HomeMy WebLinkAboutlanduse.code amendment.sign code entire code 76.2010 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0076.2010.ASLU
PARCEL ID NUMBER
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER DREW ALEXANDER
CASE DESCRIPTION ORDINANCE 17 (SERIES OF 2010)
REPRESENTATIVE CITY COUNCIL
DATE OF FINAL ACTION 12.01.10
CLOSED BY ANGELA SCOREY ON: 12.01.10
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ORDINANCE NO. 17
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING 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, Sign Code, 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, 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 6 - 0 vote, City Council adopt the proposed amendments.
WHEREAS, during duly noticed public hearings on September 27"', October
25 and November 8 2010, the City Council took public testimony, considered
pertinent recommendations from the Community Development Director, referral agencies,
Planning and Zoning Commission, and considered the development proposal under the
applicable provisions of the Municipal Code as identified herein; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 1
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby
approves the amendments to Section 26.510, Sign, which section defines, describes,
authorizes, and regulates the process for placing a sign within the City of Aspen to read
as follows:
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 setback
Sec. 26.510.060 Sign measurement and location
Sec. 26.510.070 Sign illumination
Sec. 26.510.080 Sign lettering, logos and graphic designs
Sec. 26.510.090 Sign types and structural characteristics
Sec. 26.510.100 Signage allotment
Sec. 26.510.110 Sign restrictions for use categories
Sec. 26.510.120 Window displays, window wraps, and interior signage
Sec. 26.510.130 Signage in place prior to December 15", 2010
Sec. 26.510.140 Policies regarding signage on public property
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 fords 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:
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 2
r -°.
A. Preserve and maintain the City as a pleasing, visually attractive environment.
B. Enhance the attractiveness and economic well -being of the City as a place to live,
vacation and conduct business.
C. 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.
D. Enable the identification of places of residence and business.
E. Allow for the communication of information necessary for the conduct of
commerce.
F. 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.
G. 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.
H. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
I. 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.
•
1. Protect the public from the dangers of unsafe signs and require signs to be
constricted, installed and maintained in a safe and satisfactory manner.
K. 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.
L. Regulate signs in a manner so as to not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians.
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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 3
.r•
26310.030. 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. Signs not requiring a permit 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. Also, 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 gas -filled figures.
Temporary banners, pennants, streamers, balloons and inflatables shall be
permitted per Section 26.510.140, policies regarding signage on public property.
Non - permanent Streamers, pennants, and balloons shall be permitted in
association with a retail special event or sale of limited duration not exceeding
fourteen (14) days.
2. 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.
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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 4
6. Flags. Flags, emblems and insignia of political or religious organizations
providing such flags, emblems and insignia are displayed for noncommercial
purposes.
7. Garage, estate, yard sale or auction signs. On -site or off -site signs which
advertise a private garage, estate, yard sale or auction provided such signs are
displayed no more than twice per year per residence for a period not to exceed
three days. Sign must be removed at the conclusion of the event.
8. Government signs. Signs placed or erected by govemmental 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 designation. Signs placed on or in front of a historic building or site
identifying and providing information about a property listed on the Aspen
Inventory of Historic Landmark Sites and Structures or the National Register of
Historic Sites, which sign shall not exceed six (6) square feet in area, as approved
by the Historic Preservation Officer.
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 26375.150, Outdoor
lighting.
11. Incidental signs on vehicles. Signs placed om 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 an enclosed lobby or
courtyard of any building, which are not visible from the public right -of -way,
adjacent lots or areas outside the building. Also see section 26.510.120.
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 signs boxes. An exterior surface mounted or pole mounted sign box which
advertises and/or identifies a restaurant menu, drinks or foods offered or special
activities incidental to drink and food. One (1) sign per use, with an area not to
exceed four (4) square feet, with a height not to exceed the cave lines or parapet
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 5
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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 Signs. Political signs announcing political candidates seeking public
office, political parties or political and public issues shall be permitted provided:
a. All such sign may be erected no sooner than ninety (90) days in advance
of the election for which they were made.
b. All such signs shall be removed no later than seven (7) days after the
election for which they were made.
c. Political signs may not be placed on publicly owned property, rights -of-
way adjacent to public property, or within the State Highway 82 traffic
way including the round -a -bout and traffic islands. Political signs carried
or wom by a person are exempt from these limitations.
d. Area: No political sign for any one candidate or issue shall exceed eight
(8) square feet in area. This does not preclude multiple signs on one
property.
17. Property management/Timeshare identification signs. A building may have one
sign with an area not exceeding two (2) square feet identifying the name and
phone number of a contact person or management entity for the property and
stating that it has been approved. Multi- Family buildings may have up to one (1)
sign per ten (10) residential units. A building that is approved for exempt
timesharing, pursuant to Section 26.590.030, Exempt timesharing, may have a
wall- 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.
