HomeMy WebLinkAbout2007-32 Amending Title 11, Sign Regulations, and Title 12, Zoning Regulations, of the Vail Municipal Code to Allow for Amendments to Regulations Pertaining to Outdoor Display, Sale Signs, Menu Boards ORDINANCE N0.32
Series of 2007
AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, AND TITLE 12, ZONING
REGULATIONS, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO REGULATIONS
PERTAINING TO OUTDOOR DISPLAY, SALES SIGNS, MENU BOARDS, 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 Vail Town Code; and
WHEREAS, regulations related to outdoor display, sales signs and menu boards have been
identified as concerns due to lack of clarity, and thus, ease in implementation and enforcement; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing
on October 8, 2007, to consider the proposed amendment in accordance with the provisions of the Vail
Town Code and forwarded a recommendation of approval with modifications to the Vail Town Council; and
WHEREAS, the use of street and public right-of-way for commercial enterprise has historically
been strictly limited to preserve the streets for public purposes, regulate aesthetics and efficiency, and to
avoid the appropriation of public property for private interests; and
WHEREAS, the licensing of Town-owned property for outdoor display of goods by retail
establishments has been deemed a limited exception for the purpose of increasing the vibrancy and
economic vitality of the commercial cores; and
WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan
and are compatible with the development objectives of the Town; and
WHEREAS, the Vail Town Council finds that the proposed amendments further the general and
specific purposes of the Sign and Zoning Regulations; and
WHEREAS, the Vail Town Council finds that the proposed amendments promote the health,
safety, morals, and general welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest quality; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. The purpose of this ordinance is to amend Title 11, Sign Regulations, and Title 12,
Zoning Regulations, to amend requirements for menu boxes, sale signs and outdoor display in the Vail
Town Code. (Text that is to be deleted is stfis~e~. Text that is to be added is bold.)
Section 2. Title 8, Public Ways and Property of the Vail Town Code is hereby amended by
adding a new Chapter 7, as follows:
TITLE 8: PUBLIC WAYS AND PROPERTY
CHAPTER 8-7: OUTDOOR DISPLAY OF GOODS
8-7-1: PURPOSE:
The purpose of this Chapter is to provide standards for the licensed use of Town-owned
propertybyretailestablishmentsforoutdoordisplayofgoods. Businessesthatarelocated
in buildings without adequate privately owned exterior space may obtain a license to use
Ordinance No. 32, Series of 2007 1
adjacent Town-owned property for outdoor display of goods, for the purpose of increasing
the vibrancy and economic vitality of the commercial cores.
8-7-2: DEFINITIONS:
ADMINISTRATOR: The director of the Department of Community Development and/or his or
her designee that administers and enforces the guidelines outlined in this Chapter.
FRONTAGE, BUSINESS: The horizontal, linear dimension of any side of an above grade
level that faces a major vehicular or pedestrian way and has its own public entrance for the
exclusive use of said business.
OUTDOOR DISPLAY: A temporary outdoor arrangement of objects, items, or products
representative of the merchandise sold or rented by a retail establishment, and further
regulated by Section 12-14-21.
PUBLIC WAY: Means and includes a public street, easement, right of way, highway, alley,
way, place, road, or bike path; and any non-exclusive utility easement
RETAIL ESTABLISHMENT: Any licensed business within the Town of Vail with a physical
location That is open to the public for the purpose of selling, leasing or renting tangible
personal property or services at retail.
8-7-3: OUTDOOR DISPLAY OF GOODS REGULATED:
It shall be unlawful to place or maintain any outdoor display of goods on Town-owned
property or on other publicly owned sidewalks orrights-of--way without complying with the
provisions of this chapter.
8-7-4: PERMIT REQUIRED:
It is unlawful for any person or retail establishment to utilize Town-owned property or other
publicly owned sidewalks or rights-of--way without first securing an outdoor display on
public property permit. Such permit shall be issued by the Administrator and shall be
pursuant to the requirements of this Chapter. Permits may be approved fora time period of
up to two years. Permits shall be automatically renewed for additional two-year terms
unless otherwise terminated. Prior to final approval of a permit, the retail establishment
shall enter into a license agreement with the Town of Vail, to be executed by the Town
Attorney. Permit applications, application requirement, application fees and license fees
are on file with the Department of Community Development.
8-7-5: ADMINISTRATIVE ACTION:
The Administrator shall review the application and make a determination of approval,
approval with modifications, or denial within thirty (30) days of submittal of a complete
application. The determination by the Administratorshall become final at the nextPlanning
and Environmental Commission public hearing following the Administrator's decision,
unless the decision is called up for review by the Commission. Determinations shall be
based on the criteria in Section 6 of this Chapter. All appeals shall follow the procedures
outlined in Section 12-3-3, Appeals, Vail Town Code.
8-7-6: CRITERIA FOR DECISION:
Outdoor display of goods on Town-owned property or on publicly owned right-of-wayshall
be lawful at specific locations for use by a specific retail establishment approved by the
Administrator. Retail establishments maybe allowed to utilize Town-owned property for
the use of outdoor display should the following conditions be met:
A. Zone District: The retail establishment shall be located in one of the following zone
districts:
Ordinance No. 32, Series of 2007 2
1. Commercial Core 1(CC1) District
2. Commercial Core 2 (CC2) Disfrict
3. Lionshead Mixed Use 1(LMU-1) Disfrict
4. Lionshead Mixed Use 2 (LMU-2) District
5. Ski Base/Recreation 2 (SBR2) Disfrict
B. Area: The area of Town-owned property to be utilized shall be a maximum of twenty
(20) square feet for retail establishments. Businesses displaying bicycles may be
permitted to license additional square footage ofTown-owned properly at the discretion
of the Administrator.
