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2010-16 ORDINANCE NO. 16 Series of 2010 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 11 -3 -3, PRESCRIBED REGULATIONS AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR SKI BASE AREA SIGNS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 11, Sign Regulations, Vail Town Code, does not address ski yard signs within the Town of Vail, which are necessary for the operation of Vail Mountain; and WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on September 27, 2010, on the application to amend the Town's Sign Regulations, in accordance with the provisions of the Vail Town Code; and WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -1 (Cartin recused) of the request to amend the Town's Sign Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations 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; and, WHEREAS, the Vail Town Council finds and determines that the provisions contained within the proposed regulation amendments further the goal of providing the highest level of guest services for our premier resort community; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes 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 . Purpose: The purpose of this Ordinance is to create regulations for signs within the ski base areas of Vail Mountain. SECTION 2 . Section 11 -2 -1: Definitions Enumerated, Vail Town Code, is hereby amended in part as follows (text to be added is bold, and sections of text that are not amended have been omitted) Sign, Electronic: 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 Ordinance No. 16, Series of 2010, second reading 1 may roll, scroll, dissolve, and alternate periodically. Sign, Portable: A sign not erected with a permanent fixed location attached to the ground or other permanent structure, including, but not limited to, A -frame and sandwich board signs. Sign, Ski Base: A sign in a ski base area that informs the public about on- mountain conditions, grooming reports, status of ski lifts and tows, and the location of ski school facilities, ski racing facilities, ski patrol facilities, outdoor recreation facilities and activities, lift ticket sales, skier and guest services. Ski Base Area: For the purpose of regulating ski base area signs, ski base areas are those areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. SECTION 3 . Section 11 -5 -2: Design Guidelines, Vail Town Code, is hereby amended in part as follows (text to be added is bold, and sections of text that are not amended have been omitted) Any sign erected within the town of Vail should: 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. SECTION 4 . Section 11 -7 -16: Ski Yard Signs, Vail Town Code, is hereby established as follows (text to be added is bold, and sections of text that are not amended have been omitted): 11 -7 -16: Ski Base Area A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multi seasonal offerings of the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. 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. Ordinance No. 16, Series of 2010, second reading 2 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to Subsection 11 -5 -31, "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. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of Chapter 8 of this title. b. Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. SECTION 5 . Section 11 -9 -2: Prohibited Signs, Vail Town Code, is hereby amended as follows (text to be added is bold, and sections of text that are not amended have been omitted): 11 -9 -2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail: O. Portable signs, except official government signs, open house signs, and ski base signs. SECTION 6 . 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 Vail 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 7. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 8. The amendment of any provision of the Town Code of Vail 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. Ordinance No. 16, Series of 2010, second reading 3 SECTION 9. 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 19 day of October, 2010 and a public hearing for second reading of this Ordinance set for the 2 day of November, 2010, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Clevelah yor ATTE T: or lei ona dson own Clerk :L n . ' l... o •;. INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2 day of November, 2010. D. Clevelan yor ATTEST: �1t�.0p SE L relei Donaldson, Town Clerk L .ORA Ordinance No. 16, Series of 2010, second reading 4