18. Public notices. Official government notices and legal notices.
19. Practical purpose signs. Practical signs erected on private property, such as lost
property signs, cautionary or "beware" signs, wedding announcements,
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 6
b.
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 facade
or property frontage, as applicable.
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
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. When multiple units are available, the area may be combined, but no
one property shall have more than twelve (12) square feet of signage
announcing the sale or rental of units.
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. 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
f. Location - Real estate for sale or rent signs must be placed on private
property or on rights of way adjacent to private property and not located
on public property. Real estate signs placed in the public right -of -way
shall be subject to removal or relocation by the Engineering Department.
21. Real estate photo boxes. Real estate offices may place descriptive images of
property that is currently for sale in storefront windows or on an exterior wall.
a. Area. Not to exceed 25% of the window surface area. Photo boxes not
placed in a window shall be limited to an area of six (6) square feet. Any
individual image with description shall not exceed one (1) square foot in
area.
22. Regulatory signs. Regulatory signs erected on private property, such as "no
trespassing," which do not exceed two (2) square feet and limited to one (1) per
building facade or property frontage, as applicable.
23. Religious symbols. Religious symbols located on a building or property used for
organized religious services.
24. Residential name and address signs. Detached residential dwelling units and
duplex 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. For mobile home parks, subdivision entrances, and multi -
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 7
family housing, see the requirements found in Section 26.5I0.110.A, Residential
Use Signs.
25. Street addresses on mailboxes.
26. Sandwich board signs carried by a person. Temporary sandwich board signs
which are carried by a person and are advertising or identifying a special, unique
or limited activity, service, product or sale of a limited duration or identifying a
restaurant menu. There shall not be more than one (1) such temporary sign per
use at any one time. Sign must not exceed six (6) square feet per side.
27. 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.
28. Temporary food vending signs. The food vending permit must include details of the
intended signage including size, material and location.
29. Temporary sale signs and going- out -of- business signs. Going - out -of- business
signs and temporary sale signs, announcing special sales of products and services,
shall be subject to the following:
a. Type. The sign(s) 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
sign(s) in any window and a total of not more than three (3) temporary
signs for each use.
c. Area. Each temporary sign shall not exceed three (3) square feet.
d. Duration. Temporary signs may be maintained for a period not to exceed
ten (10) days and shall be removed at the end of the tenth (10th) day or on
the day following the end of the sale, whichever shall occur first and shall
not be replaced for fourteen (14) days following the removal of the
sign(s).
30. Vending 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. Vending machine signs that are intemally
illuminated must be located inside of a building or in a space that is not visible
from the public right -of -way.
C Application. A development application for a sign permit shall include the following
information:
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 8
r^
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 and material;
4. The dimensions, measurements and calculations of building frontages — when
applicable; 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.
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 the
table under Sec. 26.510.110.D.1
B. Permanent Banners and pennants used for commercial purposes not associated with
a special event approved by the Special Events Committee approval per Section
26.510.140.
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
this Title and signs on benches, are prohibited, except as a temporary sign as provided for
in Section 26.510.030(B), Signs Not Requiring a Permit.
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. Electronically controlled copy changes, or any other signs that move
or use movement to emphasize text or images shall be prohibited. Objects independent
of a sign or objects on a sign that move, rotate, or revolve and do not include text or
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 9
images shall be permitted (also see Television monitors under Section 26.510.040.T and
Sign illumination under Section 26.510.070).
F. Neon and other gas fdled 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 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 the table under Sec.
26.510.110.D.1.
L Roof signs.
J. Search lights or beacons except as approved per Subsection 26.575.150.H, Outdoor
lighting, Exemptions.
1L 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,
including bicycles, 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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 10
P. Signs in public right 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. Signs on Public Buildings.
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. Strings of light and strip lighting. Strip lighting outlining commercial structures and
used to attract attention for commercial purposes and strings of Tight bulbs used in any
connection with commercial premises unless the lights shall be shielded and comply with
Section 26.575.150, Outdoor lighting.
T. Television Monitors. Television monitors, or any other electronic device that emits
an image onto a screen, displaying commercial content unrelated to the store or business,
shall be prohibited. Television monitors displaying related commercial content on a
screen of thirty-two (32) inches or Tess in size that are placed at least fifteen (15) feet
from the storefront window, and monitors displaying related commercial content installed
perpendicular to the public right -of -way shall be permitted. Television monitors
displaying non - commercial content, such as news, sporting events, and weather forecasts
shall be permitted within fifteen feet of the storefront provided that they are not directly
oriented towards the public right -of -way and are not more than thirty -two (32) inches in
size.