C. Location: The property to be licensed shall be a contiguous piece of property That is
directly adjacent to the business frontage.
D. Circulation: The use of Town-owned property for outdoor display shall not impede
circulation and Thus, shall not block or encroach upon the required ingress/egress of
doorways, walkways, stairways, and parking or loading/delivery spaces.
E. Street and sidewalk width: A minimum street width of 22 feet shall be maintained in
order fo allow for emergency vehicle access. Sidewalks shall remain a minimum width
of 6 feet. Connection of exit discharge to the public way, as required by the adopted
Building Code, shall not be blocked.
F. Public Safety: The use ofTown-owned property for outdoor display shall notpose any
risks to public safety. The use of Town-owned property for outdoor display shall not
block or encroach upon any fire lane, fire staging area, and shall maintain a minimum
distance to fire hydrants of seven (7) feet to side or rear, and fourteen (14) feet to the
front.
G. Maintenance Access: The use of Town-owned property for outdoor display shall not
block or impede street sweeping, snow removal or snow storage/loading operations.
The use of Town-owned property for outdoor display shall not block access to (rash
receptacles, dumpsters, mailboxes, manholes, water valves, flower beds or other
landscape areas.
H. Aesthetics: The use of Town-owned property for outdoor display shall not negatively
impact established view corridor or acknowledged "post card" images and shall not
visually detract from, or block, store front or shop windows.
1. Lack of available space: Retail establishments may only be located on a site without
twenty (20) square feet of privately owned exterior space adjacent to the business
frontage.
J. Outdoor display fixtures: Outdoor display fixtures shall be freestanding, temporary in
nature, and shall be removed from the exterior location when the business is closed.
K. Code Compliance: All aspects of the outdoor display shall remain in compliance with
the Vail Town Code and the Vail Comprehensive Plan.
Section 3. Section 11-1-3 is hereby amended as follows:
11-1-3: APPLICABILITY.•
Except as provided elsewhere in this title, the design, placement, and use of any signs shall be in
compliance with all of the regulations specified in this title. All signs in the town of Vail are subject
to the design guidelines and standards fsestiep-~' ~ t Chapter 5 of this title) and
design review b6).
Section 4. Section 11-2-1 is hereby amended as follows:
11-2-1: DEFINITIONS ENUMERATED:
CHANGEABLE COPY.• A manually operated sign that displays graphical or word content that can
be easily changed or altered; menu boxes, display boxes and specials boards are not
considered changeable copy
Ordinance No. 32, Series of 2007 3
DISPLAY BOX : A freestanding or wall sign that is
enclosed in glass or a similar clear material on at least one side, for the express purpose of
displaying metes;
real estate listings and current movie listings, items
related to the advertised business; allowed at ea#~-ar~~~ ~~~e~; real estate
businesses and movie theaters only.
FRONTAGE, BUILDING: The horizontal, linear dimension of any side of a building that has a
usable public entrance upon that parallels a major vehicular or pedestrian way or other major
circulation area. 3 ,
FRONTAGE, BUSINESS: The horizontal, linear dimension of any side of an above grade
level that faces a major vehicular or pedestrian way and has its own public entrance for the
exclusive use of said business.
'ss a ,
'fs ~:w~aear-fr~~age-
MENU BOX.' A freestanding or wall sign that is enclosed in glass or a similar clear material on at
least one side for the express purpose of displaying menus, ,
' sus; allowed at eating and drinking establishment
as x. only.
,
SIGN, GOING OUT OF BUSINESS: A sign that indicates that the business displaying the
sign will cease to operate at any location and/or wishes to liquidate merchandise.
SIGN, PROJECTING : A sign that is attached to a
building, extending horizontally beyond the surface of the building to which it is attached.
SPECIALS BOARD: A chalkboard or dry erase board used to display specials at eating and
drinking establishments.
SUBDIVISION ENTRANCE SIGN: A sign that identifies a subdivision or condominium complex or
group of apartment buildings having at least one hundred (100) tieeal-feet of combined building
frontage along a vehicular or pedestrian way.
Section 5. Section 11-4-2 is hereby amended as follows:
11-4-2: SIGN APPLICATION REVIEW.•
A. Criteria For Decision: Each sign application is subject to the following two (2) levels of review:
staff review and design review board (DRB) review.
1. Staff Review: The community development department of the town of Vail shall accept for
review the properly completed sign application.
a. If the staff determines that the sign application unquestionably meets the standards of
this title, including the design guidelines and standards as they are stated in chapter 5
of this title and the technical requirements as they are stated in chapter 6 and chapter
7 of this title, staff shall then approve the application. All applications approved by the
staff shall be listed on the next publicly posted agenda of the design review board.
b. If the staff determines that the sign application meets the standards of this title, but
does not unquestionably meet the design guidelines and standards as they are stated
in chapter 5 of this title and the technical requirements as they are stated in chapter 6
Ordinance No. 32, Series of 2007 4
and chapter 7 of this title, staff will schedule the application for review by the design
review board at their next hearing, held the first and third Wednesdays of each month.
c. if the staff determines that the sign application does not meet the standards outlined in
this title, including the design guidelines and standards as they are stated in chapter 5
of this title and the technical requirements as they are stated in chapter 6 and chapter
7 of this title, staff shall deny the application. Upon denial of the application based on
lack of compliance with any part of this title, the applicant will be notified of the denial in
writing and may submit a new application to the staff, file an appeal of the staff decision
to the design review board, or file an application for a variance in accordance with
chapter 10, "Variances And Appeals" of this title.
