HomeMy WebLinkAbout2021-11 Repealing and Reenacting Title 11, Sign Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, to Adopt Updated Sign Regulations, and Setting Forth Details in Regard TheretoORDINANCE NO. 11
Series of 2021
AN ORDINANCE REPEALING AND REENACTING TITLE 11, SIGN REGULATIONS,
VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADOPT
UPDATED SIGN REGULATIONS, AND SETTING FORTH DETAILS IN REGARD
Colorado is a home rule municipal corporation duly organized and existing under the laws
of the State of Colorado and the Town Chart
been duly elected and qualified;
WHEREAS, the Town has determined that amendments to the Vail Town Code
are necessary to ensure, among other things, that the Town's sign regulations are
consistent with the U.S. Supreme Court's decision in Reed v. Town of Gilbert, 135 S. Ct.
2218 (2015);
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
held a properly noticed public hearing on the proposed amendment on April 26, 2021 in
accordance with the provisions of the Vail Town Code;
WHEREAS, the Planning and Environmental Commission recommended approval
of these amendments at its April 26, 2021 meeting, and has submitted its
recommendation to the Council;
WHEREAS, the 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;
WHEREAS, the Council finds that the proposed amendments further the general
and specific purposes of Title 11, Sign Regulations, Vail Town Code; and
WHEREAS, the 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 11, Sign Regulations, Vail Town Code, is hereby repealed in its
entirety and reenacted to read as follows:
CHAPTER 1: DESCRIPTION, PURPOSE, AND APPLICABILITY
11-1-1: DESCRIPTION:
This title may be cited as the SIGN REGULATIONS for the Town, and shall be
incorporated as title 11 of this code.
11-1-2: PURPOSE:
A. General Purpose: This Title is enacted for the purpose of promoting the health,
safety, and general welfare of the Town of Vail and to promote the coordinated and
harmonious design and placement of signs in the Town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of the highest quality.
B. Specific Purpose: This Title is intended to achieve the following specific purposes:
1. To describe and enable the fair and consistent enforcement of signs in the Town
of Vail.
2. To encourage the establishment of well designed, creative signs that enhance the
unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided by
signs that identify, direct, and inform the public.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
5. To preserve freedom of expression in the Town of Vail.
C. This Title is not intended to restrict noncommercial speech on the basis of its
content, viewpoint, or message.
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 (chapter 5 of this title)
and design review.
11-1-4: SEVERABILITY CLAUSE:
The severability of any section, subsection, sentence, clause or phrase, as set forth in
Section 1-2-4 of this Town Code.
CHAPTER 2: DEFINITIONS
11-2-1: DEFINITIONS ENUMERATED:
ABANDONED SIGN: A sign, and its supporting structure, that has ceased to be used
for the display of sign copy.
ADMINISTRATOR: The director of the department of community development or his/her
designee.
AGGRIEVED PERSON: Any person who will suffer an adverse effect to an interest
protected or furthered by this title. The alleged adverse interest may be shared in
common with other members of the community at large, but shall exceed in degree the
general interest in community good shared by all persons.
ANIMATED SIGN: Any sign or part of a sign that changes physical position by any
movement or rotation or that gives the visual impression of such movement or rotation.
AWNING OR CANOPY: A permanently roofed shelter covering a sidewalk, building
entrance, window, or other outdoor space. This shelter may be wholly or partially
supported by a building, columns, poles, or braces extending from the ground.
BUILDING FRONTAGE: The horizontal, linear dimension of any side of a building that
has a usable public entrance that parallels a major vehicular or pedestrian way or other
major circulation area.
BUILDING IDENTIFICATION SIGN: A sign permitted based on building frontage,
regardless of the number of tenants residing therein.
BUSINESS FRONTAGE: 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.
BUSINESS SIGN: A sign placed on a business frontage, typically as a wall or projecting
sign.
BUSINESS, VACATED: A commercial entity that has been closed and vacated for more
than ninety (90) days without intent to reopen.
CHANGEABLE COPY: A manually operated sign that displays content that can be
easily changed or altered.
CLEARANCE: The vertical distance from existing grade to the lowest hanging point of
any projecting/hanging sign or flag.
CONSTRUCTION SIGN: A temporary sign located on a parcel of property, on which
construction activities of any type are being actively performed.
DIRECTIONAL SIGN: a sign located within five (5) feet of an entrance or exit to a lot, for
any building on the lot, or for parking for the lot.
DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear
material on at least one side.
ELECTRONIC MESSAGE CENTER: A sign that contains changing messages or
images composed of electronically illuminated segments and/or a series of grid lights,
including, but not limited to, cathode ray, LED, plasma, LCD, fiber optic, or other
electronic media or technology.
ELECTRONIC SIGN: A sign utilizing video screens, variable message, digital display
and similar features. Illumination sources may include, but are not limited to, LCD, LED,
incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and
alternate periodically.
ERECT: To build, construct, attach, hang, place, mount, suspend, or affix a sign: This
also includes the painting of wall signs, murals or supergraphics.
FINISHED GRADE: The existing level of a property after any development or
construction activity and prior to the erection of a sign.
FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign
area, first floor or street level shall be any floor, or portion of any floor, of a structure
located at or nearest to (either above or below) the level of the adjacent vehicular or
pedestrian way, as determined by the administrator. More than one floor, or portion of
floors, may be defined as first floor or street level within a single structure.
FLAG: Any fabric or similar lightweight material typically attached to a staff or pole,
which is intended to be permanently affixed to the ground or attached to a building.
FLASHING SIGN: Any directly or indirectly illuminated sign that exhibits changing
natural or artificial light or color effects by any means whatsoever.
FREESTANDING SIGN: A single or multi-faced sign that is detached from a building
and is affixed to a supporting structure or imbedded in and extending from the ground.
GOVERNMENT SIGN: Any sign erected or installed by a Federal, State, County, or
Local government agency.
HEIGHT: For the purposes of this title, the height above existing grade to the highest
part of a sign and its structures, unless otherwise noted or described.
ILLUMINATED SIGN: A sign emitting or reflecting a steady suffused or glowing light.
ILLUMINATION, DIRECT: Lighting by means of an unshielded light source whereby the
light source is directly visible to the viewer.
ILLUMINATION, HALO: An internal light source, that is not visible to the viewer, for a
sign making use of opaque surfaces such that light only shines through the back and
sides of the sign.
ILLUMINATION, INDIRECT: A light source separated from the sign that illuminates the
sign's surface by means of spotlights or similar fixtures with reflective housings that
control and direct light onto the sign area; the indirect light source is not visible to the
viewer.
ILLUMINATION, INTERNAL: A light source that is not directly visible to the viewer and
is within a sign that makes use of a translucent screening; prohibited in the Town of
Vail, excluding for Government Signs
MASONRY INSCRIPTION: Any text or numeral etched into masonry.
MURAL: A work of art or a painting that is applied to, and made an integral part of, an
exterior wall.
NEIGHBORHOOD SIGN: A sign located within common or jointly owned spaces in a
residential district.
NONCONFORMING SIGN: Any sign that was approved by the Town of Vail, and
erected and maintained prior to the enactment of this title and any amendments thereto,
but that fails to conform to all applicable regulations and restrictions of this title.
OFF PREMISES SIGN: Any sign located on a premise not owned or rented by the
owner of the sign.
OPEN HOUSE: The period of time during which a specific property is actively listed for
sale, as evidenced by such parcel's listing in a multiple listing service or other real
estate listing service, and is open for viewing by potential buyers or renters.
OPEN HOUSE SIGN: A temporary sign used in association with a property conducting
an open house.
PORTABLE SIGN: A sign that is not permanently attached to the ground, a building, or
a structure. This does not include a vehicle mounted sign as defined herein.
PRIVATE WARNING SIGN: A sign designed to warn others of specific dangers or
regulations on the property on which the sign is erected.
PROJECTING SIGN: A sign that is attached to a building, extending horizontally
beyond the surface of the building to which it is attached.
PUBLIC ENTRANCE: An entrance to a building or business that is customarily used or
intended for use by the general public. Fire exits, employee entrances, loading dock
entrances not generally used by the public, French doors that open onto a patio but are
not used as a primary entrance, and other similar entrances shall not be considered
public entrances. A double door shall be counted as one public entrance.
QUANTITY: The number of signs allowed a business or building.
REFLECTIVE SURFACE: Any material or device that has the effect of intensifying
reflected light, including but not limited to, Scotchlite®, Day-Glo®, glass and luminous
paint.
RESIDENTIAL SIGN: A small sign permitted for every residence in the Town of Vail.
SIGN: Any object, device, display, structure, or fixture situated in the public view and
involving graphics, colors, symbols, written copy, or illumination and which is used to
communicate, advertise, draw attention to, or identify an object, person, institution,
organization, business, product, service, event, or location by any means including
words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or
projected images.
SIGN DISTRICT: Any one of three (3) areas designated by the Town of Vail in this title,
each of which is subject to different standards.
SIGN MAINTENANCE: The replacing, repairing or repainting of a sign and/or its
structure due to ordinary wear and tear, weathering, or accident.
SIGNPOSTS AND POLES: Any vertical upright(s) that supports a freestanding sign,
that is not attached to or braced by any other structure.
SIGN PROGRAM: A master plan designed to show the number and relationship of
signs for any building or cluster of buildings that houses multiple tenants and is
therefore allowed multiple signs.
SIGN STRUCTURE: The supports, uprights, braces, hanging devices, and framework
of a sign.
SITE: As defined in Section 12-2-2 of the Vail Town Code.
Ski Base Sign District.
strict.
TEMPORARY SIGN: A sign that is intended for a definite and limited period of display
that is not permanently affixed to a structure or sign structure.
THEATER: An establishment for the rehearsal and presentation of performing arts
and/or the showing of movies or motion pictures.
VEHICLE SIGN: A sign that is painted, attached to, or placed on a vehicle or the bed of
a trailer, when the vehicle or trailer is parked on a public right-of-way or public property,
or on private property so as to be visible from a public right-of-way, for the primary
purpose of advertising products or directing people to a business or activity on the same
or nearby premises, excluding a vehicle sign when the vehicle is primarily used for
business purposes other than advertising.
