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HomeMy WebLinkAbout1993- 5 Amending Chapter 16.04 and Sections 16.12.010, 16.20.010, 16.20.055, 16.20.220, 16.22.010, 16.22.035, 16.22.160, 16.26.010, 16.20.015, and 16.20.014 of the Vail Municipal Code to Provide for the Prohibition of Neon Signs.~ . ORDINANCE NO, 5 SERIES OF 1993 AN ORDINANCE AMENDING CHAPTER 18.04, AND SECTIONS i6.i2A10, 18.20.Oi0, 16.20.055, 16.20.220, 16.22.010, 16.22.035, 16.22.160, 16.26.010, 16.20.015 AND 16,22.014 OF THE TOWN OF VAIL MUNICIPAL CODE TO PROVIDE FOR THE PROHIBITION OF NEON 51GNS AND EXTERIOR GAS FILLED, ILLUMINATED AND FIBER OPTIC SIGNS, AND PROVIDING REGULATIONS REGARDING THE REVIEW OF ALL OTHER GAS FILLED, ILLUMINATED AND FIBER OPTIC SIGNS, AND INTERIOR ACCENT LIGHTING AND PROVIDING DETAILS IN REGARD THERETO. WHEREAS, the Town Council finds that signage has a significant impact on the visual quality and character of the Tawn; and WHEREAS, it is important to maintain the quality of the signage in order to maintain a resort market preserving the unique character of the Town and fostering the quality of the Town; and WHEREAS, the Town Council finds that the proliferation of signs in the city would result in visual blight and unattractiveness and would convey an image that is inconsistent with the high quality resort environfnent; and WHEREAS, the Town Council finds that effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: Section 7 Chapter t 6.t)4 is hereby amended by the addition of the following sections: Section 16,04.165 Neon Sian - a sign in which a colorless, odorless, primarily inert gaseous element known as neon is found and produces illumination. Section 16.04.115 Gas Filled Sian - a sign in which illuminating gas is heated to produce light. Section 16.04.116 Gas Filled Tubing - a tube in which illuminating gas is heated to produce light. Section 16.04.125 Illuminated Light Sian - a sign emitting or reflecting a steady suffused or glowing light. Section 16.04.0]5 Fiber Ootic Sian - a sign of thin, transparent, homogeneous fiber of glass or plastic that is enclosed by material of a lower index of refraction and transmits throughout its length through internal reflections. Section 18.04.126 Liahtina. accent - "accent lighting" means a light source located within the interior of a building that illuminates a display window and or 1 4i.+ . ; C merchandise by the means of spotlights, gas filled tubing or other similar features. Section 2 Section 16.12.010 - Paragraph C of the Vail Municipal Code is hereby amended to read as follows: C. Review and approval of the Design Review Board for signs exceeding 5 square feet, subdivision entrance signs, all sign programs, permitted gas filled sign, illuminated sign, fiber optic sign and accent lighting. Section 3 Section 16.20.220 -Paragraph B(1) and Section 16.22.160 -Paragraph B(1 } of the Vail Municipal Code are hereby amended to read as follows: Section 16.20.220 - Paragraph B(1) -Size and Section 16.22.160 Paragraoh B(1) -Size Any sign or signs attached to or applied to the inside surface of any exterior window will be limited to a coverage of 15% (fifteen percent} of the total window space. Further, with the exception of gas filled, illuminated, and fiber optic window signs, no sign or signs shat[ cover more than ten (10} square feet of any window space. Gas filled, illuminated and fiber optic window signs shall not cover more than three {3) square feet of any window space. Section 4 Section 16.20.220 - Paragraph D -Number and Section 16.22.160 Paragraph D -Number of the Vail Municipal Code are hereby amended to read as follows: Section 16.20.220 D -Number and Section 16.22.160 D -Number D. Each window frontage may contain sign ar signs within the prescribed sign limits for each frontage on a stree# or major pedestrian way with a maximum of two (2) signs per frontage. Not more than one (1} sign for each frontage shall be permitted to be an gas filled, illuminated or fiber optic window sign. Section 5 Section 16.20.220 F -Design and 16.22.160 F -Design of the Vail Municipal Code are hereby amended to read as follows: F. -Design, -All gas filled, illuminated, or #iber optic window signs shall be subject to review by the Design Review Board. 2 `~" ' , ~. Section 6 Section 16.20.220 Paragraph l -Special Provisions of the Vai! Municipal Code is hereby amended by the addition of sub paragraph (4) to read as #ollows: 1{4) - An gas filled, illuminated, or fiber optic window sign may be used to identify a business which has no other exterior business identification sign, One (1 }square foot of sign shall be allowed per each five lineal feet of frontage of the individual business or organization having its own exterior public entrance in a single business use or a multi- tenant building with a maximum of three (3) square feet of sign allowed for a business with insufficient frontage. A maximum of 10 sq. ft. shall be allowed far one (1} sign. A maximum of one (1) sign per frontage, not to exceed a total of two (2) signs for the business shall be allowed. Section ~ Section 16.22.160 Paragraph f -Special Provisions of the Vail Municipal Code is hereby amended by the addition of sub paragraph (2) to read as follows: I{2} An gas filled, illuminated, or fiber optic window sign may be used to identify a business which has no other exterior business identification sign. 2.5 square feet of sign shall be allowed per each five (5} lineal #eet of frontage of the individual business or organiza#ion having its own exterior entrance in a single business use or amulti-tenant building, with a maximum of five (5) square feet of sign allowed for businesses with insufficient frontage. A maximum of ten {10) square feet shall be allowed for one (1}sign, A maximum of one {1) sign per frontage, not to exceed a total of two (2) signs for the business shall be allowed. Section 8 Chapter 16.20 is hereby amended by the addition of Section 18.20.055 to read as follows: Section 16.21}.l]55 -Gas filled, illuminated and fiber optic signs. Gas filled, illuminated and fiber optic signs shall be regulated by the following unless otherwise addressed within this title: A. Purpose: To identify particular types of services, products or events; B. Location: Any sign located further than thirty-six (3B} inches