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HomeMy WebLinkAboutagenda.apz.20100216AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, February 16, 2010 4:30 p.m. regular meeting- Sister Cities Room CITY HALL I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. 726 W. Francis Street -Conditional Use and associated land use reviews B. Miscellaneous Code Amendments VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 6 ~A MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Drew Alexander, Interim Zoning Officer RE: Crossroads Church (726 W. Francis) -Conditional Use Review, Special Review for Parking, Dimensional Variance, and Growth Management Review for and Essential Public Facility -Resolution No. _, Series 2010 -Public Hearing MEETING DATE: February 16th, 2010 APPLICANT/OWNER: Crossroads Church of Aspen, 726 W Francis, Aspen, CO 81611 REPRESENTATIVE: John Galambos, John Galambos Architects, 314 Suite D Aspen Business Center, Aspen, CO 81611 LOCATION: Block 15, Lots K - M, First Baptist Church, City and Townsite of Aspen, CO, commonly known as 726 W. Francis Street. CURRENT ZONING & USE Located in R-6 (Medium-Density Residential) Zone District. PROPOSED LAND USE: The existing land use will remain. The proposal is for an expansion to the Church facility to provide better programming and operation. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the project, with conditions. SUMMARY: The Applicant requests of the Planning and Zoning Commission approval of Conditional Use Review, Special Review (Parking), Dimensional Variance and a recommendation of approval for Growth Management Review request: Essential Public Facilities. P1 P2 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting four (4) land use approvals from the Planning and Zoning Commission (hereinafter P&Z) and City Council: Planning and Zoning • Conditional Use Review pursuant to Land Use Code Section 26.425 (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). Special Review -Parking pursuant to Land Use Code Section 26.430.020 (The P&Z is the final review authority, who shall by resolution approve, approve with condition, or disapprove a development application). • Dimensional Vaziance (setback) -pursuant to Land Use Code Section 26.314.020 (The P&Z shall be the final review authority if the variance is part of a consolidated application). City Council • Growth Management Review for Essential Public Facilities pursuant to Land Use Code Section 26.470.090.4 (The City Council is the final review authority, who may approve, approve with conditions, or deny the proposal after receiving a recommendation from the P&Z). BACKGROUND: The Crossroads Church was originally built in 1964 and was at the time called First Baptist Church. During its history, the church has undergone several renovations, but nothing as substantive as the current proposal. In 1977, a similar proposal for a church expansion was approved, but the work was never completed. The most recent renovation occurred in 2003 and 2004. PROJECT SUMMARY: The Applicant, Crossroads Church of Aspen, has requested approval to construct an expansion to the existing church facility. The expansion on the upper level (approximately 3,145 gross squaze feet) would make the total gross square footage of the church approximately 11,568 sq. ft. This expansion is intended to improve the internal programming of the church. Currently, there are seven full and part-time employees that share four offices. The addition will create seven new offices with one being used for both office and classroom purposes. The additional space also allows for reconfiguration of the lower lever, including a realigned and larger sanctuary with 80 additional seats. The reconfiguration of the entry level would allow for functionality enhancements of the entrances and provide for proper lobby/reception spaces. The proposal includes altering the 7`h Street (west) entrance and enlarging its reception/lobby area.. This entry level renovation also includes improvements to bathrooms. ADA (none exist currently) compliant bathrooms will be added to this level of the church. ~ No Ordinance/Resolution number on record for this approval 2 P3 The existing church is nonconforming to the R-6 dimensional requirements for setbacks on the side yards and rear yard. The combined side yard setback total should be 30 ft. based upon lot size2, however the church has a 5.5 ft. setback on the west side yard and a 10.7 ft. east side yard giving a total of 16.2 ft. The rear yard setback requirement is 10 ft., but the church currently has a 5 fr. rear yard. The church conforms to front yard requirements. The proposal requires a variance on the west portion of the building where the upper-level expansion approaches 7`h Street. This area is related to a gable above the west stairwell which would maintain the current nonconforming side yard of 5.5 ft. All other portions of the expansion have been pulled back to meet all dimensional requirements other than Combined Yard Setback. FR.Ah1CIS STREET ^ ~ ~ PROPO5ED UPPER LEVEL PLAN r" a J c a t5 3Z iE^- FIGURE 1: SITE PLAN WITH SETBACKS 2 Crossroads Church of Aspen is located on the corner of Francis Street and Seventh Street. Pursuant to R-6 zone district standards fora 9,000 sq. ft. lot, the combined side yard setback should be 30'. 3 P4 Although there is additional squaze footage and an increased sanctuazy size, the applicant has stated that no additional parking is necessary. The church currently has four off-street parking spaces along the alleyway. The remainder of parking is located along the right-of--way around the Church perimeter and in the six spaces available on Sundays at the Forest Service lot. The applicant has completed a traffic analysis for this proposal, as noted in Exhibit F. TARrF I T)rMRNCrl1NAI. r17ART[ Existing Prouosed B-6 Zone District:: Development Develoiment Minimum Requirements Lot Size (squaze 9,000 9,000 6,000 feet) Front Yard Setback 14.9 14.9 10 (feet) East Side Yard 10.7 10.7 ]0' (30' Combined) Setback (feet) West "alternate front 5.5 5.5 6.66 on comer lots (30 yard" Setback (feet) combined Rear Yard Setback 5.5 5.5 for lower, 10 10 (feet) for upper level Combined Sideyard 15.7 15.7 30 Setback (feet) Height (feet) 24 measured to No more than 25 25 1/3 point Site coverage $2% 51 % maximum is 40% Allowable Floor 4,774 7,299 3,660 for 1 detached dwelling on a Area (square feet) 9,000 square foot lot, 4,080 for two detached dwellin s or du lex Off Street Parking 4 4 Established by Special Review STAFF COMMENTS: CONDITIONAL UsE REVtew: A Conditional Use review is requested to increase the floor area of the church with an addition to the upper level. This addition allows for an interior reconfiguration of the church which provides offices for existing employees, improves lobby and classroom spaces, and improves the sanctuary by adding additional seating and placing the stage in a central location. This new design incorporates a prominent new entrance along 7`" Street that would have a wheelchair accessible access ramp. Also, the additional space provides for the ability to construct ADA compliant bathrooms on the entry level. Staff finds that the proposal increases building efficiency and accessibility, and the design is compatible with the R-6 zone district. Staff finds that the Conditional Use criteria aze met and recommends that the Planning and Zoning Commission approve the expansion for the church. 4 P5 SPECIAL REVIEW FOR PARKING: The Aspen Municipal Code does not assign a parking requirement for churches in the R-6 zone district. Civic uses must have their parking requirements established by a Special Review. Parking at the church has been a topic of debate in previous latid use applications. In 1977, when a similar expansion was proposed, the Planning and Zoning Commission required a traffic study to assess the church's requirement. The applicant has completed a similaz traffic study for this application that shows adequate parking during peak hours. Staff finds that the site has limited opportunity For additional parking being that the majority of the site is built out. The applicant has stated the addition will not generate more employees3 and the expanded sanctuary will not create more trips during service hours. The Parking Department has also stated that as long as no current spaces are removed, the Church and surrounding neighborhood has ample parking for its needs. With the current off-street parking, Forest Service lot, and recommendation from the Parking Department, Staff finds that the church has sufficient parking for its needs. If the agreement with the Forest Service ends, the Church shall investigate additional options, such as, but not limited to: additional bike racks, awazeness on the Church website for alternate transportation options, and/or a shuttle service. DIMENSIONAL VARIANCE: The proposal requires the following variance: a side yazd setback, five and a half feet (5.5') is provided where 6.6' is required. Being that the church is located on a corner lot with a front yard along Francis, the remaining yard with street frontage must be 2/3 the distance of the required front yard setback. A front yard setback for a lot of this size in the R-6 zone district is ten feet (10'). The vaziance would be for minimum side yazd setback and combined side yard setback. Staff finds that the vaziances are appropriate for the site, meet the criteria, and recommends approval. GROWTH MANAGEMENT REVIEW, ESSENTIAL PUBLIC FACILITIES: The Crossroads Church of Aspen is an Essential Public Facility, which requires a recommendation from the Planning and Zoning Commission to City Council. The proposal to increase floor area of the Church triggers this review; however the Church does not intend to increase employees, community programs, or congregation membership. The sanctuary is lazger per this proposal, but there is no increase in number of services. No new affordable housing is proposed with this application. The design proposal is consistent with the Aspen Area Community Plan and the impact on public infrastructure will be minimal due to upgrades where applicable or required. Growth Management allotments for Essential Public Facilities are granted at the discretion of City Council, based on a recommendation from the Planning and Zoning Commission. Staff finds that the Growth Management criteria are met for an Essential Public Facility and recommends approval. Currently seven part and full-time employees 5 P6 REFERRAL AGENCY COMMENTS: • Parkins Department - No need for additional parking as long as the use of the Forest Service lot was preserved and all on-street and alley parking remained. • Ensineering_Department -Curb, gutter, and sidewalk are required along 7`h Street and Francis. Prior to Building permit submittal, the applicant shall submit plans showing curb, gutter, and sidewalk locations and also a plan for drainage conveyance. Where improvements aze planned in the right-of-way (ADA access ramp, pavement improvements), the applicant shall meet with the City Engineer and other applicable departments to receive the necessary approvalsand/or right-of-way agreements. • Pazks Department -Plans must meet the requirements of the City Parks Department and the City Forester. Where right-of--way improvements aze required (curb, gutter, sidewalk) the applicant shall provide plans that meet the regulations and requirements provisioned in the Tree Protection Code. • Water/Fire Marshall -During the permitting process, the water utilities servicing the Church shall be assessed to see if it capacity is adequate for water services and fire suppression. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code. Staff recommends approval of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Resolution No._, Series of 2010, approving with conditions, Conditional Use Review and all associated land use reviews as indicated in Staffs memorandum which provide for an increase in allowed floor area from 4,774 square feet to 7,299 square, and recommending that City Council approve with conditions, Growth Management Review for an Essential Public Facility." ATTACHMENTS: EXHIBIT A -Conditional Use Criteria EXHIBIT B -Special Review Criteria Exhibit C -Dimensional Variance Criteria Exhibit D -Site Plan Exhibit E - GMQS Criteria Exhibit F -Traffic Analysis Exhibit G -Application 6 P7 RESOLUTION NO. _, SERIES OF 2010 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS AN AMENDMENT TO THE CONDITIONAL USE TO INCREASE ALLOWABLE FLOOR AREA ONSITE, SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS, DIMENSIONAL VARIANCES, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 726 W. WEST FRANCIS, LOTS K, L, AND M, BLOCK 15, CITY AND TOWNSITE OF ASPEN, CO, PITHIN COUNTY, COLORADO PARCEL N0.2735-12-408-801. WHEREAS, the Community Development Department received an application from Crossroads Church of Aspen, requesting approval of an increase in allowed floor area from 4,774 square feet to 7,299 squaze feet through the Conditional Use process, to establish new off street parking requirements through Special Review, Dimensional Variances, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS, the Applicant, Crossroads Church of Aspen qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Crossroads Church of Aspen, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS, the subject property is zoned R-6 Medium Residential; and, WHEREAS, the proposed land use requests do not intend to increase Church programs, employment, or membership; and, WHEREAS, a publicly noticed site visit was held on Februazy 4, 2010, and; WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the proposed land use requests; and, ~ WHEREAS, during a duly noticed public hearing on February 16, 2010, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department and approved Resolution No._ Series of 2010, by a (-) vote, an increase in floor azea from 4,774 square feet to 7,299 squaze feet through the Conditional Use process, established off-street parking requirements through Special Review, approved certain Dimensional Variances, and a recommendation to City Council for the approval of Growth Management Review for an Essential Public Facility located on the property at 726 W. Francis, Lots K, L, and M, Block 15, City and Townsite of Aspen, CO; and, P& Z Resolution #_, Series of 2010 Page 1 of 5 P8 WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standazds and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Conditional Use Approval and Associated Reviews Pwsuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves, with conditions, Conditional Use and associated reviews which grant the following: • An increase in allowable floor azea from 4,744 to 7,299 squaze feet; and, • Special Review for Parking and the approval of fow (4) off-street spots; and, • Dimensional Variance for Combined Side Yard and Minimum Side Yard setback; and, • Recommendation of approval for Growth Management For an Essential Public Facility Approvals are for the property located at Lots K, L, and M, Block 15, City and Townsite of Aspen, CO. The approved dimensional standards are indicated in the chart below under the heading, "Approved Development": Table 1: The following dimensional variances are approved solely for the site speciTc redevelopment. Existing Development Anuroved De!'.eloi`tment West side yazd setback (feet) 5.5 5.5 Combined Side Yard (feet) 16.2 16.2 Site coverage 52% 51% Section 2: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. P& Z Resolution #_, Series of 2010 Page 2 of 5 P9 Section 3: Engineerine/Drainase a. Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standazds published by the engineering department. b. The applicant shall submit plans showing drainage conveyance, sidewalk, curb, and gutter which meet the City Engineer's standards and ADA requirements prior to issuance of a Building Permit. Such improvements shall also be made prior to a Certificate of Occupancy. The applicant must receive approval from the City Engineer (and any other applicable departments) for structural improvements in the public right-of--way, including the ADA access ramp along 7`h Street and the pavement work being completed along the Francis Street entrance. Section 4: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 5• Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which aze on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On-site utility plans require approval by ACSD. c. Landscaping plans will require approval by ACSD where soft and hazd landscaping may impact public ROW or easements to be dedicated to the district. d. All ACSD fees must be paid prior to the issuance of a building permit. e. The glycol heating and snow melt system must be designed to prohibit the discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. f Soil Nails are not allowed in the public ROW above ASCD main sewer lines. Section 6: Exterior Li¢htine All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 7• Parks Department/LandscapinH a. Excavations adjacent to the drip zones will be required to vertical excavation only. Over digging is prohibited. Excavations will be soil stabilized in a manner that prevents over excavation of the site.. All foundation walls located in protection zones shall have a one (1) sided pour. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into the tree protection zones. P& Z Resolution #_, Series of 2010 Page 3 of 5 P10 b. Prior to the issuance of any demolition or building permits, a tree removal permit is required for drip line excavation and will need to be approved by the Parks Department. Mitigation for removals will be paid through cash-in-lieu or on site with street trees. c. A formal plan indicating the location of the tree protection will be required for the building permit set. d. Six (6") inches of mulch shall be placed and maintained within the zone of vegetation protection. e. Irrigation shall be provided to trees during the length of the project which is appropriate for proper tree health. The edge of root cuttings shall receive additional water and burlap coverings that should remain moist. f Access across or through the area of protection is prohibited at all times. Access along designated walkways is allowed. g. Roots two (2') inches or greater shall be professionally pruned with on-call tree service. Root trenching will be required around al] trees with excavation next to and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. h. Where right-of--way improvements are required adjacent to protection zones, plans shall be submitted prior to building permit submittal. These plans shall indicate the structural program and materials of the improvements. Sidewalk, curb, and gutter shall be implemented in a manner that does not threaten the health of the trees. Section S: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The capacity of the water utilities shall be assessed to determine if there is adequate volume for fire suppression. Section 9: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section I0: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. P& Z Resolution #_, Series of 2010 Page 4 of 5 P11 Section 11: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16~' day of February, 2010. APPROVED AS TO FORM: James R. True, Special Counsel ATTEST: 1 Jackie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Stan Gibbs, Chairman ATTACHMENTS: EXttieiT A -Architectural elevations EXHIBIT B -Site plan (showing setbacks and approved off-street parking locations) P& Z Resolution #_, Series of 2010 Page 5 of 5 P12 EXHIBIT A REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.425.040, Conditional Use Review a) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title. Staff Response: The Applicant's request for a conditional use to develop a maintenance building is consistent and compatible with the chazacter of the immediate vicinity of the pazcel proposed for development and surrounding land uses. The conditional use is also consistent with the purposes, goals, objectives and standazds of the Aspen Area Community Plan, specifically: Maintain and create places and opportunities for social interaction and lifestyle diversity (AACP: Executive Summary). Ensure the provision of public facilities and services to sustain arts, culture and education in the community (Arts, Culture, and Education: Goal E). Staff finds this criterion met. b) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Response: The Applicant's request for a conditional use is consistent and compatible with the character of the zone district and neighborhood. The design has retained and added additional features that convey appropriate church design. The design does not attempt to mimic adjacent residential chazacter. Staff finds this criterion met. c) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Response: The location of the Church expansion is along 7~h Street, and does not face any immediate residential neighbors. The proposal also includes operational improvements with ADA access ramps to the Church entrances. Staff finds that the increase in gross square footage is appropriate for acivic/church use. P13 Staff Snds this criterion met. d) There are adequate public facilities and services to the serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Response: The proposed Church expansion will place increased needs on certain public facilities. The water supply and drainage systems will be assessed during the building permit phase to see what improvements, if necessary, aze required. Engineering has required curb and gutter and will coordinate with the Parks Department to assure that drip lines and root systems of the existing trees are not damaged. The Pazking Department has stated that the existing pazking is sufficient for the Church's needs. If any pazking is removed during the building phase, it will need to be replaced. Staff finds this criterion met. e) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Not applicable. There will not be any new employees generated from the Church expansion. The expansion is primarily providing offices for the seven existing full and part-time employees. P14 EXHIBIT B REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.515.040, Special Review Standards, Off-Street Parking: A Special Review for establishing, varying, or waiving off-street paking requirements may be approved, approved with conditions, or denied based on conformance with the following criteria: a) The parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts onto the on-street parking of the neighborhood, the proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Staff Response: The proposed project does not anticipate any increase in parking requirements, and Staff finds that the existing parking is appropriate for the specified use. The location of the Church is in close proximity to a RFTA bus stop, which many of the members currently use. There are four (4) spots in alley and approximately fifteen (15) on-street spots available along 7`h and Francis. Additionally, there is a standing verbal