2. Design Review Board Review: The design review board will review all sign applications
scheduled on their agenda by staff, in the required presence of the applicant or such
applicant's representative, to ascertain the proposal's conformance with the design
guidelines and standards as listed in chapter 5 of this title and the technical requirements
as listed in chapter 6 and chapter 7 of this title.
a. Upon determination of compliance with the design guidelines and standards listed in
chapter 5 of this title and the technical requirements as listed in chapter 6 and chapter
7 of this title, the design review board will approve, or approve with conditions, the
applicant's sign proposal. The applicant will be notified in writing of the approval and
any conditions placed on the approval, and may then erect the sign according to the
approved application.
b. Upon design review board denial of the application based on the design guidelines and
standards listed in chapter 5 of this title and/or the technical requirements listed in
chapter 6 and chapter 7 of this title, the applicant will be notified in writing of the
reasons for denial and may submit a new application to staff according to the
recommendations from the design review board. The applicant may file an appeal to
the town council if he/she chooses not to submit a new application to staff (see chapter
10, "Variances And Appeals'; of this title).
Section 6. Chapter 11-5 is hereby amended as follows:
Chapter 11-5: Design Standards and Guidelines; Sign Measurement
11-5-1: PURPOSE:
The design guidelines and standards exist to provide direction for signs within the town of Vail that
enhance local streetscapes and provide aesthetic consistency with both the built and natural
environment. The guidelines and standards are intended to encourage expression and creativity.
The design guidelines make use of the word "should" to allow for subjectivity and creativity,
whereas the design standards make use of the word "shall" signifying strict interpretation and
enforcement. The sign measurement section exist to ensure that measurement of sign area
is properly calculated in order to facilitate signage that upholds the purpose of this Title.
11-5-4: SIGN MEASUREMENT:
A. Single-faced signs: Single-faced signs (i.e. awning signs, wall signs) shall be measured
by up to fwo imaginary polygons enclosing all letters, graphics and sign base material,
including framing, not integrated into the architecture of the building.
B. Multi-faced signs: When two sign faces are placed back-to-back and are at no point
more than one (1) foot from one another, the sign area shall be the area of the larger
face. Sign area of all other multi-faced signs shall be calculated as the total area of all
sign faces.
C. Window signs: Window signs shall be measured by the exact square footage of opaque
or translucent materials ai~xed within three feet of fhe window.
D. Menu boxes and display boxes: Menu and display boxes shall be measured by the area
of the outside dimensions of the box, including framing.
E. Brackets and fixtures: Brackets, fixtures and other means of securing a sign shall not
count towards square footage of signage.
Ordinance No. 32, Series of 2007 5
Section 7. Section 11-6-3 is hereby deleted and replaced as follows:
11-6-3: BUSINESS SIGNS:
A. Business Identification Signs
1. Business Identification Signs in Sign District 1 (SD 1):
a. Number: Each business shall be allowed one business identification sign per
public entrance.
b. Area: The allowable area of each business identification sign shall be up to six
(6) square feet.
c. Height: Projecting and awning signs shall have a minimum clearance of eight
(8)feet above pedestrian ways and a minimum clearance of fifteen (15)feet
above vehicular ways. No part of any business identification sign shall extend
more than twenty-five (25) feet above existing grade.
d. Location: Business identification signs shall be located on the business
frontage.
e. Type of Sign: Business identification signs shall not be freestanding.
f. Businesses not on the first floor :Businesses not located on the first floor shall
be allowed only one projecting sign with a maximum area of four (4) square feet;
location shall be subject to design review.
2. Business Identification Signs in Sign District 2 (SD 2):
a. Number: Each business shall be allowed one business identification sign per
business frontage wifh a maximum of three (3) per business.
b. Area: The combined area of allowed business identification signs is based on
the combined business frontages, and is as follows:
Combined Business Frontages ~ (Total Sign Area
~0 feet -12.99 feet ~ ~10 square feet
13 feet - 24.99 feet ~ ~ 14 square feet
~25 feet - 49.99 feet ~ ~20 square feet
~50 feet - 74.99 feet ~ ~30 square feet
~75 feet - 99.99 feet ~ ~40 square feet
100 feet plus ~50 square feet
c. Heighf: Projecting and awning signs shall have a minimum clearance of eight
(8)feet above pedestrian ways and a minimum clearance of fifteen (15)feet
above vehicular ways. No part of any business identification shall extend more
than twenty-five (25) feet above existing grade.
d. Location: Business identification signs shall be located on the business
frontage.
e. Type of Sign: Business identification signs shall not be freestanding.
f. Businesses not on the first floor :Businesses not located on the first floor shall
be allowed only one projecting sign with a maximum area of four (4) square feet;
location shall be subject to design review.
B. Display Boxes (SD 1 and SD 2):
1. Number: Each business shall be allowed one display box, per Section 11-6-36-ti.
2. Area: Display boxes shall not exceed six (6) square feet.
3. Height: The height of the highest part of the display box shall not extend more than
six (6) feet from existing grade.
4. Location: Display boxes shall be located on the business frontage.
5. Type of Sign: Display boxes shall not be freestanding signs.
6. Special Provisions: Display boxes are allowed at real estate offices and movie
theafers only for the exclusive display of real estate listings and current movie
listings.
Ordinance No. 32, Series of 2007 6
C. Menu Boxes (SD 1 and SD 2):
1. Number: Each business shall be allowed up to two (2) menu boxes per business
frontage, per Section 11-6-3C-5.