WALL SIGN: A sign that is attached to, painted onto, or erected upon the wall of a
building or structure, with the exposed face of the sign in a plane parallel to the face of
the wall.
WINDOW SIGN: A sign installed upon or within three feet (3') of a window that is visible
from the nearest pedestrian or vehicular way. This term does not include merchandise
displays.
ZONE: A zoning district as described in Title 12, "Zoning Regulations", of this code
(e.g., ABD or CC3). A "zone" is not the equivalent of a sign "district", as described in this
title.
CHAPTER 3: ADMINISTRATION
11-3-1: ADMINISTRATION OF SIGN REGULATIONS:
A. Administrator:
1. The administrator of this title as defined in section 12-3-
2. Responsibilities: The administrator, and his/her designees, shall be responsible
for such duties as prescribed in this title and shall be responsible for
enforcement of the sign regulations. The administrator shall have the right to
enter on any site for the purpose of investigation or inspection related to any
provision of this title, provided that the right of entry shall be exercised only at
reasonable hours and that in no case shall any structure be entered in the
absence of the owner or tenant without the written order of a court of competent
jurisdiction.
3. Enforcement: The administrator may serve notice indicating the nature of any
violation, or requiring the removal of any sign or structure in violation of this
title, on the owner or his/her authorized agent, or a tenant, or on any other
person who commits or participates in any violation of this title. The
administrator may call upon the town attorney to institute necessary legal
proceedings and the chief of police and his/her authorized agents to assist in
the enforcement of this title.
B. Design Review Board: The design review board, as established by title 3, chapter 4
of this code, shall be responsible for the duties prescribed in this title, which entail
the review of sign applications.
C. Amendments: The regulations prescribed in this title may be amended or repealed
according to section 12-3-7, "Amendment", of this code.
11-3-2: LIABILITY:
The provisions of this title shall not limit the liability of any person who erects or owns
any sign from personal injury or property damage resulting from the placing of a sign, or
resulting from the negligence or willful acts of such person or his/her agents, employees
or workers, in the construction, maintenance, repair, or removal of any sign erected in
accordance with a permit issued under the provisions of this title. The provisions of this
title shall not impose upon the Town of Vail, its officers, employees, or the design review
board, any responsibility or liability by reason of the approval of any sign.
CHAPTER 4: SIGN APPLICATION PROCEDURES
11-4-1: SUBMITTAL REQUIREMENTS:
Any sign erected within the Town of Vail shall be regulated by this title and is subject to
design review by the staff and/or design review board of the Town of Vail. The following
application requirements must be met for any sign that is to be erected within the Town
of Vail:
A. Sign Application: A sign application for the erection of an individual sign consists of
an application for design review which must be obtained from the Town of Vail's
community development department, properly completed per the instructions, and
returned with the appropriate materials to the staff in order to begin the 2-phase
review process listed in section 11-4-2 of this chapter.
B. Application Fee: A reasonable application filing fee shall be set by the Vail town
council to include the cost of the Town of Vail administration time and other
expenses involved in the review of the application. The fee shall be paid at the time
that the application is submitted and shall not be refundable.
11-4-2: SIGN APPLICATION REVIEW:
Criteria For Decision: Each sign application is subject to the following two (2) levels of
review: staff review and design review board (DRB) review.
A. Staff Review: The community development department of the Town of Vail shall
accept for review the properly completed sign application.
1. 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 chapters 6 and 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.
2. 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 chapters 6 and 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.
3. 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 chapters 6 and 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.
B. 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 chapters 6 and 7 of this title.
1. Upon determination of compliance with the design guidelines and standards
listed in chapter 5 of this title and the technical requirements as listed in
chapters 6 and 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.
2. 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 chapters 6 and 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).
CHAPTER 5: DESIGN GUIDELINES AND STANDARDS; 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
exists to ensure that measurement of sign area is properly calculated in order to
facilitate signage that upholds the purpose of this title.
11-5-2: DESIGN GUIDELINES:
Any sign erected within the Town of Vail should:
A. Be consistent with the scale and architecture already present in the Town: Sign
location, configuration, mounting structure, framing design, and size should be
aesthetically harmonious with the mountain setting and the alpine village
atmosphere of the Town.
B. Be compatible with the placement of surrounding signs: Similar signs should not be
placed within close proximity of each other, but should instead incorporate variety
and visual interest within the "view corridor" that they are placed. Signs shall not
create visual clutter. The staff shall review all proposed signs in the context of
adjacent signage to verify that the sign is appropriately placed.
C. Be composed of predominately natural materials which may include, but are not
limited to, painted, stained, solid, or carved wood; brick; stone; wrought iron or
metals such as copper or brass that have been treated to prevent reflective glare;
nonreflective glass and stained glass; other naturally textured building materials.
Plastic and other synthetic materials that are not naturally textured, such as sign
foam, vinyl or Plexiglas®, are discouraged.