agreement with the Forest Service to use six (6) spots of their lot on Sundays. The Church also receives the majority of its traffic on Sunday mornings, when there is little conflict for off-street parking. Staff finds this criterion met. b) An on-site parking solution meeting the requirement is practically difficult or results in an undesirable development scenario. Staff Response: The Church property is currently built out to a level that hinders on-site paking solutions. The four (4) spots along the alley are already taking advantage of this option. Staff believes that the Church should continue the Forest Service agreement to use portions of the adjacent parking lot. Staff finds this criterion met. c) Existing or planned on-site or off-site parking facilities adequately serve the needs of the development, including the availability ofstreet parking. Staff Response: The existing on-site/off-site parking equates to approximately twenty-six - (26) spots. This amount of parking has been adequate for the Church's needs in previous yeazs. Being that the proposed expansion does not include more employees or Church services; Staff finds the existing parking acceptable. Several Church members plan to continue using the RFTA bus stop, and the Church plans on posting weddings and other special events on the website to notify the neighborhood when there may be a paking conflict. Staff finds this criterion met. P15 Exllls-T C REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.314.040, Dimensional Variance: /) The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title; Staff Response: The vaziance will support the development proposal that meets the goals of the Aspen Area Community Plan, as demonstrated in the other review criteria of this application. Staff finds this criterion met. 2) The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and, Staff Response: The requested variances requested aze the minimum necessary to utilize the pazcel and improve the internal programming of the Church. The vaziances requested aze in response to the stairwell gable on the west elevation. This is the only portion of the expansion requiring variances. The faFade has been pulled back in all other portions of the expansion to meet the zone district dimensional requirements. Staff Tnds this criterion met. 3) Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district.. Staff Response: The Church places a unique restriction on the parcel, as does the Conditional Use. Staff finds that the variance request is responsible to the neighborhood and commends the applicant for a design that emphasizes common Church chazacteristics and minimizes the needs for variances. Granting the dimensional variances would not confer upon the applicant any special privilege denied by the AACP or the terms of Title 26. Staff finds this criterion met. w J J a r w J N Y I z YU ~ rt m ~ a ~~ ~ O O J ,OT LL > o W J ~- a ~ ll II ~ ~~ 1 ~ \ : 1 ~ --- ~ a ~ a~ J Q Q 133a1S H1N3A3S ~K W ~ 0 a N Y FQ zm zN H w w H U Z w P16 EXHIBIT E REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.470.090, Growth Management Review for Essential Public Facilities a) The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. Staff Response: The proposed project involves an addition to the existing Church structure. Currently, the employees of the Church share offices and the limited classroom space. The addition will do multiple things to improve the internal operations of the Church; entrances will include ADA compliant access ramps, ADA compliant restrooms will be added to the entry level, sanctuary space will be improved with additional seating and a general reconfiguration, and a larger reception aiea will be created of the lei Street entrance. All of these improvements improve the Church's ability to operate as a facility which serves an essential public purpose that is available for use or benefit of the general public and serves the needs of the community. The Community Development Director has determined that the primary use is an essential public facility based on the definition found in Land Use Code Section 26.104.100, Definitions; Essential Public Facility: a facility which serves an essential public purpose is available for use by or benefit of, the general public and serves the needs of the community. Staff finds this criterion met. 6) Upon a recommendation from the Community Development Director, the Ciry Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Response: The proposed project does not create any additional employees; therefore it is appropriate that no affordable housing mitigation be required. Staff finds this criterion met. P17 ~,c~-t t a t r ~ FELSBURG ~i HOLT & ULLEVIG engineering paths to transportation solutions February 8, 2010 Mr. John Galambos Galambos Architects, Inc. 314 AABC, Suite D Aspen CO 81611 RE: Crossroads Church of Aspen Traffic Assessment FHU Reference # 10-012 Dear Mr. Galambos: Felsburg Holt & Ullevig (FHU) has prepared this letter to summarize the traffic impacts associated with the proposed remodel and expansion of the Crossroads Church of Aspen on the northeast corner of the North 7'" Street/Francis Street intersection in the West End neighborhood. This letter focuses on trip generation, traffic, parking and multimodal impacts associated with the additional attendees that would result from the expansion. Project Description The Crossroads Church is located on the northeast corner of the North 7"' StreeUFrancis Street intersection in Aspen's West End neighborhood (Figure 1). The Church is planning to remodel the building and expand it by 3,145 SF to provide approximately 80 additional seats in the sanctuary. As it does today, the church would continue to host small day and evening classes during the week and hold three services on Sunday morning and one on Sunday evening. Because of space constraints, a very limited number of parking spaces are provided on the site- roughly 4-5 spaces are available off the alley on the north side of the building-a condition that would not change with the expansion. Approximately 10 angled parking spaces are located along the Church frontage on 7'" Street and an additional 6 angled spaces are located along the church frontage on Francis, the latter of which are reserved for handicapped use during services. Additional on-street parking spaces are provided in the form of parallel parking on both sides of the street on all str is surrounding the site, all of which are subject to Zone D parking restrictions (i.e., 2 hour parkin only for non-permit holders, 8 am - 6 pm, Monday through Friday) of which there are none on undays during services. The Church has an agreement with the Forest Service to use their 1 space lot on the west side of Francis, where all of the spaces are generally available for Sunda morning services. After the angled parking and Forest Service lot spaces fill up, church attendee$ currently park along the streets in the neighborhood, where spaces are also generally unused ahd available during Sunday morning services. No changes to these current parking practices are proposed or anticipated with the church expansion. 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832 wu~w.fliueng.com info@fliueng.com P18 February 8, 2010 Mr. John Galambos Page 2 Existing Conditions Traffic and parking observations were conducted at the site on Sunday morning, January 31, 2010, which coincided with the last day of the X Games at Buttermilk Mountain, so traffic flow between downtown and Buttermilk on SH 82 was higher than what would be typically expected on a Sunday morning. Additional parking observations were conducted on Sunday morning, January 17t", 2010 and mirrored what was observed on the 31 ~t. On both observation days, parking demand peaked for the second Sunday morning service (which starts at 9:30 am). During that peak, both sides of 7th Street between Hallam and Smuggler were generally fully occupied with church patrons, as were both sides of Francis between 6th and 7t" Street. 6'" Street between Hallam and Smuggler was around half occupied, with about half of those vehicles church patrons, but church patron parking did not extend beyond those blocks. A total of 69 vehicles were parked on the streets for the 9:30 service, with an additional 10 in the Forest Service lot (79 total vehicles). The number of church attendees in each parked vehicle was also collected during the January 31 st observations, and indicated an average vehicle occupancy of approximately 1.87 people per vehicle. Church staff estimated an attendance of 160 people for the 9:30 service. Based on the parked vehicle and average vehicle occupancy observations, it would appear that around 148 of those arrived via vehicle, with the rest arriving via foot or transit. Only one group of four people was observed walking to the bus stop at 8th and Hallam during the observation period, so it is assumed that the remaining patrons walked to church. It should be noted that it was sunny and around 20 degrees during the observation period, with packed snow covering the roads and sidewalks in the West End neighborhood. Such conditions can be a detriment to walking and more or less preclude bicycling, so it might be expected that the number of people electing to walk or bicycle to church would be somewhat higher outside of the winter season, when the roads and sidewalks are snow-free. Considering this, Table 1 shows the current winter mode splits (observed) and the estimated summer mode splits (with better walking conditions) for the church. Table 1. Crossroads Church Mode Splits <Mode. }- _ ~ r - : Winter ' Summer Vehicle 1.87 eo le er vehicle 92.5% 87.5% Walk 5% 10% Transit 2.5% 2.5% Projected Vehicle Trips Generated by the Crossroads Church Expansion The number of weekday vehicle-trips generated by the church expansion was forecast based on equations and procedures documented in Trip Generation, Institute of Transportation Engineers, Eighth Edition, 2008. Table 1 shows the weekday and Sunday trip generation forecasts for the complex. Based on the trip generation estimates, the church expansion is anticipated to generate approximately 30 additional vehicle-trips per day during the week and 115 additional trips per day on Sundays. It would add virtually no new traffic to the road during the morning and evening peak hours during the week, and add 37 new trips to the road system during the church's peak hour on Sunday morning. P19 February 8, 2010 Mr. John Galambos Page 3 Table 2. Crossroads Church Trip Generation .. c.... ' . ,Daily ,AM P eak,of.Ganerator ;,<,. PM:Peak .. Land Use $ize,;.. Trips In' Out. '"::.Total '.In Out`-`Total Church - Weekda 3,145 SF 30 2 1 3 1 1 2 Church -Sunda 3,145 SF 115 19 18 37 0 0 0 Figure 2 shows the additional Sunday traffic generated by the church expansion distributed to the surrounding road system. Level of Service Analysis Level of Service (LOS) is a qualitative measure of traffic operational conditions, based on roadway capacity and vehicle delay. LOS is described by a letter designation ranging from A to F, with LOS A representing almost free-flow travel, while LOS F represents congested conditions. For unsignalized intersections, LOS is calculated for movements which must yield right-of-way to other traffic movements. Traffic operations are typically evaluated according to techniques documented in the Highway Capacity Manual (Transportation Research Board, 2000), but such techniques are not capable of analyzing the unique traffic control at the 7'" StreeUHallam Street intersection (stop signs on the west and north approaches). Therefore, the intersection was evaluated using the SimTraffic traffic simulation software, which uses vehicle and driver operating parameters to project operations over a specified period of time. For this analysis, the one hour peak time period on Sunday morning was simulated, and both vehicle delay and queuing results have been presented. Existing Conditions Sunday morning traffic counts collected on January 31, 2010 were used as the basis for the traffic analysis. Figure 3 shows the existing Sunday morning peak hour traffic volumes and levels of service at the 7'" StreeUHallam intersection near the site. As the figure indicates, while traffic flow into and out of town on SH 82 was high due to the X Games at Buttermilk that morning, traffic volumes are generally low on 7`h Street near the church. The eastbound left turn movement from SH 82 onto 7"' Street toward the church operates at LOS E during that period, but it is not uncommon, for movements from driveways and side streets along higher volume roadways to experience poor levels of service. As noted in Chapter 17 (Unsignalized Intersections) of the Hiahwav Caoacitv Manual (20001: In evaluating the overall performance of two-way stop control intersections, it is important to consider measures of effectiveness in addition to delay, such as average queue lengths and 95"' percentile queue lengths. By focusing on a single measure of effectiveness for the worst movement only, such as delay for the minor street left tum, users may make less effective traffic control decisions. The average queue length for the eastbound left turn movement was 50 feet (two vehicles) and the 95'" percentile queue length was 110 feet (five vehicles), which appear reasonable given the higher-than-typical volume conditions created by the X Games. Given this, and since all other movements at the intersection operate at LOS C or better, no improvements would appear to be necessary at that intersection. P20 February 8, 2010 Mr. John Galambos Page 4 Conditions with Project Figure 4 shows the projected traffic volumes and level of service at 7'" and Hallam with the additional traffic from the church expansion. As the figures indicates, all levels of service are the same with the project as without. Furthermore, the projected average queue and 95`" percentile queue are generally the same with the project as without, so the expansion has very little to no impact on the capacity of the road system. Arrival Mode Analysis The vehicle occupancy and mode split information documented previously was used in conjunction with the 80 additional seats included in the proposed expansion to forecast the increase in the. number of pedestrians, transit riders and vehicles that would park in the neighborhood during the busiest Sunday morning service. Table 3 shows the projected additional vehicles, pedestrians and transit riders for winter and summer conditions. As indicated, the expansion would generate 37 to 40 additional parked vehicles, four to eight additional pedestrian arrivals, and iwo additional transit riders for the peak service. Table 7. Projected Additional Attendees Due to Church Expansion, by Mode Mode Winter Summer Parked Vehicles 40 37 Pedestrians/Bic clists 4 8 Transit Riders 2 2 Figure 5 shows how the additional parked vehicles would impact on-street parking in the neighborhood. As indicated, with the expansion, it is anticipated that, in addition to the blocks that are currently fully occupied by church attendees, parking spaces would be fully occupied on 6~" Street between Hallam and Smuggler, as well as on Francis Street between 6~" and 5'". Some additional church patrons may also park along Smuggler between 6`" and 7"', but it is anticipated that church traffic would only occupy around half the spaces on those blocks. It should also be noted that most West End residents have off-street parking in garages, so very few residential vehicles park on the street on those blocks, especially on Sunday mornings when the Church generates it's peak parking demand. Quality of Service Discussion Based on conversations with staff, in addition to the traffic and parking assessment above, the City would like an assessment of the quality of service for pedestrians, bicyclists and transit service. Pedestrians As with most of the streets in the West End neighborhood, both 7~' Street and Francis Street have sidewalks on both sides of the street, including along both of the Church's property frontages. The sidewalks appear to be 5-6 feet wide and are separated from the street by a 5-6 foot tree lawn (snow made it difficult to determine the precise width). All West End streets exhibit very low traffic volumes that are typical of a grid system of local roads in a residential neighborhood, and on-street parallel parking further separates pedestrians from traffic. In general, this creates a safe and comfortable environment for pedestrians, although it should be noted that some sections of unshoveled sidewalks and snow mounds created by street plowing force pedestrians into the street P21 February 8, 2010 Mr. John Galambos Page 5 during the winter months. In light of this, the church should maintain a clear sidewalk along both street frontages to facilitate pedestrian movement on the property. Striped pedestrian crosswalks are located on the north and east sides of the 7`" Street/Hallam Street intersection. Since those are the two low-volume approach legs of that intersection, pedestrians have adequate gaps to cross and experience minimal delay. The north leg crossing provides a connection between the Church and the RFTA transit stop at 8th and Hallam. Bicyclists No dedicated bike lanes or paths are provided within the West End neighborhood, including along 7~' Street and Francis Street in front of the property. Bicyclists are anticipated to share the road with vehicle traffic, which would appear to be a safe option given the low speeds and low traffic volumes on the grid system of local roads in the neighborhood. Said grid system provides adequate connections to all downtown locations, and roads are generally 36 feet wide to provide ample room for parking, bicycles and traffic. Zero trucks or busses were observed on any of the local roads in the vicinity of the site during the Sunday morning observations, so conflicts with larger vehicles are expected to be minimal. All roads in the neighborhood are paved, but the winter conditions made it difficult to determine the condition of the pavement. Based on the above, in general, the area around the Church creates a good environment for bicyclists. To encourage bicycling to church services during the non-winter months, the Church should consider installing bike racks near the entrance to the building on Francis. Transit Services The nearest transit stop is located at 8"' and Hallam, two blocks from the Church. Six RFTA routes travel use that stop, providing service connections throughout town and down valley toward Snowmass, etc. at headways that range from 7 to 30 minutes. Most routes begin operations on Sunday morning between 6 and 7 AM and operate late into the evening, and therefore would be available for church attendees at all four services. During the Sunday morning observations the outbound busses toward Buttermilk were generally more than half full, likely with X Games attendees, while inbound busses were around a quarter full, so adequate capacity was available in both directions. The crosswalk along the north side of the 7'" Street/Hallam Street intersection provides a safe pedestrian crossing between the church and the bus stop. The Cross Town Shuttle also passes by Francis on 5`" Street, two blocks east of the site, and therefore would also present a transit option for church attendees. While the hours of operation for that route have been reduced due to budget cuts, it still operates daily from 8 AM to 9 PM and therefore would be in operation for all four Sunday services. As noted previously, observations indicated that very few church attendees arrived and departed via the transit system, and it seems unlikely that that mode share would increase during non-winter months, but based on the above, it appears that RFTA provides very good transit service levels during the four Sunday services should church attendees elect to use it. Conclusions and Recommendations Based upon the above analysis, the Aspen Community Church expansion would generate approximately 115 more trips each Sunday than what the current church generates; that traffic volumes on the surrounding road system are low; and that the increase in traffic that results from the Center would have little to no impact on traffic operations at the 7'~' and Hallam intersection. P22 February 8, 2010 Mr. John Galambos Page 6 Both the pedestrian facilities and the bicycling environment in the West End neighborhood around the site are good and would not discourage church attendees from walking or bicycling to church if they so choose. Providing bike racks near the church entrance on Francis and keeping the sidewalks free of snow in front of the building along both the 7th Street and Francis Street may help further encourage attendees to walk or ride to services. The bus stop on SH 82 at 8th Street is only two blocks west of the church and services six RFTA routes, and the Cross Town Shuttle passes by Francis Street at 5th Avenue two blocks east of the church, so transit access and availability is also very good for those who elect to use that mode to access church services. Nevertheless, the vast majority of church attendees currently elect to drive to church because an abundance of free on-street parking is available on the blocks around the church, and it is anticipated that around 90 percent of the additional church attendees due to the expansion would also drive to the site. These additional attendees would represent around 40 additional parked vehicles during the busiest Sunday morning service, but enough on-street parking is available within two blocks of the church to accommodate the additional parking demand. Since free and available parking is perhaps the greatest obstacle to overcome when encouraging people to shift modes, and removing parking opportunities from the neighborhood streets around the church is more likely to discourage people from attending rather than shift modes (unlike work trips, church attendance is an elective trip), it is unlikely that any TDM program implemented by the church would create any dramatic shift to alternate modes, so none is recommended. In summation, it would appear the existing pedestrian, bicycle and transit facilities are adequate and convenient for those who elect to use them, but that most of the additional church attendees would elect to drive because of the availability of nearby free parking. However, the additional 40 vehicles created by the expansion would have minimal the traffic and parking impacts on the surrounding area, so no further actions beyond those already identified above are recommended for the site. trust this information will be of assistance to you as you continue the approval process for the Church expansion. If you have any questions regarding the above information, or need any additional information, please give me a call at (303) 721-1440. Sincerely, FELSBURG HGLT & ULLEVIG ~~ M ~~~, ~ c, Jeffrey M. Ream Senior Transportation Engineer P23 P24 LEGEND XXX = AM Sunday Traffic Volumes XX = Daily Traffic Volumes XX% ~~ = Site Trip Distribution Figure 2 Sunday Morning Trip Distribution and Assignment ~• «artLrt-w..