2. Area: Businesses shall be allowed up to six (6) square feet of menu box area per
business frontage. No single menu box shall exceed six (6) square feet, and no
business frontage shall display more than six (6) square feet of menu box area.
3. Height: The height of the highest part of the menu box shall not extend more than
six feet (6~ from existing grade.
4. Location: Menu boxes shall be displayed on the business frontage.
5. Special Provisions: Menu boxes are allowed only at eating and drinking
establishments for the exclusive display of menus.
D. Specials Boards (SD 1 and SD 2):
1. Number: Businesses shall be allowed one (1) specials board perbusiness frontage.
2. Area: Specials boards shall not exceed three (3) square feet.
3. Height: The height of the highest part of the specials board shall not extend more
than six (li) feet from existing grade.
4. Location: Specials boards shall be attached to menu boxes, except where the
Administrator determines there is a practical di~culiy by making the following
findings, in which case the special board may be attached to a wall or deck railing
on the business frontage:
a. That there exists no ability to attach the specials board to the menu box in the
existing or proposed location of the menu box; and
b. That there exists no ability to relocate the existing or proposed menu box to a
location that meets the requirements of this Title, and allows for attachment of
the specials board to the menu box.
5. Special Provisions: Specials boards are allowed only at eating and drinking
establishments for the exclusive display of specials.
E. Window signs (SD 1 and SD 2):
1. Number: The number of window signs is not regulated as long as area requirements
are met.
2. Area: The area of any window sign shall not exceed fifteen percent (15%) of the area
of the window in which it is placed, with a maximum size per window sign of six (6)
square feet. Mullions that are more than twelve (12) inches wide shall be
considered window separators, thereby signifying a separate "window area': Sale
signs, business operation signs, promotional event posters and open/closed signs
do not count toward window sign area calculations.
3. Height: The top of any window sign shall not extend more than twenty-five (25) feet
above existing grade.
4. Special Provisions: Signs placed inside of a business, within three feet (3~ of a
window and visible from the outside, including, but not limited to, sale signs,
business operation signs, and open/closed signs, shall be counted Toward total
window sign area.
F. Sale signs (SD 1 and SD 2):
1. Number: The number of sale signs per business is not regulated as long as area
requirements are met.
2. Area: The combined area of all sale signs shall not exceed three (3) square feet per
business.
3. Location: Sale signs may be attached to outdoor display ftxtures or shall be placed
inside windows.
4. Special Provisions: Sale signs that are displayed in windows do not count toward
window sign area calculations.
G. Business operation signs (SD 1 and SD 2):
1. Number: The number of business operation signs is not regulated as long as area
requirements are met
Ordinance No. 32, Series of 2007 7
2. Area: Each business shall be allowed up to one and a half (1.5) square feet of
business operation signage per public entrance.
3. Height: The top of any business operation sign shall not exceed true feet (5~ from
the floor plate of the business.
4. Location: Business operation signs shall be allowed onlyat the public entrance ofa
business.
5. Special Provisions/Purpose: Business operation signs are intended to provide
information such as affiliations, hours of operation, and accepted credit cards or
forms of payment Business operation signs do not count toward windowsign area
calculations.
H. Open/closed signs:
1. Number: Each business shall be allowed one open/closed sign per public entrance.
2. Area: Each open/closed sign may contain up to 1.5 square feet of window signage
per public entrance.
3. Height: The top of any open/closed sign shall not exceed bve feet (5~ from the floor
plate of the business.
4. Type of Sign: Open/closed signs shall be window signs.
5. Special Provisions: The one open/closed sign allowed per public entrance maybe
two-faced for convenience. Open/closed signs do not count toward window sign
area calculations.
I. Sign District 3 (SD 3); Business Signs: All signs in sign district 3 (SD 3) exist under the
authority of the Colorado Department of Transportation (CDOTJ and are not regulated by
the requirements set forth in this title.
Section 8. Chapter 11-7 is hereby amended with the addition of Section 11-7-14 as follows:
11-7-14: Promotional Event Posters
A. Description: A sign depicting an event in the community that is not an exclusive
advertisement for the business in which it is displayed.
B. Number: No more than ten (10) promotional event posters shall be displayed by a
business.
C. Area: The area of promotional event posters shall not exceed twenty-five percent (25%)
of the total window area. Promotional event posters do not count toward window sign
area calculations.
D. Height: The top of any promotional event poster shall not extend more than twenty-five
feet (25') above existing grade.
E. Location: All promotional event posters shall be displayed inside windows of a
business.
F. Type of Sign: Promotional Event Posters shall be window signs.
G. Duration: Promotional Event Posters shall be removed within three (3) days of
completion of the promoted event.
Section 9. Chapter 11-9 is hereby amended as follows:
11-9-1: EXEMPT SIGNS:
The following signs are exempt from design review, but remain subject to the applicable
requirements of this code, including, but not limited to the design
standards and guidelines listed in Chapter 11-5 sestier~-1~' ~ 1~?f#a4is-tile-and the maintenance
requirements listed in section 11-11-3 of this title:
A. Memorial signs, dedication plaques, or tablets;
B. Notices posted by governmental officers in the performance of their official duties;
C. Government signs, including directional signs, to control tragic or for otherregu/atory purposes;
D. Works of "fine art" including murals, which do not advertise a product or business and which
have been approved by the town of Vail's art in public places board (AIPP);
Ordinance No. 32, Series of 2007 $
E. Temporary decorations or displays, when they are commonly associated with any national,
local or religious holiday; however, such holiday decorations shall be removed once their
condition has deteriorated such that they are no longer attractive;
F. Temporary or permanent signs erected by public utility companies or construction companies
to warn of dangerous or hazardous conditions;
G. Signage and decorations related and subject to a special event permit through the town of Vail;
H. The inscription of names (or dates) of buildings, when etched into masonry in one location on
any business or premises, and in conformity with chapter 6, "Business And Building
Identification Signs" of this title. Each letter of an inscription may not exceed two inches (2') in
height and the total engraved area may not occupy more than three (3) square feet of the
surface of the building;
