The URL can be used to link to this page

Home My WebLink About2003-20 FAILED Outdoor Displays• • ORDINANCE #20, SERIES OF 2003 ~'uiL~00R DISPLAYS • FAILED FOR LACK OF A SECOND, 10/7/03 • ~ • C ~. 1 .~'~' ORDINANCE NO. 20 r-""r ~. ;' ~~ Series of 2003 ? ~~~ ,~ AN ORDINANCE AMENDING SECTIONS 12-61-9B., HOUSING (H) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS; 12-7B-18B., COMMERICAL CORE 1 (CC1) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY; 12-7C-146., COMMERCIAL CORE 2 (CC2) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY; 12-7D-11 B., COMMERCIAL CORE 3 (CC3) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS; 12-7E-136., COMMERCIAL SERVICE CENTER (CSC) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS; 12-7H-17B., LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY AND; 12-71-17B., LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY, 12-8E-5B., SKI BASE RECREATION-2 (SBR-2) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS, VAIL TOWN CODE TO ALLOW FOR A TEXT AMENDMENT TO REGULATE THE OUTDOOR DISPLAY OF MERCHANDISE IN CERTAIN ZONE DISTRICTS IN THE TOWN OF VAIL TO AN EIGHT MONTH PERIOD OF APRIL 1 TO DECEMBER 1, ANNUALLY, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on August 11, 2003, to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of denial to the Town Council of the Town of Vail; and WHEREAS, the Town Council finds that the proposed text amendment furthers the general and specific purposes of the Zoning Regulations; implements and achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and Ordinance No. 20, Series 2003 • • • welfare to adopt this amendment to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 12-61-9B., HOUSING (H) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS; 12-7B-18B., COMMERICAL CORE 1 (CC1) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY; 12-7C-14B., COMMERCIAL CORE 2 (CC2) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY; 12- 7D-116., 12-7H-17B., LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY AND; 12-71-176., LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY of the Vail Town Code shall hereby be amended as follows: (deletions are shown in ~eugb, additions are shown in bold) Outdoor Display of Goods: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own private property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. The outdoor display of goods in front of establishments may occur from April 1't through December 1't, annually, and is subject to the requirements of sale signage set forth in Title 11, Sign Regulations. The outdoor display of goods in the public right-of-way is prohibited unless specifically permitted by the Town of Vail. Section 2. Sections 12-7D-11 B., COMMERCIAL CORE 3 (CC3) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS AND; 12-7E-13B., COMMERCIAL SERVICE CENTER (CSC) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS of the Vail Town Code shall hereby be amended as follows: (deletions are shown in st~ilFe-t#~e~g#, additions are shown in bold) Outdoor Display of Goods: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own private property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. The outdoor display of goods in front of establishments is subject to the requirements of sale signage set forth in Title 11, Sign Regulations. Section 3. 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 Ordinance No. 20, Series 2003 2 • • • 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 be declared invalid. Section 4. 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 5. The amendment of any provision of the Town 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 23rd day of September, 2003 and a public hearing for second reading of this Ordinance set for the 7th day of October, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 20, Series 2003 3 • • • ATTEST: Lorelei Donaldson, Town Clerk Ludwig Kul, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of October, 2003. ATTEST: Lorelei Donaldson, Town Clerk Ludwig Kul, Mayor Ordinance No. 20, Series 2003 4