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Home My WebLink About2010-22 Sign Regulations Theaters, Menu Boxes, Electronic Signs ORDINANCE NO. 22 Series of 2010 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW ENTERTAINMENT SIGNS FOR THEATERS AND MENU BOXES FOR EATING AND DRINKING ESTABLISHMENTS IN THEATERS TO BE ELECTRONIC SIGNS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, technology has evolved and the use of electronic signs has become the industry standard for movie theaters; and, WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and, F l WHEREAS, the Town of Vail Planning and Environmental Commission held a public f hearing on November 22, 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 of the request to amend the Town's Sign Regulations; and, I 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, i 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 . Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethF9u9h, text that is to be added is bold, and sections of text that are not amended have been omitted): Theater: An establishment for the rehearsal and presentation of performing arts and /or the showing of movies or motion pictures. SECTION 2 . Section 11 -2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stfikethF9u9h, text that is to be added is bold, and sections of text that are not amended have been omitted): Movie /media rental business: A retail establishment engaged in the sale or lease of recorded movies, video games, or other forms of electronic media. Ordinance No. 22, Series of 2010, second reading i Theater: An establishment for the rehearsal and presentation of performing arts and /or the showing of movies or motion pictures. r SECTION 3 . Section 11- 6 -3 -C, Menu Box (SDI and SD2), Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethfeWg#, text that is to be added is bold, and sections of text that are not amended have been omitted): I 1. Number: Each business shall be allowed up to two (2) menu boxes per business frontage, per subsection C5 of this section. 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. Menu boxes for eating and drinking establishments in theaters may be electronic signs. When used as a menu box, 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 menu box, electronic signs shall not emit light between the hours of eleven o'clock (11:00) PM and seven o'clock (7:00) AM the following day. SECTION 4 . Section 11 -7 -8, Entertainment Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in s#F+kethraugh, text that is to be added is bold, and sections of text that are not amended have been omitted): Theaters and movie /media rental business will be allowed three (3) poster images in the front window at any one time. The allowable area of each entertainment sign may be up to eight (8) square feet, subject to design review approval. Entertainment signs for theaters may be electronic signs. When used as an entertainment signs, 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 an entertainment sign, electronic signs shall not emit light between the hours of eleven o'clock (11:00) PM and seven o'clock (7:00) AM the following day. SECTION 5 . Section 11 -9 -2, Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in StFikethMUgh, text that is to be added is bold, and sections of text that are not amended have been omitted): 11 -9 -2: Prohibited Signs: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail: SECTION 6 . Sub - section 11- 9 -2 -D, Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFik9thFeU0h, text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. 22, series of 2010, second reading 2 i y D. Signs that incorporate projected images, emit any sound Wh 0 6 intended to , or involve the use of live animals. SECTION 7. 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 8. 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 9. 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. SECTION 10. 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 21 day of December, 2010 and a public hearing for second reading of this Ordinance set for the 4th day of January, 2011 at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. pF.VA ?. 1 ha D. ev , Mayor 4brel naldson, Town Cle COLO INTRODUCED, REA D AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4 day of January, 2011. Richard D la Mayor A EST: OF VA�,� relei Donaldson, Town Clerk '. •:�. Ordinance No. 22, Series of 2010, second reading 3 �� •� P O i i I