of that wall. 16.20.150 Subdivision entrance signs A. Purpose, to identify the entrance to a major subdivision, condominium complex, or group of apartment buildings having at least 100 linear feet of frontage along a vehicular or pedestrian way; E. Location, may be located only to identify subdivisions and projects in RC, LDMF, MDMF, HDMF, and SDD zones, subject to the approval of the Design Review Board; 16.20.160 Temporary Site Development Signs H.2. The information permitted on temporary site development signs is limited to project name, real estate agents, contractors, architects, and developers. The area of the sign or signs used for display of the information other than the project name is limited to 50 percent of the total area of each sign. 16.20.190 Wall Signs - Individual business within a multi-tenant building H.3. In the case where a business or organization located above or below street level fronts directly onto an exterior balcony, deck, walkway, or stairway which is utilized as the businesses own entrance and for unrestricted public access and use, the allowable sign area for any sign to be located at that building level shall be based upon the portion of the business frontage which abuts directly upon the balcony, deck, walkway, or stairway, with a maximum size allowed not to exceed five square feet. A sign of a maximum area of three square feet shall be allowed for businesses having insufficient frontage. If a business or organization located above or below ground level proposed a sign for a location or level of the building other than the level of its own unrestricted access, the sign shall be limited to a maximum size of three square feet. The level of the access shall be defined as the area between the floor and ceiling of that level. • ~ ~g e 4 16.20.220 Window Signs I. Special Provisions as f oliows: 3. Three square feet shall be allowed for the display of the name of a business or organization (not to exceed 1.5 square feet), the display of hours of operation, credit card information, and similar general information items. This area will not be included as a part of the total allowable window coverage. e. Sections 16.20.050A, I6.20.080A, 16.20.090A, 16.20.110A, 16.20.190A, 16.20.210A are amended to include the following: The identification sign or signs for a business or organization may include the name of the business or organization and the general nature of the business conducted within or upon the premises. In no instance, however, shall the total portion of the sign describing the general nature of the business exceed 40% of the total area of each sign permitted for this purpose. The description of the general nature of the business shall be incorporated into the sign or sign identifying the name of the business and should not exist as a separate sign. f. Sections 16.20.040D, 16.20.050D, 16.20.070D,16.20.090D, 16.20.100D, 16.20.110D, 16.20.160D, 16.20.190D, 16.20.200D, 16.20.210D are amended to the word "business" for "building" so that they read "Number, one sign per vehicular street or major pedestrian way which the business abuts." g. Sections 16.20.020C, 16.20.040C, 16.20.050C, 16.20.090C, 16.20.1000, 16.20.110C, 16.20.130C, 16.20.150C, 16.20.160C, 16.20.170C, 16.20.180C, 16.20.190C, 16.20.2000, 16.20.210C, 16.20.220C are amended to replace the words "existing grade" for the words "average grade". h. The following section 16.26 "Prohibited Signs" is adopted to read as follows: 16.26 Prohibited Signs 16.26.010 The following signs shall not be permitted, erected or maintained in the Town of Vail: A. Signs with visible moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means. B. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. C. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsation. D. Strings of light bulbs used in connection with commercial premises for commercial purposes, other than traditional holiday decorations. E. Signs which incorproate projected images, emit any sound which is intended to attract attention, or involve the use of live animals. F. Any sign (together with its supporting structure) now or hereafter existing which, 90 days or more after the premises have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located. If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the Sign Code Administrator upon good cause for such extension being shown. (This provision shall not apply to permanent signs accessory to businesses which are open only on a seasonal basis, provided there is clear intent to continue operation of the business.) G. Signs not permanently affixed or attached to the ground or to any structure except for window signs and temporary barriers utilized for emergency purposes. • ~ H. Any sign or sign structure which (1) is structurally unsafe, or ~e 5 (2) constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation, or (3) is not kept in good repair, or (4) is capable of causing electrical shocks to persons likely to come in contact with it. I. Any sign or sign structure which (1) is in violation of the provisions of Title 16 of the Vail Municipal Code, or (2) in any other way obstructs the view of, may be confused with, or purports to be an official traffic sign, signal or device or any other official sign, or (3) uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle, or (4) creates in any other way an unsafe distraction for motor vehicle operators, or (5) obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, other thoroughfare. J. Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way. K. Illegal nonconforming sign, as defined herein. L. Off-premise advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The repeal or the repeal and reenactment of any provision of the Vail Municiapl Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed or reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. age 6 INTRODUCED, READ AND PASSED ON FIRST READING THIS 1st day of June, 1982, and a public hearing shall be held on this ordinance on the 15th day of June, 1982, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this lst day of June, 1982. _~ Rodney E. Slifer, May ~, ATTEST: Colleen Kline, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of June, 1982. ATTEST: Colleen Kline, Town Clerk /- . Rodney E . Sal if er ~ Ma or ~ a