D. Use natural colors:
1. Earth tones: Full spectrum of soil, clay, and metallic colors;
2. Neutrals: Off whites to deep brown and black;
3. Bright colors should be used only as accents.
E. Use creative graphics and lettering: The creative use of depth, relief, shading, three-
dimensional projections and other pleasing textural qualities is generally
encouraged. Three-dimensional projections shall not be calculated as part of total
sign area, but shall be subject to design review.
F. Be surrounded by landscaping: Landscaping, when appropriate, should be designed
in harmony with surrounding natural landforms and native plants (xeriscaping).
G. Use inconspicuous lighting: Lighting should be integrated into the overall design of
the sign, both in color and placement, and should be of no greater illumination than
is necessary to make the sign visible at night. Recessed and indirect light sources
are encouraged.
11-5-3: DESIGN STANDARDS:
Any sign erected within the Town of Vail shall conform to the following standards:
A. Compatibility: Signs shall be visually compatible with the size of surrounding
structures and other signage and shall not visually dominate the structure or
business to which they belong. The staff shall review all proposed signs in the
context of adjacent signage to verify that the sign is appropriately sized.
B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of
the sign has a copyright to such color.
C. Reflective Surfaces: Sign surfaces that reflect light are prohibited and shall instead
be comprised of matte or flat finishes.
D. Lighting Fixtures: Lighting shall be white in color. Lights shall not shine or reflect
onto adjacent properties. Internal illumination and fluorescent/neon light sources are
prohibited. All lighting shall be subject to design review.
E. Sign Maintenance: All signs, including their support structures and related fixtures,
shall be kept in good repair; this includes replacement of lighting, repainting when
appropriate, and other actions that contribute to attractive signage. The display
surfaces and hardware of all signs shall be properly painted, finished, or posted at all
times. The glass surfaces on which window signs are affixed shall be well
maintained.
F. Electrical Wiring: Electrical wiring shall be concealed. In addition, all signs that
contain electrical wiring shall be subject to the provisions of the adopted electrical
code of the Town and the electrical components shall bear the label of an approved
testing agency.
G. Wind Pressure And Dead Load Requirements: Any "sign", as defined throughout this
title, shall be designed to withstand wind pressures and shall support dead loads as
required by the most recent building code (IBC) at the time of construction, as
adopted by the Town of Vail and determined by the chief building official.
H. Placement On Public Property: Signs shall be constructed on private property
outside of the Town right of way and shall not project onto the Town right of way
except when permitted under a licensing agreement or a revocable right of way
permit issued from the Town of Vail.
I. Sign Inspection: Each sign for which a permit is required shall be subject to
inspection by the staff.
11-5-4: SIGN MEASUREMENT:
A. Single Faced Signs: Single faced signs (i.e., awning signs, wall signs) shall be
measured by up to two (2) imaginary polygons enclosing all letters, graphics and
sign base material, including framing, not integrated into the architecture of the
building.
B. Multifaced Signs: When two (2) sign faces are placed back to back and are at no
point more than one foot (1') from one another, the sign area shall be the area of the
larger face. Sign area of all other multifaced 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 affixed within three feet (3') of the window.
D. Display Boxes: 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.
CHAPTER 6: BUSINESS AND BUILDING IDENTIFICATION SIGNS
11-6-1: SIGN DISTRICTS:
A. Sign District 1 (SD 1): All of vail except for property zoned ABD, CC3, and PA-2.
B. Sign District 2 (SD 2): All property zoned ABD, CC3, and PA-2 (West Vail and
Cascade Crossing).
C. Ski Base Overlay Sign District (SBO): Properties that are a part of the Ski Base Sign
Area as defined by the Ski Base Overlay map.
11-6-2: BUSINESS SIGNS:
A. Business Signs:
1. Business signs in sign district 1 (SD 1):
a. Number: Each business shall be allowed one business sign per public
entrance.
b. Area: The allowable area of each business sign shall be up to six (6)
square feet. At the discretion of the design review board.
c. Height: Projecting and awning signs shall have a minimum clearance of
eight feet (8') above pedestrian ways and a minimum clearance of fifteen
feet (15') above vehicular ways. No part of any business sign shall extend
more than twenty-five feet (25') above existing grade.
d. Location: Business signs shall be located on the business frontage.
e. Type Of Sign: Business signs shall not be freestanding.
f. Businesses Not On The First Floor Or Street Level: Businesses not
located on the first floor or street level shall be allowed only one projecting
sign with a maximum area of six (6) square feet; location shall be subject
to design review.
2. Business signs in sign district 2 (SD 2):
a. Number: Each business shall be allowed one (1) business sign per
business frontage with a maximum of three (3) per business.
b. Area: The combined area of allowed business signs is based on the
combined business frontages, and is as follows:
Combined
Business Frontages Total
Sign Area
0 feet <13 feet 10 square feet
13 feet <25 feet 14 square feet
25 feet <50 feet 20 square feet
50 feet <75 feet 30 square feet
75 feet <100 feet 40 square feet
100 feet plus 50 square feet
c. Height: Projecting and awning signs shall have a minimum clearance of
eight feet (8') above pedestrianways and a minimum clearance of fifteen
feet (15') above vehicularways. No part of any business sign shall extend
more than twenty-five feet (25') above existing grade.
d. Location: Business signs shall be located on the business frontage.
e. Type Of Sign: Business 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 six
(6) 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 subsection B6
of this section.