>~} P25 QUEUE LENGTHS 50' 110' EB Left Turn: (2 veh.) (5 veh.) 40' 80' SB Through/Right: (2 veh.) (3 veh.) LEGEND XXX = AM Sunday Traffic Volumes los x AM Sunday Unsignalized Intersection Level of Service ~- = Stop Sign Figure 3 ® Existing Sunday Morning Traffic Conditions Average 95th Percentile P26 QUEUE LENGTHS Average 95th Percentile 50' ~ 10' EB Left Turn: (2 veh.) (5 veh.) 50' 90' SB Through/Right: (2 veh.) (4 veh.) LEGEND XXX = AM Sunday Traffic Volumes los x = AM Sunday Unsignalized Intersection Level of Service ~ = Stop Sign Figure 4 Sunday Morning Traffic Conditions with Church Expansion P27 Forest SerV c Lot -r Sunday Morning Parking Conditions Forest Service Employee Lot G n ,LEGEND ~ _ >85% Occupied (Full) = 50%-85% Occupied ~~ ~ _ <50% Occupied Forest Service Lot -~. Sunday Morning Parking Conditions with Church Expansion Figure 5 Parking Conditions Before and After Church Expansion P28 SimTraffic Performance Report Baseline 2!112010 3: Hallam Street & 7th Street Performance by movement J:1100121SynchrolSunday Existing.syn SimTraffic Report Page 1 Total Network Performance Total Delay (hr) 6,1 Delay 1 Veh (s) 13.6 P29 Queuing and Blocking Report Baseline 21112010 Intersection: 3: Hallam Street & 7th Street Directions Served ___ L R LT TR 159 125 52 100 50 8 5 43 J:1100121SynchrolSunday Existing.syn SimTraffic Report Page 2 Network Summary Network wide Queuing Penalty: 14 P30 SimTraffic Performance Report Baseline 2!112010 Total Delay (hr) Delay ! Veh (s) Total Network Performance J:1100121SynchrolSunday Project.syn SimTraffic Report Page 1 3: Hallam Street & 7th Street Performance by movement P31 Queuing and Blocking Report Baseline 2/1!2010 Intersection: 3: Hallam Street & 7th Street Directions Served _ L R LT TR 159 125 52 100 50 8 4 49 J:1100121SynchrolSunday Project.syn SimTraffic Report Page 2 Network Summary Network wide Queuing Penalty: 14 ~L ~^ R^ x ~~ W ~ W = ~ ~ Z T' W p ~l.l Z t° W N J J CY1 S K ~ O W z ~ z F., w ~ ~ _ rii ~, m W a a U J ~ w a~ O~ V ~ M W Z F- ~ ~ N ~ w _ ~ U ~ a w ' -0,. ~ ~ ~ O W z W ~ w ~ W ;_,~."~ N >~ ~~. ~ • W~ x ern z =w H~ Om ~ z .~ -' r ,~ ~ , ~w,~ ,~, r a ,~ 0 ri ~' O Q _~ L~ w o N 'l a~ o w °~ ~~ U ~ ~~ .,~ ~ r `. e~ } -; p r. ; ~' .' ~~` *~~,~, ... i • ~Ii ~-~ i ~ ~ ~ ~ ,,. • ~~;. s ~ w ~ ~ _r ~~ ~ _ ~. ~ ~ '~ -{ . ,. ~. ~ • I ~ ~ ! ~: ,~ ~ ~. ~,~I_:~, ~• ~~ (~~ ~ ~ ~~ ~! ~• ~1 ~ •~ • .~ r ~ ~ f, ~ ~ ~ ~/ •+ ~ ~ 1 ' - .~~ r:;~!' . w • x W ~ ~ F W ~ z W ~~ 0 Z f° W a J H d ~ O W z ~ z E.. w ~ ~ _ ~i ~' m -1 w l7 v, W Z z ~w 3 ~ m l0 W ~ N~ z =w ~~ O zm !Q G 0 w Q 0 J ~~ ~ ~ ~ ~ 1 d ~ ~r ~~ ~~ ~ ~ f ^ ~ ~/ O p * • ~ ~ ~ ti O w ~ ~ ° ° p ~ ~ ~ ~ ~ ~ w w ~ a d U V U~ ( noi. p u u u 0 0 0 0 ~~ ~~ o 0 0 0 ~ O o 0 o O o o O O Lf1 O o ~ * O Ln O o .~ ~ u~ v~ .~ r~ ~ v~ i ~ ~ N ~ ~ ~ i i i N 0 0 0 0 ~ ~ ~ 0 0 0 0 0 t0 .-1 ~D o lD .-•i ip 0 W Z N ~; N 0 rn Z O a a ,-+ m ~ O ~ ~ ~ a ~ o Qw o w U ~f-o w ~ o a _ ~ rv v~ i ~ ,o a z .-i V~~- Vl N m 'p w > ~ ~ Z ~ w tD L N f" ~A ~ w (/~ u O V z_ m Q ~. 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'•i ,~ ~ ~ ~ M ., r ~ ~ y Irv #~ ws t': ,~' w ~ ~~ ""~ ~ ~ ~~ ~~ x s '-~~ r ~ ,tea,,, ~ ' '~ ~ ;'~'~ ~ a 0 M ~_ ~ a OW ~ o ~~ ~ = a a w _ .a O U U U ;, ~ o 0 0 0 *.j O Lfl O o ~~ ~ G .--~ n Vl L(1 i i i N 0 0 0 ' f~ t!1 N O r~ 0 z a a F~ _ W U ~ ~ Q W w W W ~ W to J mm g Q W o~ W W W xm UZ ~ w ~"' w a~ ~m ~~~ ~ ~~ I/ ~` C ''~ • ~M ~w •r •• w~=/~~~ -_'~ a/ :' _ _ z W c~ W ~ ~ Y (n W W J U °° ~, z M j'zCW Q W t~ m d! ~ U W «N. ~a Ww w W F W W J mm a Ca G 0 M a U O J f a o ° o 0 0 a ~ p a a C U U U ~ N O u u u ,-i o O O U ~ O ~ O o o ~ I~ Ln In ~ ~ ~ N a .,, Q o 0 0 ~ L!1 N O W H w z N N 0 w z O 2 a ~o .~ G o a o a~ J w ~ ~w U ~ O Z W ~ O ~ LUtp Q ~ z .--I /~ L i N V~-~- YJ ~ ~ '~ W fQ~z ~ w L N Z N ^ w (Q U ~ ~ L ~ V z O a Q Z W a w M U z U w H S V 0 m E Q C7 ~~ ~-t t t3 l T ~' P 3 5 November 18, 2009 City of Aspen Community Development Department Written Description of Proposed Development Crossroads Church of Aspen seeks to better utilize our church facility to accommodate our existing staff, programs and services. Originally built in 1964 as First Baptist Church, the church has undergone several minor renovations over the years, the most recent being in 2003-04 where the offices were renovated and a new circulation/overflow space was added. In 1977 the Church received a conditional use approval to expand the existing sanctuary that was never acted upon. The sanctuary space has essentially remained unchanged from the beginning. Crossroads Church desires to remodel and expand the existing church by altering the following azeas: 1. Create a more intimate worship experience in the sanctuary by moving the stage to the center of the space, changing the seating orientation, expanding the seating capacity of the sanctuary by opening up the wall and gaining the space that was previously circulation and overflow, and creating better exiting and flow. 2. Create a more functional entry during weekdays and more open gathering and overflow space (Connecting Point) on Sundays by renovating the existing office space, removing the existing deck on the corner of 7~' and Francis and adding a new lobby. 3. Cunently there aze three bathrooms available for public use on Sundays, none are Accessible. The renovation would add two Handicap Accessible bathrooms on the main level, two new bathrooms and a renovated bathroom on the lower level and a new bathroom on the upper level. 4. Enhance our kid's programs by creating better classroom spaces, adding a classroom and re-working the circulation on the lower level. 5. Creating office space by adding a second story addition along 7u' street. This will accommodate our current staff and adult classroom needs. Currently there aze seven full and part time staff and only four offices and one open work azea. In the proposed plan we would be creating seven offices with one having an adult classroom as a shazed use. The church is considered an Arts, Cultural, and Civic Use under the land use code and is permitted as a Conditional Use in the R-6 Zone district. It is also an Essential Public Facility under Growth Management Quota system. P36 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. a The applicant feels that the granting of this variance is the minimum that is required to make reasonable use of the building. The 1977 approval anticipated a much larger sanctuary with enough volume for balcony seating. What we have found is that the sanctuary is really just one weekly aspect of the facility's needs. As stated above there aze many other functions and programs related to meeting our Community's needs that aze currently unmet or under-met in our facility. We aze asking that a variance be granted because this would allow us reasonable use of our building. b. The existing building is already anon-conforming structure along 7`s street, being only 5.5 feet from the property line. In the design of new addition on the main level and the second story, we have chosen to set it back to be 10 feet from the property line for every azea except the stairs gable. This is the minimum we need in order to accomplish our program goals. If we were to conform to a 19.3 setback for all new work, we would not be able to meet our needs within that design constraint. c. In the design of the second story, we purposefully designed the spaces to appear as if they aze in dormers in an overall gabled roof form. This is to minimize the bulk of the form. d. Although the Front Yazd setback is 10 feet along Frances, the existing trees give us an additional constraint. Planted in 1966, these trees essentially create a 25 foot front yazd setback. e. The adjacent pazcel along 7a' street is the Forest Service pazking lot. The impact to the affected neighbor will be minimal. 3. Literal interpretation and enforcement of the terms and provisions of the Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical dij~culty. There are special conditions and circumstances which are unique to this parcel, building or structure which are unique to this parcel, structures or buildings in the same zone district. a. Although the Front Yard setback is 10 feet along Frances, the existing trees give us an additional constraint. Planted in 1966, these trees essentially create a 25 foot front yazd setback. This is unique to our pazcel and creates a hazdship and practical difficulty. b. The adjacent pazcel along 7a' street is the Forest Service pazking lot. The impact to the affected neighbor will be minimal. This is unique to our pazcel. 3 P37 probably change based on our addition of bathrooms and the necessity of installing a fire sprinkler system. 5. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. a. We aze not increasing the number of employees based on this application Currently there aze not enough offices for the current employees. So the additional space for the offices is just supplying space for our current condition. Essential Public Facilities 26.470.090.4 Per the Pre-application Conference Summary staffs considers the use of the property as and Essential Public Facility under the Growth Management Quota System. The Growth Management review is required to expand the building. We aze requesting the designation of being an Essential Public Facility based on the code's defmition as "being a facility which serves an essential public purpose, is for use by, or benefit of, the general public and serves the needs of the community". And thus exempt from the Growth Management review. We also request the waiving of any affordable housing mitigation requirements. 26.515 and 26.430 Off street pazking and special review. The applicant is requesting waiving the off-street pazking requirements based on the following criteria: 1. The parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traff c generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts onto the on-street parking of the neighborhood, the proximity to mass transit routs and the downtown area, and any special services, such as vans, provided for residents, guests and employees. a. The RFTA stop is two blocks away and some of our members use this transportation. b. We have a verbal understanding with the Forest Service to shaze up 6 spaces in their parking on Sunday mornings. There aze no other opportunities for shazed parking nearby. c. The schedule of pazking demands is typically on Sundays where there is little conflict with other pazking demands. 2. An on-site parking solution meeting the requirement is practically difficult or results in an undesirable development scenario. a. There is no way to practically meet any off-street pazking requirements for this pazcel. The nature of our use is to have heavy uses on Sundays and special events. 3. Exiting or planned on-site or off-site parking facilities adequately serve the needs of the development, including the availability of street parking. P38 G.~...-,s C~.•~ V~a~uTy ~~ 0 d~ a ~ z o ~~ N "J} i ~~ 4 ~ "~ .~~ ^ m V ~ W ~ r _ w z y`~, V ~_ ~. ~. ^S Q ?~ y N rl N V' O h U W Z a .~ .+ O 1 U Z Y. W 3 OTC W J H W Q ~ ~ a o N J Q W ~ ~ w V H O w ~ ~ O a ~ .N. 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V' M V z_ V w H U d O m f J C1 D 3 m O A n x 1 rn z n w r A C .-~ -i rn Q D m z a F V O A W c z ~ m ~ ~ ~ Q n y m ~ N ~ m O~ Q pZ~~ m ~~H -;fin z ~-•z~ m t~ ~ M w D ~ ~ •) ~ o ~ S ?°oA0 r1 m '* ~ ~D ~ ~ o ~ O 7 W .~ rn ~. r v z 0 z rn v 0 :t~ N r N W Ot C~ G rDr J~ 3 w O to z n =i m n -i N 2 m -i 1 a 1 U n C C r v v_ x rt rt 0 0 m v z 0 3 n 0 z z m A O m m m z 2 D Z O T z n m a H w z m N ti N O h O~ W Z 2 a H w w a x a z w w O a O a Q_ F Z U O w O a O a .., ~ °n a ~ QW o y„ w ~~o w =moo a ~ N In LUip ~z-~ v (~ ~- a H ~ > 'p w f0~z~ w L N ~"' H ~ W tll v O ~ L ~ U z m 0 a H a z w a d O W t- .a M v z_ w F M_ V Q O cm G 3 D 3 w O a a x ,-» 1 m n z w a C m 4 D N v m z D .» v O w C N m A ~ Z ~^ O m ~ ~ N ~! m o+ Q A z d m ~~H -~~n z ~Zc ~~~ ~n m oN~i ? ~°op0 [~ m ~h ~ ~D o ~- a ~ °0 7 co I m 0 z m 4 O A N ~D N W z z O 0 C 2 m A 1 w O Z •\ O I 1 O f0 a h~ ih W z vi N v w .., z u O m f g a N H N d' O h W 2 O S a .a .r C ~ a y o QW o ~ W U ~ O W ~o a s~,N~ ~ ,~ ~Z-• t v Una N~> '~ w IC ~ z ~ L N ~"' (A ~ w V1 u O ~ L (A U z m 0 a K Z w a 0 w F- v M Z 0 H U W F W 3 a W V Z_ H V W N 2 U O m f QJ a Za. o, MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Chris Bendon, Community Development Director Jennifer Phelan, Deputy Director Drew Alexander, Interim Zoning Officer RE: Land Use Code Amendments -Resolution No. _, Series 2010 -Public Hearin¢ Definition of Artist Studio, 26.104.100 Signage, 26.510 Miscellaneous Regulations, 26.575 MEETING DATE: February 16, 2010 SUMMARY: The City of Aspen Community Development Department has initiated amendments to the Aspen Land Use Code for the Signs, Miscellaneous Regulations, S/C/I Zone District, and the definition of Artist Studio.... Staff would like to move forward on Sign Code, S/C/I Zone District, and the Def nition of Artist Studio. If time provides, Staff would also like feedback on the changes to the Miscellaneous Regulations revisions. Miscellaneous Regulations includes the calculation of F.A.R and its exemptions, so there is a great deal to discuss. DEFINITION OF ARTIST STUDIO: Staff conducted a comprehensive review of code changes to the S/C/I Zone District in 2008, and pazt of that effort resulted in removing a previously permitted use that had allowed a "reheazsal or teaching studio for the creative, performing or martial arts ... " At that time, the P&Z and City Council agreed that martial arts had never really fit with the concept of S/C/I, and the allowance for educational uses related to the creative and performing arts could be interpreted too broadly. Generally speaking, staff was asking the P&Z and Council to constrict uses that could be broadly interpreted in a way that departed from the original purpose of the S/C/I district. At the same time, staff suggested an updated definition for "Artist Studio" that limited that use to the kind of art that would fall into the "light industrial" category, such as ceramics or sculpture. During the 2008 review, staff did not anticipate or discuss the fact that removing the "teaching studio" capability would also remove potential educational uses related to an artist's studio. Staff is comfortable allowing educational uses in an artist's studio, particular because the definition of artist's studio has been narrowed to the kind of art that fits in a zone district intended for light industrial uses. P2 Staff recommends the Commission recommend adoption of the proposed code amendments. SIGNAGE: The Sign Code is one of the more frequently referenced chapters of the Land Use Code, especially for zoning enforcement. The Sign Code provides the language for the types of signs that aze permitted and prohibited within the City of Aspen. Additionally, the Sign Code includes the necessary provisions for zoning enforcement such as sign size, allotment, and appropriate signs for the different use types within the City. MAIN ISSUES: In recent yeazs, Community Development has experienced several difficulties with the Sign Code. These difficulties are both with interpreting the Code and trying to establish a logical, uncomplicated, and responsible enforcement process. The Chapter contains a great deal of redundancy while also having a lack of consistency and clazity. Staff believes that the following items aze the key reasons for the problematic sign code: • Aggregate Signage Allotment • Signs on Public Property Section • Signs by Use Regulations • Permit Requirements • Sandwich Boazd Signs • Exceptional Sign Bonus The aggregate allotment system requires that tenants within the same building shaze a certain amount of Signage. This amount is determined upon the length of the building frontage. To determine what the available Signage is for a business, the applicant must measure all the signs on the facade, measure the building frontage, and calculate the allotted Signage remaining. More times than not, this process proves to be too difficult for the Signage applicant. Many signs installed on buildings aze located in hazd to reach places and the measurement calculations themselves aze not simple. As a result, Staff has to commit a great deal of time in the field explaining the requirements to applicant. Frequently, this frustration leads to signs being installed without a permit because the applicant does not want to handle the requirements of the permit. An additional problem with the aggregate allotment system is the possibility that an applicant will discover they have no Signage available and cannot install their proposed sign. If this realization is made, the applicant will almost certainly try to install the sign without permit. In the draft Sign Code, the aggregate allotment system has been replaced by a standazd sign allotment that all non-residential uses would receive. A simple revision that Staff has made to the draft Sign Code is to remove the language regazding Signs on Public Property. Staff hopes to create an individual chapter for this language. The Signs on Public Property portion was neazly half of the current chapter P3 and seemed to be very out of place. With its own chapter, the base Sign Code will be much more intuitive and easy to read and understand. Staff has also recommending a revision that would simplify the sign regulations for different use types. In the current code, these sections are language heavy and difficult to follow. They also include Temporary Signs, which have now been completed at to Sign Not Requiring Permit. In Staff s draft, the sections for signs by use contain tables that provide a menu of sign choices that make understanding far more logical. Permit requirements have also been modified in the draft. Staff plans to restructure the current process that applicants must complete to obtain a sign permit. With the aggregate sign requirement removed, the information in the application will immediately be easier to obtain and present. Staff also plans to create new informative handouts that the applicant would receive before submittal that would reduce time.in the field by the zoning enforcement officer spent assisting applicants. The last major addition to the draft Sign Code is the Exceptional Sign Bonus. It has always been a challenge to create code language that can responsibly regulate good taste. The Exceptional Sign Bonus gives the applicant a strong incentive to invest in a sign that has artistic design, benefit to the pedestrian experience, and quality materials. Staff recommends the Commission recommend adoption of the proposed code amendments. MISCELLANEOUS REGULATIONS: Staff has just initiated amendments to the "calculations and measurements" section of the code. This section houses the methods for calculating FAR, height, lot azea, setbacks, net leasable space, etc. There any number of "fix-its" that staff is pursuing as well as items that are more substantive in nature. Before proceeding too faz, staff would like to gather some general input from the Commission regarding this calculations and measurements section. This is similaz to the very first discussion on signage and the question "what does staff really need to know prior to drafting." This will help staff return with the specifics. Staff will also contact a few local azchitects regarding confusing or otherwise frustrating language that they would like fixed. APPLICANT: City of Aspen PREVIOUS ACTION: Signs: The Planning and Zoning Commission has briefly discussed the current Sign Code. General suggestions were made at the January Su' public heazing. Community Development Staff met with City Council in September of 2009 to discuss possible Sign Code Changes. The direction from the Council work session and Staff suggestions have led to the proposed draft Sign Code. P4 REVIEW PROCEDURE: Text Amendment. At a duly noticed public hearing, the Commission shall recommend by Resolution the City Council to approve, approve with conditions, or deny the application. RECOMMENDATION: Staff recommends the Planning and Zoning Commission recommend approval of the City-initiated amendments to Sign Code and Definition of Artist Studio as described in Resolution ,Series of 2010. RECOMMENDED MOTION: "I move to approve PZ-Resolution _, Series of 2010 recommending approval of the amendments to Sign Code and definition of Artist Studio." ATTACHMENTS: Exhibit A -Existing and proposed text for Artist Studio Definition Exhibit B.1 - Existing text for Sign Code Exhibit B.2 -Redline Version of Sign Code Exhibit B.3 - PowerPoint presentation slide notes Resolution No. , 2010, for Sign Code and Definition of Artist Studio ~x Ftt f3 -'t- ~l P5 Section 26.204.100, Definitions (Existing language) Artist's Studio. Primarily a fine arts workshop of a light industrial nature such as a sculptor, potter, weaver, carver, jeweler, or other similaz art that requires artistic skill, and not related to personal hygiene or adornment, and secondarily receiving the public and engaging in retail sales on a limited basis. (Proposed language) Artist's Studio. Primazily a fine arts workshop of a light industrial nature such as a sculptor, potter, weaver, carver, jeweler, or other similaz art that requires artistic skill, and not related to personal hygiene or adornment, and secondarily receiving the public and engaging in retail sales on a limited basis. An artist studio may include a teaching or instructional component accessory to the primary use of a fine arts workshop. P 6 ~x hF 1 c3 I T ~• 1 Chapter 26.510 SIGNS Sec. 26.510.010 Sec. 26.510.020 Sec. 26.510.030 Sec. 26.510.040 Sec. 26.510.050 Sec. 26.510.060 Sec. 26.510.070 Sec. 26.510.080 Sec. 26.510.090 Sec. 26.510.100 Sec. 26.510.110 Sec. 26.510.120 Sec. 26.510.130 Sec. 26.510.140 Purpose Applicability and scope Procedure for sign permit approval Prohibited signs Sign measurement Sign setback Sign illumination Sign lettering, logos and graphic designs Structural characteristics Nonconforming signs Signs on public right-of-way Temporary signs Zone District sign restrictions Window displays 26.510.010. Purpose. The purpose of this Chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards and requirements. Toward this end, the City Council finds that the City is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the City. Signage has a significant impact on the visual character and quality of the City. The proliferation of signs in the City would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City must compete with many other Colorado, national and international resort communities for tourism opportunities. In order to preserve the City as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being of the City as a place to live, vacation and conduct business. D. Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the City's premier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the City, fostering the "village style" quality of the City and preserving and enhancing scenic views. P7 E. Enable the identification of places of residence and business. F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. H. Permit signs that are compatible with their surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. 1. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. J. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. K. Establish sign size in relationship to the scale of the lot's street frontage and building's street frontage along which the sign is to be placed. L. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed and maintained in a safe and satisfactory manner. M. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. N. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians. (Ord. No. 10-2005, § I ) 26.510.020. Applicability and scope. This Chapter shall apply to all signs of whatever nature and wherever located within the City except for the Aspen Highlands Village PUD. Sign regulations for Aspen Highlands Village PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall be allowed except as permitted by this Chapter. (Ord. No. 10-2005, § 1) 26.510.030. Procedure for sign permit approval. A. Permit required It shall be unlawful to erect, place, construct, reconstruct or relocate any sign without first obtaining a sign permit from the Chief Building Official. B. Exempt signs. The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 1. Preventive maintenance. The ordinary preventive maintenance of a lawfully existing sign, which does not involve a change of placement, size, lighting, color or height. 2. Repainting. The repainting of a lawfully existing sign exactly as it was prior to such activity. 3. Banners, pennants, streamers and balloons and other gas-filled figures. Temporary banners, pennants, streamers, balloons and inflatables shall be permitted per Subsection 26.S10.110.B, Policies regarding signage on public property. Streamers and balloons shall be permitted in association with a retail special event or sale of limited duration. P8 1. Construction signs. One (1) freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) square feet in area per sign, which are not illuminated and which identify individuals or companies involved in designing, constructing, financing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed thirty (30) days prior to commencement of construction and shall be removed within fourteen (14) days of termination of construction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not identify or advertise a person, product, service or business. >. Directional or instructional signs. Signs, not exceeding six inches by thirty inches (6" x 30") in area, which provide direction or instruction to guide persons to facilities intended to serve the public. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, affiliation with motor clubs, acceptance of designated credit cards and other similar signs providing direction or instruction to persons using a facility but not including those signs accessory to parking areas. Advertising material of any kind is strictly prohibited on directional and instructional signs. 6. Fine art. Works of fine art which in noway identify or advertise a person, product, service or business. 7. Flags. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. 8. Government signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory purposes, street signs, warning signs, railroad crossing signs, signs of public service companies indicating danger and aids to service and safety which are erected by or for the order of government. 9. Historic designation. Signs placed on a historic building identifying the structure as a property listed on the Aspen Inventory of Historic Landmark Sites and Structures, which sign shall be a wall sign not to exceed six (6) square feet in area. 10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriotic and/or religious holidays, provided that such decorations are maintained in safe condition, do not constitute a fire hazard and that the decorations comply with Section 26.575.]50, Outdoor lighting. 11. Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit signs placed on or affixed to vehicles or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of--way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. 12. Interior signs. Signs which are fully located within the interior of any building or within an enclosed lobby or court of any building, which are not visible from the public right-of--way, adjacent lots or areas outside the building and signs not to exceed thirty inches by forty-two inches (30" x 42"), located within the inner or outer lobby, court or entrance of any theatre which are intended solely for information relating to the interior operation of the building in which they are located. 13. Mail boxes, including street address. P9 14. Memorial signs. Memorial plaques or tablets, grave mazkers, statuary declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials or other remembrances of persons or events that are noncommercial in nature. 15. Menu signs and real estate picture boxes. One (1) sign per use, with an area not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is located and which advertises and/or identifies a restaurant menu, drinks or foods offered or special activities incidental to drink and food service or real estate offering. 16. Public notices. Official government notices and legal notices. 17. Residential name and address signs. One (1) freestanding or wall sign per detached dwelling unit or duplex unit, with an area not exceeding two (2) square feet, which identifies the name of the occupant and the street address of the dwelling unit. 18. Shielded light in architectural design that complies with Section 26.575.150, Outdoor lighting. 19. Vending machine signs. Permanent, non-flashing signs on vending machines, gasoline pumps, ice or milk containers or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use and other similar information. 20 have mailbox or wall sagnsswithnan area noteto ex eed ftwot(2)square~eetfto identify the street address and the names of the occupants. 21. Security signs. Every parcel may display security signs not to exceed an area of six inches wide by six inches long (6" x 6"). Security signs may contain a message, logo or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed in the City right-of-way. 22. Timeshare identification signs. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, Exempt timesharing, shall have awall-mounted sign with an area not exceeding two (2) square feet, stating that it has been approved for timesharing and identifying the name and phone number of a contact person or management entity for the property. C. Application. A development application for a sign permit shall include the following information: 1. That information required on the form provided by the Community Development Director; 2. A letter of copsent from the owner of the building; 3. Proposed location of the sign on the building or parcel; 4. A blueprint or ink drawing of the plans, specifications and method of construction of the sign and its supports, showing proposed dimensions, materials and colors and the type, intensity and design of the sign's illumination, if any; and 5. The dimensions, measurements and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other sign located olacement or other requirements information needed to calculate permitted sign area, height, type, p of these regulations. P10 D. Determination of completeness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the deficiencies are remedied. If the application is determined complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. (Ord. No. 10-2005, § 1) 26.510.040. Prohibited signs. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City. A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per Paragraph 26.510.130.D.1.e. B. Billboards and other oJf-premise signs. Billboards and other off-premise signs, including security company signs which do not comply with the regulations set forth in Subsection 26.510.040.B.20 and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.120, Temporary signs. C. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations except as permitted per Section 26.S7S.150, Outdoor lighting. D. Moving signs. Signs with visible moving, revolving, rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. E. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising or information and other gas-filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. F. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days after written notification from the Community Development Director and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this Subsection. Signs of historical character shall not be subject to the provisions of this Section. For the purpose of this Section, historicai signs are defined to be those signs at least fifty (SO) years in age or older. G. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.1.e. H. Roof signs. P11 I. Search lights or beacons except as approved per Subsection 26.575.ISO.H, Outdoor lighting, Exemptions. J. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public right-of--way, adjacent lot or building other than the building to which the sign may be accessory. K. Signs containing untruthful or misleading information. L. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. M. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for legal ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant. N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of--way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. O. Signs in public right-of way. A sign in, on, over or above a public right-of-way that in any way interferes with normal or emergency use of that right-of--way. Any sign allowed in a public right-of--way may be ordered removed by the Community Development Director upon notice if the normal or emergency use of that right-of--way is changed to require its removal. p. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor lighting. Q. Unsafe signs. Any sign which: 1. Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 3. Is not kept in good repair; 4. Is capable of causing electrical shocks to persons likely to come into contact with it; 5. In any other way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign; 6. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare; 8. is located on trees, rocks, light poles or utility poles, except where required by law; or 9. Is located so as to conflict with the clear and open view of devices placed by a public agency for controlling traffic or which obstructs a motorist's clear view of an intersecting road, alley or major driveway. P12 R. Street blimps. Parked or traveling cars used primarily for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's primary use is exempt. S. Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Subsection 26.SIO.110.B, Policies regarding signage on public property. (Ord. No. 55-2000, § 13; Ord. No. 11-2001, § 1; Ord. No. 10-2005, § 1) 26.510.050. Sign measurement. A. General. In calculating the area allowance for signs in all Zone Districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. B. Sign area. Sign area shall be the area of the smallest geometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs and their aggregate area shall be credited toward allowable sign area at one-half ('/~) the measured area. C. Two or more faces. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than two feet from one another. The area of the sign shall be taken as the area of the face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal area. (Ord. No. 10- 2005, § I ) 26.510.060. Sign setback. Signs are not subject to the setback requirements of the Zone District where they are located. (Ord. No. 9-2002, § ]2; Ord. No. ]0-2005, § 1) 26.510.070. Sign illumination. A. Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. B. Shielding illumination. Illumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light from artificial illumination upon any adjacent public right-of-way, surrounding property, residential property or motorist's vision. Illumination shall comply with Section 26.575.150, Outdoor lighting. (Ord. No. 10-2005, § 1) 26.510.080. Sign lettering, logos and graphic designs. A. Lettering. No lettering on any sign, including cut out letter signs, shall exceed twelve (12) inches in height, except that the initial letter in each word shall not exceed eighteen (18) inches in height. B. Logos. No logo on any sign, including cut out letter signs, shall exceed eighteen inches in height and eighteen inches in length (18" x 18"). (Ord. No. 9-2002, § 12; Ord. No. 10-2005, § 1) P13 26.510.090. Structural characteristics. The following limitations shall apply to all freestanding, projecting and wall signs: A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. B. Projecting signs. Projecting signs shall not be higher than the eave line or parapet wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall of the top of the principal building and no sign part, including cut out letters, shall project more than six (6) inches from the building wall. (Ord. No. 10-2005, § 1) 26.510.100. Nonconforming signs. Nonconforming signs which were in existence on or before May 25, 1988, shall be discontinued on or before November 25, 1988. (Ord. No. 10-2005, § 1) 26.510.110. Signs on public right-of--way. A. 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, including light posts, belonging to the City without the permission of the City Council or in compliance with Subsection 26.510.110.B, Policies regarding signage on public property. However, this Section shall not be deemed to apply to signs posted by any duly constituted public authorities in the performance of their public duties or to specific circumstances otherwise provided for in this Chapter. B. Policies regarding signage on public property. 1. Purpose of regulations. The purpose of these regulations is to establish reasonable regulations for the posting of temporary signs, displays and banners °nbanners andlflaps on ght posts onl Main herein include (a) signage on public rights-of-way, (b) g Street, (c) signs in City parks, (d) displays in City parks, (e) signs hung across Main Street at Third Street and (f) signs on public buildings. These regulations shall be read in conjunction with this Chapter and are not intended to supersede the regulations of signs as set forth therein. Temporary signs and displays provide an important medium through which individuals may convey a variety of noncommercial and commercial messages. However, left completely unregulated, temporary signs and displays can become a threat to public safety as a traffic hazard and detrimental to property values and the City's overall public welfare as an aesthetic nuisance. These regulations are intended to supplement this Chapter and to assist City staff to implement the regulations adopted by the City Council. These regulations are adopted to: a. Balance the rights of individuals to convey their messages through temporary signs or displays and the right of the public to be protected against unrestricted proliferation of signs and displays; b. Further the objectives of this Chapter, Signs; and P14 c. Ensure the fair and consistent enforcement of the sign and display regulations specified below. This Section, Signs on public right-of--ways, states: "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, including light posts, belonging to the City without the permission of the City Council." Sign permits issued by the City Manager or his or her designee, that are in conformance with these regulations shall constitute City Council permission within the meaning of this Section, Signs on public right-of--ways. Applications for sign permits that do not comply with these regulations shall be forwarded to the City Council for consideration if requested by the applicant. 2. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in this Chapter, Signs. In addition, the following definitions shall apply: Banner means any sign of lightweight fabric, plastic or similar material that is attached to any structure, pole, line or vehicle and possessing characters, letters, illustrations or ornamentations. Banner, light post means any sign of lightweight fabric, plastic or similar material that is attached to a light post and possessing characters, letters, illustrations or ornamentations which meets the dimensional requirements for and is intended to be installed on municipal light posts. Display means any symbol or object that does not meet the definition of a sign as defined in this Code, but like a sign is intended to convey a message to the public. Flag means any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity which meets the dimensional requirements and is intended to be installed on municipal light posts. Public right-of--way means the entire area between property boundaries which is owned by a government, dedicated to the public use or impressed with an easement for public use; which is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in whole or in part, for such use; and includes without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, pedestrian malls and any public way. Sign means and includes the definition for sign as contained in Section 26.104.100, Definitions, of this Code. The term shall also include displays as that term is defined above. Sign, inflatable means any inflatable shape or figure designed or used to attract attention to a business event or location. Inflatable promotional devices shall be considered to be temporary signs under the terms of this Chapter and, where applicable, subject to the regulations thereof. 3. Signs on public rights-of-way. a. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily in the public right-of--way. Temporary signs shall be permitted in public rights-of-way to advertise noncommercial special events open to the general public provided the following policies and procedures are followed. These regulations do not apply to banners on the Main Street light posts or hanging across Main Street that are subject to different regulations and criteria. P15 b. Size/Number/Material: Only two signs per event/organization shall be permitted. Signs shall not exceed ten square feet each and banners shall not exceed fifty square feet. Banners must be made of nylon, plastic or similar Type material. Paper signs and banners are prohibited. c. Content: Signs authorized pursuant to this policy shall be limited to signs that advertise the name, date, time and location of a special event for noncommercial purposes. The City recognizes the success of special events often depends on commercial sponsorship. Therefore, the City shall allow signs that contain the name of the applicant and/or ev ~ovidaed, time, names and location of the event, as well as sponsorship names and logos; p however, that the total sponsorship information shall not be the most prominent information conveyed by the signs and shall take up no more the thirty percent (30%) of the total area of the individual signs. d. Cost/Fees/Procedures: Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a sign plan to the Community Development Department for review and approval for a fee as outlined in Chapter 2.12, Miscellaneous fee schedules, of this Code. Applications must be received a minimum of thirty days prior to the event. The applicant shall also submit a refundable security deposit as outlined in the current fee schedule to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three days. e. Eligibility: Signs authorized pursuant to this policy shall be limited to a special campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes. f. Duration: Temporary signs authorized pursuant to this Sior~to the dateeofrwhich the maintained for a period not to exceed fourteen (14) days p campaign, drive, activity or event advertised is scheduled to occur and shall be removed within three (3) days of the termination of such campaign, drive, activity or event. Small directional signs are permitted the day of the event only and must be removed immediately following said event. g. Maintenance: All signs and banners shall be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic and shall not pose a safety risk to the public. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 4. Banners and flags on Main Street light posts. a. Purpose: Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate very special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries beginning at the organization's tenth (10th) year of local nonprofit organizations and for prominent local, regional, state or national events. Prominent local, regional, state or national events shall include recurring annual events or events that are considered significant to a large segment of the community. The United States, Colorado, Aspen and foreign country flags shall be permitted at the discretion of the City Manager, Mayor or City Council. P16 b. Size/number/material: All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be two feet wide and four feet high (2' x 4') to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. c. Content: Banners shall only contain information identifying the event, the date and time or a simple graphic/logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than thirty percent (30%) of the area of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. d. CosUfees/procedures: The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. e. Eligibility: Only applications for significant anniversaries as defined in Subparagraph 26.S10.110.B.4.a of local nonprofit organizations shall be eligible for consideration pursuant to this policy. All other requests from other organizations or for other types of events shall be forwarded to City Council. f. Duration: The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance: Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. h. Priority: Banner and flag applications shall be handled on a first come, first serve basis. Applicants may be asked to alternate light posts with other organizations. The City reserves the right to prioritize City-sponsored events over other applications. i. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 5. Signs in City parks related to special events in the City Park a. Purpose: Unattended signs are generally prohibited in City parks. Separate regulations apply to temporary unattended signs placed in Paepcke Park (See below for those regulations.) The purpose of this policy is to regulate unattended temporary signs that are permitted in limited circumstances in City parks. The City recognizes that unattended temporary signs may be a necessary element to many special events that are permitted in City parks in order to communicate general information to the public and advertise services, products and offerings as well as sponsorship of the special event. Accordingly, temporary unattended signs are P17 permitted, subject to these policies, when the signs are connected to a special event at a city park for which a permit has been obtained from the City. Signs in City parks are typ y temporary in nature and review occurs through the Special Events Committee. b. Size/Number/Material: Unattended temporary signs located in City parks shall be limited in size to three feet by six feet. The number of signs oriented towards the event venue shall be limited to two (2) signs per sponsor, and the number of signs oriented towards the rights-of- way shall be limited to five (5) which shall not extend more than ten (10) feet above grade. Banners must be made of nylon, plastic or similar material. Paper banners and flags are prohibited. The Special Events Committee may approve one (1) inflatable per event of no more than twenty (20) feet in height if a suitable on-site location can be provided and if there is a demonstrable community benefit. a Content location: The sign's content may include general information (i.e., dates, times, locations of activities) as well as advertisement of services, products, offerings and sponsorship up to thirty percent (30%) of the area of the sign. Unattended temporary signs conveying a commercial message shall be set back at least ten (10) feet from the public right- of-way. d. Cost/Fees/Procedures: Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a sign plan to the Community Development Department for review and approval for a fee as outlined in the current fee schedule. The applicant shall also submit a refundable security deposit as outlined in the current fee ordinance to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three (3) days. The applicant shall receive the necessary approval prior to the installation of any signs. Applications must be received no later than thirty (30) days prior to the event. e. Eligibility: Unattended temporary signs may be located in City parks only for the following reasons: a special campaign, drive, activity or event for a civic, philanthropic, educational or religious organization for noncommercial purposes for which a special event permit has been obtained from the City. An exception to this regulation is six inch by thirty inch (6" x 30") directional signs for commercial organizations using City parks. f. Duration. Unattended temporary signs may be erected and maintained only for the duration of the event or forty-eight (48) hours, whichever is less. All signs must be removed immediately following the event. g. Maintenance: All signs must be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic and shall not pose a safety risk to the public. A fifty dollar ($50.00) refundable security deposit will be required to insure compliance. h. Exceptions: The Special Events Committee may grant exceptions to the size and number regulations if deemed an appropriate location and/or event. Included in its evaluation, the Special Events Committee shall consider if there is a demonstrable community benefit to the event. The Special Events Committee, at its discretion, may send any requests for exceptions to Subsection 26.510.110.B.5 to City Council for review and approval. 6. Unattended Temporary Signs in Paepcke Park. a. Purpose: Unattended signs in public parks are prohibited with the exception to Paepcke Park. The purpose of this policy is to regulate the placement of unattended temporary signs in Paepcke Park that are civic, philanthropic, educational or religious in nature. P18 b. Size/Number/Material: Applicants are limited to one (1) sign that shall comply with the City lighting and sign codes. The sign shall not exceed fifty (50) square feet in size. A total of four (4) signs shall be permitted in Paepcke Park at any single period of time, and applications will be handled on a first come, first serve basis. c. Content/Location: The content of the display and any signs may not be commercial in nature. The applicant shall work with the Parks Department to find an appropriate location so that there is minimal impact on the park. Displays may not be affixed on or near the gazebo and shall not obstruct the view of the gazebo from Main Street. d. CosUFees/Procedures: The applicant shall pay an application fee and a refundable security deposit as outlined in the current fee schedule to cover any damages caused by the installation, maintenance or removal of the sign. The applicant shall reimburse the Parks Department for any electric fees. An application shall be submitted to the Community Development Department for review by the City Manager or his/her designee. Applications shall be received no later than thirty (30) days prior to the proposed installation of the object. e. Eligibility: Civic, philanthropic, education or religious nonprofit organizations shall be eligible. The City reserves the right to deny any application for a sign that would interfere in City-sponsored activities in the park. f. Duration: Applicants are permitted to maintain their signs for no more then fourteen (14) days. g. Maintenance: All signs shall be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic and shall not pose a safety risk to the public. The applicant must work with the City Parks Department regarding all maintenance issues. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. Signs across Main Street at Third Street. a. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily across the Main Street right-of-way at Third Street. Temporary signs shall be permitted in this location to advertise noncommercial special events open to the general public provided the following policies and procedures are followed. These regulations do not apply to banners on the Main Street light posts or signs other than those hanging across Main Street at Third Street. b. Size/number/material: Banners must consist of the following specifications: (1) Any type of durable material; (2) Semi circular wind holes in banner; (3) Metal rivets at all comers and every twenty four (24) inches along the top and bottom of the banner; (4) Size will be twelve (12) feet in length and three (3) feet in width. c. Content/Location. No commercial advertising will be allowed, except in cases where a sponsoring entity's name is part of the name of the event. In such cases, the organization promoting the event may not construct the banner such that sponsoring entity's commercial name is the most overwhelming aspect of the banner and the sponsor's name and logo shall be limited to no more than thirty percent (30%) of area of the sign. Political advertising on or P19 located in the public right-of--way on public property (even by a nonprofit organization) is prohibited per Subsection 26.510.120.0.2. d. Cost/Fees/Procedures. (1) A Main Street banner application and banner policy and procedum k'rm rthetra uest'and from the City Manager's office and completed by the party g q returned to the City Manager's office no less than 30 days prior to the date requested to hang the banner. (2) The exact legend of the banner must be indicated in writing (see specific area on application form). For your benefit, it is found that banners are most visually effective when kept simple: i.e., event, date organization and logo. (3) A fee of $50.00 per one-sided banner or one hundred dollars $100.00 per double-sided banner per week, must accompany the application form and be reviewed in the City Manager's office 30 days prior to the date the banner will be hung. All organizations will be charged the same rate, accordingly. (4) All banners should be delivered directly to the Electric Department, which is located in back of the Post Office at 219 Puppy Smith Road, by noon the Friday prior to the Monday hang date. Any banner not delivered by noon the prior Friday is subject to an additional fifty dollar ($50.00) charge. (5) Please pick up the banner from the Electric Department within 30 days after the display week(s). The City assumes no responsibility for banners, and any banners left more than 30 days may be discarded. e. Eligibility: The City provides space to hang four (4) single-sided banners and two (2) double-sided banners across Main Street with the intent of advertising community events, be it for arts organizations or nonprofits and/or not-for-profit organizations. These six (6) spaces are reserved on a first come, first serve basis. Reservations will be taken each year on November l~' for the following year. The first organization to have their contract negotiated, signed and paid will be offered the banner space on a first come, first serve basis. f. Duration: One (1) banner, per event, may be hung for a maximum of fourteen (14) days, as per Subsection 26.510.030.B.3. Banner approvals are not guaranteed and will only be hung upon availability of the Electric Department staff. The length of time that a banner is to be hung is not guaranteed and may be shortened at the discretion of the City. Based on hislher judgment as to the best interest of the City, the City Manager may determine which banners are to be given priority when there are multiple requests for the same time period. g. Maintenance: All banners shall be maintained in an attractive manner. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 8. Signs on public buildings. Signs on public buildings shall be prohibited. (Ord. No. 10-2005, § 1) 26.510.120. Temporary signs. A. General. No temporary sign is permitted within the City unless all other signs on the property upon which the temporary sign is to be erected, placed or affixed and the temporary sign itself conforms to this Chapter. P20 B. Residential uses and residential Zone Districts. For all residential uses and residential Zone Districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 26.510.030, Procedure for sign permit approval and then only if accessory and incidental to a permitted or conditional use: Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the property upon which the sign is located, subject to the following: a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall be not more than one (1) temporary real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located. 2. Temporary political signs. Temporary political signs announcing political candidates seeking public office, political parties or political and public issues shall be permitted. C. Nonresidential uses and nonresidential Zone Districts. For all nonresidential uses and nonresidential Zone Districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 26.510.030, Procedure for sign permit approval and then only if accessory and incidental to a permitted or conditional use: Temporary sandwich board signs carried by a person. Temporary sandwich board signs which are carried by a person and are advertising or identifying a special, unique or limited activity, service, product or sale of a limited duration or identifying a restaurant menu, subject to the following: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one (1) such temporary sign per use at any one time. c. Area. The area of the temporary sign shall not exceed six (6) square feet per side. 2. Temporary political signs. Temporary political signs announcing political candidates seeking public office, political parties or political and public issues shall be permitted. There shall be no temporary political signs permitted on or located in the public right-of-way or on public property except as permitted per Subsection 26.510.110.6, Policies regarding signage on public property. 3. Temporary sale signs. Temporary sale signs, announcing special sales of products and services, shall be subject to the following: a. Type. The temporary sale sign shall be placed in the window or windows of the business holding the sale. b. Number. There shall be permitted not more than one (1) temporary sale sign in any window and a total of not more than three (3) temporary sale signs for each use. c. Area. Each temporary sale sign shall not exceed three (3) square feet. P21 d days and shallnberremovedsagthe eend of the fourteen (14) daysoroonothe day following the end of the sale, whichever shall occur first and shall not be replaced for at least two (2) months following the removal of the sign(s). 4. Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the property upon which the sign is located, subject to the following: a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall be not more than one (1) temporary real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Sentalaof the re1al estate upon wh ch tha s gn isloc t d v(O d!tN~o. 10 2005) § ~s of the sale or 26.510.130. Zone District sign restrictions. A. Residential uses. For all residential uses, only temporary signs permitted under Section 26.510.120, Temporary signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: 1. Home occupation, multiple-family dwelling complex or mobile home park identification signs. a. Type. The home occupation, multiple-family dwelling complex or mobile home park identification signs shall be freestanding signs or wall signs. b. Number. There shall be not more than one (1) freestanding or wall sign per home occupation or per street entrance of amultiple-family dwelling complex or mobile home park. c. Area. The area of the sign shall not exceed two (2) square feet per dwelling unit and shall not exceed a total of twenty (20) square feet. d. Illumination. A home occupation identification sign may be illuminated only when it is identifying a home occupation of an emergency service nature. Amultiple-family dwelling complex or mobile home park identification sign may be illuminated. All illumination must comply with Section 26.5]0.070, Sign illumination and Section 26.575.150, Outdoor lighting. B. Institutional uses. For all church, school and public administrative building uses, only temporary signs permitted under Section 26.510.120, Temporary signs, and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: 1. Church, school or public administrative building identification signs. a. Type. The church, school or public administrative building identification sign shall be a freestanding or wall sign. b on (l) stye ten t t le x eedtartotal of four (4) signs peP lot, ~subjectoto theearea requirementsnn Paragraph 26.510.130.B.1.c. P22 c. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one (1) street shall not exceed one (1) square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for any one (1) use on any one (1) frontage exceed twenty (20) square feet. (4) Illumination. The sign may be illuminated except when located in a residential Zone District. C. Recreation club or open use recreation site uses. For all recreation club or open use recreation site uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: l . Recreation club or open use recreation site designation signs. a. Type. The recreation club or open use recreation site designation sign shall be a freestanding or wall sign. b. Number. There shall be not more than one (I) sign per use permitted along the lot frontage on any one (1) street, not to exceed a total of two (2) signs per lot, subject to the area requirements in Subparagraph 26.510.130.C.1.c. c. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one (1) street shall not exceed one (1) square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the area of the lot within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for any one (1) frontage exceed twenty (20) square feet. (4) Illumination. The sign may be illuminated only during hours of normal operation and the illumination must comply with Section 26.575.150, Outdoor lighting. D. Commercial uses. For all Commercial Core (CC), Commercial (C-1), Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Commercial (NC), Mixed Use (MU) or Service/ Commercial/Industrial (SCI) Zone District uses, only temporary signs permitted under Section 26.510.120, Temporary signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: l . Business or occupancy identification signs. a. Type. The business and occupancy identification signs shall be freestanding signs, projecting signs, wall signs, including cut out letter signs or lettering on awnings. P23 b. Number. There shall be not more than a combination of two (2) of the following three (3) types of signs: freestanding signs, projecting signs or wall signs, including a cut out letter sign subject to the area requirements in Subparagraph 26.510.130.D.1.c. In addition, there shall be no limit on the number of business and occupancy identification signs which may be placed in the windows of the business; provided that said signs shall count against the aggregate sign area permitted as if the window sign was a cut out letter sign. There shall also be no limit on the number of awnings which may be lettered; provided that said signs shall count against the aggregate sign area permitted as if the window sign was a cut out letter sign. c. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (3) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (4) (5) Awning sign. The area of an awning sign shall not be limited, but the lettering on the awning shall not exceed six (6) inches in height. Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one (1) street shall not exceed one (1) square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. If there is more than one (1) use or tenant within the principal building, then the aggregate sign area permitted for each use or tenant within the building shall be that portion of the aggregate sign area as agreed upon by the owners and occupants of the building. The Community Development Director shall be notified of such agreement and the respective proportionate shares of signage. In no case shall the aggregate sign area for any one (1) use on any one (1) frontage exceed twenty (20) square feet. d. Location. The business and occupancy identification signs shall be located on the business being identified, unless the business does not have frontage at street grade. For such businesses, one (1) sign may be located on the business being identified and the other sign may be included in a business directory sign. e. Portable and sandwich board signs. Portable and sandwich board signs shall be permitted in the Commercial Core (CC) and Commercial (C-1) Zone Districts. Portable and sandwich board signs are limited to retail and restaurant uses. Portable and sandwich board signs are prohibited for office uses. (1) Portable sandwich board signs are limited to nine (9) square feet in size and shall not count in the aggregate sign area. (2) Businesses are limited to one (1) sandwich board or portable sign per business. (3) Portable sandwich board signs must be made primarily of wood or metal and must have a professional finish. (4) Insets must be chalkboard. Dry erase boards are prohibited. (5) A six (6) foot travel width must be maintained on sidewalks and an eight (8) foot travel width on the pedestrian malls. P24 (6) Sandwich board and portable signs are not permitted on rights-of--way or pedestrian malls overnight. (7) A separate sandwich board sign permit must be approved by the Zoning Officer and shall meet the following requirements: a. The Zoning Officer shall take into consideration safety issues with regards to the placement of the sign. b. The sign shall have a professional finish and be consistent with the community character. c. Permits for sandwich board signs shall be revocable by the Zoning Officer if the above criteria are not met or, in the opinion of the Zoning Officer, the sign creates a visual nuisance. (8) Unless readopted by City Council on or before April 11, 2005, the provisions of Section 26.510.130, Procedure for sign permit approval and its Subsections (D)(5)(3) shall be null and void. 2. Business directory signs. a. Type. The business directory signs shall be wall signs or freestanding signs. b. Number. There shall be not more than one (1) business directory sign per lot. c. Area. The maximum permitted area of the business directory sign shall be as follows: • For 1 to 5 businesses - -One square foot of sign area per business • For 6 to 10 businesses- -Five square feet plus '/~ square foot for each business over five businesses. • For more than 10 businesses- -7 1/2 square feet, plus '/a square foot for each business over ten businesses, to a maximum sign area of 10 square feet. (Ord. No. 10-2005, § 1) 26.510.140. Window displays. Window displays of merchandise and representations thereof are not subject to sign regulations, sign square footage and do not require a sign permit, except the following are prohibited in window displays: 1. Televisions, computer monitors or other similar technological devices that create oscillating light. 2. Neon or other gas tube illumination, rope lighting or low-voltage strip lighting. (Ord. No. 10-2005, § 1) ~~c t-t t t3 t t ~ ° ~5 Chapter 26.510 SIGNS Sec. 26.510.010 Purpose Sea 26.510.020 Applicability and scope Sec. 26.510.030 Procedure far sign penni[ approval Sec. 26.510.040 Prohibited signs Sec. 26.510.050 Sign measurement and allotment Sec. 26.510.060 Exceotional Sign Bonus Sec 26 510 070 Si¢n setback Sec. 26.510.080 Sign illumination Sec. 26.510.090 Sign lettering, logos and graphic designs Sec. 26.510100 Si¢n t} eg~s and stmcnaal charaaeris[ics--_-_-___-__________--_------------- Sea26.SI0,110 Zone District sign resmctions--_-___-__-_-_____------------------------------ Sec.26.510.120 Window displays 26.510.010. Purpose. The purpose of this Chapter is to promote the public health, safety and welfare though a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards and requirements. Towazd this end, the City Council finds that the City is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the City. Signage has a significant impact on the visual character and quality of the City. The proliferation of signs in the City would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City must compete with many other Colorado, national and international resort communities for tourism opportunities. In order to preserve the City as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive envronment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance [he attractiveness and economic well-being of the City as a place to live, vacation and conduct business. D. Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natwal environment, preserving and enhancing the high quality human existence, retaining [he City's premier status in an increasingly competitive resort market, preserving the historically and azchitecturally unique character of the City, fostering the "village style" quality of the City and preserving and enhancing scenic views. Deleted: 090. Swawd Dde[ed: 1 W .Nonconforming vgnsy Sm. 26.510. P26 E. Enable the identification of places of residence and business. F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the wne district in which they are located and consistent with the category of use to which they pertain. H. Permit signs that are wmpatible with their surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. I. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. J. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. K. Establish sign size in relationship to the scale of the lot's street frontage and buildings street frontage along which the sign is to be placed. L. Protect the public from [he dangers of unsafe signs and require signs to be constructed, installed and maintained in a safe and satisfactory manner. M. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illwnination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehiculaz traffic. N. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians. (Ord. No. 10-2005, § 1) 26.510.020. Applicability and scope. This Chapter shall apply to all signs of whatever nature and wherever located within the City except for the Aspen Highlands Village PUD. Sign regulations for Aspen Highlands Village PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall be allowed except as permitted by this Chapter. (Ord. No. 10-2005, § 1) 26.510.030. Procedure for sign permit approval A. Permit required It shall be unlawful to erect, place, construct, reconstruct or relocate any sign without fast obtaining a sign permit from Ore Chief Building Official. Ordinarv preventive maintenance odeted: x . F ~.,ri,+s~ B Siens not reauirine a Hermit The following signs or sign activities shall be_exempt from obtaining a _ __.-- sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the - responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 1. Banners mennants streamers and balloons and other eas-filled fieures. Temporary banners, pennants, streamers, balloons and inflatables shall be pernutted per Subsection 26.S10.I10.B, Policies rogazding signage on public property. Streamers and balloons shall be permitted in association with a retail special event or sale of limited duration. 2. Construction signs. One (1) freestanding or wall sign along each lot line frontage on a sheet for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) squaze feet in area per sign, which are not illuminated and which identify individuals or P27 companies involved in designing, constmcting, financing or developing a site under constmction. Such signs maybe erected and maintained only for a period not to exceed thirty (30) days prior to commencement of constmction and shall be removed within fourteen (14) days of termination of wnstmction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not identify or advertise a person, product, service or business. 3. Directional instructional or courtesy signs. Signs, not exceeding six inches by thirty-inches (6" x 30") in area, which provide directron or rns[mcfion to guide persons to facilities intended to serve the public as remuired by law or necessiri. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, accessibiliri routes. restrictions on smoking or solicitation delivery or freight entrances, affiliation with motor clubs, acceptance of designated credit cards and other srmilar srgns provrding direction or instmction to persons using a facility jncluding urtesv information such ar "vacancy" "no vacancy." "ocen," «~t„~Pd ° and the like. Advertising material of any land rs strrctly prohrbrted on dtrecUonalr petema: o< DeleteA: lwt not -~ Dde[e0: those signs ancessory to parking areaz. DdaOed: eM instructional or courtesy signs. 4. Fine art. Works of fine art which in no way identify or advertise a person, product, service or business. 5. Flagg. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. - the event. 7. Government signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory or informational purposes, street signs, official rnessaees, warning signs, railroad : crossing signs, signs of public service companies indicating danger, or aids to service_and safety _-_. - udeoed: ~d - ---------- which are erected by or for the order of government. - 8. Historic designation. Signs placed ort or in front of a historic building or site identifying ~tqd__..--- oeletea: m+swctu"+' p~~~+din~ information about a property listed on the Aspen Inventory of Historic Landmazk Sites r'-- and Structures or the National Register of Historic Situ which stgn shall dot exceed srx (6) __,__'- txJeoad: x.wdt sign square feet N azea~s aoproved by the Historic Preservahon Officer. ~~~ ~ 9. Holiday decorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriotic andlor religious holidays, provided that such decorations are maintained in safe condition, do not constitute a fire hazard and that the decorations comply with Section 26.575.150, Outdoor lighting. 10. Incidental signs on vehicles. Signs placed oa or affixed to veMcles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit signs placed on or affixed m vehicles or trailers which are parked on a public right-of--way, public property or private property so as to be visible from a public right-of--way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. 11. Interior signs. ~ Signs which are fully located within the interior of any building or within an enclosed lobby or court of any building, which are not visible from the public right_of_way, adjacent lots or areas outside the building. P28 12. Memorial siens. Memorial plaques or tablets, grave markers, statuary declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials or other remembrances of persons or events that are noncommercial in nature. 13. - Deleted: I5.. Menu sieru vnd red aro.. Pictwe bo><a. and foodV •One (1) sign per use, wish an area no[ to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is located, and which ~ located on or to front of the building within _ -- Deleted: >dvero:a enm _: . -- ~-- whichtherestaurant2slocated.-----------------------,_----.------------'----------------~.. ~ Ddered: idenusa. ' Deleted: menu, drinW or foods offered or specid ectvities incidaal to drink and food service or reel acme offering a The total area of all such siens on a lot does not exceed eieht (81 square feet. c All such siens shall be removed no later than seven (71 after the election for which they were made. a Tvce Areal estate for sale or rent lien shall be a freestandine or wall sign. b Number There shall not be more than one (11 real estate for sale or rent sien per unit. c Area The area of the temporary sien shall not exceed three (31 souaze feet. d. Heieht. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. 17. Public notices. Official government notices and legal notices. P29 21. rw w 1201 square feet. street Ddetetl: One (I) free#aMing or wall sign per demrJtd Dele0etl: wit or Deleted: wi4 with an area not ecceWin6 Ta'o (2) agate fea, which idmaaes the ~wne of the ~~onent wd Deleted: of the 22. Street addresses on mailboxes. 23. Vendine machine sins. Permanent, non-flashing signs on vending machines, gasoline pumps, ice or milk containers or other similar machines indicazing only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use and other similaz information 26. Timeshare identification sines. A building th a islaapeoeewall mountedtrsieshNidnlg,apur~annot Dmeeeaa ahdl -.. Section 26.590.030, Exempt timeshazmg, ~,y _-__---.-___-'_-__ ------~------------------------- exceeding two (2) square feet, stating that it has been approved for timesharing and identifying the name and phone number of a wntact person or management entity for the property. 2R. Temuorarv sale sines. Temporary sale signs, aMouncing special sales of products and services, shall be subject to the following: a. Type. The temporary sale sign shall be placed in the window or windows of the business holding the sale. b. Number. There shall be permitted not more than one (]) temporary sale sign in any window and a total of not more than three (3) temporary sale signs for each use. c. Area. Each temporary sale sign shall not exceed three (3) square feet. 25. Securiri suns. Every parcel may display security signs not m exceed an area of six mcnes wme by six inches long (6" x 6"). Security signs may contain a message, logo or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed in the City right-of--way. P30 d. Duration. Temporary sale signs may be maintained for a period not [o exceed fourteen (14) days and shall be removed at the end of the fourteen (14) days or on the day following the end of the sale, whichever shall occur first and shall not be replaced for at least two (2) months following the removal of the sign(s). saecial event or sale of limited duration are nermitted G Application. A development application for a sign permit shall include the following information: 1. That information required on the form provided by the Community Development Director; 2. A letter of consent from the owner of the building; _ 3. Proposed location of the sign on the building or parcel; 4. The dimensions, measurements and calculations of building- frontages and line frontages on __ .--- poeleaa: f~ni nlg ~ method iron":tig„aio~ of F streets and alleys; the dimensions of any other sign located on the property and any o er the sign eM its supporcs, showing proposed information needed to calculate permitted sign azea, heighk type, Placement or other requirements dime,uions, metefiils end wlors and the type. intenarty end design of the sign's illumination, if eny; of these regulations. snag 5 Calculation of the aoolicable sienaee allotment for the business See 26.510. Sien Allotment s D._Determina[ion ojcompleteness. After a development application for a sign permit has been received, ll determine whether the application is complete. If the h i a rector s the Community Development D Community Development Drrector determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no on the application unless the deficiencies are remedied. If the application is determined ti f h on er ac urt the Commmity Development Director shall notify the applicant of its completeness. A complete , determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. E. Determination of compliance. After reviewing the application and determining its compliance and the Community Development this Chapter i d d , s n ar consistency with the purposes, requirements and stan Director shall approve, approve with conditions or deny the development application for a sign permit. (Ord. No. 10-2005, § 1) ~ 26.510.040. Prohibited signs. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City. A. "A" frame, sandwich board arsd sidewalk or curb signs except as allowed per Paragraph 26.570.130.D.1.e B. Billboards and other off-premise signs. Billboads and other off-premise signs, including security company signs which do not comply with the regulations set forth in Subsection 26.510.040.B.20 and signs on benches, aze prohibited, except as a temporary sign as provided for in Section 26.510.120, Temporary signs. C. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations except as permitted per Section 26.575.150, Outdoor lighting. P31 D. Moving signs. Signs with visible moving, revolving, rotating parts or visible mechanical movement - of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes E. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising or information .and other gas-filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. F. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days after written notification from the Community Development Director and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this Subsection. Signs of historical character shall not be subject to the provisions of this Secfion. For the purjsose of this Section, historical signs are defined to be those signs at least fifty (50) years in age or older. G. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D. ].e. H. Roojsigns. 1. Search lights ar beacons except as approved per Subsection 2G575.150.H, Outdoor lighting, Exemptions. !. Signs causing direct glare. A sign or illumination that causes any direct glaze into or upon any public right-of--way, adjacent lot or building other than the building to which the sign may be accessory. K Signs containing untruthful ar misleading information. L Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. M. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of ineress or egress, prevents free passage from one part of a roof to any other part, interferes with an odecee. irav opening required forventilation or is attached to or obstructs-any standpipe, fve escape or fire hydrant. __--- N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of--way, public property or private property so as to be visible from a public right-of--way where the apparent purpose is to advertise a product, service or activity or diiect people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. O. Signs in public right-of way. A sign in, onsor above a_public rightof--way that in any way-interferes __----- oeteom: ova with normal or emergency use. of that right-of-way. Any sign allowed in a public right-of way may be ordered removed by the Community Development Director upon notice if the normal or emergency use of that right-of-way is changed to require its removal. P. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor lighting. P32 Q. Unsaje signs. Any sign which: I. Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 3. Is not kept in good repair; 4. Is capable of causing electrical shocks to persons likely to come into wntac[ with it; 5. In any other way obstmcts [he view of, may be confused with or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign; 6. Uses any words, phrases, symbols or chazacters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians, 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare; 8. Is located on trees, rocks, light poles or utility poles, except where required by law; or 9. Is located so as to conflict with the clear and open view of devices placed by a public agency for ' controlling traffic or which obstructs a motorist's cleaz view of an intersecting road, alley or major driveway. R Street blimps. Parked or traveling cazs used primarily for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle s primary use is exempt. S Banners and pennants used jor commercial purposes no! associated with a special event approved by the Specaa[ Events Committee approval per Subsection 26.510.]]O.B, Deleted: Policies regaling ugnoge an DuUhC ...................__..._...___-.--_.-.--_---.._...-~__--.-_-..--__-...._~--..__.---__---..-.__.... ~ po~rty. (Ord. NO. 55-2000.413:Ord.No.11- 2001, 4 1; Ord. No. 162005, 4 1)9 26.510.060. Sign measurement location and allotment A. General. In calculating the area allowance for signs in all Zone Districts, there shall be taken into _ account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. B. Two or more faces. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than two feet from one another. The azea of the sign shall be taken as the area of the face if the two faces are of equal area or as the area of the lazger face if the two faces are of unequal area. (Ord. No. 10- - 2005, § 1) G Sign area, Sign area shall be the area of the smallest four-sided or c'vcular geometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs and their aggregate area shall be credited towazd allowable sign area at one-half ('/~) the measured azea. 1' I~~6~c~ o~ ~~o~ ~ogr~ 8' //~ Po re 1 Above Window sign with cutout letters 8' x 1' 11/21= 4 sg. ft. total Below Window Bien with solid backin¢ 2 x 10 - 20 sg ft. total Bottom Sian with irreeular shape 2' x 3' = 6 sg. ft. total O O ~o~~ o~ ~~o~ ~og~ ~ 0 10' ~ ~ 3' 0 P33 P34 Desired Style Sien in _ Sins located at orooortion same height to building > >~ Fieure 3 ~- architectural not exceeding feature 25%of window Undesirable Srile >_ _.. > > No consistency in Sien not sign height orooortional to building F~aure4 architectural feature W indow liens far more than 25%of window P35 - - ~,., o .................°- -- -- ft. si n area bonus. Communi Deve o ment s a revs followine criteria: 1 Uniqueness and character of the desien ": 2 Oualiri of materials ~ -... 3 Benefit to the cedestrian excerience 4 ARistic exoression/creativiri 5 Representation (svmbolisml of product The si a e bonus ma allow the ro sed si n to be tar er than the zone district s ecifications and naQe allotments allow for. 26.510.070. Sign setback. - - ' 9 y c __ __________. ~,,.- DtleteA: (Ord. No. 9-2002,§12; Ord. NO.10. Signs are not sub'ect to the setback re uirements of the Zone District where the are located zoos § q (Ord No 9 2002 & 12~ Ord No 10.2005, 6 Il •'• ~~~; ~ q((~; p M .:. - DaletaA: 09o 26.S10,Q80. Sign illumination. --- -- A. A[[owed ![[umination. Illumination of signs shall be designed, located, shielded and duected in such - .--- oetezaa: a sr,~u~s um.~:^^e^^. a manner that the light source is fixed and is not dnectly visible from and does not cast glare or duet[ , light from artificial illumination upon any adjacent public right-of--way, surrounding property, residential ~ gt - odeeea: (ord. No to-2005, § q property or motorist's vision. Illumination shall comply with Section 26.575.150, Outdoor li tin _ _ _. B. Prohibited il[uminaton. No sign shall be illuminated through the use of internal illumination, reaz illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. 26.510.080. Sign lettering, logos and graphic designs. A. Levering. No lettering on any sign, including cut out letter signs, shall exceed twelve (12) inches in ~- height, except that the initial letter in each word shall not exceed eighteen (18) inches in height. B. Logos. No logo on any sign, including cut out letter signs, shall exceed eighteen inches in height and eighteen inches in length (18" x 18"). (Ord. No. 9-2002, § 12; Ord. No. ]0-2005, § 1) 26 510 060 Ezceotional Sien Bonus P36 26.510.090. Si¢n tvoes and structural characteristics A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (IS) feet, whichever is less and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. B. Projecting or haneinr signs. Projec[ine and haneine signs shall not be higher than the save line or parapet wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. C. Wall signs. Wall signs shall not be higher than the save line or parapet wall of the top of the principal building and no sign part, including cut out letters, shall project more than six (6) inches from the building wall. (Ord. No. 10- Fieure 5• Proiectine Sien 2005, § 1) a erase boards are prohibited. A six foot travel width on the pedesuian uavel width must be maintained on sidewalks and an lotment. Permits for sandwich boazd signs are not met or, in the opinion of the Zoning shall be revocable by the Zoning Officer if the above Officer, the sign creates a visual nuisance, --__--- - Deletetl• Structural Deletetl: The follov dl freestanding, prop gions shall apply m wall sigru:¶ oeiemd: t 26.510.100. Nomm~(orming signs.¶ Nomm~fomning signs which were in «istence an or before May 25, 1988, shall be discontinued on or bdore November 25, 1988. (Ord. No. 10-2005, § I)t 9 9 26.910.110. Deletes: on Ddetea: in, on, over or DeJetea: any lend DdeTed: riaht- . - Dde[00: -wey or on anY Propoty, including light pons, belonging m the City without Ne pennisaion of the City Counul or in compliance wiN aubseaian 26.510.110.6, Poliuea regarding signage on public P37 Sec 26 510 100 ZoBe District sig n restrictions Palates: slwl nd x a«md ro apply m signs _ pm[d by mY duly mnstimtd Pubic authorities m ~ ll residential uses only siens F Permitted under Section ~6 510 030 B. Exemffi,i the Pa'f°~ E0°~~ u°~o~~iam rm ~tni~~n° or a A Ruidential uses a followin i s are rmltted-gad then only-~f accessory and-incidental to a permitted or si and « ~.• $-fir.,-.-.-pe-------- g11~ -- --_.- ~ q Cheptu din s~ eon ublic ro B.. Poliun raga g gnag v v v«ty~q - _-- conditional use: ;t l.. Puryoae of regulations, Thepuryose oftne« rcgulaziom is m publish rrawnable rcgulazims for the portin8 ofumpwery sigm, displays and burners mber of N Maximum Area Maximum Height of Comments ~Y~n~ ~°.b~ ~P ~ li ~~`vplf°w°,ay. N)°" Tvpe of Sian u Sins S . Ft. Freestanding Sinns burners ma nags on light posts on Main so-«q (e) k ) s. (e vgns in city P>~• (d) displays in city par d (t) t d s ' o-« an Ihir `, signs Hung across Main Str«~ d multi- I 10 S Direct illumination ~ l' ~~: m, pub9e bnilamge. Thne«galaziom ' Identification Der only fixtures must be ~, shill bred m eoniand;m n^a' mid cnaprcr $~ family complex shielded and in ppa~e are na inunad m sup=seae the monument or subdivision compliance with this regdanms of signs m sd fonh tnuein9 SI ^a entrance ~ ChaDtei end Temporary signs end displays provide m importmt h whidi individuals may wnvry a m tbrau di monument 26.575.150 g u me 'variety ofnmmmrnercid mdcommmdaz messages. SI Onl a However, left completelY'~'~'egulazd, tdnporcry signs aril displays can bemme atnreaz to public ~ • t Q t SI 5' IIIWrllnaflOR permitted. '~,' sefdY as atraffichvard esd ddrimmul to propety ~ vazum and the Ciry's oveNl public welfare m m ~ ~ Bed and 1 Der S[rPR must be in compliance '; aestnde nuisance. These rcgalYmm ue mmdd to , Breakfast fronts a with this Chapter and ~ suPplemmt this cMptd ma ro assist city auam implemem the ragulazims doptd by Ne Ciry 26.575.]50 Cmuwil. These regulaions are adopted u:q '; a.Balm«the rights of individu~lsumnvey their ; mnsagn thmugb temporary signs or displays and t 4 er sl ~ ~ 5' Illumination allowed ', the right of flu pubficu be prouded agmnrt ~' °azea'"°~ pr°I'f°afon of:ign: ma display:;q ~ Home 1 Per stree - only when it is '; '~ b.. Puehd the obi«o-vn of this cnagm, si .,, t Occupation fron a identifvine a home py~; aefinninm shall applxq cu anon of an OC P lank m si afli twoghs fabri4P meuu 8h Bamer Y Bn ~ emereencv service l m similar material that is atrmhd ro mr swdurc, ; pole, line or vehicle and possessing characten, Rature illustrations oromemmunansq ; lends , '~ Bam«, light pmt mama mY sign of lightweight ' ; fabri4 plutrc m similar maz«iel that is muchd m a $ee E%EmDI SIan$ '• IigM post and possessin8 dsaradds•IPners, illustrcti°": °` orrummWionswhich mceu the ' TemDOrarv 26.110.030.8 ~ '~ dimensiorul requiremmu fm and is immdd to be $IepS insulld on mmiripel light poazs.q .. 2 Dilated: in public rights-of-way to edvertiu nmmmmmcid special evm4 open b the 8meral ~ ; Public providd the following Pdicin and ; procdurm ere followd. These reguldiom do not y~ply to bamas on the Mvn Str«t light ports or '~ hinging across Main Str~d,haz are subjectu i diffmmt regolaziom and uitdiaq ; h SiulNumbn/Materid: OnIY twn signs per ; evmUorgamleison shall be P~s'trd. Signs snail ' nor n«d tin square feet emh and bmnen shall not aced fifty square fen Bamers must be m g Dilated: 4.. gml state for sale m rent sign. ,Temporary rml hate signs dvertising the sale or rural of the property upon which the sign is located, mbjen u the following:q a .Type. The temporary red hate for saze or rmt sign shall be efl«sunding or well signq b.. Numbs. There shall be not more thin one (1) temporary rnl nYate for sale or rent sign per unit¶ . Area The am of the temPOrcry sign shall not c . .. d dv« (31 square fcetq (... (' P38 B. Institutional uses. For all church, school and public administrative building uses, only temporary signs permitted under Section 26.S10.P30B Exemot_signs, and the following_sigrls are permitted and _. ..