I. Signs in the 1-70 right of way, which are regulated by the Colorado department of
transportation (CDOT); and
J. All political signs, as defined in chapter 2 of this title.
K. Sale signs
L. Business operation signs
M. Open/closed signs
N. Promotional event posters
O. Garage and Yard Sale Signs
P. Open House Signs
Section 10. Section 11-9-2 is hereby amended as follows:
11-9-2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail:
A. Animated signs that incorporate the use of movement (aside from natural wind induced
movement) through revolving, rotating, or otherwise moving parts;
B. Signs with the illusion of movement e~sl~a~eable-sew;
C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink, flicker, or
vary in intensity and/or color;
D. Signs that incorporate projected images, emit any sound which is intended to attract attention,
or involve the use of live animals;
E. Any sign advertising a business or service having been vacated for ninety (g0) or more days.
This provision does not apply to permanent signs accessory to seasonal businesses, provided
there is clear intent to continue operation of the business;
F. Any sign or structure that is unsafe or constitutes a hazard to safety for any reason;
G. Any gas filled, illuminated or fiber optic sign that is less than four (4') feet from a window
H. Any sign or structure that obstructs ingress to or egress from a required exitway, that obstructs
the view of vehicular traffic entering or exiting a public roadway, or that creates an unsafe
distraction for motor vehicle operators;
I. Any sign that could be confused with an official government sign (such as a traffic sign) but is
not;
J. Any off premises sign that is not otherwise regulated by this title; a~
K. All billboards.
L. Pennants, banners, and bunting that are not associated with a special event permit.
M. Any dry erase or chalk board not approved by the provisions of this Title as a specials
board.
N, Going Out Of Business signs.
Section 11, Section 11-11-2 is hereby amended as follows:
11-11-2: PROCEDURE AND ENFORCEMENT.'
A. Notice Of Violation: The administrator shall give written notice of the violation to the owner,
general agent, lessee, or tenant of the building or premises at which such violation has been
committed or to any employee, contractor, or any other person who commits, takes part in, or
assists in any such violation. ,
Ordinance No. 32, Series of 2007 g
~
,
~ 6~' 3 . _ ~ ^ :~i69faS9
f6~&il~~'~^ ar-~sr~iS9~
8. Penalty: The business, building or premises at which such violation has been committed and
which has been given written notice of the violation, or any person who commits, takes part in,
or who assists in any such violation, shall be subject to penalty as provided in Section 1-4-1,
General Penalty, of this Code-a for each
calendar day after written notice is received that such violation continues. This shall not
preclude the imposition of any other civil or administrative action or sanction. The correction of
a violation of any provision of this title may not restrain imposition of these penalties.
Section 12. Section 12-2-2 is hereby amended as follows:
72-2-2: Definitions of Words and Terms:
OUTDOOR DISPLAY: A temporary outdoor arrangement of objects, items, or products
representative of the merchandise sold or rented by a retail establishment, and further
regulated by Section 12-14-21.
Section 13. Chapter 12-14 is hereby amended with the addition of Section 12-14-21 as follows:
12-14-21: Outdoor Display of Goods:
A. Purpose: The purpose of this Section is to establish regulations for the outdoor display
of goods by retail establishments.
B. Applicability: Outdoor display of goods shall be permitted by retail establishments in
the following zone districts and shall be prohibited in all zone districts not listed:
1. Housing (H) District;
2. Commercial Core 1(CC1) District
3. Commercial Core 2 (CC2) District
4. Commercial Core 3 (CC3) District
5. Commercial Service Center (CSC) District
6. Lionshead Mixed Use 1(LMU-1) District
7. Lionshead Mixed Use 2 (LMU-2) District
8. Ski Base/Recreation 2 (SBR2) District
C. Permit Not Required: Outdoor display on private property, where permitted by the
provisions of this title, are not subject to design review. A permit is required to obtain a
license to utilize Town-owned property for outdoor display of goods by retail
establishments, per Chapter 6-8, Vail Town Code.
D. Requirements For Outdoor Display: Where permitted, outdoor display shall be subject
to the following limitations:
1. Location: The area used for an outdoor display shall be located directly in front of
the retail establishment displaying the goods. Outdoor display shall be entirely
upon the establishment's own property unless the retail establishment is permitted
to utilize Town-owned property, per the requirements in Chapter 6-8, Vail Town
Code.
2. Circulation: Outdoor display shall not impede circulation and thus, shall not block
or encroach upon the required ingress/egress of doorways, walkways, stairways,
and parking or loading/delivery spaces.
3. Street and sidewalk width: A minimum street width of 22 feet shall be maintained in
order to allow for emergency vehicle access. Sidewalks shall remain a minimum
width of 6 feet Connection of exit discharge to the public way, as required by the
adopted Building Code, shall not be blocked.
Ordinance No. 32, Series of 2007 10
4. Public Safety: Outdoor display shall not pose any risks to public safety, shall not
block or encroach upon any bre lane, and shall maintain a minimum distance to fire
hydrants of seven (7) feet to side or rear, and fourteen (14) feet to the front.