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 feet (6') above existing grade.
4. Location: Display boxes shall be located on the business frontage.
5. Type of Sign: Display boxes shall not be freestanding signs.
C. 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 all window signs shall not exceed fifteen percent (15%) of
the area of the window in which they are placed, with a maximum size per
window sign of six (6) square feet. Mullions that are more than twelve inches
(12") wide shall be considered window separators, thereby signifying a separate
"window area".
3. Height: The top of any window sign shall not extend more than twenty-five feet
(25') above existing grade.
4. Special Provisions: Any signs placed inside of a business, within three feet (3')
of a window and visible from the outside shall be counted toward total window
sign area.
11-6-3: BUILDING IDENTIFICATION SIGNS:
A. Description: All building signs shall comply with the regulations listed herein and shall
also be subject to review by the design review board, which reviews signage based on
the criteria in chapter 5 of this title.
The total area allowed for building identification signage in both sign district 1 and sign
district 2 includes the total number of its building signs, each measured differently,
according to the type of building identification sign, and varies according to building
frontage (see following tables).
1. Sign District 1 (SD 1); Allowable Building Identification Sign Area: The linear
frontage of a building shall be measured in the same manner as that of a
business, except that frontages shall not be delineated by inner divisions
between tenant spaces. Building identification signs, unlike business signs, shall
be allowed on building frontages without entrances, as long as that frontage
parallels a major pedestrian or vehicular way.
Building Frontage Allowed Total
Sign Area
10 feet <50 feet 20 square feet
50 feet <75 feet 30 square feet
75 feet <100 feet 40 square feet
100 feet <150 feet 50 square feet
150 feet <200 feet 50 square feet
200 feet plus 60 square feet
2. Sign District 2 (SD 2); Allowable Building Identification Sign Area: The linear
frontage of a building shall be measured in the same manner as that of a
business, except that frontages shall not be delineated by inner divisions
between tenant spaces. Building identification signs, unlike business signs, shall
be allowed on building frontages without entrances, as long as that frontage
parallels a major pedestrian or vehicular way.
Building Frontage Allowed Total
Sign Area
10 feet <50 feet 20 square feet
50 feet <75 feet 30 square feet
75 feet <100 feet 40 square feet
100 feet <150 feet 50 square feet
150 feet <200 feet 50 square feet
200 feet <250 feet 60 square feet
250 feet <300 feet 60 square feet
300 feet <400 feet 70 square feet
400 feet plus 80 square feet
3. Sign Districts 1 And 2; Types Of Building Identification Signs:
a. Freestanding Signs:
(1) Number: One (1) freestanding sign per building frontage on a
major pedestrian or vehicular way, with a maximum of two (2)
freestanding signs per building.
(2) Area: Freestanding building identification signs shall be subject
to the total sign area requirements of the building frontage tables
listed previously and shall be measured according to the total sign
area.
(3) Height: No part of a freestanding building identification sign shall
be higher than eight feet (8') above existing grade.
(4) Special Provisions: Freestanding signs shall be placed on two
(2) separate building facades facing pedestrian and vehicular ways
and shall be subject to design review. A joint directory sign, though
a type of freestanding sign, shall not count toward the total quantity
of freestanding signs allowed.
b. Wall Mounted Signs:
(1) Number: One (1) sign per building frontage on a major
pedestrian or vehicular way. A maximum of two (2) wall mounted
building identification signs shall be allowed if a building has two (2)
frontages as defined in these regulations.
(2) Area: Wall mounted building identification signs shall be subject
to the total sign area requirements of the building frontage tables
listed previously, and shall be measured according to the size of
the text only.
(3) Height: No part of a wall mounted building identification sign
shall be higher than twenty-five feet (25') above existing grade.
(4) Special Provisions: If using two (2) signs, signs shall be placed
on two (2) separate frontages, subject to design review.
c. Joint Directory Signs:
(1) Number: One (1) joint directory sign per building unless the
building has more than one building frontage (see chapter 2,
"Definitions", of this title) with a combined linear frontage that
exceeds one hundred fifty feet (150'), in which case that building
shall be entitled to two (2) joint directory signs. No building
identification sign, other than a joint directory sign, shall be allowed
for the side of a building that houses a joint directory sign.
(2) Area: Each joint directory sign may contain signage of up to one
(1) square foot per business tenant in a building, and up to three (3)
square feet for the name of the building, placed atop the joint
directory sign.
(3) Height: No part of a joint directory sign shall be higher than eight
feet (8') above existing grade.
(4) Special Provisions: A joint directory sign, though a type of
freestanding sign, shall not count toward the total quantity of
freestanding signs allowed. However, the area of the joint directory
sign shall be included in the total building identification area allowed
according to building frontage. All joint directory signs shall be kept
current according to business turnover.