from the window pane and visible from a public right-of-way shall be subject to the approval of the 3 "~ Design Review Board pursuant to Chapter i 6.16 of the Vail Municipal Code. C. Design: Subject to the approval of the Design Review Board. D. Size: All gas filled, illuminated and fiber optic signs between five (5) square feet and ten (10) square feet in size and further than thirty-six (36) inches from the window pane which are visible from the public way shall be reviewed by the Design Review Board pursuant to this section. E. Special Provisions: Gas filled, illuminated and fiber optic signs within the interior of the business and not considered to be a window sign which have a total accumulative square footage greater than ten (10} square feet in size and which can be seen frpm any public way within the Town shall be prohibited. Section 9 Chapter 16.22 is hereby amended by the addition of Section 16.22.035 to read as follows: Section 16.22.035 -Gas filled, illuminated and fiber optic signs. Gas filled, illuminated and fiber optic signs shall be regulated by the folkowing unless otherwise addressed within this title: A. Purpose: To identify particular types of services, products or events; B. Location: Any sign located further than thirty-six (36} inches from the window pane and visible from a public right-of-way shall be subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipa! Code. C. Design: Subject to the approval of the Design Review Board. D. Size: All gas filled, illuminated and fiber optic signs between five (5) square feet and ten (10) square feet in size and further than thirty-six (36) inches from the window pane which are visible from the public way shall be reviewed by the Design Review Board pursuant to this section. I;, Special Provisions: 4 Gas filled, illuminated and fiber optic signs within the interior of the business and not considered to be a window sign which have a total accumulative square footage greater than ten (10} square fee# in size and which can be seen from any public way within the Town shall be prohibited. Section 10 Section 16.26.410 of the Vai! Municipal Code is hereby amended by the addition of Paragraph M to read as follows: Section 16.26.010 -Paragraph M 1. All neon signs. 2. All gas filled, illuminated, and fiber optic signs and lighting located on the exterior of any building or structure. 3. Gas filled, illuminated, and fiber optic sign or signs within the interior of the business and not considered to be a window sign which have a total accumulative square footage greater than ten {10} square feet in size and which can be seen from any public way within the Town. Section 11 Chapter 16.20 is hereby amended by the addition of Section 16.20.015 to read as follows: Section 16,20.0'15 Accent Lighting. Accent lighting shall be regulated by the following: A. Purpose. To illuminate display windows andlor merchandise; B. Location. Subject to the approval of the Design Review Board pursuant to Chap#er 76.18 of the Vaii Municipal Cade. The lighting source of accent lighting shall not be visible from any public way as viewed from the exterior of -the business and shall be located within the interior of the building. C. Design. Subject to the approval of the Design Review Board pursuant to Chapter ifi.1fi of the Vail Municipal Code. Section 12 Chapter 16.22 is hereby amended by the addition of Section 16.22,014 to read as follows: Section 16.22.014 Accent Lighting. Accent lighting shall be regulated by the following: A. Purpose. To illuminate display windows andlor merchandise; B. Location. Subject to the approval of the Design Review Board 5 ~. pursuant to Chapter 16.16 of the Vail Municipal Code. The lighting source of accent lighting shall not be visible from any public way as viewed from the exterior of the business and shall be located within the interior of the building. C. Design. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. Section 13 Section 16.20A10 - Paragraph B of the Vail Municipal Code by the addition of sub paragraphs 22 and 23 is hereby amended to read as follows: 22. Accent Lighting 23. Gas filled, illuminated, and fiber optic signs Section 14 Section 16.20.010 - Paragraph C of the Vail Municipal Code by the addition of sub paragraphs 1(g} and 1(h} and 2(f) and 2{g) are hereby amended to read as follows: 1(g) -Accent Lighting 1(h) -Gas filled, illuminated and fiber optic signs 2(f} - Accent Lighting 2(g) -Gas filled, illuminated and fiber optic signs Section 15 Section 16,22.810 - Paragraph B of the Vail Municipal Code by the addition of sub paragraphs 1 S and 19 are hereby amended to read as follows: 18. Accent Lighting 19. Gas filled, illuminated and fiber optic signs. Section 16 Section 16.22.010 - Paragraph C of the Vaii Municipal Code by the addition of sub paragraphs 1 {g} and 1(h) and 2(f) and 2(g} are hereby amended to read as follows: 1(g) Accent Lighting 1(h) Gas filled, illuminated and fiber optic signs 2(f) Accent Lighting 2(g) Gas filled, illuminated and fiber optic signs Section 17 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of 6 ... .' this ordinance; and the Town Gouncil hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase #hereof, regardless of the fact that any one or mare parts, sections, subsections, sentences, clauses ar phrases be declared invalid. Section 18 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 19 The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation #hat occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under ar by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision ar any ordinance previously repealed or superseded unless expressly stated herein. Section 2Q A11 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 #a revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. fNTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of May, 1993, and a public hearing shall be held an this Ordinance on the 3rd day of August, 1993, at 7:3Q p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~ti~~ ~~ ~~ Margo t A. Osterfass, Mayo ATTEST: ~ (? Holly L. McCutcheon, Town Clerk 7 •;! i y i • K READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 3rd day of August, 1993. t..l~ , Margaret`A. Osterfoss, Mayar ATTEST: Holly L. 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