5. Aesthetics: Outdoor display shall not negatively impact established view corridors
or acknowledged "post card" images and shall not visually detract from or block
store front or shop window.
6. Outdoor display fixtures: Outdoor display fixtures shall be freestanding, temporary
in nature, and shall be removed from the exterior location when the business is
closed.
7. Height: No part of any outdoor display shall extend more than six feet (6~ above
existing grade.
8. Signage: Sale signs maybe permitted on outdoor displays, as regulated by Section
11-6-3e. No othersignage is permitted on oradjacent to outdoordisplays thatis not
otherwise approved by the Administrator, subject to the regulations of Title 11 of
this Code.
9. Cardboard boxes prohibited: Outdoor display of goods shall not include any
cardboard boxes, unless part of individual packaging of goods.
10. Code Compliance: All aspects of the outdoor display shall remain in compliance
with the Vail Town Code and the Vail Comprehensive Plan.
Section 14. 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 be declared invalid.
Section 15. 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 16. 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 17. 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 20th day of November, 2007, and a public hearing for second
reading of this Ordinance set for the 4'h day of December, 2007, at 6:00 P.M. in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Z
~wN O~
L
;y
~ Richard D. C eve nd, Mayor
1 •
_
or ei naldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 18'h day of December, 2007.
Ordinance No. 32, Series of 2007 11
Richard D. Cleveland, May r
ATTEST:
„~QW~V per`
.
Lor~le' on dson, Town G~lerk ~
# _
S i•
O~'••.....••'~
~RgpiO
Ordinance No. 32, Series of 2007 12
2234
PROOF OF PUBLICATION
STATE OF COLORADO }
SS.
COUNTY OF EAGLE }
I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same
Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a
general circulation therein; that said newspaper has been published continuously and uninterruptedly in said
County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the
annexed legal notice or advertisement and that said newspaper has published the requested legal notice and
advertisement as requested.
The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's
Home Rule provision.
That the annexed legal notice or advertisement was published in the regular and entire issue of every number of
said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in
the issue of said newspaper dated 12/22/2007 and that the last publication of said notice was in the issue of said
newspaper dated 12/22/2007.
In witness whereof has here unto set my hand this 28th day of December, 2007
/lam
~x1Sli~ler/("iene~^al Manager/Editor
Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 28th
day of, ber, 2007.
Pamela Joan Schultz .S.
Notary Public ~ NOTARY G<N
My Commission expires: November 1, 2011 ~ ~ ~ ~
v~, p'UBLIC ~ ~o
o?''Li~ OF C O~OQ'
~~o
SV~~~N EXP1R~~
""age C32 - Sunday, December 23, 2007 ? THE VAIL DAILY 970.949.0555, ~daity.com
ORDINANCE NO. 32 G. Maintenance Access: The use of Town-owned property foroutdoordisp?ayshallnotblockor
Series of 2007 impede street sweeping, snow removal or snow ~;;,E/loading operations. The use of
Town-owned property far outdoor display shalt not block access to trash receptacles,
:'sN r~RDiNANCE AMENDING TITLE 11. SIGN REGULATIONS, AND TITLE 12, ZONING REGULATIONS, dumpsters, mailboxes, manholes, water valves, flower beds or other landscape areas.
+Ati TOWN CODE, TO ALLOW FOR AMENDMENTS TO REGULATIONS PERTAINING TO OUTDOOR H. Aesthetics: The use of Town-ownedpropertyforoutdoor display shall not ~elyimpact
aSS~_AY, SALES SIGNS, MENU BOARDS, AND SETTING FORTH DETAILS IN REGARD THERETO. established view corridororacknawledged`postcard"images and shall not visually detract
from, or block, store front or shop windows.
' ~ ?EREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7 1• Lack of available space: Retail establishments may anlybe located on a site without twenty
,i Town Code; and (20) square feet of privately owned exteriorspace adjacent to the business frontage.
J. Outdoor display fixtures: Outdoor display fixtures shall be ; nding, temporary in nature.
':^IHEREAS, regulations related to outdoor display, sales signs and menu boards have been identified as and shall be removed from the exterior location when fhe business is closed.
.,--ns due to lack of clarity, and thus, ease in implementation and enforcement; and K. Code Compliance: AU aspects of the outdoor display shall remain in compliance with the
Vail Town Code and the Vail Comprehensive Plan. •
v°,- HEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on
O~ ~k;:~r r, 2007, to consider the proposed amendment n accordance with the provisions of the Vail Town Code
nd forwarded a recommendation of approval with modifications to the Vaii Town Council; and Section 3. Section 11-1-3 is hereby amended as follows:
WHEREAS, the use of street and public right-of-way for commercial enterprise has historically been a1-1-3sAPPUCABILITY:
strictly limited to preserve the streets for public purposes, regulate aesthetics and efficiency, and to avoid the Except as provided elsewhere in th5s tiNe, the design, placement, and use of any signs shall be in
ppropriation of public property for private interests; and compliance with a0 of the regulations specified in this title. Ali signs in the town of Vail are subject to fhe
design guidelines and standards 4sestie.. Chapter 3 of this title) andreview-hy-the-design review
WHEREAS, the licensing of Town-owned property for outdcor display of goods by retail establishments -f0~).
gas been deemed a limited exception for the purpose of increasing the vibrancy and economic vitality of the •
commercial cores; and Section 4. Section 11-2-1 is hereby amended as fo!iows:
WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the 11-2-1: DEFINITIONS ENUMERATEC?
applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and
are compatible with the development objectives of the Town; and CHANGEABLE COPY: A manually operates s?g%, ;hat displays graphical or word Conant (hat can be
easily changed or altered; menu boxes, display boxes and specials boards are not considered
WHEREAS, the Vail Town Council finds that the proposed amendments further the general and specific changeable copy
,purposes of the Sign and Zoning Regulations; and DISPLAY BDX : A freestanding or wall sign thatis enclosed in
WHEREAS, the Vaii Town Council finds that the proposed amendments promote the health, safety, glass or a similar clear material on at least one side, for the express purpose of displaying menu
n.orals, and general welfare of the Town and promote the coordinated and harmonious development of the real estate listings and current movie listings, items related to the advertised
~n a manner that conserves and enhances its natural environment and its established character as a business; allowed at ,real estate businesses and movie theaters
n.,~.n only.