CHAPTER 7: OTHER SIGNS
11-7-1: FLAGS:
A. Quantity: A maximum of two (2) flags per property.
B. Size: Flags are not to exceed twenty-four (24) square feet in area.
C. Height:
projecting over public walkways and a minimum c
when projecting over vehicular streets.
2. No flagpole shall be higher than twenty-
D. Commercial Flags: Flags used for the advertisement of any business, product, or
service are subject to DRB review.
E. Non-Commercial Flags: Flags not used for the advertisement of any business,
product, or service are exempt from DRB review, unlimited in number, but must conform
to all dimensional standards. Flagpoles and other mounting structures require a building
permit.
F. Special Events: Flags used for the purpose of promoting community activities or the
sponsors thereof shall be exempt from the application procedure described in this title
and shall instead be subject to the requirements associated with acquiring a Special
Events Permit from the Town of Vail.
11-7-2: RESIDENTIAL SIGNS:
A. Size: Size shall not exceed one-half (1/2) square foot per dwelling unit.
B. Height: No part of the sign shall extend above eight feet (8') above existing grade.
C. Number: One (1) sign per dwelling unit.
D. Location: Subject to design review.
E. Design: Wall mounted, freestanding, or projecting/hanging, subject to design review.
F. Lighting: Indirect.
G. Landscaping: Subject to design review.
H. Special Provisions: Structures having three (3) or more living units may have one (1)
exterior residential sign directory, provided that the individual signs of the directory are
of a standard design and size.
11-7-3: NEIGHBORHOOD SIGNS:
A. Description: In all residential zone districts, any property or portion of a property
under common ownership or management shall be allowed additional signage within
the area under common ownership or management. The common space must be
common to more than 4 units to qualify for a neighborhood sign.
B. Number: One (1) sign per curb cut accessing the common space.
C. Area: Combined area of all neighborhood signs shall not exceed twenty (20) square
feet.
bove
finished grade.
11-7-4: CONSTRUCTION SIGNS:
A. Area: The area of any construction sign shall not exceed eight (8) square feet.
B. Height: The top of a construction sign shall be no higher than eight feet (8') above
grade.
C. Number: One (1) sign per construction site.
D. Location: Construction signs shall be mounted parallel and flush to the building wall
or construction fence adjacent to the street or major pedestrianway to which the
construction site abuts.
E. Lighting: Not permitted.
F. Type Of Sign: Construction signs shall not be freestanding signs.
G. Display Duration: Construction signs may be displayed upon issuance of the
associated building permit(s) and shall be removed prior to the issuance of a certificate
of occupancy.
H. Construction signs must comply with the current building code adopted by the Town
of Vail and any other relevant state or federal law.
11-7-5: THEATER SIGNS
Theaters and movie/media rental business will be allowed three (3) theater signs in the
front window at any one time. The allowable area of each theater sign may be up to
eight (8) square feet, subject to design review approval.
Theater signs may be electronic signs. When used as a theater sign, the illumination
levels of an electronic sign must be adjusted to the ambient light conditions and be no
brighter than is necessary for clear and adequate visibility. When used as a theater
sign, electronic signs shall not emit light between the hours of eleven o'clock (11:00)
P.M. and seven o'clock (7:00) A.M. the following day.
11-7-6: OPEN HOUSE SIGNS:
A. Number: For each real property that is actively listed for sale, as evidenced by such
parcel's listing in a multiple listing service or other real estate listing service, one (1)
temporary sign is allowed.
B. Location: An Open House Sign is allowed at a street corner on the street from which
the main entrance to the property is accessed. It must be placed in a manner to not
obstruct the flow of traffic or impede in the safe usage of the Right-of-Way.
C. Area: The area of any open house sign shall not exceed three (3) square feet.
measured from the top of the sign to the grade at the base of the sign.
E. Display Duration: This sign is only allowed during the period of time when the
s.
11-7-7: BALLOONS:
All balloons, regardless of their size, shall be subject to a special events permit.
11-7-8: PUBLIC PARKING AND LOADING SIGNS FOR PRIVATE PROPERTY:
A. Description: A public parking and loading sign is permitted for private properties
which provide "public unstructured parking" or "public parking structures" as defined by
section 12-2-2, "Definitions Of Words And Terms", of this code, with a minimum of
twenty-five (25) parking spaces and/or loading bays for use by the public. These public
parking spaces must be above and beyond the requirements of title 12, chapter 10, "Off
Street Parking And Loading", of this code.
1. Number: One (1) sign per public vehicular entrance, unless the administrator
determines fewer or additional signs are necessary to promote the safe and
expedient flow of traffic.
2. Area: The allowable area of any single public parking and loading sign shall
not exceed ten (10) square feet, unless the administrator determines a smaller or
larger area is necessary to promote the safe and expedient flow of traffic.
3. Height: Projecting and awning signs shall have a minimum clearance of eight
feet (8') above pedestrianways and a minimum clearance of fifteen feet (15')
above vehicularways. No part of any public parking or loading signs shall extend
more than twenty-five feet (25') above grade.