U. Unsafe signs. Any sign which:
1. Is structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate maintenance or
dilapidation;
3. Is not kept in good repair;
4. Is capable of causing electrical shocks to persons likely to come into contact with
it;
5. In any other way obstructs the view of, may be confused with or purports to be an
official traffic sign, signal or device or any other official government regulatory
or informational sign;
6. Uses any words, phrases, symbols or characters implying the 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;
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 11
es,
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 motorises clear view of
an intersecting road, alley or major driveway.
26.510.050. SIGN SETBACK
Signs are not subject to the setback requirements of the Zone District where they are
located.
26.510.060. SIGN MEASUREMENT AND LOCATION
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.C, 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.
C Sign area. Sign area shall be the area of the smallest four -sided geometric figure
which encompasses the facing of a sign including copy, insignia, background and
borders, provided that cut -out letter signs shall be credited toward allowable sign area at
one -half (1/2) the measured area (see Figure 1 on following page).
The cut -out letter sign credit is given because these types of signs encourage transparency
in regards to building materials and store windows, or lessen the impact of signage on
awnings. Cut -out letter signs shall include the following:
1. Cut -out wall signs made out of wood, metal, stone or glass.
2. Cut -out window signs (such as laminate adhesive lettering)
3. Lettering on awnings that use the awning's primary color for the backing, for
example, white lettering placed on an awning that is completely red. The credit
would not be given to white lettering in front of a black background on an
awning that is otherwise completely red.
* *Note: For the purposes of calculating cut -out letter signs for compliance with
Section 26.510.110, Sign Restrictions by Use -Type, the size of the cut -out letter
sign shall be the final area after the reduction has been applied. For example, a
two by six foot (2' x 6') cut -out letter sign shall be permitted on the wall of a
retail use, given that after the reduction has been applied it is only considered a
(6) square foot sign.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 12
-- --
(Window)
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Figure 1: Above: Window sign with cut -out 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. & total
p O
2' Sz Ste of Ths Sgr
Y
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(4 10'
2 '
Sign Area = 6 sq. ft.
• 3'
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 13
c n
D. Sign location and placement. When possible, signs shall be located at the same
height on buildings with the same black 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. The location of a sign on a building shall
correspond with the interior tenant space associated with the sign. For example, a
business on the first floor of a building shall not place a sign on the third floor of the
building. However, businesses on upper levels may place signage on the ground level to
indicate the entrance for the business.
Signs located Sign in
.. ,-. .. 44, _ « n s K 1, r at same height proportion to
building
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Sign not covering exceeding 25% of
architectural feature window area
Figure 2 (Above): Desired Style
Figure 3 (Below): Undesirable Style
— No consistency
in sign height Sign not
proportional to
building
.ii•- ,..i ..60 i 1 1 UflST : - _
ii ii i' X 71 � '
Sign covering Window signs far
architectural feature mom than 25% of
window area
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 14
1
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. Backlit signs are permitted,
provided that the following criteria are satisfied:
1. Signs shall be lit from a source mounted on the sign or on the wall behind the
proposed sign with a non - visible point - light- source. Emitted light shall not create
excess glare or light trespass on adjacent properties. The sign shall be made out of
a solid and non - transparent material.
B. Prohibited illumination. No sign shall be illuminated through the use of intemal,
oscillating, flickering, rear (excluding permitted backlit illumination), variable color,
fluorescent illumination or neon or other gas tube illumination, except when used for
indirect illumination and in such a manner as to not be visible from the public right -of-
way.
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 ").
26.510.090. SIGN TYPES AND CHARACTERISTICS
A. Freestanding signs. Freestanding signs shall not be higher than the principal
building or fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet
above grade when located adjacent to a pedestrian way. Freestanding signs shall be made
primarily of wood, glass, metal, or stone.
B. Identification signs. Signs intended to identify 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.
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.
Projecting or hanging signs shall be made primarily out of wood, glass, metal, or stone.
To qualify for the projecting/hanging sign exemption, the sign must be installed
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 15
perpendicular the building frontage. When three (3) or more projecting/hanging signs are
proposed above a common entry way, they shall be installed in a linked or serial fashion.
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. Wall signs shall be made primarily out of
wood, glass, metal, or stone.
D. Awning Signs. No sign placed on an awning may project above, below, or off of an
awning. Awning signs may only be placed on awnings that meet the definition for
Awning in Section 26.104.100, Definitions.