~~i air=c> residential community of the highest quality; and
IvC W, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, FRONTAGE, BUILDING The horizontal, linear dimension of any side of a building that has ausable-
..,~.?.Or-:F~.DO,THAT: public entrance upon thaiparallelsamajorvehicularorpedestrianwayorothermajorcirculafionarea.
v+ttg a pt~btie,-eatraace-feF-its-exsluswe
Section 1. The purpose of this ordinance is to amend Title 11, Sign Regulations, and Title 12,.Zoning
2egulations, to amend requirements for menu boxes, sale signs and outdoor display in the Vail Town Code. FRONTAGE, BUSINESS: The horizontal, linear dimension of any side of an above grade level
; °~at is to be deleted is striskea. Text that is to be added is bold.)
that faces a major vehicular or pedestrian way and has its own public entrance for the exclusive
Section 2, Title 8, Public Ways and Property of the Vail Town Code is hereby amended by adding a use of said business.
,~.t~: c:'~a~~ter 7, as follows:
itnensie!>etanyside o#a f+rsl story se~nc# s#e y;-arotk}er
r ±TLE 8: PUBLIC WAYS AND PROPERTY '
~.rfAPTER 8-7; OUTDOOR DISPLAY OF GOODS
-'-1: PURPOSE: MENU 80X: A freestanding or wall sign that is enclosed in glass or a similar clear material on at
a purpose of this Chapter is to provide standards for the licensed use ofTown-owned property least one side for the express purpose of displaying menus. ,
: retail establishments for outdoor display of goods. Businesses that are located in buildings llowed at eating and drinking establishments-real-estate
only.
t#,aut adequate privately owned :.,..;.,.br space-may obtain a license to use adjacent Town-
ned property for outdoor display of goods, for the purpose of increasing the vibrancy and
.:gnomic vitality of the commercial cores. 8xtart~i~-her+z .
?-2: DEFINITIONS: SIGN, GOING OUT OF BUSINESS: A sign that indicates that the business displaying the sign will
ti ~NIINISTRATOR: The director of the Department of Community Development and/or his or her cease fo operate at any location antl/or wishes to liquidate merchandise.
_:~r,ignee that administers and enforces the guidelines outlined in this Chapter.
SIGN, PROJECTING : A sign thatis attached to a building,
FRONTAGE, BUSINESS: The horizontal, linear dimension of any side of an above grade level extending horizontally beyond the surface of the building fo which it is attached.
that faces a major vehicular or pedestrian way and has its own public entrance for [he exclusive
use of said business. SPECIALS BOARD: A chalkboard or dry erase board used to display specials at eating and
drinking establishments.
OUTDOOR DISPLAY.• A temporary outdoor arrangement of objects, items, or products
r..._ .....-_,._..a.__ ~..,a.,. ,e.-ak,.. ~_.ea ~.,r~..,,..- _ _ _
.e,,.~o...o ................._.........e....~_...._.. _o___
by Section 12-14-21. of apartment buildings having at least one hundred (100) iinea~feet of combined building frontage
along a vehicular or pedestrian way.
PUBLIC WAY: Means and includes a public easement. right of way, highway, alley, way,
place; road, or bike path; and any non-exclusive utility easement. Section 5. Section 11-4-2 is hereby amended as follows:
RETAIL ESTABLISHMENT: Any licensed business within the Town of Vail with a physical 11-4-2: SIGN APPLICATION REVIEW:
location that is open to the public for the purpose of selling, leasing or renting tangible personal A. Criteria For Decision: Each sign application is subject to the following two (2) levels of review: staff
property or services at retail review and design review board (DRB) review.
1. Staff Review: The community development department of the town of Vail shall accept forreview
8-7-3: OUTDOOR DISPLAY OF GOODS REGULATED: the properly completed sign application.
It shall be unlawful to place or maintain any outdoor display of goods on Town-owned property a. If the staff determines that the sign application unquestionably meets the standards of this
or on other publicly owned sidewalks orrights-of--way without complying with the provisions of title, including the design guidelines and standards as they are stated in chapter 5 of this title
this chapter. and the technical requirements as they are stated in chapter 6 and chapter 7 of this Title,
staff shall then approve the application. All applications approved by the staff shall be Listed
8-T-4: PERMIT REQUIRED: on the next publicly posted agenda of the design review board.
It is unlawful for any person or retail establishment to utilize Town-owned property or other b. If the staff determines that the sign application meets the standards of this title, but does not
' publicly owned sidewalks or rights-of--way without first securing an outdoor display on public unquestionably meet the design guidelines and standards as they are stated in chapter 5 of
' property permit. Such permit shall be issued by the Administrator and shall be pursuant to the this title and the technical requirements as they are stated in chapter 6 and chapter 7 oithis
~ requirements of this Chapter. Permits may be approved for a time period of up to two years. title, staff will schedule the application for review by the design review board at their next
~ hearin held the first and third Wednesdays of each month.