4. Location: Subject to design review. Signs may be permitted in the Town's right
of way, subject to subsection 11-5-3I, "Placement On Public Property", of this
title.
5. Type: Awning, freestanding, projecting or wall mounted.
6. Lighting: Subject to design review.
11-7-9: SKI BASE AREA SIGNS:
A. Description: These regulations apply to all signs erected within the ski base areas.
There shall be a sign program addressing the needs of both the winter and summer
seasons. It is not the intent of these regulations to provide a competitive advantage to
on mountain commercial uses.
1. Number: Subject to design review.
2. Area: Subject to design review.
3. Height: Awning, projecting, wall, and electronic signs shall have a minimum
clearance of eight feet (8') above pedestrianways and a minimum clearance of
fifteen feet (15') above vehicularways. No part of a ski base sign shall extend
more than twenty-five feet (25') above grade.
4. Location: Subject to design review. Signs may be permitted in the public right
of way subject to subsection 11-5-3I, "Placement On Public Property", of this title.
5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A-
frame and sandwich board style signs are prohibited.
6. Lighting: Subject to design review.
7. Special Provisions: A sign program is required in accordance with the
provisions of chapter 8 of this title.
11-7-10: RESTAURANT SIGNS:
A. Description: Additional signage allowed for all eating and drinking establishments
within the Town of Vail, subject to the following standards.
B. Display Boxes:
1. Number: Each business shall be allowed up to two (2) display boxes per
business frontage, per subsection C5 of this section.
2. Area: Businesses shall be allowed up to six (6) square feet of display box area
per business frontage. No single display box shall exceed six (6) square feet, and
no business frontage shall display more than six (6) square feet of display box
area.
3. Height: The height of the highest part of the display box shall not extend more
than six feet (6') above existing grade.
4. Location: Display boxes shall be displayed on the business frontage.
C. Specials Boards:
1. Number: Businesses shall be allowed one specials board per business
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 feet (6') above existing grade.
4. Location: Specials boards shall be attached to menu boxes, except where the
administrator determines there is a practical difficulty by making the following
findings, in which case the specials 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.
11-7-11: ADDITIONAL TEMPORARY SIGNAGE:
A. Description: Each property within the Town of Vail shall be allowed, without a permit,
one (1) additional temporary sign, subject to the following standards.
B. Size: No temporary sign shall not be greater than three (3) square feet in area.
C. Height:
finished grade.
D. Design: Temporary signage falling under this provision shall be freestanding or
window signs.
E. Timeframe: No sign falling under this provision shall be displayed for more than
fourteen (14) days per year. Additional Temporary Signage may only be displayed
CHAPTER 8: SIGN PROGRAMS
11-8-1: SIGN PROGRAM DESCRIPTION:
The purpose of the sign program is to encourage a comprehensive approach to the
design, size, number, shape, color, and placement of all signs pertaining to a particular
development or building containing a business or group of businesses. A sign program
shall convey an organized, innovative, and unique approach to multiple signs.
11-8-2: CRITERIA:
Sign programs shall be required for all new or demolished/rebuilt multi-family residential
projects and for new or demolished/rebuilt commercial projects. Sign programs may be
required for other significant new developments (e.g., subdivisions, ski base facilities) or
for redevelopment projects at the discretion of the staff. Existing multi-tenant
commercial buildings shall be required to submit a sign program when applying for new
signage. Sign programs shall be subject to the provisions, standards, and guidelines
listed in this title.
11-8-3: SIGN PROGRAM REVIEW:
All sign programs shall be subject to the design review process detailed in chapter 4,
"Sign Application Procedures", of this title.
CHAPTER 9: EXEMPT, PROHIBITED, AND NONCONFORMING SIGNS
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 5 of this title and the maintenance requirements listed in
section 11-11-3 of this title:
A. Memorial signs, dedication plaques, or tablets;
B. Government signs and signs erected by government employees in the course of their
work, including directional signs, to control traffic or for other regulatory purposes;
C. A mural that has received approval by the Art in Public Places Board;
D. Temporary decorations or displays, when they are commonly associated with any
national, local or religious holiday;
E. Temporary or permanent signs erected by public utility companies or construction
companies to warn of dangerous or hazardous conditions;
F. Signage and decorations subject to a Special Event Permit through the Town of Vail;
and
G. Private Warning Signs
11-9-2: PROHIBITED SIGNS:
Unless otherwise allowed by this title, 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;
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, or involve the use of live
animals;
E. Any sign for a business or service having been vacated for ninety (90) 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 feet (4') 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;
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; and
N. Vehicular signs as defined by this Title.
11-9-3: NONCONFORMING SIGNS:
A. Definition: Any sign erected prior to the enactment of this title and in accord with the
Town of Vail approval process, that does not conform to the provisions set forth herein
(as determined by the administrative procedure listed below), or is located in newly
annexed territory, shall be designated as nonconforming.
B. Continuation Of A Nonconforming Sign: Any sign which has been determined to be
nonconforming may continue in use and operation as a nonconforming sign pending the
following provisions:
1. Any nonconforming sign that is not maintained, at the discretion of the
administrator and according to section 11-2-1 of this title, shall be removed by
the administrator (section 11-11-3 of this title) and shall be replaced as a
conforming sign, in accordance with the regulations in this title.
