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Home My WebLink About2008-33 an Ordinance Amending Section 11-7-10, Open House Signs, Vail Town CodeORDINANCE NO. 33 SERIES 2008 AN ORDINANCE AMENDING SECTION 11-7-10, OPEN HOUSE SIGNS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on November 4, 2008, the Vail Town Council directed the Community Development Department to prepare amendments to the Town of Vail Sign Regulations to update the Town's regulation open house signs; and, WHEREAS, on December 8, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Sign Regulations in accordance with the procedures and criteria and findings outlined in Section 11-3-3 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with 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, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Sign Regulations, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the 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, based upon Section VII of the Staff memorandum dated December 8, 2008; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 11-2-1, Definitions, Vail Town Code is hereby amended as follows (Text that is to be deleted is stricken;. Text that is to be added is bold. Sections of text that are not amended may be omitted.) OPEN HOUSE: The period of time during which a specific for-sale or for-rent property is open for viewing by potential buyers or renters with the realtor, broker, owner, or other similar agent present on the property. OPEN HOUSE SIGN, ON-SITE: A temporary sign advertising an open house for the property on which the sign is located. Ordinance No. 33, Series of 2008, second reading OPEN HOUSE SIGN, VEHICULAR DIRECTIONAL: A temporary sign directing vehicular traffic to an open house. Section 2. Section 11-7-10,.Open House Signs, Vail Town Code is hereby amended as follows (text to be deleted is in stgkethmuo, text that is to be added is bold): an agen house-sr a E; A. Description: Signs advertising and directing vehicular traffic to an open house are subject to the following: 1. Type: The sign may be freestanding or a wall sign. 2. Quantity Number: There shall be a maximum of one sign on the property where the open house is being conducted and ewe three (3) vehicular directional signs off-site. 3. Location: a. An on-site open house sign shall be located on the specific property being shown, and shall not be located off-site (including at real estate offices). b. Vehicular directional open house signs are prohibited within the Colorado Department of Transportation's (CDOT's) North Frontage Road, South Frontage Road, Bighorn Road, and Interstate 70 right-of-ways. c. Vehicular directional open house signs are prohibited within any designated public pedestrian area. d. Vehicular directional open house signs are prohibited on private property without the consent of the property owner. e. Vehicular directional open house signs shall not obstruct any public street, sidewalk, recreational path or any public snow removal operations. 4. Area: The 'gw area of any single sign on-site open house sign or vehicular directional open house sign shall not exceed ewe -and one ".=I€ 4 4} three (3) square feet. 6. Height: The height of the -sign any single on-site open house sign or vehicular directional open house sign shall not exceed five feet (6) as measured from the top of the sign to and the grade at the base of the sign. 6. Display Duration: The tempei;aity sign shall be displayed eRly dwing the epeR house PFe^e-tZtiew OF thFee (3) days, s- paried ef tiMe-is-sMeFteF a. On-site open house signs and vehicular directional open house signs may be displayed up to one (1) hour before the beginning of the open house and must be removed no later than one (1) hour after the conclusion of the open house. 2 Ordinance No. 33, Series of 2008, second reading b. On-site open house signs and vehicular directional open house signs may only be displayed between 8:OOAM and 8:00PM on a daily basis. c. On-sEte open house signs and vehicular directional open house signs shall not be displayed for more than three (3) consecutive days. 7. Design: Not subject to design review. 8. Lighting: Not permitted. 9. Special Provisions: No flags, pennants, banners, bunting, balloons, any other similar items may be attached to an on-site open house sign or a vehicular directional open house sign. 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 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 16"' day of December, 2008 and a public hearing for second reading of this Ordinance set for the 6t' day of January, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. CI elan ayor Attest, ?N Ole:. 0 AprolDonaldson, Town Clerk • SEAL 33 Ordlo n o. 33, Series of 2008, second reading READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this e day of January, 2009. hard D. CIeftan6--ll%Yor Attest: A ele- ontic DflA&& aldson, Town Clerk Ordinance No. 33, Series of 2008, second reading