- odetea: then only if necessary and incidental to a permitted or conditional use (there shall be not more than two _ ._._t _o e_.._ rn~ ..:,..,...e. f Si ber of N Sieo Area (Sa. Ff.l Maximum Heieht Comments en Tvoe o um ns Si _ of Freestanding e Siens tification Id No more than See 26 510 OSO.E, 6' Illumination en nt ll t S permitted. unless in a Simon (freestanding, two 2 freestandine o me I ng~a residential zone. Size annot exceed i f wall or proiectine sien si s er fron a gn c o s six (61 sa. ft. No more than See 26 510 OSO.E, n/a Illumination tment ll Si permitted unless in a two (2) wall an a o residential zone. Size signs cer of sign cannot exceed fron a six (61 sa ft Must not eo above save porn[. No more than See 26 S10.O50.E, n/a Illumination tment ll Si permitted, unless in a tvvo 2 on a o residential zone. Size protecting or of sien cannot exceed haneing signs six (6) so ft. Must per frontage not eo above save point. Temoorarv Siens See F,xemot Signs 26. ] l 0.030.B Ddetetl: 1.. Chinch, school m public edministsazive building identifcation signs.9 e .Type. The churcA, school or public edminisuazive building idmtificanon sign shell be a freutarrding or wall sign.Q b.. Number. There shall be not mine than two (2) signs permitted long the lot fronage on arry one (I) street, not m ezrad a toW of four (4) sign per lot, subject m the area requiremenu in Paragraph 26.510.130 B.l.u¶ c.. ArcaQ (1). Freutauding sign. The area of afrea[anding sign shW nm «cad ten (10) square feacp (2) . Well sign. The area of swell sign shell not exceed tin (10) square feer9 (3) .Aggregate sign area The aggregae sign area pmnined long the lot frontage on any one (1) ruse[ shall not «cxd one (1)squaref tof aggregate sign area for each three (3) feet of lo[ line frontage occupied by or projected firm the building within which the prinmpal uu is conductd. The aggregate sign area permitted alone the lot fmntege on any azlry shall be wmputed u ifthe allry were a ruse[. In no case shall Ne aggregate sign areafor any one (I) uu on any one (1) fontage exceed twenty (20) square feetQ (4).Illummmion. Thesign may be illuminazed except when located in areaidentid Zone Dirnict•, P39 C. Recreation club or open use recreation site uses. For B all recreation club or open use recreation site ~ ~ .:.-- and the followin si s are [ liens E Deleted: temporary uses, onl i , s ermitted under Section 26.310.030 - -- -- - - _ . xemD ,.-. - d or condlhonal u there shall be not itt trdated: :A _ e permitted and then only if necessary and incidental to a perm not to exceed a total of two one (1) street n e on f t l 1.. 1leueation club a open use rerseation su ag ron ot enspe?ii!il?ed along the more than one (1)si , a y_ aoignaeon signs.A eatinn , (2) signs per IotJ;,- ---_- --------- - -------- -------- - ' ---- ','\ ..Type. The rmreation amb or npm nse rcm ate desi etion si shall be aErwtan mg orw ~ ~ sign 4 ~•, b.. Numbs. Thae Tvoe of Sian Number of Simn Area (Sa. Ftl Maximum Height Comments ,,; : sgn ~ us< di Siens oa of Freestsn egair Deleted:, subled to the array emenu in $1 Og gubpatagrnph lb.Sl0.lI0.C.1 c. Deleted: a . AreaQ ~ (I)_F'°°'V^dtng sign. Ire area of afreestanding Identification No more than See 26 S IO OSO.E, 6' II1nminatlOR •tt ~ nless in a "g" shell not «eaed tm po) agame E«t.A ea of a wall sign shall not Th l i $j~ one 1 S~ aQntment ~ residential zone. Size e ar s gn. (2) .Wal ex°eeatm Oo)agnare fe2{ (freestandine frcestandine Of glen CanROt eXceed (3) Ag&=gat= sign area The ~grcgele sign area the lo[frontwge on any one (I)s"eet uted lon Or Wall Sl n SI 5 T Slx (6) ga. ft. g perm shell not exceed one (1) square toot of aggregaze fron a sign area for rash three (3)feet of lm line frontage occupied by m prole from au area of the lot within which the principal uu is mnduaed. The No more than See 26 510 OSO.E, n/a Illumination unless in a permitted aggregate vgn ar« permitted song the lot frontage on any alley dull be comWted as tithe allry were a two (11 wall S~ allotment , residential zone. Size ao-eet. m no tau shall the eggrcgam dgn ar« rm cecd twenty (20) square EeetA f si s er of lien cannot exceed rontage « anY oru (I) (4). Illumination. Thesign maY be illummaud only fron a six (61 sD ft Must timing hours or normal operation and the nM ao above ague dlumrrunon muA comply with gedion 26.3]5.150, ontdam hghting.A point. See ExemDi Siens. Temoorarv 26.110.030.8 Siens P40 D. Co[nmerrla[ uses. For all Commercial Core (CC), Commercial (C-1), Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Cottunercial (NC), Mixed Use (MU) or Service/ Commercial/Industrial (SCI) Zone District used. There shall be not more than,ppe-of ;'~ , the following three (3) types of signs cer business fmntaee: freestanding signs, projecting signs or wall '~ signs, including a cut out letter sign subject to the area requirements in Subpazagraph 26.510.130.D.l.ce ~~,, Onh liens cermitted under Section 26 510 030 B Exempt liens and the followine liens are nertnitted ~\'•, and then only if accessory and incidental to a cermitted or wndrtlonal use: Tvoe of &gn number of Stens Sten Area Max S . Ft. Freestandine Siens S 6' Size not to exceed six Identification Freestandine ee E 050 510 26 (61 so ft Illumination Simon (freestanding sin 1 cer individual tenant . . . Sim allotment certnitted. , walk nroiectine buildine frontaee. Poan in sandwich 1 ' S rt/g Size not to exceed six board. window, per p al] lien. ee (61 sa ft Illumination or awnine lien) individual tenant 26.510.050.E nt t ll S permitted Must eo building frontaee. me im a o above eave pint. S n/a Size not to exceed six Proiecting or 1 ee E 26 510 050 (61 sa ft Illumination haneine sign. i l . . llotment Si permitted. Must not eo dua per indiv tenant buildine m a above eave Doin[. frontaee. Window Bien. 1 $ee Il~fl CDnrtts tOWardg Slen per window. 26.510.050.E allotment. Cutout allotment Si letters liens count as m 1/2 total area. No[ to exceed 25% of window 2 S n/a Counts towards lien Awning lien. i ee 050 E 510 26 allotment. Cutout letter ng. cer awn . . . llotment Si sign counts as 1/2 total m a area imam Heieht of Comments DelefeA: ,only temporary sigu permitted undo Section 26.510.120, Temporary signs, and Ne following signs are permitted and Nan oNy if ucusory and incidwW m a permitted or condi6onN use:Q l.. Business or occupancy identification signs.9 a .Type. The busineu and owuPanry idwtificmion signs shall be freestanding sigi; prolaTing signs, will sign; including wt w[ letter signs or lettering on mvNngs.Q b.. Number Ddetea: a oambinatiw of two (2) DeleteA: In ddition, Nere shill be w limit on Ne number of businus end ocwpancy identification signs which may be placed in Ne windows of the buaineu; provided Naz said signs shill wont against Ne aggregate sign area permitted u if Ne window sign wu a wt out lever sign. There shill ilso be no limit on the number of awnings which may be lettered; provided Naz said signs shill wont against Ne aggregate sign area permitted u if the window ~', sign wu a wt out lever sign. DeJsstetl: a AreaQ (I) Frartanding sign. The area of a freestanding sign shill nor excad ten (10) square fcatQ (2).P jectinB Sign. The area ofeproistrng sign shill not excad six (6) square feetq (r) W dl sign. The veer of a wall sign shall not exceed ten (10) square fen.q (4) .Awning sign. The area of an awning sign shell not be IimitN, but Ne lettering on Ne awning shall not exwed siz (6) inches in height¶ (5) .Aggregate sign area The aggregate sign area permitted long Ne lot frontage on any one (1) sues shill vat exceed one (1) square fwt of aggregate sign area for each Nree (a) fM of lot line frontage occupied by err projected from the building within which Ne principal use is wnducted. The aggregae sign eras permitted long Ne lot frontage on any alley shell be wmputed u ifNe alley were a street. If Nere is more Hari one (I) use or terunt within Ne princiPil buildin6. Nw Ne aggregate sign area permitted[w each use mtenent within Ne building shill be Net Pmtron of the aggregate sign area as agreed upon by Ne owners end owuparrts of the building. The Community Developmwt Director dull be notifed of such egeemmt and Ne resprctrve proportionate share of signage. In no case shall Ne aggregate sign area for anY one (])use w anY one (I) frontage a<ceed twerrty (20) square [xt9 d.. lucatron. Thebuiness end owupwcy identification sigru shill be locamd on Ne business bring identified, unless Ne business does not have frontage at strew grade. For such businessu, one (1) sign may be located on Ne business ping identrfied aril Ne oNer sign mry be included in a business directory sign.Q e.. Portable and sandwich board signs. Porceble and sandwich bond signs shall be permitted in Ne Commeruil Core (CC) and Commercial (C-1) Zone Districts. Portable end sendwirA board signs are limited to retail and rcstwmnt uses. Portable and sandwich board sigm are prohibited for offrce usu.¶ (1) .Portable sandwich board signs are limited b nine (9) square feG in sift and shall not covet in the aggregae sign areaQ P41 Cornmercia[ Use Siens Continued: Comments Tvoe of Sian Number of Signs Si¢n Area (Sa. Ft.) Sandwich ]cer business No more than side 191 sa ft cer Mrase oOnly permitted fo~ tail Boazd Sien - and restaluattt business with no ground level exposure and/or no visibiliri along the public ri~ht- or wav (excluding allevwavs). Does not count towards sign allotment. Also see ecriteria under 26.510.090.E Business No more than one For 1 to 5 businesses One sc. The portion of the directory sign directory signs f h business ft of sign area cer business used for the associated business directory sign per counts towards that business's lot. For 6 to ]0 businesses Five sa. ~rpn allotment. ft plus'/ sm ft for each business over five businesses Temporary Siens For more than 10 businesses: 7'/ ft plus'/ square foot for each business over ten businesses to a max sign area of 10 sp. ft. See F.xemot Siens 267/0.030.8 pPJe[ed: 2.. Business directory signs 9 a.. Type. The business directory signs shall h wall signs orfr«standing signs.y b.. Numbs. There shill be not more than one (1) business directory sign pa IotQ . Ma The maximum permitted arm of the buameu directory srgn shell be ss fallows:y For 1 m 5 businasea --One square foot of sign arw PC businns~ dDFOr 6 m 10 businesses -Five square f«t plus'/, sgsme foot for mch business over fve businessa 9 ~IpFm more Umn 10 businesses--"/ 12 square f«t, plus Y. square fact for each bminess over ten businesses, b a maximum sign ar« of 10 aquare fea9 ~' 9 ~~•, (Ord No. 162005. § 1) ,', Forsnalted: 9tls pare indent 2 nos ~~,. pgrrlat0ad: Font: BoN ;', Formatted: 4th Para Indent 2 nos, Tab stops: ~•„ Not at 1" ~: tlNetad: 140 Fomsatted: Font. Bold Unless readopted by City Council on or before April 11, 2009,hall be null and void~op 26.510.130, Procedure for sign permit approval and its Subsections (D)(9)( ).. . ... _.. 26.510 10 --- Window displeys_------------------------------------------------------ Window displays of merchandise and representations thereof are not subject to sign regulations, sign square footage and do not require a sign permit, except the following are prohibited in window displays: 1. Televisions, computer monitors or other similar technological devices that create oscillating light. 2. Neon or other gas tube illumination, rope lighhg or low-voltage strip lighting. (Ord. No. 10-2009, § 1) Pat E,ctt~a~t ~•3 2/11 /2010 • Create more simplicity for applicants and Community Development staff • Remove redundancy and inconsistency within current code • Create a code that is responsible to all business owners and provides for simple enforcement Projecting/Hanging Signs aq.uM..~.. 2/11/2010 3 2 P44 Window Signs wecr..~.... 2/11/2010 3 Business Identification/Directory Signs • Overly complex • Not imuitive • Almos[ haH is related to signs on puhlic property • No helpful visual aides • Repetition between Exempt 5(gns and Temporary Signs sections • Aggregate signage calculation and Allotment • Frequent "hand holding° on most sign permits m~cr•M.+•.. • Monitoring sandwich board signs takes a significant amount of time, making enforcement difficult • Most signs are put up without proper permitting procedure • Signs can interfere with right-of-way and visual quality • Held work sessions in'09 with Council and CCLC • Directed stafF to find solutions to limk number of sandwidi board signs 2/11/20'10 5 4 P46 • Proposed Language: • Same dimensional standards • Same design elements (no dry erase, etc.) • Continued for restaurant and retail uses only • "Only allowed far businesses without ground level exposure, or with no visibility along main public right-of-way, excluding alleyways ~o..M.~..~. 2/11 /2010 5 w,~.•..•..,.. • Most non-residential signs are subject to the aggregate signage allotment • Provides 1 sq. ft. of signage for every 3' of lo[ frontage for the building [he business is within • Signage canna[ exceed 2D sq. ft. far a single building fa,-ade, per use • If a building contains multiple husiness on a single fayade, those business must share aggregate signage • Allotment is generally lek totke landlord's discretion saua.~m.• 2/11 /2010 ~ 6 P48 . Permit requirements create frustration: • Requires the applicant to measure ALL the signs of the same use on their fa4ade • Sometimes signs are two stories high and difficult to measure If no aggregate signage is available, applicant cannot install the sign wTU~M.+.. 2/11 /2010 7 One building, multiple tenantr One building, multiple tenantr - say ~.saa= m w. ft a.grex, 1Y S9. fl. i -._ iv~ft ~ ]sq.ft 59iw ~a+s syruxm+sn 2/11 /20104 9 8 P50 .~m..._.,.. -, ~v.d._. 2/11/2010 9 • Most significant change to code • Takes away shared signage element • Each business given its own signage amount • No separation for different uses • Businesses no longer have to measure frontage, other signs • Provided with a new "menu" of sign choices • Reduces permit requirements s.~.rv..".+,.. • Each business is allocated 6 sq. ft. of signage, regardless of frontage size • Buildings withasingle tenant, and half a 61ock ~ ~• ~, length or more are granted 20 sq. ft. vmu...e~.. 2/11 /20101 10 P52 One building, multiple tenants .a~..•..,.. One building, multiple tenants .v,a.,~.,.. • For signage with exceptional design • Grants a 3 sq. ft. sign areabonus • Community Development would review on the following Criteria: • Uniqueness and character of the design • Benefitto pedesttian experien¢ • Artistic expression/neativity • ReDresentaUan (symbolism)ot product sy.ur.r.s 2/11/2010 11 2/11/2016 3 12 P54 RESOLUTION N0. _ (SERIES OF 2010) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE FOLLOWING SECTIONS FO THE CITY OF ASPEN LAND USE CODE: 26.104.100 AND 26.510 WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.710.160, 26.104.100, and 26.510 of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, at a duly noticed public hearing, the Planning and Zoning Commission continued the hearing to consider the proposed amendments as described herein to January 5, 2010. WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on February 16, 2010, took and considered public testimony and the recommendation of the Director and recommended, by a (-)vote, City Council adopt the proposed amendments. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.104.100, Definitions, specifically the definition for Artist Studio, to read as follows: Planning and Zoning Commission Resolution No. _, Series of 2010 Page 1 P55 Artist's Studio. Primarily a fine arts workshop of a light industrial nature such as a sculptor, potter, weaver, carver, jeweler, or other similaz art that requires artistic skill, and not related to personal hygiene or adornment, and secondarily receiving the public and engaging in retail sales on a limited basis. An artist studio may include a teaching or instructional component accessory to the primary use of a fine arts workshop. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.510, Signs, which section defines, describes, authorizes, and regulates Signs within the City of Aspen to read as follows: Chapter 26.510 SIGNS Sec. 26.5 ] 0.010 Sec. 26.510.020 Sec. 26.510.030 Sec. 26.510.040 Sec. 26.510.050 Sec. 26.510.060 Sec. 26.510.070 Sec. 26.510.080 Sec. 26.510.090 Sec. 26.510.100 Sec. 26.510.110 Sec. 26.510.120 Purpose Applicability and scope Procedure for sign permit approval Prohibited signs Sign measurement and allotment Exceptional Sign Bonus Sign setback Sign illumination Sign lettering, logos and graphic designs Sign types and structural characteristics Zone District sign restrictions Window displays 26.510.010. Purpose. The purpose of this Chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards and requirements. Toward this end, the City Council finds that the City is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the City. Signage has a significant impact on the visual character and quality of the City. The proliferation of signs in the City would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City must compete with many other Colorado, national and international resort communities for tourism opportunities. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 2 P56 In order to preserve the City as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being of the City as a place to live, vacation and conduct business. D. Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the City's premier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the City, fostering the "village style" quality of the City and preserving and enhancing scenic views. E. Enable the identification of places of residence and business. F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. H. Permit signs that are compatible with their surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. I. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. J. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. K. Establish sign size in relationship to the scale of the lot's street frontage and building's street frontage along which the sign is to be placed. L. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed and maintained in a safe and satisfactory manner. M. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. N. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians. (Ord. No. 10-2005, § 1) 26.510.020. Applicability and scope. This Chapter shall apply to all signs of whatever nature and wherever located within the City except for the Aspen Highlands Village PUD. Sign regulations for Aspen Highlands Village Planning and Zoning Commission Resolution No. _, Series of 2010 Page 3 P57 PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall be allowed except as permitted by this Chapter. (Ord. No. 10-2005, § 1) 26.510.030. Procedure for sign permit approval. A. Permit required It shall be unlawful to erect, place, construct, reconstruct or relocate any sign without first obtaining a sign permit from the Chief Building Official. Ordinary preventive maintenance including repainting of a lawfully existing sign, which does not involve a change of placement, size, lighting, color or height is exempt from having to obtain a permit. B. Signs not requiring a permit. The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. I. Banners pennants streamers and balloons and other eas-filled fem. Temporary banners, pennants, streamers, balloons and mflatables shall be permitted per Subsection 26.S10.I10.B, Policies regarding signage on public property. Streamers and balloons shall be permitted in association with a retail special event or sale of limited duration. 2. Construction sins. One (1) freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) square feet in area per sign, which are not illuminated and which identify individuals or companies involved in designing, constructing, financing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed thirty (30) days prior to commencement of construction and shall be removed within fourteen (14) days of termination of construction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not identify or advertise a person, product, service or business. 3. Directional instructional or courtesy signs. Signs, not exceeding six inches by thirty inches (6" x 30") in area, which provide direction or instruction to guide persons to facilities intended to serve the public as required by law or necessity. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, accessibility routes, restrictions on smoking or solicitation, delivery or freight entrances, affiliation with motor clubs, acceptance of designated credit cards and other similar signs providing direction or instruction to persons using a facility including courtesy information such as "vacancy," "no vacancy," "open," "closed," and the like. Advertising material of any kind is strictly prohibited on directional, instructional, or courtesy signs. 4. Fine art. Works of fine art which in no way identify or advertise a person, product, service or business. 5. Flags. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. 6. Garage estate yard sale or auction signs. On-site or off-site signs which advertise a private garage, estate, yard sale or auction provided such signs are displayed no more than twice per year per residence for a period not to exceed three days. Sign must be removed at the conclusion of the event. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 4 P58 7. Government signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory or informational purposes, street signs, official messages, warning signs, railroad crossing signs, signs of public service companies indicating danger, or aids to service and safety which are erected by or for the order of government. 8. Historic deli ng ation. Signs placed on or in front of a historic building or site identifying and providing information about a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or the National Register of Historic Sites, which sign shall not exceed six (6) square feet in area, as approved by the Historic Preservation Officer. 9. Holidaydecorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriotic and/or religious holidays, provided that such decorations are maintained in safe condition, do not constitute a fire hazard and that the decorations comply with Section 26.575.150, Outdoor lighting. 10. Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit signs placed on or affixed to vehicles or trailers which are parked on a public right-of--way, public property or private property so as to be visible from a public right- . of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. 11. Interior signs. Signs which are fully located within the interior of any building or within an enclosed lobby or court of any building, which are not visible from the public right of way, adjacent lots or areas outside the building. 12. Memorial signs. Memorial plaques or tablets, grave markers, statuary declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials or other remembrances of persons or events that are noncommercial in nature. 13. Menu signs boxes. An exterior surface mounted or pole mounted sign box which advertises and/or identifies a restaurant menu, drinks or foods offered or special activities incidental to drink and food. One (1) sign per use, with an area not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is located, and which is located on or in front of the building within which the restaurant is located. 14. Movie theater and performance venue signs. Signs not to exceed thirty inches by forty- two inches (30" x 42"), located within the inner or outer lobby, court or entrance, window display, or interior or exterior poster box of a theatre or performance venue. These signs are limited to conveying information regarding movie, theater, music, or other similar artistic performances or events and shall not be used for unrelated commercial content. Variable message displays, televisions, or other forms of digital marquees which may be incidentally visible from the exterior may be used. Only one variable message display, television, or similar digital marquee may be designed to be visible exclusively from the exterior provided it is limited to a thirty-two (32) inch or smaller screen and shall not contain commercial content unrelated to the advertised events. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 5 P59 15. Political Siens. Political signs announcing political candidates seeking public office, political parties or political and public issues shall be permitted provided: a. The total area of all such signs on a lot does not exceed ei¢ht (81 sauare feet. b. All such sign may be erected no sooner than sixty (60) days in advance of the election for which they were made. c. All such signs shall be removed no later than seven (7) after the election for which they were made. d. Political signs may not be placed on public property, rights-of-way adjacent to public property, or within the State Highway 82 traffic way including the round- a-bout and traffic islands. Political signs carried or worn by a person are exempt from these limitations. 16. Pro~rty management signs. A building may have one sign with an area not exceeding one (1) square foot identifying the name and phone number of a contact person or management entity for the property. Multi-Family buildings may have up to one (1) sign per ten (10) residential units. 17. Public notices. Official government notices and legal notices. 18. Real estate for sale or rent sign. Real estate signs advertising the sale or rental of the property upon which the sign is located, provided: a. Type. Areal estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall not be more than one (1) real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Hei ht. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Duration. The temporary sign may be used as long as the property is actively for sale or rent but must be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located 19. Regulatory signs. Regulatory signs erected on private property, such as "no trespassing," which do not exceed two (2) square feet and limited to one (1) per building fapade or property frontage, as applicable. 20. Religious symbols. Religious symbols located on a building or property used for organized religious services. 21. Residential name and address signs. Detached residential dwelling units, duplex units, and multi-family residential dwelling units may have wall or freestanding signs on or in front of the building or portion thereof to identify the street address and/or names of the occupants or name of the dwelling unit. The area of the sign is not to exceed two (2) square feet per dwelling unit. If the sign is for amulti-family residential complex, the total size of all signs shall not exceed twenty (20) square feet. Planning and Zoning Commission Resolution No. _, Series of 2010 Paee 6 P60 22. Street addresses on mailboxes. 23. Vending machine signs. Permanent, non-flashing signs on vending machines, gasoline pumps, ice or milk containers or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use and other similar information. 24. Sandwich board signs carried by a person. Temporary sandwich board signs which are carried by a person and are advertising or identifying a special, unique or limited activity, service, product or sale of a limited duration or identifying a restaurant menu. There shall not be more than one (1) such temporary sign per use at any one time. Sign must not exceed six (6) square feet per side. 25. Securitysigns. Every parcel may display security signs not to exceed an area of six inches wide by six inches long (6" x 6"). Security signs may contain a message, logo or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed in the City right-of- way. 26. Timeshare identification signs. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, Exempt timesharing, may have awall-mounted sign with an area not exceeding two (2) square feet, stating that it has been approved for timesharing and identifying the name and phone number of a contact person or management entity for the property. 27. Tem~orarv Food Vending signs. The food vending permit must include details of the intended signage including size, material and location. 28. Tem~orarv sale signs. Temporary sale signs, announcing special sales of products and services, shall be subject to the following: a. Type. The temporary sale sign shall be placed in the window or windows of the business holding the sale. b. Number. There shall be permitted not more than one (1) temporary sale sign in any window and a total of not more than three (3) temporary sale signs for each use. c. Area. Each temporary sale sign shall not exceed three (3) square feet. d. Duration. Temporary sale signs may be maintained for a period not to exceed fourteen (14) days and shall be removed at the end of the fourteen (14) days or on the day following the end of the sale, whichever shall occur first and shall not be replaced for at least two (2) months following the removal of the sign(s). 29. Temporary streamers and balloons. Temporary streamers and balloons in association with a retail special event or sale of limited duration are permitted. C. Application. A development application for a sign permit shall include the following information: 1. That information required on the form provided by the Community Development Director; Planning and Zoning Commission Resolution No. _, Series of 2010 Page 7 P61 2. A letter of consent from the owner of the building; 3. Proposed location of the sign on the building or parcel; 4. The dimensions, measurements and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other sign located on the property and any other information needed to calculate permitted sign area, height, Type, placement or other requirements of these regulations. 5. Calculation of the applicable signage allotment for the business. See 26.510.... Sign AI lotment D. Determination ojcompleteness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the deficienci5s are remedied. If the application is determined complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. (Ord. No. 10-2005, § 1) 26.510.040. Prohibited signs. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City. A. "A"frame, sandwich board and sidewalk or curb signs except as allowed per Paragraph 26.510.130.D.1.e. B. Billboards and other ojf-premise signs. Billboards and other off-premise signs, including security company signs which do not comply with the regulations set forth in Subsection 26.510.040.B.20 and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.120, Temporary signs. C. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations except as permitted per Section 26.575.150, Outdoor lighting. D. Moving signs. Signs with visible moving, revolving, rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. E. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising or infotTrtation and other gas-filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. Planning and Zoning Commission Resolution No. _, Series of 2010 Paee 8 P62 F. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold. on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days afrer written notification from the Community Development Director and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this Subsection. Signs of historical character shall not be subject to the provisions of this Section. For the purpose of this Section, historical signs are defined to be those signs at least fifty (50) years in age or older. G. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.I.e. K Roof signs. I. Search lights or beacons except as approved per Subsection 26.575.ISO.H, Outdoor lighting, Exemptions. J. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public right-of-way, adjacent lot or building other than the building to which the sign may be accessory. K Signs containing untruthful or misleading information. L. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. M. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of ingress or egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant. N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of--way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. D. Signs in public right-of way. A sign in, on, or above a public right-of--way that in any way interferes with normal or emergency use of that right-of-way. Any sign allowed in a public right- of-way may be ordered removed by the Community Development Director upon notice if the normal or emergency use of that right-of-way is changed to require its removal. P. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor lighting. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 9 P63 Q. Unsafe signs. Any sign which: l . Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 3. Is not kept in good repair; 4. Is capable of causing electrical shocks to persons likely to come into contact with it; 5. In any other way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign; 6. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare; 8. Is located on trees, rocks, light poles or utility poles, except where required by law; or 9. Is located so as to conflict with the clear and open view of devices placed by a public agency for controlling traffic or which obstructs a motorist's clear view of an intersecting road, alley or major driveway. R. Street blimps. Parked or traveling cars used primarily for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's primary use is exempt. S. Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Subsection 26.SIO.110.B, 26.510.060. Sign measurement, location and allotment A. Genera/. In calculating the area allowance for signs in all Zone Districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. B. Two or more faces. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than two feet from one another. The area of the sign shall be taken as the area of the face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal area. (Ord. No. 10-2005, .§ 1) Planning and Zoning Commission Resolution No. _, Series of 2010 Pat=,e 10 P64 // 1 ~~~C~ O~ ~f~110~ ~~g~ Figure 1: Above: Window sign with cutout letters. 8' x 1' (1/2) = 4 sq. ft. total Below: W indow sign with solid backing. 2' x 10' = 20 sq. ft. total Bottom: Sign with irregular shape, 2' x 3' = 6 sq. ft. total 0 0 ~ ~0~~ ~~ ~~o~ ~og~ ~ _~ lo' 2' r C. Sign area. Sign area shall be the area of the smallest four-sided or circular geometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs and their aggregate area shall be credited toward allowable sign area at one-half (''/z) the measured area. 3' P65 D. Sign location and placement. When possible, signs should be located at the same height on buildings with the same block face. Architectural features should not be hidden by sign location. Signs should be consistent with the color, scale, and design of the building and not overpower facades. Desired Style ~i Figure 3 Undesirable Style Sign not covering architectural feature ~~~. `--- Sign covering ~ Figure 4 architectural feature Planning and Zoning Commission Resolution No. _, Series of 2010 Page 12 Signs located at same height Window signs not exceeding 25% of window No consistency in sign height Window signs far more than 25% of window Sign in proportion to building Sign not proportional to building P66 E. Sign Allotment. Non-residential uses shall be allotted six (6) square feet of signage per facade. All frontages with visibility from a public right-of--way shall be subject to separate sign allotments. See section 26.510.060, Exceptional Sign Bonus, to see criteria for increasing sign allotments. Businesses that share occupancy of a single tenant space within a portion of a building shall share the sign allotment. If businesses share occupancy, but there is a clear and definable separation between uses, than each business shall have its own signage allotment. Buildings that contain one (1) tenant and occupy half a block or more shall be granted twenty (20) square feet of signage per applicable frontage. 26.510.060. Exceptional Sign Bonus Proposed signage which includes exceptional design shall have the opportunity to receive a three (3) sq. ft. sign area bonus. Community Development shall review signs pursuing the allotment bonus on the following criteria: 1. Uniqueness and character of the design 2. Quality of materials 3. Benefit to the pedestrian experience 4. Artistic expression/creativity 5. Representation (symbolism) of product The signage bonus may allow the proposed sign to be larger than the zone district specifications and signage allotments allow for. 26.510.070. Sign setback. Signs are not subject to the setback requirements of the Zone District where they are located. (Ord. No. 9-2002, § 12; Ord. No. 10-2005, § 1) 26.510.080. Sign illumination. A. Allowed /llumination. Illumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light from artificial illumination upon any adjacent public right-of--way, surrounding property, residential property or motorist's vision. Illumination shall comply with Section 26.575.150, Outdoor lighting. B. Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. 26.510.080. Sign lettering, logos and graphic designs. A. Lettering. No lettering on any sign, including cut out letter signs, shall exceed twelve (12) inches in height, except that the initial letter in each word shall not exceed eighteen (18) inches in height. Planning and Zoning Commission Resolution No. ,Series of 2010 Page 13 P67 B. Logos. No logo on any sign, including cut out letter signs, shall exceed eighteen inches in height and eighteen inches in length (18" x 18"). (Ord. No. 9-2002, § 12; Ord. No. 10-2005, § 1) 26.510.090. Sign types and structural characteristics A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. B. Projecting or hanging signs. Projecting and hanging signs shall not be higher than the eave line or parapet wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall of the top of the principal building and no sign part, including cut out letters, shall project more than six (6) inches from the building wall. (Ord. No. 10-2005, § 1) D. Awning Signs. Signs (including lettering) may only be placed on first floor awnings with visibility to a public right-of--way or parking loi. No sign may extend above or below the face of an awning. E. Monument Signs. A sign which has a bottom that is permanently affixed to the ground, not a building, shall be considered a monument sign. The size and design shall meet the use requirements for that type of sign. Landscaping must be provided so that the sign transitions into the ground naturally. F. Portable Sandwich Board Signs. Sandwich board signs are two-sided self-supported a- frame signs, or any other two sided portable sign. Sandwich board signs must be made primarily of wood or metal and must have a professional finish. Incorporated inserts must be made out of chalkboard. Dry erase boards are prohibited. A six (6) foot travel width must be maintained on sidewalks and an eight (8) foot travel width on the pedestrian malls. Portable sandwich board signs are not to be left out overnight. The sandwich board sign shall not count towards the sign allotment. Permits for sandwich board signs shall be revocable by the Zoning Officer if the above criteria are not met or, in the opinion of the Zoning Officer, the sign creates a visual nuisance. Planning and Zoning Commission Resolution No. _, Series of 2010 Page 14 Figure 5: Projecting Sign P68 Sec. 26.510.100 Zone District sign restrictions A. Residential uses. For all residential uses, only signs permitted under Section 26.510.030.B, Exempt signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Maximum Area Maximum Height of Comments Signs (Sq. Ft.) Freestanding Signs Identification 1 per multi- 10 5' Direct illumination Sign family complex only, fixtures must be (monument or subdivision shielded and in sign*) entrance compliance with this (monument Chapter and sign only*) 26.575.150 Bed and 1 per street 4 per sign 5' Illumination permitted, Breakfast frontage must be in compliance with this Chapter and 26.575.150 Home 1 per street 4 per sign 5' Illumination allowed Occupation frontage only when it is identifying a home occupation of an emergency service nature Temporary See Exempt Signs, Signs 26.110.030.8 Planning and Zoning Commission Resolution No. _, Series of 2010 Page 15 P69 B. Institutional u temporary signs pe are permitted and t shall be not more th exceed a total of fo Type of Sign ses. For all church, school and public administrative building uses, only rmitted under Section 26.510.030.B, Exempt signs, and the following signs hen only if necessary and incidental to a permitted or conditional use (there an two (2) signs permitted along the lot frontage on any one (1) street, not to ur (4) signs per lot): Number of Sign Area (Sq. Ft.) of Freestandingt Comments Signs Signs Identification 6° Illumination No more than See 26.SIO.OSO.E, ermitted, unless in a P Sign two (2) Sign allotment residential zone. Size (freestanding, freestanding of sign cannot exceed wall, or signs per six (6) sq. ft. projecting sign frontage No more than See 26.510.O50.E, n/a Illumination permitted, unless in a two (2) wall Sign allotment residential zone. Size signs per of sign cannot exceed frontage six (6) sq. ft. Must not go above eave point. No more than See 26.510.O50.E, n/a Illumination permitted, unless in a two (2) Sign allotment residential zone. Size projecting or of sign cannot exceed hanging signs six (6) sq. ft. Must per frontage. not go above eave point. See Exempt Signs, Temporary 26.110.030. B Signs Planning and Zoning Commission Resolution No. _, Series of 2010 Paue 16 P70 C. Recreation club or open use recreation site uses. For all recreation club or open use recreation site uses, only signs permitted under Section 26.510.030.B, Exempt signs, and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use (there shall be not more than one (1) signs permitted along the lot frontage on any one (1) street, not to exceed a total of two (2) signs per lot): Type of Sign Number of Sign Area (Sq. Ft.) Maximum Height Comments Si ns g of Freestanding Signs Identification No more than See 26.510.O50.E, 6' Illumination Sign one (1) Sign allotment permitted, unless in a (freestanding freestanding residential zone. Size or wall sign) signs per of sign cannot exceed frontage six (6) sq. ft. No more than See 26.510.O50.E, n/a Illumination two (1) wall Sign allotment permitted, unless in a signs per residential zone. Size frontage of sign cannot exceed six (6) sq. ft. Must not go above eave point. Temporary See Exempt Signs, Signs 26.110.030.8 Planning and Zoning Commission Resolution No. _, Series of 2010 Page 17 P71 D. Commercial uses. For all Commercial Core (CC), Commercial (C-1), Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Commercial (NC), Mixed Use (MU) or Service/ Commercial/industrial (SCI) Zone District uses. There shall be not more than one of the following three (3) types of signs per business frontage: freestanding signs, projecting signs or wall signs, including a cut out letter sign subject to the area requirements in Subparagraph 26.510.130.D.1.c. Only signs permitted under Section 26.510.030.B, Exempt signs, and the following signs are permitted and then only if accessory and incidental to a aermitted or conditional use: Type of Sign Number of Sign Area Maximum Height of Comments Signs (Sq. Ft.) Freestanding Signs Identification Freestanding See 6' Size not to exceed six Sign sign. 1 per 26.S10.OSO.E, (6) sq. ft. Illumination (freestanding, individual tenant Sign allotment permitted. wall, projecting building frontage. /hanging, sandwich Wall sign. 1 per See ^/a Size not to exceed six board, window, individual tenant 26.5 l0.OS0.E, (6) sq. ft. Illumination or awning sign) building frontage. Sign allotment ermitted. Must go P above eave point. Projecting or See n/a Size not to exceed six hanging sign. 1 26.S10.OS0.E, (6) sq. ft. Illumination per individual Sign allotment permitted. Must not go tenant building above eave point. frontage. Window sign. 1 See n/a Counts towards sign per window. 26.S10.OS0.E, allotment. Cutout Sign allotment letters signs count as ~ total area. Not to 1/2 exceed 2S% of window Awning sign. 2 See n/a Counts towards sign per awning. 26.S10.OSO.E, allotment. Cutout letter sign counts as 1 /2 total Sign allotment area Planning and Zoning Commission Resolution No. _, Series of 2010 Pace lA P72 Commercial Use Signs Continued: Type of Sign Number of Sign Area (Sq. Ft.) Comments Signs Sandwich 1 per business No more than nine (9) sq. ft. Must obtain permit. No dry Board Sign per side erase. Only permitted for retail and restaurant business with no ground level exposure and/or no visibility along the public right- or-way (excluding alleyways). Does not count towards sign allotment. Also see a criteria under 26.510.090.E Business No more than For 1 to 5 businesses: One sq. The portion of the directory sign directory signs one (1) business ft. of sign area per business used for the associated business ' directory sign per s counts towards that business lot sign allotment. . For 6 to ] 0 businesses: Five sq. ft. plus '/z sq. ft. for each business over five businesses For more than 10 businesses: 7 '/: sq. ft. plus Y< square foot for each business over ten businesses, to a max sign area of 10 sq. ft. Temporary See Exempt Signs, 26.110.030.8 Signs Unless readopted by City Council on or before April Il, 2005, the provisions of Section 26.510.130, Procedure for sign permit approval and its Subsections (D)(5)(3)??? shall be null and void. 26.510.110. Window displays. Window displays of merchandise and representations thereof are not subject to sign regulations, sign square footage and do not require a sign permit, except the following are prohibited in window displays: 1. Televisions, computer monitors or other similar technological devices that create oscillating light. 2. Neon or other gas tube illumination, rope lighting or low-voltage strip lighting. (Ord. No. 10-2005, § 1) Planning and Zoning Commission Resolution No. _, Series of 2010 Page 19 P73 Section 4• A public hearing on the Resolution was held on the 16`" day of February, 2010, at 4:30 p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. FINALLY, adopted, passed and approved this day of , 2010. Attest: City Clerk Approved as to form: City Attorney Planning and Zoning Commission Resolution No. _, Series of 2010 Page 20 Stan Gibbs, Chair