~ Permits shall be automatically renewed for additional two-year terms unless otherwise g.
~ terminated. Prior to final approval of a permit, the retail establishment shall enter into a license c. If the staff determines that the sign application does not meet the standards outlined in this
agreement with the Town of Vail, to be executed by the Town Attorney. Permit applications, title, including the design guidelines and standards as they are stated in chapter 5 of this title
application requirement, application fees and license fees are on frle with the DepaRmenf of and the technical requirements as they are stated in chapter 6 and chapter T of this title,
Community Development. staff shall deny the application. Upon denial of the application based on lack of compliance
with any part of this title, the applicant will be notified of the denial in writing and may submit ,
8-7-5: ADM/N/STRATIVE ACTION: anew application to the staff, file an appeal of the staff decision to the design review board;
The Admini~:..~:.,r shall review the application and make a determination of approval, approval or file an application for a variance in accordance with chapter 10, "Variances And Appeals",
with modifications, or denial within thirty (30) days of submittal of a complete application. The of this title.
determination by the Administrator shall become final at the next Planning and Environmental 2. Design Review Board Review: The design review board will review all sign applications
Commission public hearing following the Administrator's decision, unless the decision is called scheduled on their agenda by staff, in the required presence of the applicant or such applicant's
up for review by the Commission. Determinations shag be based on the criteria in Section 6 of representative, to ascertain the proposal's conformance with the design guidelines and
this Chapter. A// appeals shall follow the procedures outlined in Section 12-3-3, Appeals, Vail standards as listed in chapter 5 of this title and the technical requirements as listed in chapter 6
and chapter 7 of this title.
Town Cotle. a. Upon determination of compliance with the design guidelines and standards fisted in chapter
5 of this title and the technical requirements as listed in chapter 6 and chapter 7 of this title,
8-7-8: CR/TER/A FOR DECISION: the design review board will approve, or approve with conditions, the applicant's sign
Outdoor display of goods on Town-owner/ property or on publicly owned right-af--way shall be proposal. The applicant will be notified in writing of the approval and any conditions placed
lawful of specific locations for use by a specific retail establishment approved by the on the approval, and may then erect the sign according to the approved application.
Administrator. Retail establishments may be allowed to utilize Town-owned property for the use b. Upon design review board denial of the application based on the design guidelines and
of outdoor display should the following conditions be met: standards fisted in chapter 5 of this title and/or the technical requirements listed in chapter 6
A. Zone District: The retail establishment shall be located in one of the following zone di..:.:..;~: and chapter 7 of this title, the applicant will be noted in writing of the reasons for denial
1. Commercial Care 1 (CC1) District and may submit a new application to staff according fo the recommendations from the design
2. Commercial Core 2 (CC2) District review board. The applicant may file an appeal to the town council fihe/she chooses not to
' 1 3. Lionshead Mixed Use 1 (LMU-1) District submit a new application to staff (see chapter 10. "Variances And Appeals", of this title).
4. Lionshead Mixed Use 2 (LMU-2) District
5. Ski Base/Recreation 2 (SBR2) Dfstrfct Section 6. Chapter 11-5 is hereby amended as follows:
B. Area: The area of Town-owned property to be utilized shall be a maximum of twenty (20)
square feet for retail establfshments. Businesses displaying bicycles may be permitted to Chapter 11-5: Design Standards and Guidelines; Sign Measurement
license additional square footage of Town-owned property at the discretion of the 11.5-1: PURPOSE:
Administrator. The design guidelines and standards exist to provide direction for signs within the town of Vail that
C. Location: The property to be licensed shall be a contiguous piece of property that is directly enhance local streefscapes and provide aesthetic consistency with both the built and natural
adjacent to the business frontage. environment. The guidelines and standards are intended to encourage expression and creativity. The
D. Circulation: The use of Town-owned properly for outdoor display shall not impede design guidelines make use of the word "should", to allow for subjectivity and creativity, whereas the
circulation and thus, shall not block or encroach upon the required ingress/egress of design standards make use of the word "shall", signifying strict interp. ~w<i,... and enforcement. The
doorways, walkways, stairways, and parking or loading/delivery spaces. sign measurement section exist to ensure that measurement of sign area is properly calculated
E. Street and sidewalk width: A minimum _ width of 22 feet shall be maintained in order to in order to facilitate signage that upholds the purpose of this Title.
allow for emergency vehicle access. Sidewalks shall remain a minimum width of 6 feet.
Connection of exit discharge to the public way, as required by the adopted Building Code, 11.5.4; SIGN MEASUREMENT:
shall not be blocked A. Single-faced signs: Single-faced signs (i.e. ~ ,signs, waU signs) shall be measured by
F. Public Safety: The use oiTown- . ~ ~ property for outdoor display shall notpose any risks up to two imaginary polygons enclosing all letters, graphics and sign base material,
to public safety. The use of Town-owned property for outdoor display shall not block or including framing, not integrated into the architecture of the building. "
encroach upon anyTrre Jane, fi?e staging area, and shall maintain a minimum distance to fire B. Multi-faced signs: When two sign faces are placed back-to-back and are at no point more
hydrants of seven (7) feet to side or rear, and fou?teen (14) feet to the front.
r
j - -
_ „ ~ ~ r-
~g~ e$ed - i n Z ~8Z .iaqula~ad 'Fepuns ~ ~~IOq'~I!~pl!~^/555O'6ti6'OL6 Ally i1VA 3H1
' ~
- -