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 contain a fixed message or be made out of chalkboard. Dry erase boards are
prohibited. Sandwich board signs shall not be used as merchandise displays. A six (6)
foot travel width must be maintained on sidewalks and pedestrian malls. This does not
allow for signs aligned on edge with one another, thus creating a solid line of sandwich
board signs, unless the six (6) foot travel width is maintained on both sides. Shall not be
left out overnight. Permits for sandwich board signs shall be revocable by the Community
Development Director if the above criteria are not met, or if in the opinion of the
Community Development Director, the sign creates a visual nuisance. Sandwich board
signs must also comply with those requirements found within Section 26.510.110.D.1.
g
srgn
Figure 4: Freestanding Signs
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 16
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r
Figure 5: (Above) Projecting Sign (left) and Hanging Sign (right)
(Below) Awning Sign
Awning Slope Plane
Awning Side Plane
Awning Skirt
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 17
SEC. 26.510.100 SIGN ALLOTMENT
A. Sipe Allotment Frontage shall be defined as any portion of a storefront that faces the
same general direction. Signage for an individual business frontage must be used on that
frontage, and not combined with an allotment elsewhere. Businesses with an articulating
facade along one elevation shall combine such facade to receive one signage allotment.
The following list explains the allotments per individual use types:
1. Residential Use signage allotment shall be dependent upon the dwelling type and
whether or not the dwelling is being used as a bed and breakfast or home
occupation.
2. Arts, cultural, civic, and academic uses shall be allotted six (6) square feet of
signage per individual business frontage. If a business frontage is more than thirty
(30)' in length, that frontage shall receive eight (8) square feet of signage.
3. Recreational uses shall be allotted six (6) square feet of signage per individual
business frontage. If a business frontage is more than (30)' in length, that frontage
shall receive eight (8) square feet of signage.
4. Restaurant and Retail uses shall be allotted six (6) square feet of signage per
individual business frontage. If a business frontage is more than (30)' in length,
that frontage shall receive eight (8) square feet of signage.
5. Lodge uses shall be eligible for twelve (12) square feet of signage allotment per
individual business frontage.
6. Office and Service uses shall be allotted six (6) square feet of signage per
individual business frontage. In buildings with four (4) or more tenants with an
Office or Service Use, the allotment shall be reduced to three (3) square feet of
signage per individual business frontage.
7. Lot of 27,000 or more square feet with one building and one (1) tenant shall be
granted twenty (20) square feet of signage per applicable frontage. The
limitations for individual sign size shall match that of Lodge Use signs
(26.510.110.E).
8. Buildings with four (4) or more tenants (restaurant, retail, office, or service uses)
may create one (1) business directory sign for each street facing facade that grants
each tenant no more than one (1) square foot for the purposes of business
identification. The business directory sign shall not count towards the signage
allotment for the individual tenants. The maximum area for any business
directory sign shall be ten (10) square feet
•* Note: 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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 18
SEC. 26510.110 SIGN RESTRICTIONS BY USE -TYPE
A. Residential uses. For all residential uses, only signs permitted under Section
26.510.030.B, Signs Not Requiring a Permit, 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 Maximum Height Comments
Signs Area (Sq. Ft.) of Freestanding
Signs
Identification 1 per multi- 20 5' The area of the
Sign (wall, family sign shall not
freestanding complex, exceed two (2)
or monument subdivision square feet per
sign) entrance, or dwelling unit, and
mobile home shall not exceed a
park total of 20 square
feet.
Bed and 1 per street 6 per sign 6' Illumination
Breakfast frontage permitted, must be
in compliance with
this Chapter and
26375.150
Home 1 per street 6 per sign 6' Illumination is
Occupation frontage permitted only
when it is
identifying a home
occupation of an
emergency service
nature
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 19
Oas
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, Signs Not Requiring a
Permit, and the following signs are permitted and then only if necessary and incidental to
a permitted or conditional use.
Type of Sign Sign Area (Sq. Maximum Comments
Number of Ft.) height of
Signs Freestanding
Signs
Identification No more than Size of sign 6' Illumination permitted,
Sign one (1) cannot exceed unless in a residential
(freestanding, Freestanding six (6) sq. ft. zone.
wall, projecting Sign per
sign, or awning facade
sign
No more than Size of sign n/a Sign must not go above
two (2) wall cannot exceed eave point Illumination
signs per six (6) sq. ft. permitted, unless in a
business residential zone.
frontage
No more than Size of sign n/a Sign must not go above
one (1) cannot exceed eave point Illumination
projecting or six (6) sq. ft. permitted, unless in a
hanging signs residential zone. Does
per business not count towards sign
frontage. allotment.
Awning sign. Logos or icons n/a Illumination permitted.