2. All nonconforming signs shall be brought into conformance with the regulations
in this title at the time that the represented business changes ownership,
provided that the business changes its name and/or offered services, thereby
requiring a new sign, or at the time that the represented business changes its
name and/or services offered, thereby requiring a new sign.
CHAPTER 10: VARIANCES AND APPEALS
11-10-1: VARIANCES:
A. Purpose: A variance from the sign regulations constitutes relief from the strict
interpretation of the standards and may be granted by the planning and environmental
commission (PEC) in cases where there exists a physical limitation that prevents the
existence, placement, or operation of a sign in compliance with the standards of this
title.
B. Application Procedure: An application for a variance from the sign regulations may be
obtained from the community development department. The variance application must
include a sign permit application, the applicant's reasons for requesting a variance, and
a nonrefundable fee determined by the town council as set forth by town ordinances.
The staff shall set a date for a hearing before the planning and environmental
commission once the complete application has been received.
C. Criteria For Approval:
1. Special circumstances or conditions must exist that apply to the land,
buildings, topography, vegetation, sign structures, or other matters on adjacent
lots or within the adjacent right of way, that would substantially restrict the
effectiveness of the sign in question. However, such circumstances must be
unique to the subject site.
2. The applicant shall not have created the circumstances that have necessitated
the variance request.
3. The applicant must demonstrate that the granting of the variance will be in
general harmony with the purposes of this title.
11-10-2: APPEAL OF A VARIANCE:
An appeal to the town council of a planning and environmental commission (PEC)
decision on a sign variance application may be made in accordance with the appeal
process (section 12-3-3 of this code).
CHAPTER 11: VIOLATIONS AND ENFORCEMENT
11-11-1: VIOLATIONS:
A. General Violations: Any sign that is deemed by the administrator to be erected,
structurally altered, extended, moved, or otherwise utilized in violation of any provisions
of this title, is in violation of this title and shall be subject to the procedure for removal as
listed below. Any sign not maintained or kept in good repair, as determined by the
administrator, is in violation of this chapter and shall also be subject to the procedure
listed in section 11-11-2 of this chapter.
B. Sign Violations On Public Property: It shall be unlawful to erect or maintain any sign
in, on, over, or above any land or right of way or on any property belonging to the Town
of Vail without the express permission of the Town. The administrator may summarily
abate a violation of this nature by removing and confiscating any unauthorized sign
without prior notice and may recover the costs incurred in removing any unauthorized
signs from any person who commits, takes part in, or who assists in any such violation.
However, this shall not be deemed to apply to official government notices and notices
posted by governmental officers in the performance of their duties, government signs to
control traffic or for other regulatory purposes, or to identify streets or warn of danger.
Any person who commits, takes part in, or who assists in any such violation, shall be
guilty of a violation of this code and be subject to the provisions of the penalty and costs
subsections (section 11-11-2) of this chapter.
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.
B. 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 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.
C. Failure To Comply And Town Abatement: If the person in receipt of said written
notice fails to abate said violation so as to comply with the provisions of this title within
the time frame specified in the notice, the administrator shall cause a sign in violation of
the provisions of this title to be altered or removed at the expense of the owner or
person entitled to possession of the property or sign, and shall, upon the determination
of the expenses, certify them to the director of finance of the Town of Vail.
D. Costs: The amount certified by the director of finance to the county treasurer for
collection shall include the actual cost of repair or removal of the sign and the cost of
collection plus fifteen percent (15%) of the sum of said costs, representing penalty.
11-11-3: SIGN MAINTENANCE AND REPAIR ENFORCEMENT:
A. All signs in the Town shall be properly maintained (as defined in section 11-2-1 of
this title) at all times to the satisfaction of the administrator or they will be repaired or
removed (as defined in section 11-2-1 of this title) by the administrator.
B. The administrator shall have the authority to order through written notice the repair or
removal of a sign and accompanying landscaping when the said sign:
1. Has been found to constitute a violation of this title;
2. Is a hazard to the safety, health, or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, or abandonment; or
3. Has been damaged beyond fifty percent (50%) of its total area and deemed
poorly maintained by the administrator. The procedure for removal of a sign in
violation is detailed in subsection 11-11-2C of this chapter. The administrator's
decision shall be subject to review by the planning and environmental
commission in accordance with the provisions of the zoning ordinance
(subsection 12-3-3B of this code) and may be appealed by any "aggrieved or
adversely affected person" (as defined in subsection 12-3-3B2 of this code).
Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town
Council finds and determines the following:
1. The text amendment is 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
2. The text amendment furthers the general and specific purposes of the zoning
regulations
3. The text amendment promotes the health, safety, morals and the general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner than conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality
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 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 5. 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 18th day of May, 2021, and a
public hearing for second reading of this Ordinance set for the 1st day of June, 2021, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
__________________
Dave Chapin, Mayor
ATTEST:
_________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st
day of June, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk