HomeMy WebLinkAboutagenda.apz.20100504AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, May 4, 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. Miscellaneous Code Amendments (continued from 4/20)
B. Silverlining Ranch 91490 Ute Ave., Change in Use
VL OTHER BUSINESS
VII. BOARD REPORTS
VIII. ADJOURN
Next Resolution Number: 10
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Chris Bendon, Community Development Director
Drew Alexander, Interim Zoning Officer
RE: Land Use Code Amendments -Resolution No. _, Series 2010 -Public Hearine
Signage, 26.510
Miscellaneous Regulations, 25.575
MEETING
DATE: May 4, 2010
SUMMARY:
The City of Aspen Community Development Department has revisited the draft Signage
Code and made changes in response to Planning and Zoning Commissioners comments.
Staff would like to receive direction on the remaining portions of the Sign Code and
make the necessary decisions that will allow for a final draft. Staff will have a
PowerPoint to assist with this process.
SIGNAGE:
Staff heard several important items from the Commissioners at the last meeting.- The
following is a summary of the feedback:
• The Commission favors a reduction in the number sandwich board signs, but
the language needs more clazity and direction
• Awning signage may need adjustments before a draft can be finalized
• The proposed Exceptional Sign Bonus should be removed from the draft
• The Commission was in favor a simplified standazd signage amount for all
businesses, but the exact amount is still uncleaz.
In addition to the items listed above, there are still a few remaining decision points. Staff
feels that we have had the necessary "big picture" discussion on the Sign Code to
understand why we are proposing changes and what potential outcomes these decisions
could have. Staff asks that the Commission be prepared to answer questions related to
specific areas of the Sign Code, including:
• Sign size/allotment
• Awning Signs
• Sandwich Boazd Signs
MISCELLANEOUS REGULATIONS:
Staff has 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
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that aze more substantive in nature. Before proceeding too far, 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 regazding confusing or otherwise
frustrating language that they would like fixed.
APPLICANT:
City of Aspen
PREVIOUS ACTION:
Sins:
The Planning and Zoning Commission has discussed the current Sign Code. General
suggestions were made at the February 16`h and January Sa' public hearings. Community
Development Staff also met with City Council in September of 2009 to discuss possible
Sign Code Changes. The direction from the Council work session, P&Z, and Staff
suggestions have led to the proposed draft Sign Code.
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 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.1 -Existing text for Sign Code
Exhibit A.2 -Redline Version of Sign Code
Resolution No. , 20] 0, for Sign Code
~x1~ ~ t3 t i ,J4 ~ ~ P 3
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 chazacteristics
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.
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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. ]0-2005, § 1)
26.510.020. Applicability apd 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 26.510.110.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.
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4. 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.
5. 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 no way 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.
]0. 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 26.575.150, 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.
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14. 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.
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. Residential name and address signs. Every detached residential dwuar~e f eet~tooidentieXthe sweet
have mailbox or wall signs with an area not to exceed two (2) sq fY
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:
l . 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. 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 on the property and any other
information needed to calculate permitted sign area, height, type, placement or other requirements
of these regulations.
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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
26.575.150, 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 tights, 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. Obsofete 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,
historical signs are defined to be those signs at least fifty (50) yeazs in age or older.
G. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.I.e.
H. Roof signs.
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1. Search lights or beacons except as approved per Subsection 2(i.575.I50.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.
R. 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. Sighs 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-oj 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:
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.
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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.IIO.B,
Policies regarding signage on public property. (Ord. No. 55-2000, § 13; Ord. No. 11-2001, § l; Ord. No.
10-2005, § 1)
26.510.050. Sign measurement.
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. Sign area. Sign area shall lie 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,
§ )
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, § 12; 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)
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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.
8. 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.S10.110.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 on certain public property. The regulations
herein include (a) signage on public rights-of--way, (b) banners and flags on light posts on Main
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 aze 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
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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.
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b. Size/Number/Material: Only two signs per evenUorganization 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 event, date,
time, names and location of the event, as well as sponsorship names and logos; provided,
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. CosUFees/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 Section shall be erected and
maintained for a period not to exceed fourteen (14) days prior to the date of which the
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 amactive 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 Sheet, 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.
P13
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 orcontent 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
26.510.1 ]O.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
forwazded 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 Pazk (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 aze 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
P14
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 typically
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.
c. 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/Pees/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.
8. 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.
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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. Cost/Fees/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.
7. 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 Tight posts or signs other than those hanging across Main Street at
Third Street.
b. Size/number/material: Banners must consist bf the following specifications:
(1) Any type of durable material;
(2) Semi circular wind holes in banner;
(3) Metal rivets at all corners 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
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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. CostlFees/Procedures.
(1) A Main Street banner application and banner policy and procedure form must be obtained
from the City Manager's office and completed by the party making the request and
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 his/her
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, § l)
26.510.120. Temporary signs.
A. Genera[. 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.
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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) squaze feet.
d. Height. The height of the temporary sign shall not exceed five (S) 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:
1. 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 26.510.1 10.B, 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.
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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).
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 fallowing:
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. (Ord. No. 10-2005, § 1)
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 26.510.070, 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. Number. There shall be not more than two (2) signs permitted along the lot frontage on any
one (1) street, not to exceed a total of four (4) signs per lot, subject to the area requirements in
Paragraph 26.510.130.B.1.c.
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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 azea 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:
1. 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 (1) 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:
I. 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.
P20
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 azea 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 (] 0) 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) 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.
(5) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one'
(1) street shall not exceed one (]) 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 boazd 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 pedestrjan malls.
P21
(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. T'he 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 I to 5 businesses - -One square foot of sign area per business
• For 6 to 10 businesses- -I~ ive square feet plus '/z square foot for each business
over five businesses.
• For more than 10 businesses- -7 112 square feet, plus '/a square foot for each
business over ten businesses, to a maximum sign area of ] 0 square feet.
(Ord. No. ] 0-2005, § 1)
26.510.140. Window displays.
Window displays of rnercl~andise 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)
P22
~x ~161T ~ r~-
Chapter 26.510
SIGNS
Sec. 26.510.010 Purpose
Sec. 26.510.020 Applicability and scope
Sec. 26.510.030 Procedure for sign permit approval
Sec. 26.510.040 Prohibited signs
Sec. 26.510.050 Sign measurement and pll_~uncnt
_
'h ~lll~l(ll Si~~n setback
_ ----_--_-_---. {Deleted: sec. 26.510.060 Sign
Sec 26.510 07 ; Sign illumination ~
Sec. 26.510.I1S0 Sign lettering, logos and graphic designs -.---
Deleted: so
- -
Sec. 26.510. ~0 Sign t~ ~zs a~~d stru~tur::I characteristics
_- _L __ -- -__--- ----- ---- ---
~ Deleted:09o.Strucmrel
Sec. 26S 10.1 OtZ Zone District sign restrictions '
Sec- 26.510.1 Ill Window dis la s
- - p y Deleted: loo - Nonwnformin si s
s g"
..._- ~ Sec 26510.110
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 intemationa] 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.
E. Enable the identification of places of residence acid business.
P23
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.
~{,. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed ...
_ _ --
and maintained in a safe and satisfactory manner.
I_. 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.
Vii. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists,
bicyclists or pedestrians. (Ord. No. 10-200, § 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 first obtaining a sign permit from the Chief Building OfficiaL_ t~rdinan~_preventive maintenance
Deleted: K.. Establish sign size in relazionship to
the scale of the lot's sveet frontage and building's
street frontage along which the sign is to 6e placed.¶
L
,f,'~_ Si;~~rc ,rr~r rc~.rrririrr-~ ;r ~~-rn,ir. The following signs or sign activities shall be exempt from obtaining a Deleted: e.. e.~,rrFr.rrb„:.
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 pennants streamers and balloons and other gas-filled figures. Temporary banners,
pennants, streamers, balloons and inflatables shall be permitted per f :~ixl_ t'sc Cn,l._ S~cti~n _
_ Policies regarding signage on public property. ~~ n p~rm_mant Streamers: Deleted:suhsectien26.sto.tto.li ~
t~~:,;,,~!l, and balloons shall be permitted in association with a retail special event or sale of
limited duration.
Z. 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
P24
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. Desienated puhlic_pi,stin~_s~n; - tiicns_ suc_h_as_~cuiccrt :uin~,unc~~mcnts`~ecial event
notifications :end .rand oneninas c:ut he j,lacrcl on detiienated public Pontine areas such as the
:\CR_;~ l:io;k adjuent to the pedestrian mall,
4. Direction instructional. nr rourt~;y si ns. Si ns, not exceedin ,nx ::n,i ,,,;~ ,,: { I '~ Deleted: of
~~---- - --_- ..~-,~._. _ g g _ - -1
dI LIfC t:Ct ~n area, Wh1Ch pCOVlde dlrectlOri Or ]ristructlon to guide peCSOnS to faClllYieS intended to ~,~ Deleted: six inches by thirty inches (6" x 30")
serve the public as required by law or necessity Such signs include those identifying restrooms, -,
public telephones, public walkways, public entrances, freight entrances, ,:~~ _ ,I I1.„~. nuttc,
restriction; tin ;m,,kin ~ c,r ;elicitation, 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~ncluding ~y,:ut~sy_iniiu mati~m +nCh as ~ \aCani\" ll,: \ Ili to"\. ~ "llhtll.~~ ~ D¢I¢ted: but not
"cJe~rd." .uul the like. Advertising material of any kind is strictly prohibited on directional, j peleted:thosasignsacoessorytoparkingarcas.
instructional or cqune~~ signs. ~ Deleted: ana
~. Fine art. Works of fine art which in no way identify or advertise a person, product, service or
business.
6. Flans. Flags, emblems and insignia of political or religious organizations providing such flags,
emblems and insignia are displayed for noncommercial purposes.
age, estate, vard sale or auctionprovi
per residence for a period not to exceed
the event.
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 nr i_ntiirin:uional .purposes, street signs, official m~>;a_rs_ warning signs, railroad
crossing signs, signs of public service companies indicating dange>R ~~r aids to service and safety {Deleted: ana j
which aze erected by or for the order of government.
9. Historic desi ng ation. Signs placed on or in front of a historic building ~~r_;itJidentifying~~I Deleted: the structure as
pro,idin~ infoi~nn:ttion about a property listed on the Aspen Inventory of Historic Landmark Sites
and Structures er tho National Register of Historic Sites which sign shall ]not exceed six (6) D¢leted: beawall sign
square feet in area as approved by the Historic Preservation t)fiir,~r• Deleted: to
10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on
traditionally accepted civic, patriotic and/or religious holidays, provided that such decorations aze
maintained in safe condition, do not constitute a fire hazard and that the decorations comply with
Section 26.575.150, 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.
P25
12. Interior si>?ns. 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.
13. 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.
14.
oml li~cul. One (I) 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 J? Incate~l „n or~n front ~tt_t_he h~,il,line«ithin
t~l .'a lh~ restaurants, lu~;u~.i. _ _ ----- -----
~b ltiClt ad~'Crt1SeS _-_ --I Deleted:l5.-Menu signs and real estate picture
„~id~ntal to drink I` boxes.
16. Pr~liti~~l-~i_ns_I'alitical signs announcing_political candidates seeking public office political
p;;rtir; „r.h~~litic_tl and public issues shall be permitted provided:
a. The total area of al l such signs on a lot does not exceed eight (S) square feet.
b All such sigtt may be erected no sooner than sixty (60) days in advance of the election for
which they were made.
c. All such suns shall be removed no later than seven (7) after the election for which then
were made.
d. Political si ns may not be placed on public properiv, rights-of-~vav adjacent to public
limitations.
I `. Public notices. Official government notices and legal notices.
19. I'riictical purptt>c 'iens, 1'i icti~al auto crcct~a tut nrical~
-Deleted: advertises and/
Deleted: identifies a
' Deleted: menu, drinks or foods offered or special
~ activities incidental to drink and food service or real
estate offering
announcinga suecial events or functions which do not exceed t~vo (2) square feet and limited to
one (1) per buildine facade or property frontage, as analicable.
provided that it is not mounted on the exterior of the building.
P26
20. 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. A real estate for sale or rent sign shall be a freestanding or wall Bien.
b. Number. There shall not be more than one (11 real estate for sale or rent super unit.
c. Area. The area of the temporary sien shall not exceed three (3) square feet.
d. Height. The height of the tetporary sign shall not exceed five (5) feet as measured from
the grade at the base of the sign.
~. Duration. fhe temporary sien may be used as Ions; as [he 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
21. Regulatory signs. Regttlatorv signs erected on private property, such as "no tres~ssing:' ~+~hich
do not exceed two (2) square feet and limited to one (l~oer building far~ade or pronertv frontage,
as applicable.
22. Religious symbols. Religious symbols located on a building or property used for organized
relieious services.
23.
2~. Street addresses on mailboxes.
25. rSandwich board signs carried ~ aperson. Temporary sandwich board siens which are carried by
a person and are advertising or identifying a special, unique or limited activity, service, product or
ssle of a limited duration or identifyine a restaurant menu. There shall not be more than one (Il
such temporary sign per use at any one time. Sign must not exceed six (6) square feet per side.
26. Securi , 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.
27. Timeshare identification siens. A building that is approved for exempt timesharing, pursuant to
Section 26.590.030, Exempt timesharing, nay 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.
28. Temporary food vending signs. The food vending_~ermit must include details of the intended
si~na~e including size, material and location.
29. 1 .: . ~ r ir; atlc: ~i`t~, 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.
_-; - l ueleted: One (I) frces[anding or wall sign per
detached
- ~ leted: unit or
Deleted: unit, with an area not exceeding two (2)
square feet, which identifies the name of the
occupant and
1 Deleted: of the
Deleted:<y>Vendinemachinesiens. Permanent,
non-flashing signs on vending machines, gasoline
pL;mps, 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 az to use and
other similar information.¶
Deleted: shall
the sien is for amulti-family residential complex, the total size of all suns shall not exceed
riventy 120Lsquarc feet.
P27
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 ceplaced for at
least two (2) months following the removal of the sign(s).
30. Vending machine signs. Pennanent.,_potentially internally illuminated but non-flashin~2 signs on
vending machines. gasoline_pumps, ice or milk containers or other similaz machines indicating
only the contents of such devices. the pricing of the contents contained within, directional or
instructional information as to use and other similaz information.
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 consent from the owner of the building;
3. Proposed location of the sign on the building or parcel;
Fl. 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.
D._Determinatian of comp[etezzess. 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 tlme 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
consistelmcy 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.
Deleted: 3.. 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;
andQ
s
:a. ":9 " jrume, smzrhricl: bnurr! nnrf sidemra(k or curb signs except as a!lox~ed per Paragraph
Zh.570.1;0.D.1.e.
P28
B. Pcrrrrrurenr Banners and pennants used for commercial purposes not associated with a special _
event approved by the Special Events Committee approval per Subsection 26.510.11 ~ B, I Deleted: rro
C. Billboards and other off-premise signs. Billboards and other off-premise signs, including secwity
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.
D. 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.
E. 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.
F. 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.
G. 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 failwe 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 chazacter 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.
H. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.1.e.
1. Roof signs.
J. Search lights or beacons except as approved per Subsection 26.57.S.ISO.H, Outdoor lighting,
Exemptions.
K 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.
L. Signs containing untruthful ar misleading information.
M. 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.
N. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of
im_r~s; ~~r 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. i ~eieted: regal
O. 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
P29
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.
P. Signs in public right-ojway. A sign in, on, or above a public right-of--way that in any way interferes Deleted: wer ___
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 Cammunity Development Director upon notice if the normal or emergency use of
that right-of--way is changed to require its removal.
Q. 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.
R. Strings of light and strip lighting. Strip lighting outlining commercial strnctwes and used to attract
attention far commercial purposes and strings of light bulbs used in any connection with cammercial
premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor lighting.
S. Unsafe signs. Arty sign which:
1. [s structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation;
3. [s not kept in good repair;
4. (s 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 ]aw; 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.
~------
26.510.0,(1, 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. ~~~ ~ectinn 26.~10.060.C .Sign .-lre>n tilt ih~
B. Two or more faces. Where a sign has rivo 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 hvo feet from one another. The area of the sign shall be taken as the azea 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-
200~, § 1)
Deleted: Policies regarding signage on public
property. (Ord. No. 55-2000, § l3; Ord. No 11-
2001, § 1; Ord. No. 10-2005, § I)¶
P30
C. Sign area. Sign area shall be the area of the snrallca_tour-:i~~~~i nr rir ular ~~~omctric_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 area.
/i~~o~Q of~~G~u~ ~og~
i,
Figure 1: Above: Window sign with cutout letters. (8' x 1'! * .5 = 4 sq. ft. total
Below: Window sign with solid backing. 2' x 10' = 20 sq. ft. total
Bottom: Sign with irregular shape, 2' x 3' = 6 sq. ft. total
O
O
~ ~SU~c~ off ~~og ~og~
10'
f
l
3'
P31
Desired Srile
Figure 3
Fieure a
~ U!i rlnw cion5
ter"
architectural not exceeding
feature 25% of window
architectural
feature
Window signs
far more than
25% of window
Sign in
proportion
to building
Sign nat
proportional
to building
P32
E. SIQn Allotment. Non-residential uses. other than lodee uses. shall be allotted six (6) square feet of
Businesses that share occuoancy of a single tenant space within a portion of a buildin;; 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 o~s~n signaee allotment.
Buildings that contain one (1) tenant and occupy half a block or more shall bedranted hventy (20) square
feet of si,n_it.~ her ~hhlicablc t'rnnta~c.
2G.SIO.OG(l. Sign setback.
Signs are not subject to the setback requirements of the Zone District where they are located
~Ortl. No. 9-Z01)2. s 12;_tlal_Nn. 10-~OOi. ~ I)
26.510170. Sign illumination.
A. .-tllotved //hu~ti~r„rron_ 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-~vay, surrounding property, residential
property or motorist's vision. Illumination shall comply with Section 26.575. I50, Outdoor lightingt
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.
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 tv es and haracteristics
A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (1 ~}
feet, whichever is less and shall be a minimum of eight (8) feet above grade when located adjacent to a
pedestrian way.
Deleted: (Ord. No. 9-2002, § 12; Ord. No~t0.
2005. § 1)
j Deleted: ono _
^~ D¢1¢t¢d: /3.. Shielding i!luminalion.
Deleted: (Ord. Na 10-2005,§ I)
Deleted: Structural
Deleted:
' D¢I¢t¢d: The following limitations shall apply to
all freestanding, projecting and wall signs ~
B. Irlerui rcation .ci_~ns. Suns intended to identity Ilre name n!a subdivision, multi-family residentinl
ca»rpler, mnhile home nark, or business name. IdentiTcation signs s/rall be t'isible from the nublic
right-o( tt'al' Of pfit'ate Street.
P33
B. Projecting or lrrrrr:;ir,~ signs.
Projecting;in+f hancin~ 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)
~. _ .9wrting Sign, Signs (includingr_
lettering) may nnl~ I+i'_ ,iced on first
Floor or _ lo++'er_ i~+rl a++nin:~; ++ilh
visibility to ;1 public right-of-way_rn
parkins lot. \,~_sign,tn:.,~ ,rd~i;ct above.
pelow, or aft of .:n :I„ ~;in_.
(6) foot travel width must be maintained on sidewalks and an eight (8) foot travel width on the pedestrian
malls._P,xlabl~_s,lnti+si~h hulr+l :i~u,_,r~_,ln~t l,~ h~ 1+ltmrt i~+uni4h(. l he ,nnrh+ICh hn:lnl ~i ~n_~h;lll l;,~t
~rn;nt n,++:;rds the :i„n alll~imrnt.
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, Sal;+i~~.c.l]_ h~>; rd ~icn
n .t ;Ilse +rnnhlt' ++rth ihr> c rertuir~ ~ cnl, l:,nlnd +vithin Section ?6.~ I l}.ii90_D. ~~
Deleted: 9
26.510.100. Nonconforming signs.¶
Nonconforming signs which were in existence an or
before May 25, 1988, shall be discontinued on or
before November 25, 1988. (Ord. No. 10-2005, § l}¶
Deleted: 25510.1 ]0.
Deleted: on -s
Deleted: in, on, over
Deleted: any land or
Deleted: -way or on any property, including light
pasts, belonging tc the City without the permission
of ,he City Council or in compliance with Subsection
26.5101 ID. B, Policies regarding signage on public
property. However, this
Figure 5: Proiectin¢ Sien
P34
Sec. 26.510.100 Zone District sign restrictions
.-I. Recitlentia! uses. For all residential uses, onlLsiens Permitted unti~r Sections 6.510.030.Fi. Gxern t .•
signs and xhe following 6signs are~ermitted,~nd then only if accessory and incidental to a permitted or
conditional use: ,
.+.
I \~lc ill tl~n ~utn her Of Ala\Itll ll lrl ~~rl'a Ala\Inlll nl IICI~'ht Ot ~~Il rll 111 i`..
Sins St . FL Frccstantlinsr ~i<<nc
Id~nlitiration 1 Pernwlli- I1} ~' I)ircrt illumination
~i_n (t\all. family comhlc y cnlly, fixtures must I~
lirc~randine or subdivision shielded and in
Ills Il U111Cnt entrance, or L'Omp11811Ci: 'N;f~l Iill~
~n`I nltlhil_e Ixml~ Chapter an,!
p;irl; 26.575.1 >tl
13ed :end I n.r s;rect 1_Lt_r >i~n ft' Illumination rermirt.::a.
Rre;tkf;la Inintae~ must be in com~iar,;
with this Chapter anal
X6.575.150
1lUlllt lnerstreet -lneill'il
-. ~ f7~ Illuminationallo\\r,i
OCCl~laht!Il Irontace Only \vhen It IS
identifti ine a hom.:
OCCUn~tlt~n (lt 811
emerncac~. <<; ~ ire.
nature
1'.~!II~ ~'i f l it rl,:rl ji
Deleted: 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.q
B.. Policies regarding signage on public property.Q
1. Purpose of regulations. The purpose of these
regulations is to establish reasonable regulations for
the posting of temporary signs, displays and banners
on certain public property. The regulations herein
include (a) signage on public rights-of-way, (6)
banners and flags on Tight posts on Main Svece, (c}
Deleted: on public buildings. These regulations
shall be read m conjunction with this Chapter
Deleted: are not intended to supersede the `
regulations of signs as set forth therein.Q
Temporary signs and displays provide an important
medium through which individuals may convey a
variety of noncommercial and wmmercial messages.
to property
supplement this Chapter and to assist City staff to
implement the regulations adopted by the City
Council. These regulazions are adopted to~.Q
a. Balance the rights of individuals to wnvey their
messages through temporary signs or displays and
the right of the public to be protected against
unrestricted proliferation of signs and displays;Q
b. Further the objectives of this Chapter, Si
Deleted: definitions shall apply:q
banner means any sign of lightweight fabric, plastic
or similar material that is attached to any strvcture,
pole, line or vehicle and possessing characters,
letters, illustrations or ornamentations.Q
Banner, light post means any sign of lightweight
fabric, plastic or similar material that is attached to a
light post and possessing characters, letters,
dlusvations or ornamentations which meets the
dimensional requirements for and is intended to be
Deleted: 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 Sveet light posts or
hanging across Main Street that arc subject to
different regulations and criteria.q
b. SizeNumberMaterial~ 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 maw
Deleted: 4, .Real estate for sale or rent sign. -..~~
Temporary real estate signs advertising the sale or
rental o(the property upon which the sign is located,
subject to the following:q
a Type. The temporary real estate for sale or rent
sign shall be a freestanding or wall sign.q
b. Number. There shall be not more than one (1)
temporary real estate for sale or rent sign per umt,Q
a .Area. The area of the temporary start shall not
P35
B. ~tnc, culrrrra/, chic, arrr/ ncadenur uses. For all ~irts. cultural. ail c. n~i .tcademic uses, only (Deleted:ru~r;rmom!
_. _. _ _ - -
temporary signs permitted under Section 26.510,1). ~0 13 f;~em~tt signs, and the following signs are ;Deleted: church, school and public administrative
permitted and then only if necessary and incidental to a permitted or conditional use there shall he not 'building
ntlnc than hw (_2) <iCn: lt~lmitt~d afon ~ thc_lot 1~rnnltl c l)n anv nnr~_I I 1 - ~ ~i_ II~,I tl) r.~c~~d a total Of~fi~ui j Deleted: 120, Temporary
t-tl si<__>ns per loth; -
1 \ lle Ill till'll ~UC11hel" Ill 11°Il .91'C.1 (tiq. tl.) ~IaCIIt1UR1 EEl r~ht ( 1':11iI: ri1I~
-_-- ---
Sins of frcestandin;t
~I~RS
IliellllllC:lIk111 \o more Ihall See 26.510.0iQF, 6' illununatun]
Sian -^`_ f\t'O 2 .S~rl njlOrntPi71 ~ -~ l,i'rltll[tc tl, LIIIIC?} ~_I .I
~eestandine, tieestand
in~ r_:idential zone, tit -,.
1+:11L gr _
siens per Itf lien cannot e~e~ ~ .i
h_~~~rlin>? lien fronta_~ six (6) sn. ft.
~'o more ]h;ul tiec 2~,.~ID.O~(1_E n_t Illumination
i t\(t 2 W3El ,17t>t] (Ji~nrlt K'l71 pe rl11il1ed. Lllll~ ~~< :^ .t
;ien_ s per
i~Lluttace residential zon~_ ~ii,~
L~r siQn cannot e~c<<,i
;is fit s,~._R. _ ~'iua
Ili)1 _ - ...,.
pOlltl.
\~t nulre Ihan
_ .. -
;',~1, ~?>~ See 26.S1QO~O.E,
- -
.ti7gn allnnnelrl n u lllumination
hi•rmitted, unhas in a
;~roiectineor
huneine siens residcntialzone. Si~~
u1 sign cannot esc. ll
•.r Ironta,e. ;i~ (6) sq. t~. V1u_)
I1l!I LO ahUVe c11'l
t~~!int. --
I~mpnrarv Sl~fisenl~t,~r_~ .
Deleted: 1, .Church, school or public
adminisrative building identification signaQ
a .Type. The church, school or public
administrative building identification sign shall be a
freestanding or wall sign.¶
b- .Number. There shall be not more than two (2)
signs permitted along the lot frontage on any one (1)
street, not to exceed a total of four (4) signs per lot,
subject to the area requirements in Paragraph
26.510.130. B.1 c.¶
c. AreaQ
(1) Freestanding sign The area of a freestanding
sign shall not exceed ten (10) squaze 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) sVeet
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 aggregae
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
(I) use on any one (I) frontage exceed twenty (20)
square feet.¶
(4) Illumination. The sign may be illuminated
esceot when located in a residential Zone DisVict.9
P36
C. Recreative:apses. For~.~._r~•<itiinuil, uses, only signs permitted under Section 26.510.0,
;inn;. and the following signs are permitted and then only if necessary and incidental to a
conditional u 1lhcre shall be not more than one (1), inn permitted along the lot frontage or
street, not to exceed a total of two (2) signs per loth;
or
t\ pr of Si:;ti \untbrr of ila~inn,m l lcit'hl ('nnunrnt.
Sins Si~_n .~rca (Sg. Ft.l
of Frceshlndin~
SIQIIS
ICIc lllllll'a110I7 1~10111OrC Lltan See 26S 10.00. E, 6' Illumination
Si~~n one 1 .Sig+r n(lnln)en1 permitted, unless in a
(frecstandina freestandinc residential zone, tit?c
or wall lien sins ner of sif:n cannot exce.~l
fCC+17t:1;~C Slx (61 suit.
\n ntnre than See 26S 10.050-G n%a Illuminatit~n
two (1) ~~all Ci~n allnlnrcnl pemmitted. II;1!~.< in ;t
~i~_ns nor residential ~un~ii
frctntar~e of si;:n cannot exec: ~+
nqt ^t, :,hen ~ .~.r~
Oml,
Deleted: club or open use reereafiort site
Deleted: all recreation club or open use recreation
site
Deleted: q
1. Recreation club or open use recreation site
designation signs.¶
a .Type. The recreation club or open use reueation
site designation sign shall be a freestanding or wall
b. Number There
ue+e[ea: sign per use
Deleted: , subject to the area requirements in
Deleted: c.. AreaQ
(1) . Freestanding sign. The area of a freestanding
sign shall not exceed ten (10) square feeLQ
(2) . Wall sign. The area of a wall sign shall not
exceed ten (10) square fea.Q
(3) .Aggregate sign area The aggregate sign area
permitted along the lot frontage on any one (1) street
shal I not exceed one (I) 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 araa 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. I50,
Outdoor lighting.¶
P37
D. Commercial uses. For all
three (3) types of signs. ~r it
cut out
be
projecting signs or
Deleted: C
Only signs permitted under Section 26 510 030 B Exempt sil:ns and the following signs are Dermitted
and then only if accessory and incidental to apermitted or conditional use:
Type of Sign Number of Signs Sign Area Mazimum Height of Comments
(Sq. Ft.) Freestanding Signs
Identification Freestanding See 6' Size not to exceed six
Sign sign. 1 per 26.510.OSO.E, (6) sq. ft. Illumination
(tieestanding, individual tenant Sign allotment permitted.
wall, projecting building frontage.
/han
in
g
g,
sandwich
board, window,
Wall sign. 2 per
See
n/a
Size not to exceed six
or awning sign) individual tenant 26.510.OSO.E, (ti) sq. ft. 111umination
building frontage. Sign allotment permitted. Must go
above eave point.
Projecting or See n/a Size not to exceed six
hanging sign. 1 26.510.050.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. 2b.510.050.E, allotment. Cutout
Sign allotment letters signs count as
1/2 total azea. I~tot to
exceed 25% of window
Awning sign. 2 See n/a Counts towards sign
per awning. 26.510.OSD.E, allotment. Cutout letter
Sign allotment sign counts as 1/2 total
area
Deleted: Core (CC), Commercial (C-I),
LodgelCourist Residential {LlrR), Lodge
Preservation (LP), Commercial Lodge (CL),
Neighborhood Commercial (NC), Mixed Use (MU)
or SernceJ CommerciaVlndustrial (SCI) Zone
District
Deleted: ,only temporary signs permitted under
Section 26.S1D.120, Temporary signs, and the
following signs are permitted and then only if
accessory and incidental [o a permitted or
conditional use~.Q
I. Business or occupancy identification signs.Q
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',
b. Number
Deleted: a combination of two (2)
Deleted: sign subject to the area requirements in
Deleted: 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 siyyt area permitted az if the window
sign v,~az a cut out letter sign.
Deleted: c. Area.¶
(I) 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 feet9
(3) .Wall sign. The area of a wall sign shall not
exceed ten (10) square feet.¶
(4) Awning sign. The area of an awning sign shall
not be limited, but the lettering on the awning shall
not exceed stx (6) inches in height.¶
(5) .Aggregate sign area. The aggregate sign area
permitted along the lot frontage on any one (I) street
shall not exceed one (I) square foot of aggregate
sign azea 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 azea permitted along the lot frontage on any
alley shall be computed as if the alley were a strcet.
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 az
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 ono (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 az street grade. For such businesses, one (1)
sigrt may be located on the business being ide(-I~
P38
Commercial Use Signs Continued.•
Type of Sign Number of Signs Sign Area {Sq. Ft.) Comments
Sandwich 1 per business No more than nine (9) sq. ft. per Must obtain permit. No dry
Board Sign side erase. Only permitted for retail
and restaurant business with no
ground level exposure and/or no
visibility along the public right-
or-way. Signs must be placed
adjacent to the business they
represent. Only permitted within
the CC and C-1 Zone Districts.
Does not count towards sign
allotment. Also see criteria
under 26S 10.090.F
Business No more than one For 1 to ~ businesses: One sq. The portion of the directory sign
directory signs (1) business ft. of sign area per business used for the associated business
directory sign per counts towards that business's
lot. For 6 to 10 businesses: Five sq. sign allotment.
ft. plus '/z sq. ft. for each
business over five businesses
For more than 10 businesses:
7 '/z sq. ft. plus '/4 square foot
for each business over ten
businesses, to a max sign area
of 10 sq. ft.
Temporary See Exempt Sig»s, 26.110.030.8
Signs
P39
E. Lodge uses. For all lodge uses: There shall be no more than three (3) of the following three (3) types
of signs per individual business frontage: freestanding signs, projecting signs or wall signs, including
wall signs with cut out letters. No business shall have more than six (6) of the previously listed signs,
either individually or in combination.
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 Signs Sign Area Maximum Height of Comments
(Sq. Ft.) Freestanding Signs
Identification Freestanding See 6' Size not to exceed six
Sign sign. 2 per 26.S10.O~O.E, (6) sq. ft. Illumination
(freestanding, individual tenant Sign allotment permitted.
wall, projecting building frontage.
/hanging
,
window, or
awning sign)
Wall sign. 2 per
See
n/a
Size not to exceed six
individual tenant 26.~10.O50.E, (6) sq. ft. Illumination
building frontage. Sign allotment permitted. Must go
above eave point.
Projecting or See n/a Size not to exceed six
hanging sign. 2 26S10.OSO.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.O~O.E, allotment. Cutout
Sign allotment letters signs count as
1/2 total area. IVot to
exceed 25% of window
Awning sign. 2 See n/a Counts towards sign
per awning. 26.S10.O50.E, allotment. Cutout letter
Sign allotment sign counts as l/2 total
area
SIP. ]~~1f;:1 A. ~; J.--.. !ia'! ~!;~;: ~
til_i15 ~) ~~al %.
--{Deleted: sandwich hoard
P40
~Jnless 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)(S)(3)??? shall be null and void
26.510.1 10. «'indow 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 illttmination, rope lighting or low-voltage strip lighting.
(Ord. No. 10-2005, § 1)
Deleted: ¶
Deleted: 9
2.. Business directory signs.¶
a. Type The business directory signs shall he 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 squaze feet plus %x
square foot for each business over five businesses.Q
~#>For more than 10 businesses- -7 1/2 square feet,
plus'/. square foot for each business over ten
businesses, to a maximum sign area of 10 square
feet-¶
A
(Ord. No. 10.2005, § 1)
P41
RESOLUTION N0. _
(SERIES OF 2010)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE'
CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE
FOLLOWING SECTION OF THE CITY OF ASPEN LAND USE CODE:
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 26.510 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, where the Planning and Zoning Commission reviewed the draft
Sign Code and continued the discussion to February 16`", April 20`h, and again to May 4`"
2010
WHEREAS, the Planning and Zoning Commission held a duly noticed public
hearing to consider the proposed amendments described herein on May 4~', 2010, took
and considered public testimony and the recommendation of the Director and
recommended, by a (-)vote, City Counci] adopt the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COL~J O, THAT:
Section 1•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.510, Signs, which
section defines, describes, authorizes, and regulates Signs within the City of Aspen to
read as follows:
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 1
P42
Chapter 26.510
SIGNS
Sec. 26.510.010
Sec. 26.51 U.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. 26.5 ] 0.090
Sec. 26.510.100
Sec. 26.5 ] 0.110
Purpose
Applicability and scope
Procedure for sign permit approval
Prohibited signs
Sign measurement and allotment
Sign setback
Sign illumination
Sign lettering, logos and graphic designs
Sign types and structural chazacteristics
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
Planning and Zoning Cornmission
Resolution No. _, Series of 2010
Page 2
P43
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. Protect the public from the dangers of unsafe signs and require signs to be constructed,
installed and maintained in a safe and satisfactory manner.
L. 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.
M. 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 reguiretL 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.
1. Banners pennants streamers and balloons and other pas-filled figures. Temporary
banners, pennants, streamers, balloons and inflatables shall be permitted per Land Use
Code Section ,Policies regarding signage on public property. Non-
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 3
P44
permanent Streamers, pennants, and balloons shall be permitted in association with a
retail special event or sale of limited duration.
2. Construction signs. One (])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. Designated public posting signs -Signs such as concert announcements, special event
notifications, and grand openings can be placed on designated public posting areas such
as the ACRA kiosk adjacent to the pedestrian mall.
4. Directional instructional or courtesy signs. Signs, not exceeding one and one quarter
(1.25) square feet 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.
5. Fine art. Works of fine art which in no way identify or advertise a person, product,
service or business.
6. Flans. Flags, emblems and insignia of political or religious organizations providing such
flags, emblems and insignia are displayed for noncommercial purposes.
7. Garaee estate yard sale or auction si ns. 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.
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 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.
9. Historic- de~~Ena?1OD• Signs placed on or in front of a historic building or site identifying
and providing information about a property listed on the Aspen lnventory 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.
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 4
P45
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 26.575.150, Outdoor lighting.
l 1. 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.
13. 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.
14. Menu liens 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.
15. 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 and provided that it is not mounted on the exterior of the building.
16. Political Sins. 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 eieht (8) 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.
Planning and Zoning Commission
Resolution No. _, Series of 2010
Pale 5
P46
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-
s-bout and traffic islands. Political signs carried or worn by a person are exempt
from these limitations.
17. Property 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.
18. Public notices. Offici8l government notices and legal notices.
19. Practical puruose signs. Practical signs erected on private property, such as lost property
signs, cautionary or "beware" signs, wedding announcements, graduation celebrations,
and other signs announcing a special events or functions which do not exceed two (2)
square feet and limited to one (1) per building fapade or property frontage, as applicable.
20. Real estate for sale or rent Bien. Real estate signs advertising the sale or rental of the
property upon which the sign is located, provided:
a. Tyue. 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
21. Regulatory signs. Regulatory sguarerfeet and limitedto one (1) perabu Idi gsfa~ade or
which do not exceed two (2) q
property frontage, as applicable.
22. Religious symbols. Religious symbols located on a building or property used for
organized religious services.
23. 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 fora uare' feet.'ly residential complex, the
total size of all signs shall not exceed twenty (20) sq
24. Street addresses on mailboxes.
25. Sandwich board signs carried by a oerson. 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.
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 6
P47
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.
26. 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.
27. Timeshare identification sins. 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.
28. Temporary food vendine signs. The food vending permit must include details of the
intended signage including size, material and location.
29. 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.
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).
30. Vendin¢ machine signs. Permanent, potentially internally illuminated but 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.
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 consent from the owner of the building;
3. Proposed location of the sign on the building or parcel;
Planning and Zoning Commission
Resolution No. _, Series of 2010
Paee 7
P48
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.
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. Permanent Banners and pennants used for commercial purposes not associated with a
special event approved by the Special Events Committee approval per Subsection
26.510.030.8,
C. Billboards and other off-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 26.5 ] 0.120, Temporary signs.
D. 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.
E. Moving signs. Signs with visible moving, revolving, rotating parts or visible mechanical
movement of any description orrother apparent visible movement achieved by electrical,
electronic or mechanical means, including automatic electronically controlled copy changes.
F 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.
G. 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
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page S
P49
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.
H. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.I.e.
I. Roojsigns.
J. Search lights or beacons except as approved per Subsection 26.575.150.H, Outdoor
lighting, Exemptions.
K 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.
L. Signs containing untruthful or misleading information.
M. 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.
N. 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.
O. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are
parked on a public right-of-way, public properly or private property so as to be visible from a
public right-of--way where the appazent 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.
P. Signs in public right-oj 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.
Q. 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.
R. Strings ojlight 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
P50
S. 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.
26.510.050. 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. See Section
26.510.060.0, Sign Area for the method or measuring signs.
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, § i)
G 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.
Plarv and ug Commission
Resolution N~. _, Series of 2010
Page 10
P51
ti
~~o~~ Ofd ~~o~ ~og~
Figure 1: Above: Window sign with cutout letters. (S' x 1') * .5 = 4 sq. ft. total
Below: Window sign with solid backing. 2' x 10' = 20 sq. ft. total
Bottom: Sign with irregular shape, 2' x 3' = 6 sq. ft. total
O
O
~0~° O~ ~~~~ ~Og~
0
0
lo'
3'
2'
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page I1
P52
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
~-
Figure 3
Undesirable Style
Sign not covering
architectural feature
Figure 4
Sign covering ~
architectural feature
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 12
Sign in
Signs located proportion to
at same building
height
Window signs not
exceeding 25% of
window
No consistency Sign not
in sign height ~ proportional
to building
Window signs far
more than 25% of
window
P53
E. Sign Allotment. Non-residential uses, other than lodge uses, shall be allotted six (6) squaze
feet of signage per individual business frontage. Lodge uses shall be eligible for ten (10) square
feet of signage allotment per individual frontage. Businesses with articulating facades along one
elevation shall combine such facades to receive one signage allotment.
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. 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, § I )
26.510.070. Sign illumination.
A. Allowed 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.
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.
B. Logos. No Togo 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 characteristics
A. Freestanding signs. Freestanding signs shall not be higher than the principal building or
fifteen (1S) feet, whichever is less and shall be a minimum of eight (8) feet above grade when
located adjacent to a pedestrian way.
B. Identification signs. Signs intended to ident~ the name of a subdivision, multi family
residential complex, mobile home park, or business name. Identification signs shall be visible
from the public right-of--way or private street. .
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 13
P54
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. ]0-
2005, § 1)
D. Awning Signs. Signs (including
lettering) may only be placed on first
floor or lower level awnings with
visibility to a public right-of-way or
parking lot. No sign may project above,
below or off of an awning.
Figure 5: Projecting Sign
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. The sign face must be directly connected to the base of the
sign. Landscaping shall 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. Sandwich board signs shall not be utilized as
merchandise displays. 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. Sandwich
board signs must also comply with those requirements found within Section 26.510.090.D.
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 14
__ .. __-_
.,_ ~., „~
P55
Sec. 26.510.100 Zone District sign restrictions
A. Residenteat 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 (wall, family complex, only, fixtures must be
freestanding or subdivision shielded and in
monument entrance, or compliance with this
sign*) mobile home Chapter and
park 26.575.150
Bed and 1 per street 4 per sign 6' Illumination permitted,
Breakfast frontage must be in compliance
with this Chapter and
26.575.150
Home 1 per street 4 per sign 6' 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
P56
B. Arts, cultural, civic, and academic uses. For all arts, cultural, civic, and academic uses,
only temporary 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 two (2) signs permitted along the lot frontage on any one (1) street,
not to exceed a total of four (4) signs per lot):
Type of Sign I Number of I Sign Area (Sq. Ft.) I Maximum Height I Comments
Signs of Freestanding
Signs
6° lllumination
Identification No more than See 26.510.O50.E, permitted, unless in a
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
n/a Illlumination
No more than See 26.510.OSO.E, 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.S10.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.
I I I See Exempt Signs,
Temporary 16.110.030.8
Signs
planning and Zoning Commission
Resolution No. _, Series of 2010
Page 16
~.
P57
C Recreational uses. For recreational 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) sign 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
Signs 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.OSO.E, n/a lllumination
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
P58
D. Commercial uses. For all commercial uses. There shall be no more than two (2) of the
following three (3) types of signs per individual business frontage: freestanding signs, projecting
signs or wall signs, including wall signs with cut out letters. No business shall have more than
four (4) of the previously listed signs, either individually or in combination.
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 of
b
Nu Ff)
X5 f
h
n Comments
ns
sr
g 9 gns
ta ding S
Frees
6° Size not to exceed six
Identification Freestanding See
E
O50
S10
26 (6) sq. ft. Illumination
Sign
(freestanding, sign.] per
individual tenant ,
.
.
.
Sign allotment permitted.
wall, projecting building frontage.
/hanging,
sandwich
Wall sign. 2 per
See n/a Size not to exceed six
ti
i
board, window,
i
individual tenant
26.S10.O50.E, on
na
(6) sq. ft. Illum
Must go
ermitted
gn)
or awning s
building frontage.
Sign allotment
p
.
above eave point.
n/a Size not to exceed six
Projecting or
1
i See
O50.E
510
26 (6) sq. ft. Illumination
gn.
hanging s
per individual ,
.
.
Sign allotment ermitted. Must not go
i
t
n
.
above eave po
tenant building
frontage.
n/a Counts towards sign
Window sign. 1 See
E
050
510
26 allotment. Cutout
per window. ,
.
.
.
Sign allotment letters signs count as
1/2 total area. Not to
exceed 25% of window
n/a Counts towards sign
Awning sign. 2
i See
OSO.E
5 I O
26 allotment. Cutout letter
ng.
per awn ,
.
.
sign counts as 1/2 total
Sign allotment
area
Commercial Use Signs Continued:
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 18
P59
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. Signs must be placed
adjacent to the business they
represent. Only permitted
within the CC and C-I Zone
Districts. Does not count
towards sign allotment. Also see
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 (])business ft. of sign area per business used for the associated business
directory sign per counts towards that business's
lot. sign allotment.
For 6 to ]0 businesses: Five sq.
fr. plus '/~ sq. ft. for each
business over five businesses
For more than 10 businesses:
7 '/z sq. ft. plus '/< 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
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 19
P60
E. Lodge uses. For all lodge uses: There shall be no more than three (3) of the following three
(3) types of signs per individual business frontage: freestanding signs, projecting signs or wall
signs, including wall signs with cut out letters. No business shall have more than six (6) of the
previously listed signs, either individually or in combination.
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 Sign /~iea
f
n Comments
Signs tand ng S gns
Frees
(Sq• )
6° Size not to exceed six
]den Freestanding See
E
O50
S10
26 (6) sq. ft. Illumination
tification
Sign sign. 2 per
individual tenant ,
.
.
.
Sign allotment ermitted.
p
(freestan building frontage.
ding,
wall,
Wall sign. 2 per
See n/a Size not to exceed six
i
projectin
individual tenant
26.S10.O50.E, on
(6) sq. ft. illuminat
g
building frontage.
Sign allotment ermitted. Must go
/hanging, above eave point.
window,
or
n/a
Size not to exceed six
awning
sign) projecting or
2
n
si
i See
510.O50.E,
26 (6) sq. ft. Illumination
.
g
ng
hang
per individual .
Sign allotment permitted. Must not go
i
t
n
.
above eave po
tenant building
frontage.
1
i
See n/a Counts towards sign
gn.
Window s
per window.
26.S10.OSO.E, allotment. Cutout
s
t
Sign allotment a
letters signs coun
1 /2 total area. Not to
exceed 25% of window
2
i See
n/a
Counts towards sign
gn.
Awning s
i O50.E,
S10
26 allotment. Cutout letter
ng.
per awn .
.
Sign allotment sign counts as 1 /2 total
area
See Exempt Signs,
Temporary 26.110.030.8
Signs
Unless readopted by City Council on or before April
i 11, 2005, the proviT`o~nshall becnull
ctions (D)(5)(3). 1.
b
S
26.510.130, Procedure for sign per ts
mit approval and se
u
and void.
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 20
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)
Section 2:
A public hearing on the Resolution was held on the 20`h day of April, 2010, at 4:30 p.m. in
the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where seventy-eight (78)
days prior 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 Aftorney
Planning and Zoning Commission
Resolution No. _, Series of 2010
Page 21
Stan Gibbs, Chair
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Chris Bendon, Community Development Director
RE: Silver Lining Ranch Conversion to Single-Family Residence
o SPA Amendment
o GMQS -Change-in-Use
o GMQS -Demolition of Affordable Housing
o Special Review for an attached Accessory Dwelling Unit.
Resolution No. ,Series 2010.
MEETING DATE: May 4, 2010
APPLICANT /OWNER: SUMMARY:
The Silver Lining Ranch is currently anon-profit
Owner -Little Star Foundation, Andrea Jaeger. facility to help kids with cancer and similar
afflictions. The operation is known as the Little Star
Contract Purchaser - KAT Ranch, John Burgess. Foundation or the Kids Stuff Foundation. The
operation was relocated out of Aspen in 2006. The
REPRESENTATIVE: applicant proposes changing the use of the building
Mitch Haas, Haas Land Planning to asingle-family residence, with components of the
non-profit allowed for up to 5 years. Minor physical
LOCATION: changes are proposed to the 18,000 square foot
Lot ~, Stillwater Ranch, commonly known as the building (14,000 FAR) to accommodate this new use.
Silver Lining Ranch -1490 Ute Avenue -Parcel
ID # 2737-184-06-805
STAFF RECOMMENDATION:
Staff believes the proposal does not meet the
CURRENT ZONING• standards of review. Staff recommends denial.
Academic and Conservation with a Specially
Planned Area overlay - (A-C-SPA)
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~y ~ e~ ~~~aj ~'- ~ ~ ~
Aerial Phota: The Silver Linin Ranch - ' '~~ ~ ~=~ ~ ~" ~'
Academic zone district shown at left / !S ~ _ ;. ~ ; -
Conservation zone district shown at right ` -;r~ -':~ _~ ~
R~ ,~t : ti_ "
-separated by the hagh water line. s
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P2
LAND UsE REQUESTS: The City will be reviewing the following land use actions for the
conversion of the Silver Lining Ranch to asingle-family residence:
• Specially Planned Area (SPA) Amendment to allow for the conversion to asingle-family
house with an allowable Floor Area of 14,000 square feet and the dimensions of the
existing structure. The application shall be approved, approved with conditions or denied
by the City Council after a recommendation from the Planning and Zoning Commission.
• Growth Management Review for the Demolition of Multi-Family Housing for the
demolition and replacement of three on-site affordable housing units. The application
shall be approved, approved with conditions or denied by the Planning and Zoning
Commission.
• Growth Management Review for the Replacement Housing, The application shall be
approved, approved with conditions or denied by the Planning and Zoning Commission.
• Growth Management Review for a change-in-use for the conversion of an essential
public facility to asingle-family residence The application shall be approved, approved
with conditions or denied by the Planning and Zoning Commission.
• Special Review for an Accessory Dwelling Unit attached to the main residence. The
application shall be approved, approved with conditions or denied by the Planning and
Zoning Commission.
BACKGROUND:
The Silver Lining Ranch, located at 1490 Ute Avenue, is also known as Lot #5 of the Stillwater
Subdivision. The Subdivision was approved by the Board of County Cormnissioners in 1994
and included 6 residential lots and 1 open space parcel. Lot 1 became the Stillwater affordable
housing project. Lots 2, 3, 4 and 6 are free market residential lots. Lot 5, the subject property,
was originally planned as a residential lot but was then given by Fabi Benedict to Andrea Jaeger
to run anon-profit foundation to assist children with cancer. Lot 5 is the only development parcel
accessed from Ute Avenue. All other parcels are on the other side of the Roaring Fork River and
access from Highway 82.
In 1996, the owner of Lot 5, the Little Star Foundation, submitted a petition to annex Lot 5 into
the City of Aspen. The Aspen City Council adopted Ordinance 10 (1997) annexing the property
to the City of Aspen, and Ordinance 11 (1997) zoning Lot 5 Academic/Conservation/SPA and
granting final approvals for the development of the Silver Lining Ranch. The approvals allowed
for the operation of anon-profit kids camp for children with cancer and similar afflictions to be
directed by Andrea Jaeger. Lot 5 is the only lot of the subdivision lying within the City. The
remaining lots are all in Pitkin County.
The property was zoned a combination of Conservation, along the lower bench and the riparian
areas, and Academic, along the upper bench and where the building is located. The property was
also zoned with a Specially Planned Area overlay that proscribes the allowable dimensions and
the types and intensities of allowed uses.
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The SPA approval anticipated approximately 20 children and their family members using the
facility, along with approximately 12 staff and medical personnel. Usage was limited to no more
than 14 week long sessions per yeaz. In addition, the City permitted approximately 15 to 20
special events per yeaz, ranging from celebrations to dinners, awazd ceremonies, meetings, fund
raising activities and non-profit medical events that would be open to community members.
The Little Star Foundation operated programs at the Silver Lining Ranch from 1999, when the
building was completed, unfi12006. The property has had limited occupancy since that time, and
the Foundation has been trying to sell the property so that the proceeds can be used to fund its
charitable mission.
In 2007, the Foundation applied to the City of Aspen to "de-annex" (disconnect) the property
from the City. It was expected that the disconnection would permit the property to be converted
to asingle-family home in the County. Planning staff recommended against this request. The
City Council denied the request after considering the non-profitlinstitutional use of the property
an important community resource which would be sacrificed with a conversion to a single family
residence.
In 2008, the Jewish Chabad of Aspen entered into a contract to purchase the property for use as a
Jewish Community Center. An application was filed to amend the approvals to allow for the
JCC. The application was viewed favorably by the City, replicating (in very general terms) the
use profile of the Little Staz Foundation and fulfilling the desire for anon-profit or institutional
use to remain at the site.
The JCC application was controversial with neighbors concerned about traffic impacts and with
owners in the Stillwater Subdivision. The JCC application eventually gained approval from City
Council in 2009, but the Chabad encountered some legal obstacles with the Stillwater
Subdivision Home Owners Association. Ultimately, the Chabad decided not to pursue purchase
of the property and abandoned ideas for a JCC at this site.
The property is now under a purchase contract with KAT Ranch, LLC. This new owner
proposes to convert the property to asingle-family residence with the Foundation's ability to
continue programming on the property for the next five yeazs.
NOTE ON SPAS:
Specially Planned Area (SPA) is just like a Planned Unit Development (PUD) in that allowable
dimensions for a property aze set through a review process but adds the ability to specify the
types and intensities of allowable uses. The Silver Lining Ranch SPA sets the dimensions for the
building as well as very specific limitations on the number and types of activities that can occur.
NOTE ON PROTECTIVE COVENANTS:
Many properties in Aspen (and azound the country) aze encumbered by private covenants. These
can range from simple agreements regarding a shazed fence to very sophisticated agreements
describing azchitectural style and review processes. Covenants typically run with the land but
aze only enforceable by the parties within the agreement. Private covenants aze not typically
3
P4
enforceable by local government. Disputes over the meaning, affect, or enforcement of the
covenant aze handled by the private parties within the agreement and, if need be, resolved in civil
court. The City of Aspen is not party to the Stillwater Protective Covenants and is not in a
position to interpret, implement, change or enforce the terms and conditions of the ageement.
As with any property, the City does have an obligation to interpret, implement, and enforce the
Land Use Code. This describes allowances and limitations on the intensity and chazacter of land
use, building sizes and setbacks, mitigation of impacts, and proscribes certain processes for
reviewing proposed changes. On occasion, the City's rules and regulations on a properly conflict
with how the property is regulated through a private covenant.
Neither the City nor the holders of the private covenant aze expected or obligated to change their
rules and regulations to accommodate the other. Yes, this can lead to a `stalemate' of sorts
which could need to be resolved by the courts. The City could choose to `fix' the stalemate by
changing its zoning just as the holders of a private covenant could choose to provide a fix. But
the City does not have an obli ag lion to change zoning in light of private covenants.
The City Attorney's Office can delve further into this topic at the request of the Planning and
Zoning Commission.
PROJECT SUMMARY:
The applicant is proposing to amend the Specially Planned Area approvals in order to convert the
existing Silver Lining Ranch building into asingle-family home. There would remain the
potential for the Foundation to continue to use the property for up to five yeazs in the same
manner as currently permitted.
The existing structure is approximately 18,000 gross square feet, with slightly less than 14,000
squaze feet as Floor Area (the remainder is exempt space). The conversion would involve some
interior reworking, but the existing structure would be reused and exist more or less in the same
configuration as today. Dimensions for this property aze set through an SPA plan, but were set
in light of the Foundation use. The SPA plan needs to be amended to allow the existing
dimensions to continue for asingle-family house.
The building currently includes three affordable housing units. These units aze rental units for
employees of the Foundation and were not designed or expected to be occupied by others.
Appazently, the units have not been occupied since the Foundation moved its operation to
southern Colorado. The application proposes to remove these units and provide acash-in-lieu
payment.
The applicant is requesting approval for an Accessory Dwelling Unit to be attached to the main
house. ADUs which meet all the design standazds aze allowed by right. ADUs not meeting one
or more of the design standazds require review by the Planning and Zoning Commission. The
applicant expects to achieve all of the design standazds for an ADU except the requirement to be
physically detached from the main residence.
The conversion also requires three Growth Management approvals. A change-in-use approval
allows the use to convert from an essential public facility to a residence. This review monitors
4
P5
and accounts for the annual and overall growth allotments for the City by the various types of
land use. Growth Management approvals aze also needed for the affordable housing units
developed to meet the replacement requirement. There aze no actual replacement units proposed
at this time.
STAFF ANALYSIS: MULTI-FAMILY REPLACEMENT
This is a P&Z review required for the removal of the three affordable housing units. The
proposal is to remove these three units and provide acash-in-lieu payment. Exhibit A contains
the code section and the standazds of review for this element of the proposal. There aze eight
standazds of review and an application must be determined in compliance with all eight.
Standazd number one addresses free-mazket multi-family housing and sets forth two options for
compliance. This standazd does not apply as the units being affected aze affordable housing
units. Staff believes this standazd is met.
The second standazd is written specifically for the demolition of affordable housing units. The
effective requirement is to house the same number of employees while the method (number and
types of units) may change. A referral from the Housing Authority is required to be reviewed.
The text does not explicitly allow for acash-in-lieu payment to satisfy the requirement. Staff
reads this standazd as to require replacement units -actual units, not cash-in-lieu. Staff does not
believe the proposal meets standard number two.
The third standard addresses cash-in-lieu payments but only allows those payments for a fraction
of a unit and only with City Council approval. This standazd does not allow for the replacement
requirement to be met with cash if the requirement is for more than one unit. The proposal seeks
to provide cash-in-lieu for 6.25 employees. Staff does not believe the proposal meets
standard number three.
The fourth standazd addresses the location of the replacement unit(s). Replacement units aze
required to be on the same site unless the Commission finds that replacement on site conflicts
with zoning or with the site's physical constraints. Appazently, the Stillwater HOA private
covenants prohibit affordable housing. However, the City review standazd does not cite reasons
of private covenants, only the City's zoning and the physicality of the property. Staff does not
believe that on-site affordable housing is categorically incompatible with City zoning or the
physical make-up of the site.
The language of standazd number four goes on to enable the Commission to strike a balance
between on-site and off-site replacement units, considering the pazameters of the site and a
recommendation from the Housing Boazd. Again, staff reads this standazd as to require
replacement units -actual units, not cash-in-lieu. Staff does not believe the proposal meets
standard number four.
Standazd five addresses the timing of the replacement units. The application proposes to provide
the cash-in-lieu in a timeframe that meets this timing requirement. However, the timing
requirement requires the provision of actual units, not a payment. Because actual replacement
units aze not proposed, staff fords the proposal does not meet standard number five.
5
P6
Standard six addresses the need for the City and the applicant to enter into an agreement
regazding the replacement units. The application does not really address this requirement and
staff does not know if the applicant is resistant to an agreement. Staff believes this standard can
be met with a condition of approval requiring a redevelopment agreement. Staff does point out
that the text azound a financial assurance assumes that there will be development of actual
replacement units, not cash-in-lieu.
Standard seven address the treatment of redevelopment credits and the City's Growth
Management System. The proposal is in compliance with this standazd.
The last standazd, number ei t allows the Community Development Director to exempt
development from the requirements of this section. The standazd speaks to issues of fairness
related to "acts of God" or other issues of practical necessity. Staff has not been asked to
evaluate this project for an exemption, but staff does not believe the proposal qualifies for any of
the exemptions, as outlined.
STAFF ANALYSIS: AMENDMENT TO THE SPA
An amendment to the SPA is needed to allow the existing building and its dimensions to be
permitted for asingle-family residence. There are eight standazds of review to consider for the
amendment to the SPA.
Standazd one speaks to the proposals compatibility with the surrounding land uses. Staff does
not believe that asingle-family home here is more compatible or an enhancement to the
neighborhood. However, asingle-family home is not incompatible with the azea. Staff finds that
this criterion is met.
The second standazd concerns the capacity and availability of public facilities. This standazd is
met. Standards three and four deal with the developability of the pazcel and the suitability of the
proposed development with respect to view planes, environmental concems, etc. Staff believes
these standazds aze met.
Standazd five asks whether the development is compatible with the Aspen Area Community
Plan. The AACP does not address, directly, the conversion of an essential public facility to a
single-family residence. However, both the Economic Sustainability chapter and the Arts,
Culture and Education chapter of the AACP speak to the importance of non-profit and cultural
institutions as a cornerstone of the Aspen community, its vibrant international profile, and its
future as a unique place to live, work and play. Excerpts of these sections of the AACP aze
attached as Exhibit C.
Staff believes the conversion of existing community assets, essential public facilities, non-profit
institutions, etc. to large single-family residences is in direct contravention to the philosophy
section of the Arts, Culture and Education chapter and the intent section of the Economic
Sustainability chapter of the AACP. Staff does not believe this proposal is in compliance with
the AACP, standard number five.
Furthermore, we are in a period where various cultural and non-profit institutions aze
contemplating "leveraging their assets to sustain their mission." If this means an erosion of the
6
P7
foundational underpinning of the Aspen Idea to accommodate short-term economic conditions
then we are faced with a very foreboding precedent which is not in the long-term best interests of
the community.
Standazd six addresses the expenditure of public funds to accommodate the proposal. No public
funds aze expected to be needed and staff believes this standazd is met.
Standard seven addresses development on slopes and this standazd is met. Standazd ei¢ht
addresses growth management allotments for the use and this standazd is met through
compliance with the related reviews that aze required for this conversion.
STAFF ANALYSIS: GMQS -CHANGE-IN-USE
Change-in-use is a growth management review and allows for the creation of one free-mazket
residence. The review is needed to convert the structure from an essential public facility to a
single-family home. There aze seven standards of review for this approval.
Standazd one addresses the sufficiency of growth management allotments to accommodate the
change. Staff finds this criterion met.
Standazd two asks if the proposal is in compliance with the AACP. Staff does not believe
standard number two is met. Please see above for staff comments on this issue.
Standazd three asks if the proposal conforms to the zoning limitations. There is a proposed
amendment to the SPA approvals for this property, which if approved will demonstrate
compliance with this provision.
Standazd four addresses compliance with Historic Preservation approvals. Standard five
addresses housing mitigation for the generation of additional employees. The property is not
historic and no additional employees aze necessary for the conversion. Staff finds these criteria
met.
Standazd six deals with the physical design of affordable housing units, requiring that each unit
be at least 50% above grade. No affordable housing is proposed, so staff considers this standazd
met.
The last standazd, number seven, requires sufficient public infrastructure with no or minimal
additional demand on the public. This project does not require additional public infrastructure
and staff believes this criterion is met.
STAFF ANALYSIS: GMQS -AFFORDABLE HOUSING
The application addresses this section of the code that provides standazds for the development of
affordable housing. Staff cited this section in the event that the applicant pursued replacement
housing on site or off-site. Staff does not believe this section applies to the proposal.
P8
STAFF ANALYSIS: SPECIAL REVIEW FOR AN ATTACHED ACCESSORY DWELLING UNIT
Accessory Dwelling Units aze a use by right if they aze proposed in a manner that meets the
design standazds for ADUs. A physical detachment from the main residence is a design
standazd. Variances from those design standazds can be approved by the Planning and Zoning
Commission. There aze three standazds of review for the Commission to consider.
Standazd number one asks if the proposed ADU promotes the overall purpose of the ADU
program, promotes the purposes of the zone district, and promotes the livability of the ADU
itself. The purpose of the ADU program, in part, is to encourage integration of working
employees in neighborhoods and pemlit residents to provide housing for cazetakers. (The full
purpose statement is provided in Exhibit D.) Staff does not believe that an attached ADU
necessarily contradicts this purpose.
The purpose of the Academic Zone (also in Exhibit D) is to bolster education and academic
activities in Aspen and to permit attendant facilities, including housing. An ADU accessory to a
private residence does not necessarily promote this purpose. There aze no designs for the ADU
provided and staff cannot render an opinion as to the ADU's livability. Therefore, staff finds
criterion number one unmet.
Standard two asks if the ADU is compatible with and subordinate to the main residence.
Without actually seeing the design of the ADU, staff is reasonably sure that the ADU would
remain subordinate to the main residence. Staff finds this criterion met.
The third standazd asks if the ADU is compatible with the neighborhood. Again, without seeing
the plans for the ADU this is difficult to review. But staff is confident that an ADU on this
property would be compatible with the neighborhood. Staff fmds this criterion met.
STAFF ANALYSIS: SUMMARY
Staff believes the proposal fails to meet the standazds of review for the demolition or
redevelopment of multi-family housing. The standazds require replacement housing with actual
units either on-site or off-site, not through acash-in-lieu payment. Specifically, staff finds the
proposal does not meet standazds 2, 3, 4 and 5 of the Housing Demolition Requirements. Staff
fmds the project meets standazds 1 and 7 and finds that standazd 6 can be met through a
condition of approval.
With respect to the SPA Amendment, staff fmds the application meets all the standazds of review
except for standazd number 5 concerning compliance with the Aspen Area Community Plan.
Regazding the change-in-use criteria, staff finds the proposal in compliance with the review
standazds except for review standard number 2 regazding compliance with the AACP.
Staff finds the review standazds for an attached ADU met except for standazd number one of that
section regazding the proposed unit's livability.
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STAFF RECOMMENDATION:
Staff recommends the Commission adopt the staff findings and denv the application. If the
application is to be substantively altered for a future re-review, staff suggests the current
application be denied and a new application be submitted.
Note: The Commission should first explore all potential motions of approval, acceptable ways
to condition an approval, etc. The Commission should be satisfied that options to approve the
project have been exhausted prior to considering motions of denial.
ALTERNATE RECOMMENDATION:
The Planning and Zoning Commission could fmd the application compliant with the standards of
review and approve the application. Staff will draft a resolution of approval with such findings
and present it during the hearing for the Commission's consideration.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFII2NIITIVE~:
"I move to approve Resolution No.~ Series of 2010, allowing the conversion of the Silver
Lining Ranch into asingle-family residence."
ATTACHMENTS:
Exhibit A -Referral Comments from the Housing Board
Exhibit B -Review standazds from Land Use Code
• Demolition of Multi-Family Housing
• SPA Amendment
• Change-in-Use
• Special review for ADUs
Exhibit C -Excerpts from the Aspen Area Community Plan
Exhibit D -Purpose Statements of the ADU Program and the Academic Zone
Exhibit E -Application
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MEMORANDUM ~~~/'/;~~F-~
TO: Community Development
FROM: Cindy Christensen
DATE: February 20, 2010
RE: Replacement Mitigation Requirement for Silver Lining Ranch
ISSUE: The applicant is requesting a referral from the Housing Board to replace the existing
three deed-restricted units at the Silver Lining Ranch with apayment-in-lieu fee.
BACKGROUND: The Housing Boazd discussed this at their meeting held on February 3, 2010.
The discussion focused on a payment-in-lieu fee versus replacement units. At this meeting,
information was provided to the Boazd that the current owner's reasoning to provide the units were
that they were for Foundation employees only. What is being proposed would be to change the use
to asingle-family home, thereby the need for the units goes away.
When the Housing Office was preparing the deed restriction, after reviewing the approval
documents, there was no cleaz direction for the Housing Office'to follow when preparing this
documentation. The deed restriction that was utilized, signed and recorded was the boiler plate deed
restriction for all fully deed-restricted rental units. Whether it was the intent of City Council to have
the units utilized by employees other than those of the Foundation was not known at the time the
document was prepazed.
The Planning and Zoning Commission Resolution 97-04 approved the project. This resolution does
not specifically have any conditions or requirements for the deed restricted units. The only mention
is on page 9, #5, in the resolution:
One (1) year after the commencement of operation, an employment audit shall be
conducted by the Housing Department. The permanent staff units shall be deed
restricted with priority for use of these units to personnel of the Foundation, and
categorized as to those employees residing in the units (Category 1, 2 or 3; but
Category 4 for the two-bedroom, lower-level unit).
An employee audit was provided to the Housing Office on June 9, 2000.
The City Council Ordinance No. 11 Series of 1997 approved the development and referred to the
conditions stated in P&Z Resolution No. 97-04. The only mention to employee housing was as
follows:
WHEREAS, the Ciry Council finds that proposed housing units will be deed-
restricted in accordance with the housing guidelines, are compatible with
surrounding uses and will have a minimal impact on the land.
P11
The Community Development Department memo, dated April 14 1997, stated the following
regazding employee housing, otherwise they were also not specific:
Apartments are proposed to be provided within the building; these apartments
would be able to house permanent staff of the Foundation, as well as the medical
personnel that accomparry the children when they come to Aspen. Spaces for hvelve
(12) such permanent and temporary staff would be provided within the building.
The applicant will be requesting approval from the City Council to convert the current use on the
property to asingle-family home residence. This requires an amendment to the approved Specially
Planned Area (SPA). The property was rezoned in 1997 to an essential public facility which
allowed for the running of the Silver Lining Ranch. Because of the change in use, the buyer of the
property believes the need for the three units goes away since the property will be asingle-family
residence.
The property is within the Stillwater Homeowner's Association Protective Covenants which allow
for one single-family residence and a cazetaker dwelling unit. All of the other Stillwater HOA's
homes aze located within the County, with the exception of this property which was annexed into
the City in 1996; therefore, the cazetaker dwelling unit would be deed restricted as a voluntary
accessory dwelling unit (ADU).
The Land Use Code allows for mitigation to be provided as follows:
I . On-site mitigation.
2. Off-site mitigation.
3. Buy-downs of free-mazket units.
4. Payment-in-lieu fee.
The on-site mitigation is in violation of the Stillwater Homeowner's Association Protective
Covenants. Off-site mitigation would require the buyer to purchase more land to building enough
units to mitigation for 6.25 FTE's. The buy-down option is no longer a viable option unless the
buyer is able to purchase a complete building to change how the HOA dues aze assessed. The
Housing Office will no longer accept single buy-downs in a multi free-mazket complex. Therefore,
the buyer is requesting that the Housing Boazd recommend approval of a payment-in-lieu fee.
If the applicant received approval for asingle-family residence by providing apayment-in-lieu fee
currently provided under the code, the amount due would be calculated as follows:
1 2-bedroom Category 4 2.25 X $134,079 = $ 301,677.75
1 1-bedroom Category 3 1.75 X $214,784 = 375,872.00
1 2-bedroom Category 3 2.25 X $214,784 = 483.264.00
TOTAL $1,160,813.75
This amount is based on the 2010 payment-in-lieu fees.
P12
In Mazch of 2008, the Housing Boazd approved a request to increase the payment-in-lieu by 80% to
reflect the actual costs of constructing units (including land costs). The City Council did not
approve this request as they wanted a more thorough study conducted as to what type of
methodology should be used. IF they had approved this request, the payment-in-lieu fee would be
increased to $1,702,852.50, an additional $542,038.75.
If a $500 per square foot cost was utilized to build the minimum squaze footage, Category 3 and 4
one-bedroom units (700 square feet is the minimum), the cost would be $1,400,000. If $400 per
squaze foot were used, the cost would be $1,120,000. The current cost per square foot is not known
at this time since there has not been any new construction within the last two yeazs.
The mitigation amount of $1,160,813.75 divided by 4one-bedroom units that would satisfy the 6.25
mitigation requirement is $290,203.44 per unit. Aone-bedroom unit mitigates at 1.75 employees,
therefore, 4 X 1.75 = 7.
RECOMMENDED ACTION: The Housing Boazd approved the applicants request to mitigate
for the 6.25 FTE's at the current rate of $1,160,813.75. However, if the payment-in-lieu fee
changes prior to recorded approval by City Council, that updated amount shall be used.
L P13
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a) The proposed u ' comply with the
Housing Autho A recommendatic
Authority sh be required for this st
Authority y choose to hold a pub
fines of the Aspen/Pitk' County
the Aspen/Pitkin Co Housing
The Aspen/Pitkin my Housing
with the Board o hectors.
b) Affor le housing required for itigation purposes shall m the form of actual
new built units or buy-dow units. Off-site units sh a provided with' the
C' limits. Units outside e City limits may be a pted as mitigatio y the
qty Council, pursuant t azagraph 26.470.090.2 f the mitigation uirement
is less than one (1) unit, acash-in-lieu ment may be a pted by the
Planning and Zonin ommission upon a re mendation from a Aspen/Pitkin
County Housing ority. Ifthe mitigaf requirement is o (1) or more units,
a cash-in-lieu p ment shall require Ci Council approval ursuant to Paragraph
26.470.090.3 equired affordable ousing may be pr ided through a mix of
these meth s.
c) Each u provided shall be esigned such that a finished floor level of
perce (50%) or more o he unit's net liva area is at or above na l or
firi ed grade, whichev is higher.
d) ~ie proposed unit all be deed-restri d as "for sale" units and ansfened to
qualified purch rs according to th Aspen/Pitkin County H sing Authority
Guidelines. owner may bee led to select the first p asers, subject to
the aforem coned qualificatio ,with approval from t Aspen/Pitkin County
Housing thority. The deed striction shall authoriz a Aspen/Pitkin County
Housi Authority or the to o~Jn the unit and tit to qualified renters
deft in the Affordab Housing Guidelines blished by the Aspen/Pi m
C ty Housing Auth ty, as amended. ~/
The proposed uni may be rental units, i uding but not limited to ntal units
owned by an e toyer or nonprofit or ization, if a legal instru nt in a form
acceptable to e City Attorney ensu permanent affordability the units. The
City enco ges affordable hotisi units required for lodge evelopment to be
rental u ' s associated with the ge operation and contri ing to the long-term
viabil' of the lodge.
U ' owned by the Asp itkin County Housin uthority, the City o pen,
in County or other milaz governmental or asi-municipal agenc hall not
be subject to this ma atory "for sale" provisi
5. Demolition or redevelopment of multi-family housing. The City of Aspen's
neighborhoods have traditionally been comprised of a mix of housing types,, including
those affordable by its working residents. However, because of Aspen's attractiveness as
a resort environment and because of the physical constraints of the upper Roaring Fork
Valley, there is constant pressure for the redevelopment of dwellings currently providing
resident housing for tourist and second-home use. Such redevelopment results in the
displacement of individuals and families who are an integral part of the Aspen work
force. Given the extremely high cost of and demand for market-rate housing, resident
City of Aspen Land Use Code
Part 400, Page 135
P14
housing opportunities for displaced working residents, which aze now minimal, will
continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in
Aspen have been long-standing planning goals of the community. Achievement of these
goals will serve to promote a socially and economically balanced community, limit the
number of individuals who face a long and sometimes dangerous commute on State
Highway 82, reduce the air pollution effects of commuting and prevent exclusion of
working residents from the city's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the
Aspen/Pitkin County Housing Authority have provided affordable housing both within
and adjacent to the city limits. The private sector has also provided affordable housing.
Nevertheless, as a result of the replacement of resident housing with second homes and
tourist accommodations and the steady increase in the size of the workforce required to
assure the continued viability of Aspen area businesses and the Aspen's tourist-based
economy, the City has found it necessazy, in concert with other regulations, to adopt
limitations on the combining, demolition or conversion of existing multi-family housing
in order to minimize the displacement of working residents, to insure that the private
sector maintains its role in the provision of resident housing and to prevent a housing
shortfall from occurring.
The combining, demolition, conversion or redevelopment of multi-family housing shall
be approved, approved with conditions or denied by the Planning and Zoning
Commission based on compliance with the following requirements (see definition of
Demolition.):
I. Requirements for combinine demolishine convertine or redevelopine free-
market multi-family housin¢ units: Only one (1) of the following two (2) options -
is required to be met when combining, demolishing, converting or redeveloping a
free-market multi-family residential property. To ensure the continued vitality of
the community and a critical mass of local working residents, no net loss of
density (total number of units) between the existing development and proposed
development shall be allowed.
a) One-hundred-percent replacement. In the event of the demolition of free-
market multi-family housing, the applicant shall have the option to construct
replacement housing consisting of no less than one hundred percent (] 00%) of
the number of units, bedrooms and net livable azea demolished. The
replacement units shall be deed-restricted as resident occupied affordable
housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority. An applicant may choose to provide mitigation units at a lower
category designation. Each replacement unit shall be approved pursuant to
Subsection 26.470.070.4., Affordable housing.
When this one-hundred percent standazd is accomplished, the remaining
development on the site may be free-market residential development with no
City of Aspen Land Use Code
Part 400, Page 136
P15
additional affordable housing mitigation required as long as there is no
increase in the number of free-mazket residential units on the parcel. Free-
market units in excess of the total number originally on the parcel shall be
reviewed pursuant to Subsection 26.470.070.3, Expansion of free-market
residential units within amulti-family or mixed-use development.
b) Fifty-percent replacement. In the event of the demolition of free-market
multi-family housing and replacement of less than one hundred percent
(100%) of the number of previous units, bedrooms or net livable area as
described above, the applicant shall be required to construct affordable
housing consisting of no less than fifty percent (50%) of the number of units,
bedrooms and the net livable area demolished. The replacement units shall be
deed-restricted as Category 4 housing, pursuant to the guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall
be approved pursuant to Subsection 26.470.070.4, Affordable housing.
When this fifty-percent standazd is accomplished, the remaining development
on the site may be free-mazket residential development as long as additional
affordable housing mitigation is provided pursuant to subsection
26.470.070.3, Expansion of free-market residential units within amulti-family
or mixed-use project, and there is no increase in the number of free-market
residential units on the parcel. Free-mazket units in excess of the total number
originally on the parcel. shall be reviewed pursuant to Subsection
26.470.080.2, New free-market residential units within amulti-family or
mixed-use project.
2. Requirements for demolishing affordable multi-family housin¢ units: In the event
a project proposes to demolish or replace existing deed-restricted affordable
housing units, the redevelopment may increase or decrease the number of units,
bedrooms or net livable area such that there is no decrease in the total number of
employees housed by the existing units. The overall number of replacement units,
unit sizes, bedrooms and category of the units shall be reviewed by the
Aspen/Pitkin County Housing Authority and a recommendation forwarded to the
Planning and Zoning Commission. The Planning and Zoning Commission may
require the affordable housing deed restriction on the affected units be brought
into compliance with the current Guidelines of the Aspen/Pitkin County Housing
Authority and to the satisfaction of the City Attorney: (Ord. No. 22-2008, § 1)
3. Fractional unit requirement. When the affordable housing replacement
requirement of this Section involves a fraction of a unit, cash-in-lieu may be
provided only upon the review and approval of the City Council, to meet the
fractional requirement only, pursuant to Subsection 26.470.090.3, Provision of
required affordable housing via acash-in-lieu payment.
4. Location requirement. Multi-family replacement units, both free-market and
affordable, shall be developed on the same site on which demolition has occurred,
City of Aspen Land Use Code
Part 400, Page 137
P16
unless the owner shall demonstrate and the Planning and Zoning Commission
determines that replacement of the units on site would be in conflict with the
parcel's zoning or would be an inappropriate solution due to the site's physical
constraints.
When either of the above circumstances result, the owner shall replace the
maximum number of units on site which the Planning and Zoning Commission
determines that the site can accommodate and may replace the remaining units off
site, at a location determined acceptable to the Planning and Zoning Commission.
A recommendation from the Aspen/Pitkin County Housing Authority shall be
considered for this standazd.
5. Timin¢ reouirement. Any replacement units required to be deed-restricted as
affordable housing shall be issued a certificate of occupancy, according to the
Building Department, and be available for occupancy at the same time as, or prior
to, any redeveloped free-market units, regardless of whether the replacement units
are built on site or off site.
6. Redevelo ment a reement. The applicant and the City of Aspen shall enter into a
redevelopment agreement that specifies the manner in which the applicant shall
adhere to the approvals granted pursuant to this Section and penalties for
noncompliance. The City of Aspen may require a bond or other financial
instrument insuring compliance with the agreement. The agreement shall be
reviewed and approved by the City Attorney. The agreement shall be recorded
before an application for a demolition permit may be accepted by the City. (Ord.
No. 22-2008, § 1)
7. Growth management allotments. The existing number of free-mazket residential
units, prior to demolition, may be replaced exempt from growth management,
provided that the units conform to the provisions of this Section. The
redevelopment credits shall not be transferable separate from the property unless
permitted as described above in Subparagraph 4, Location requirement. (Ord. No.
14-2007, §1)
8. Exemptions. The Community Development Director shall exempt from the
procedures and requirements of this Section the following types of development
involving Multi-Family Housing Units. An exemption from these replacement
requirements shall not exempt a development from compliance with any other
provisions ofthis Title (Ord. No. 22-2008, §1): -
a) The replacement of Multi-Family Housing Units after non-willful demolition
such as a flood, fve, or other natural catastrophe, civil commotion, or similar
event not purposefully caused by the land owner. The Community
Development Director may require documentation be provided by the
landowner to confirm the damage to the building was in-fact non-willful.
(Ord. No. 22-2008, §i)
City of Aspen Land Use Code
Part 400, Page 138
P17
To be exempted, the replacement development shall be an exact replacement
of the previous number of units, bedrooms, and square footage and in the
same configuration. The Community Development Director may approve
exceptions to this exact replacement requirement to accommodate changes
necessary to meet current building codes; improve accessibility; to conform to
zoning, design standards, or other regulatory requirements of the City; or, to
provide other architectural or site planning improvements that have no
substantial effect on the use or program of the development. (Also see
Chapter 26.312 - Nonconformities.) Substantive changes to the development
shall not be exempted from this Section and shall be reviewed as a willful
change pursuant to the procedures and requirements of this Section. (Ord. No.
22-2008, §1)
b) The demolition of Multi-Family Housing Units by order of a public agency
including, but not limited to, the City of Aspen for reasons of preserving the
life, health, safety, or general welfare of the public. (Ord. No. 22-2008, §1)
c) The demolition, combining, conversion, replacement, or redevelopment of
Multi-Family Housing Units which have been used exclusively as tourist
accommodations or by non-working residents. The Community Development
Director may require occupancy records, leases, affidavits, or other
documentation to the satisfaction of the Director to demonstrate that the
unit(s) has never housed a working resident. All other requirements of this
Title shall still apply including zoning, growth management, and building
codes. (Ord. No. 22-2008, §1)
d) The demolition, combining, conversion, replacement, or redevelopment of
Multi-Family Housing Units which were illegally created (also known as
"Bandit Units"). Any improvements associated with Bandit Units shall be
required to conform to current requirements of this Title including zoning,
growth management, and building codes. Replaced or redeveloped Bandit
Units shall be deed restricted as Resident Occupied affordable housing,
pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority.
(Ord. No. 22-2008, §1)
e) Any development action involving demising walls or floors/ceilings
necessary for the normal upkeep, maintenance, or remodeling of adjacent
~~~ Multi-Family Housing Units. (Ord. No. 22-2008, §1)
Sec. 26. .O80.Major Planning and Zon' Commission applications.
Th owing types of development sh a approved, approved with con ' ns or denied by
Planning and Zoning Commiss' ,pursuant to Section 26.470.060 cedures for review,
above and the criteria for ea pe of development described b Except as noted, all
growth management appl ions shall comply with the ge ral requirements of Sectio
City of Aspen Land U ode
Part age 139
b. Notice ~~lluirements: Publ' tion, posting d mailing.
26.304.0~(E)(3)(a),(b), and (c~
c. St azds of review: ction 26.440.030(A) or SPA designat Section
.440.050 for review development within S
d. P&Z action: Re ution recommending t e City Council a royal, approval with
conditions, or "sapproval of the SPA.
4. Step Four - lic Hearing before th ity Council.
a. P ose: To review reco nd
termine if application r final
b. Notice requireme :Requisite r
City Council publication, ]
and (c).)
c. Standaz of review: Se on
26.4 50 for review of eveloi
by Pl mg and Zoning Commission and to
~p t plan meets the standards for an S A.
requirements for adoption of an o ance by
and mailing. (See 26.304.06. )(3)(a),(b),
26.440.030(A) for SPA
lent within SPA.
~ty Council: Ord' ce approving, approving with
SPA. /
Section
or disapproving
D. Limitations. evelopment application for a f development plan shall submitted
within two (2) y s of the date of approval of onceptual development .Unless an
extension is gr ed by the City Council prior t xpiration, failure to file ch an application
within this e period shall render null an old the approval of a c ceptual development
plan. A oval of a conceptual develo ent plan shall not co tote fmal approval fo
devel ent in a Specially Planned (SPA), or permission proceed with develop
Su approval shall only constitute orization to proceed a development applicati n for
a nal development plan. (Ord. No. 7-2002 §§ 12-15, 2002)
26.440.050 Review standards for development in a Specially Planned Area (SPA).
A. General. In the review of a development application for-a conceptual development plan
and a final development plan, the Planning and Zoning Commission and City Council shall
consider the following:
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the pazcel in terms of land use, density,
height, bulk, azchitecture, landscaping and open space.
2. Whether sufficient public facilities and roads exist to service the proposed development.
City of Aspen Land Use Code. August, 2007.
rarr ann. raaP en
P19
3. Whether the pazcel proposed for development is generally suitable for development,
considering the slope, ground instability and the possibility of mud flow, rock falls,
avalanche dangers and flood hazards.
4. Whether the proposed development creatively employs land planning techniques to
preserve significant view planes, avoid adverse environmental impacts and provide
open space, trails and similaz amenities for the users of the project and the public at
lazge.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
6. Whether the proposed development will require the expenditure of excessive public
funds to provide public facilities for the parcel, or the surrounding neighborhood.
7. Whether proposed development on slopes in excess of twenty (20) percent meet the
slope reduction and density requirements of Section 26.445.040(B)(2).
8. Whether there are sufficient GMQS allotments for the proposed development.
The burden shall rest upon an applicant to demonstrate the general reasonableness and
suitability of the proposed development, and its conformity to the standazds and procedures
of this Chapter and Section; provided, however, that in the review of the conceptual
development plan, consideration will be given only to the general concept for the
development, while during the review of the final development plan, detailed evaluation of
the specific aspects of the development will be accomplished.
B. Variations fitted The fmal development pl hall comply with the requirements
of the underlyi one district; provided, however, th ariations from those requireme ay
be allowed ed on the standards of this Section. 'ations may be allowed for the owing
require s: open space, minimum distance een buildings, maximum hei . ;minimum
front d, minunum reaz yard, minimum a yazd, minimum lot width, m' um lot area,
tr access azea, internal floor area ra ' ,number of off-street pazking s . es and uses, and
sign standazds of Chapter 26.41 or streets and related improv ents. Any variations
allowed shall be specified in the agreement and shown on the fi development plan.
26.440.060
A. Conceptual~felopmentplan.
1. Cont of application. The contents o 'e development application for a con al
de opment plan shall include the fo g:
a. The general application i rmation required in Common Dev pment Review
Procedures set forth at pter 26.304.030.
City of Aspen Land Use Code. August, 2007.
Part 400, Page 91
P20 ~~ C~ ~,
thereof. Sixty (60) ent of the employee generati above eight (8)
employees shall be igated through the provision o ordable housing or
cash-in-lieu there
For exa a project generating 15 e oyees shall require employee
mitig n for a total of 5.4 employees follows:
st 4 employees = 0 employe tigation
Second 4 employees miti at 30% =1.2 employees
Remaining 7 employe itigated at 60% = 4.2 employee
Affordable housing sh be approved pursuant to S on 26.470.070.4,
Affordable Housing d be restricted to Category 4 rat s defined in the Aspen
Pitkin County ing Authority Guidelines, as ended. An applicant may
choose to pr a mitigation units at a lower C ory designation.
b) Up to "free-market residence may b created pursuant to 26.470 .4 -
Mi enlazgement of a Historic Lan azk for commercial, lodge, xed-use
d elopment. This shall be cum rve and shall include admi ' ative GMQS
approvals granted prior to doption of Ordinance No. ,Series of 2007.
Additional free-mazket (beyond one) shall be revi d pursuant to Section
26.470.080.2 -New e-Market Residential Units 'thin aMulti-Family o/
Mixed-Use Proiect.
~~ 2. Change in use. A change in use, of an existing property, structure, or portions of an
existing structure, between the Development Categories identified in Section 26.470.020,
(irrespective of direction) for which a Certificate of Occupancy has been issued for at least
two (2) years and which is intended to be reused, shall be approved, approved with
conditions, or denied by the Planning and Zoning Commission based on the General ~
Requirements outlined in Section 26.470 50. No more than one (1) free-mazket residential ~
unit may be created through the change-in-use.
3. Expansio Free-Market Residential Units within aMulti-F y or Mixed-Use
Project et Livable Area expansio existing free-mazke sldential units within a
mixe a project, or the Net Livab ea expansion afte emolition of existing free-
et residential units within ulti-family project 1 be approved, approved wi
conditions, or denied by Tanning and Zoni Commission based on the G i•al
Requirements outlined ' Section 26.470.050 e remodeling or expansion xisting
multi-family reside al dwellings shall b empt from growth manageme long as no
Demolition oc s, pursuant to Sectio 6.470.040.3.
4. ffordable Housin a development of affordabl ousing deed restricted in
ac dance with the As itkin County Housing Autho ' Guidelines shall be approv d,
proved with condi ' , or denied by the Planning oning Commission based~i the
following criteria:
City of Aspen Land Use Code. August, 2007.
Part 400. Pave 134
P21
26.470.050
A. P ose:
The ' t of growth manageme to provide for orderly develo nt and redevelopment
o . e City while provid' mitigation from the imp said development and
development creates. Brent types of development az egorized below as well a e
necessary review pr sand review standards for roposed development. A posal
may fall into m le categories and therefore multiple processes and dazds to
adhere to and Bet.
B. General Requirements:
All development applications for growth management review shall comply with the
following standazds. The reviewing body shall approve, approve with conditions, or deny
an application for growth management review based on the following generally applicable
criteria and the review criteria applicable to the specific type of development:
1. Sufficient growth management allotments aze available to accommodate the
proposed development, pursuant to Section 26.470.030.D. Applications for Multi-
Year Development Allotment, pursuant to 26.470.090.1, shall not be required to
meet this standazd.
2. The proposed development is consistent with the Aspen Area Community Plan.
3. The development conforms to the requirements and limitations of the zone district.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval, and
the Conceptual Planed Unit Development approval, as applicable.
5. Unless otherwise specified in this Chapter, sixty (60) percent of the employees
generated by the additional commercial or lodge development, according Section
26.470.100.A, Employee Generation Rates, aze mitigated through the provision of
affordable housing. The employee generation mitigation plan shall be approved
pursuant to Section 26.470.070.4, Affordable Housing, at a Category 4 rate as
defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower Category designation.
6. Affordable housing Net Livable Area, for which the finished floor level is at or
above Natural or Finished Grade, whichever is higher, shall be provided in an
amount equal to at least thirty (30) percent of the additional free-mazket residential
Net Livable Area, for which the finished floor level is at or above Natural or
Finished Grade, whichever is higher.
Affordable housing shall be approved pursuant to Section 26.470.070.4, Affordable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation. Affordable housing units that are
being provided absent a requirement ("voluntary units") may be deed restricted at
any level of affordability, including Residential Occupied.
City of Aspen Land Use Code. August, 2007.
Part 400, Page 128
P22
7. The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the
project. Public infrastructure includes, but is not limited to, water supply, sewage
treatment, energy and communication utilities, drainage control, fire and police
protection, solid waste disposal, parking, and road and transit services.
26.470.060
Applications:
The followin es of development shall be a oved, approved with conditions, or
denied by Community Development Direct pursuant to Section 26.470.110, Growth
Manage nt Review Procedures, and the c ' ria for each type of development described
belo Except as noted, all growth agement applications shall comply with e
eral Requirements of Section 26. .050. Except as noted, all administrative gr
management approvals shall be de ted from the respective Development Ceil' evels
but shall not be deducted fro the Annual Development Allotments. A nistrative
approvals apply cumula6vel
1. Single-Family an up[ex Development on Historic Land k Properties. The
development of a or multiple single-family residences or plex on a pazcel of land
designated Historic Landmazk and which contain historic resource shall be
approved the Community Development Direc This review applies to the
rehabil' ion of existing structures, recons on after demolition of existing
stru es, and the development of new struct on Historic Landmazk properties. No
rdable housing mitigation shall be re red provided all necessary approvals are
obtained, pursuant to Section 26.415, elopment Involving the Inventory of Hi c
Sites and Structures, and provided azcel contains a historic resource.
Development of single-famil r duplex structures on a Historic Lan ark property
that does not contain an oric resource (for example, a new ho on a vacant lot
which was subdivide om a historic landmark property) s be subject to the
provisions of Sectio 6.470.060.2 -Single-Family and Dupl welling units.
2. Single-Fa y and Duplex Dwelling Units.
The fol 'ng types of development of sing
the ision of affordable housing in one o
a. he development of a new single-f
permitted in the zone district, or dup
following conditions:
e- ily or duplex structures shall re re
e methods described in subpaza h c:
multiple detached residenti 'ts when
;x dwelling, on a vacant I one of the
• A vacant lot created b of Split, pursuant to Section 2 0.060(C).
• A vacant lot Great y a Historic Lot Split, pursuant ection 26.480.03'O.A.4;
when the subje of does not itself contain a histo ' resource.
^ A vacant 1 at was subdivided or was a ally described parcel prior to
Novem 14, 1977, that complies th the provisions of Se~n
26.48 20(E), Aspen Townsite Lots.
City of Aspen Land Use Code. August, 2007.
Part 400, Page 129
~, G.,t.
.~~.
~..~.
1. The propose ccessory Dwelling Unit or C 'age House meets the requirements Sec-
tion 26.5 0, Design Standazds.
2. pplicable deed restriction f e Accessory Dwelling Unit or C e House has
en accepted by the Aspen/Pi County Housing Authority and th ed restriction is re-
corded prior to an applica ' or a building permit.
C. Appeal of Director's ermination.
An appeal of a tion made by the Community elopment Director, shall be revie
as a Special 'ew pursuant to subsection D, belo this case, the Community Dev ent
Directo ' ding shall be forwazded as a rec endation and a new applicatio ed not be
~D. Special Review.
An application requesting a variance from the ADU and Carriage House design standards, or an
appeal of a determination made by the Community Development Director, shall. be processed as
a Special Review in accordance with the Common Development Review Procedure set forth in
Section 26.304. The Special Review shall be considered at a public hearing for which notice
has been posted and mailed, pursuant to Section 26.304.060(E)(3)(a)(b and c).
Review is by the Planning and Zoning Commission. If the property is a Historic Landmazk, on
the Inventory of Historic Sites and Structures, or within a Historic Overlay District, and the ap-
plication has been authorized for consolidation pursuant to Section 26.304, the Historic Preser-
vation Commission shall consider the Special Review.
A Special Review for an ADU or Carnage House may be approved, approved with conditions,
or denied based on conformance with the following criteria:
The proposed ADU or Carnage House is designed in a manner which promotes the purpose
of the ADU and Carriage House program, promotes the purpose of the zone district in
which it is proposed, and promotes the unit's general livability.
2. The proposed ADU or Carriage House is designed to be compatible with, and subordinate in
chazacter to, the primary residence considering all dimensions, site configuration, landscap-
ing, privacy, and historical significance of the property.
3. The proposed ADU or Carriage House is designed in a manner-which is compatible with or
enhances the character of the neighborhood considering all dimensions, density, designated
view planes, operating chazacteristics, traffic, availability of on-street pazking, availability
of transit services, and walking proximity to employment and recreational opportunities.
E. Inspe nand Acceptance.
P ' to issuance of a Certificate of Oc ancy for an ADU or Carriage Ho the Aspen/Pitkin
ounty Housing Authority, or 'ef Building Official, shall ins e ADU or Carria
House for compliance with esign Standazds. Any un-appro ariations from these~u-
P23
City of Aspen Land Use Code. August, 2007.
Part 500, Page 46
P24
•' Arts, Culture and Education ~
Intent
•Recognize the contribution of the arts,
culture and education to the quality of life
in Aspen. Support the arts and the cultural
community in its efforts to increase
awareness of its significance to the future
and quality of life in Aspen.
'[.~ Philosophy
Walter Paepcke helped found Aspen as a
unique community where the life-long
improvement of mind, body, and spirit became
more than a dream. His vision created an
enlightened community in which arts, culture,
and education provide essential cornerstones of
our lifestyle, chazacter, and economy. Today,
these cornerstones aze increasingly vital to the
uniqueness of our community and to our
economic and spiritual well being. Therefore,
arts, culture, and education aze acknowledged
as essential to Aspen's thriving year-round
economy, its vibrant international profile, and
its future as a unique place to live, work, and
learn.
culture, and education as a part of our daily
lives where citizens of all ages can think,
Team, caze, and achieve.
• Nurture intellectual and spiritual growth
that enriches our lives while challenging
our imaginations.
• Preserve and build upon our heritage.
• Celebrate social and ethnic diversity
through arts, culture, and education.
• Increase community support for all facets
of quality education.
• Make educational, cultural, and artistic
experiences more accessible for all valley
residents.
• Develop and cultivate local artists.
• Foster artistic, cultural, and educational
experiences where artists and audiences
interact.
• Recognize the extent to which arts, culture,
and education strengthen and stabilize our
yeaz-round economy.
Policies
• Support the continued vibrancy of the arts
in our community.
The City of Aspen will continue to be an
innovative leader in arts, culture, and
education. It will foster artistic creativity and
excellence, promote cultural diversity, and
provide continuing learning opportunities. Our
city is dedicated to increasing community
awareness and dialogue about arts, culture, and
education, and to providing access to all
residents and visitors of the Roaring Fork
Valley.
Our philosophy includes the desire to do the
following:
• Inspire our community to embrace arts,
• Support activities and education for youth.
45
--~
y
J
P25
'~ Economic Sustainability '•
Intent
•Maintain a healthy, vibrant and
diversified year-round economy that
supports the Aspen area community; to
maintain and enhance existing business and
cultural entities; and, to support and
promote the "Aspen Idea" of "mind, body
and spirit."
•Enhance the wealth-generatingZ
capacity of the local economy while
minimizing the rate at which cash flows
through the local economy ('throughput")
and limiting the expansion of the physical
size of the community.
Philosophy
The Aspen community includes full- and
part-time citizens. We shaze our community
with a lazge number of guests. Our economic
and business decisions should support and
sustain the environment and future generations.
They should ensure balance and integration
between "Aspen the Resort" and "Aspen the
Community."
Aspen's economic base is real estate,
tourism, arts, and recreation, especially skiing.
Retail, lodges, services, professionals, and
nonprofit organizations also support and aze
supported by the resort economy. Essential to
long-term viability is the unique, varied, high
quality, and welcoming experience Aspen
offers to both residents and a diverse visitor
population. They demand a lively, small-scale
downtown with diverse and unique shops and
vazied choices of accommodations, including
small lodges.
Local ownership of business helps maintain
our community's unusual character, tends to
return more money to the local economy, and
provides additional opportunities for upwazd
mobility of working people.
Externally-owned businesses can positively
affect the community too. For example, some
aze locally-serving businesses, which should be
supported because they make commerce more
convenient and strengthen the local economy
by causing transactions to take place in the
community that otherwise would take place
elsewhere (import replacement). Another
example: some externally-owned businesses
ate locally-involved. They contribute
volunteers, cash, and in-kind support to
community and nonprofit activities.
The community and its governments should
support local ownership as well as externally-
owned businesses that are locally-serving and
locally-involved.
A vibrant economy requires positive
working relationships between people and
institutions, especially between the private and
public sectors. Therefore, we must foster
mutual respect, civility, and friendship, and
continually improve our capacity to work
together for the common good.
A sustainable community's economy can
get better without getting bigger. The
economy and local businesses strengthen their
positions, not by continually increasing
throughput but by maximizing benefit and
profit with existing throughput.
'Generating wealth involves increasing profits, wages,
and savings.
31
P 2 6 ~~'' L
26.520
ACCESSORY DWELLING UNITS AND CARRIAGE HOUSES
26.520.010 Purpose
26.520.020 Definition
26.520.030 Authority
26.520.040 Applicability
26.520.050 Design Standards
26.520.060 Calculations and Measurements
26.520.070 Deed Restrictions, Recordation, Enforcement
26.520.080 Procedure
26.520.090 Amendments
~~~ 26.520.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) and Carnage House Program is to promote the
long-standing community goal of socially, economically, and environmentally responsible devel-
opment patterns which balance Aspen the resort and Aspen the community. Aspen values balanced
neighborhoods and a sense of commonality between working residents and part-time residents.
ADUs and Carnage Houses represent viable housing opportunities for working residents and allow
employees to live within the fabric of the community without their housing being easily identifiable
as "employee housing." ADUs and Carriage Houses also help to address the affects of existing
homes, which have provided workforce housing, being significantly redeveloped, often as second
homes.
ADUs and Carriage Houses support local Aspen businesses by providing an employee base within
the town and providing a critical mass of local residents important to preserving Aspen's chazacter.
ADUs and Carriage Houses allow second homeowners the opportunity to hire an on-site cazetaker
to maintain their property in their absence. Increased employee housing opportunities in close
proximity to employment and recreation centers is also an environmentally preferred land use pat-
tern, which reduces automobile reliance.
Detached ADUs and Carriage Houses emulate a historic development pattern and maximize the
privacy and livability of both the ADU or Carriage Houses and the primary unit. Detached ADUs
and Carriage Houses are more likely to be occupied by a local working resident, furthering a com-
munity goal of housing the workforce.
To the extent Aspen desires detached ADUs and Carriage Houses which provide viable and livable
housing opportunities to local working residents, detached ADUs and Carriage Houses qualify ex-
isting vacant lots of record and significant redevelopment of existing homes for an exemption from
the Growth Management Quota System. In addition, detached ADUs and Carnage Houses deed
restricted as "For Sale" units, according to the Aspen/Pitkin County Housing Authority Guidelines,
as amended, and sold according to the procedures established in the Guidelines provide for certain
Floor Area incentives.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 41
P27
26.710.230 Academic (A).
A. Purpose. The purpose of the Academic (A) zone district is to establish lands for education and
cultural activities with attendant reseazch, housing and administrative facilities. All development in the
Academic zone district is to proceed according to a conceptual development plan and fmal develop-
ment plan approved pursuant to the provisions of Chapter 26.440, Specially Planned Areas.
B: Permitted uses. The following uses are permitted as of right in the Academic (A) zone district:
1. Private school or university, teaching hospital, reseazch facility or testing laboratory, provided
that such facilities are enclosed and there aze no adverse noise or environmental effects;
2. Auditorium and other facilities for performances and lectures;
3. Gallery;
4. Museum;
5. Library; and
6. Administrative offices.
C. Conditional uses. The following uses aze permitted as conditional uses in the Academic (A) zone
district, subject to the standazds and procedures established in Chapter 26.425.
1. Boazdinghouse and dormitory for housing students and faculty of schools and other academic
institutions;
2. Student health caze facility;
3. Student and faculty dining hall; and
D. Dimensional requirements. The dimensional requirements which shall apply to all pemutted and
conditional uses in the Academic (A) zone district shall be set by the adoption of a conceptual devel-
opment plan and final development plan, pursuant to Chapter 26.440, specially planned azea.
City of Aspen Land Use Code. August, 2007
Part 700, Page 67