I per awning on awnings Counts towards sign
plane. cannot be larger allotment. Lettering or
than 1 sq. ft. logos on awnings must
be arranged in a
consistent horizontal or
vertical band. Only
one band is permitted
for each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 20
C Recreational uses. For recreational uses, only signs permitted under Section
26.510.030.B, Signs Not Requiring a Permit, and the following signs are permitted and
then only if necessary and incidental to a permitted or conditional use.
Type of Sign Number of Sign Area (Sq. Maximum Height Comments
Signs Ft.) of Freestanding
Signs
Identification No more than Size of sign 6' Illumination
Sign one (1) cannot exceed permitted, unless
(freestanding, freestanding six (6) sq. ft. in a residential
wall, sign per zone.
projecting, or frontage
awning sign)
No more than Size of sign n/a Sign must not go
two (2) wall cannot exceed above eave point
signs per six (6) sq. ft. Illumination
business. permitted, unless
frontage in a residential
zone.
No more than Size of sign n/a Sign must not go
one (1) cannot exceed above eave point
projecting or six (6) sq. ft. Illumination
hanging signs permitted, unless
per business in a residential
frontage. zone. Does not
count towards sign
allotment.
Awning sign. Logos or icons n/a Illumination
1 per awning on awnings permitted. Counts
plane. cannot be larger towards sign
than 1 sq. ft. allotment.
Lettering or logos
on awnings must
be arranged in a
consistent
horizontal or
vertical band.
Only one band for
each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 21
D. Restaurant and Retail uses. Only signs permitted under Section 26.510.030.B, Signs
Not Requiring a Permit, and the following signs are permitted and then only if accessory
and incidental to a permitted or conditional use:
Type of Number of Sign Area Maximum Height Comments
Sign Signs (Sq. Ft.) of Freestanding
Signs
Identification Freestanding Size not to 6' Illumination
Sign sign. 1 per exceed six permitted.
(freestanding, individual (6) sq. ft.
wall, business
projecting frontage.
/hanging,
window, or
awning sign) Wall sign. 2 Size not to n/a Must not go above
per individual exceed six eave point.
business (6) sq. ft.
frontage.
Projecting or Size not to n/a Sign must not go
hanging sign. exceed six above eave point.
1 per business (6) sq. ft. Illumination
frontage. permitted. Does not
count towards sign
allotment.
Window sign. Not to n/a Counts towards sign
1 per window. exceed 25% allotment. Not to
of window exceed 25% of
area. window
Awning sign. Logos or n/a Illumination
1 per awning icons on permitted. Counts
plane. awnings towards sign
cannot be allotment Lettering
larger than 1 or logos on awnings
sq. ft. must be arranged in a
consistent horizontal
or vertical band.
Only one band for
each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 22
Restaurant and Retail Use Signs Continued:
Type of Sign Number of Sign Area (Sq. Ft.) Comments
Signs
Business No more than 1 sq. ft. of signage The portion of the directory sign
directory two (2) for each business used for the associated business
signs business using the directory counts towards that business's sign
directory signs sign. No directory allotment, unless using the
per lot. sign shall exceed exemption found in 26.510.100.A.8,
10 sq. ft. in size. Sign Allotment per business.
1. Sandwich Board Signs: Sandwich board signs are intended for special sales, the
advertisement of unique menus or offerings at restaurant establishments, and for
businesses that are difficult to locate. Only one (1) sandwich board sign is
permitted per business and a permit must be obtained. The size is not to exceed
six (6) square feet per side. These signs are only permitted for retail and
restaurant businesses within the CC and C -I zone districts. Restaurants may use
one (1) sandwich board sign if it is located on adjacent private property.
Additionally, sandwich board signs may be used continuously by those locations
identified on the City of Aspen Sandwich Board Sign Location Map.
Amendments to the map may be made administratively by the Community
Development Director. Locations were selected using the following criteria:
a. Business has no portion of a storefront that is parallel to the public
right -of -way,
b. Business is provided access through a common entryway that is not
exclusively used for the said business, or
c. Business has a storefront that is obscured by another building, or
portion thereof, on the same lot (i.e. interior courtyard)
If a sandwich board sign is permitted under a criterion listed above, and there are
three (3) or more businesses that share the same means of access (i.e. exterior
corridor, interior corridor, or courtyard) the businesses shall consolidate signage
onto one (1) sign. Board signs do not count towards sign allotment. Sign must be
located adjacent to the parcel that contains the business, but may be located on
public right of way. Also see criteria under 26.510.090.F
Special sales permits for the placement of Sandwich Board Signs may be
requested and granted by the Community Development Director. These permits
are valid for one (1) week and no business shall receive more than eight (8)
special sale sign permits within an annual year (January 1 — December 31).
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 23
E. Lodge uses. Only signs permitted under Section 26.510.030.B, Signs Not Requiring a
Permit, 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 Area Maximum Comments
Signs (Sq. Ft.) Height of
Freestanding
Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 2 per exceed ten
(freestanding, individual (10) sq. ft per
wall, business sign.
projecting frontage.
/hanging,
window, or
awning sign) Wall sign. 2 Size not to n/a Sign must not go above
per individual exceed ten eave point_ Illumination
business (10) sq. ft. permitted.
frontage. per sign.
Projecting or Size not to n/a Sign must not go above
hanging sign. exceed ten cave point. Illumination
2 per (6) sq. ft. per permitted. One (1)
individual sign. projecting or hanging sign
business per business frontage shall
frontage. be exempt from counting
towards sign allotment.
Window sign. Not to n/a Counts towards sign
1 per window. exceed 25% allotment. Not to exceed
of window 25% of window
area
Awning sign. Logos or n/a Illumination permitted.
1 per awning icons on Counts towards sign
plane. awnings allotment. Lettering or
cannot be logos on awnings must be
larger than 1 arranged in a consistent
sq. ft. horizontal or vertical
band. Only one band is
permitted for each awning
plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 24
F. Office and Service uses. Only signs permitted under Section 26.510.030.B, Signs Not
Requiring a Permit, and the following signs are permitted and then only if accessory and
incidental to a permitted or conditional use. As stated in Section 26.510.100.A.6 of this
Chapter, Office and Service uses shall be allotted six (6) square feet of signage per
individual business frontage. In buildings with four (4) or more tenants with an Office or
Service Use, the allotment shall be reduced to three (3) square feet of signage per
individual business frontage.
Type of Sign Number of Signs Sign Area (Sq.Maximum Height of Comments
Ft) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 1 per exceed six (6)
(freestanding, individual sq. ft
wall, business -
projecting frontage.
/hanging,
window, or
awning sign) Wall sign. 1 per Size not to n/a Sign must go above
individual exceed six (6) eave point. Illumination
business sq. ft. permitted.
frontage.
Projecting or Size not to n/a Sign must not go above
hanging sign. 1 exceed six (6) eave point. Illumination
per individual sq. ft. permitted. Does not
business count towards sign
frontage. allotment.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment. Not to
window area exceed 25% of window
Awning sign. 1 Logos or icons n/a Illumination permitted.
per awning on awnings Counts towards sign
plane. cannot be allotment. Lettering or
larger than 1 logos on awnings must
sq. ft. be arranged in a
consistent horizontal or
vertical band. Only one
band is permitted for
each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 25
t
Office and Service Use Signs Continued:
Type of Sign Number of Signs Sign Area (Sq. Comments
Ft.)
Business directory No more than two 1 sq. ft. of signage The portion of the
signs (2) business for each business directory sign used for
directory signs per using the directory the associated business
lot. sign. No directory counts towards that
sign shall exceed business's sign
10 sq. ft. in size. allotment, unless using
the exemption found in
26.510.100.A.8, Sign
Allotment per business.
26.510.120. WINDOW DISPLAYS, WINDOW WRAPS, AND INTERIOR
SIGNAGE
Window displays: Window displays of merchandise and representations thereof are not
subject to sign regulations, sign square footage and do not require a sign permit. Window
displays may have minimal illumination which shall be directed inward towards the
business so that there is no contribution of light pollution to adjacent streets or properties.
The following types of illumination and signage are prohibited:
I. 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.
3. Backlit or internally illuminated displays or graphics.
Window wraps. A window wrap is an image placed directly on a storefront window that
advertises the store or merchandise within the store. Retail businesses with five (5) or
more windows on a frontage may use one (1) of these windows for a wrap that shall not
count towards signage allotment. In order to qualify for this exemption, the window
wrap shall contain no lettering or advertising in excess of three (3) square feet. This
precludes window wraps that predominantly consist of lettering and announcement of
sales and encourages window wraps that predominantly consist of a singular
photographic image. No more than 25% of any other window on that frontage may be
used for window advertising.
Interior signage. Interior signage placed within fifteen (15) feet of storefront windows
shall be deducted from the business's signage allotment. This type of signage shall
include, but is not limited to, special sale signs, names of products, official logos, and
descriptions of inventory. Signage placed perpendicular to the public right-of-way or
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 26
more than fifteen (15) feet from the storefront window shall be exempt from signage
calculations.
26.510.130 SIGNAGE IN PLACE PRIOR TO DECEMBER 15', 2010
Signage that is in place with an approved sign permit may be kept in place after the
adoption of this Chapter. Existing signage without an approved sign permit may obtain a
building permit before December 15', 2011. Any existing signage lacking an approved
building permit after December 15 2011 shall be in compliance with the regulations of
this Chapter. All sandwich board signs within the City of Aspen shall be compliant with
these regulations beginning on December 15 2010.
26.510.140 POLICIES REGARDING SIGNAGE ON PUBLIC PROPERTY
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 signage on public rights -of -way, banners and
flags on light posts on Main Street, signs in City parks, displays in City parks, signs hung
across Main Street at Third Street, and signs on public buildings. These regulations shall
be read in conjunction with this Chapter and are not intended to supersede the regulations
of signs as set forth therein.
Temporary signs and displays provide an important medium through which individuals
may convey a variety of noncommercial and commercial messages. However, left
completely unregulated, temporary signs and displays can become a threat to public
safety as a traffic hazard and detrimental to property values and the City's overall public
welfare as an aesthetic nuisance. These regulations are intended to supplement this
Chapter and to assist City staff to implement the regulations adopted by the City Council.
These regulations are adopted to:
1. 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;
2. Further the objectives of this Chapter, Signs; and
3. 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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 27
A. Definitions
1. 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:
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
B. Signs on public rights - of - way.
1. 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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 28
These regulations do not apply to banners on the Main Street Tight posts or
hanging across Main Street that are subject to different regulations and criteria.
2. Size/Number/Material: Only two signs per event/organization shall be permitted.
Signs shall not exceed ten square feet each and banners shall not exceed fifty
square feet. Banners must be made of nylon, plastic or similar type material.
Paper signs and banners are prohibited.
3. 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.
4. Cost/Fees/Procedures: Applicants shall be required to pay the necessary fees for
approval from the Special Events Committee. Any event not requiring review by
the Special Events Committee shall submit a sign plan to the Community
Development Department for review and approval for a fee as outlined in Chapter
2.12, Miscellaneous fee schedules, of this Code. Applications must be received a
minimum of thirty days prior to the event. The applicant shall also submit a
refundable security deposit as outlined in the current fee schedule to be applied to
any damages, repairs or the cost of removal if not corrected/removed by the
applicant within three days.
5. 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.
6. 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.
7. Maintenance: All signs and banners shall be maintained in an attractive manner,
shall not impede vehicular or pedestrian traffic and shall not pose a safety risk to
the public.
8. Exceptions: Any exceptions from the above requirements shall require City
Council review and approval.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 29
C. Banners and flags on Main Street light posts.
1. Purpose: Banners and flags hung from light posts on Main Street have
traditionally been permitted to celebrate special events of community interest
The purpose of these policies and regulations is to clarify which events may be
celebrated and advertised through the use of banners or flags hung from the City-
owned light posts on Main Street
2. Eligibility: Banners hung from the Main Street light posts shall be permitted for
anniversaries of local nonprofit organizations beginning at the organization's tenth
(10th) year and for events that are considered relevant to a large segment of the
local community. The United States, Colorado, Aspen or foreign country flags
shall be permitted at the discretion of the City Manager.
3. 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.
4. Content: Banners shall only contain information identifying the event, the date
and time or a simple graphic/logo related to the event. Any commercial
advertising shall be minimized so that any commercial content is not the most
prominent information conveyed on the banner or flag and shall be limited to no
more than thirty percent (30 %) of the area of the sign. The City reserves the right
to request changes to the design, color or content in order to assist the applicant to
comply with this requirement.
5. Cost/fees/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.
6. 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.
7. 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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 30
--
11 _._ ... _... _..__._
11 Signs in City parks related to special events in the City Park.
1. Purpose: Unattended signs are generally prohibited in City parks. Separate
regulations apply to temporary unattended signs placed in Paepcke Park (See
below for those regulations.) The purpose of this policy is to regulate unattended
temporary signs that are permitted in limited circumstances in City parks. The
City recognizes that unattended temporary signs may be a necessary element to
many special events that are permitted in City parks in order to communicate
general information to the public and advertise services, products and offerings as
well as sponsorship of the special event. Accordingly, temporary unattended
signs are 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.
2. 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.
3. 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.
4. Cost/Fees/Procedures: Applicants shall be required to pay the necessary fees for
approval from the Special Events Committee. Any event not requiring review by
the Special Events Committee shall submit a sign plan to the Community
Development Department for review and approval for a fee as outlined in the
current fee schedule. The applicant shall also submit a refundable security
deposit as outlined in the current fee ordinance to be applied to any damages,
repairs or the cost of removal if not corrected/removed by the applicant within
three (3) days. The applicant shall receive the necessary approval prior to the
installation of any signs. Applications must be received no later than thirty (30)
days prior to the event.
5. 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
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 31
to this regulation is six inch by thirty inch (6" x 30 ") directional signs for
commercial organizations using City parks.
6. Duration. Unattended temporary signs may be erected and maintained only for
the duration of the event or forty-eight (48) hours, whichever is Tess. All signs
must be removed immediately following the event.
7. 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.
8. 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 26.510.140.D.8
to City Council for review and approval.
E. Unattended Temporary Signs in Paepcke Park
1. 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.
2. 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.
3. 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.
4. 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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 32
5. 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.
6. Duration: Applicants are permitted to maintain their signs for no more then
fourteen (14) days.
7. 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.
8. Exceptions: Any exceptions from the above requirements shall require City
Council review and approval.
F. Signs across Main Street at Third Street
1.. Purpose: The purpose of this policy is to regulate signs permitted to be located
temporarily across the Main Street right -of -way at Third Street. Temporary signs
shall be permitted in this location to advertise noncommercial special events open
to the general public provided the following policies and procedures are followed.
These regulations do not apply to banners on the Main Street light posts or signs
other than those hanging across Main Street at Third Street.
2. Size /number /material: Banners must consist of the following specifications:
(1) Any type of durable material;
(2) Semi circular wind holes in banner;
(3) Metal rivets at all 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.
3. 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 located in the public
right -of -way on public property (even by a nonprofit organization) is prohibited
per Subsection 26.510.040.P.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 33
4. Cost/Fees/Procedures:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
5. 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 r` 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.
6. Duration: One (1) banner, per event, may be hung for a maximum of fourteen
(14) days, as per Subsection 26.510.030.B.1. 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.
7. Maintenance: All banners shall be maintained in an attractive manner.
8. Exceptions: Any exceptions from the above requirements shall require City
Council review and approval.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 34
•
G. Signs on public buildings. Signs on public buildings shall be prohibited
Section 3:
A public hearing on the Ordinance was held on the 27 day of September, 2010, at 5:00
p.m. in Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 4:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5: The effective date of this ordinance shall be December 15 2010. Therefore,
the Sign Code in effect at the time of this approval shall be valid until December 15 2010.
Prior to October 1 of 2011, the City Council shall hold at least one (1) work session to
assess the effectiveness of this newly created Sign Code.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26 day of July, 2010.
{Signatures on following page}
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 35
Attest:
Kathryn S. i h, City Clerk Michae C. Ireland, yor
FINALLY, adopted, passed and approved this 1 SI day of JV ou ca esf ., 2010.
Attest:
Kathryn S. /1 h, City Clerk Michael C. Ireland, M yor
Approved as to form:
City Attorney
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 36
Regular Meeting Aspen City Council November 8, 2010
SCHEDULED PUBLIC APPEARANCES 2
CITIEN PARTICIPATION 3
COUNCILMEMBER COMMENTS 3
GIVEN INSTITUTE 4
CONSENT CALENDAR 7
• Resolution #90, 2010 - Contract for Compost Grinder 7
• Resolution #91, 2010 — Amendment to Wheeler Basement Design Contract 7
• Minutes— September 8, 20, October 12, 25, 26, 2010 7
ORDINANCE #28, SERIES OF 2010— Revised Historic Preservation Aspen Modern 7
RESOLUTION #92, SERIES OF 2010 -604 W, Main Extension of Vested Rights 9
ORDINANCE #23, SERIES OF 2010 —1102 Waters Avenue Ordinance #48 Negotiations 10
ORDINANCE #24, SERIES OF 2010 - Supplemental Appropriation 11
ORDINANCE #17, SERIES OF 2010 — Code Amendment — Signs 11
ORDINANCE #27, SERIES OF 2010 — Code Amendment Calculations and Measures 12
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Regular Meeting Aspen City Council November 8.2010
Mayor Ireland called the meeting to order at 5:03 PM with Councilmembers Torre, Skadron,
Romero and Johnson present.
SCHEDULED PUBLIC APPEARANCES
Ruthie Brown, Healthy Rivers and Streams, and Tim McFlynn told Council they are organizing a
two step committee process to examine the Castle Creek hydropower project. The first step is to
assemble independent experts which group will be comprised of a water lawyer, water engineer,
aquatic biologist, a hydro expert and an environmental lawyer. The group will get copies of all
records from the city water department. The second step is a community mediation process
which will start as soon as possible after the panel of independent experts issue their report
looking at assumptions, questions asked and the responses given, and some analysis. Owen
Olpin, a mediator from Utah, will direct the committee which will be made up of Steve Barwick
and Dave Hornbacher from the city, John Ely representing Health Rivers and Streams, Nathan
Ratledge, CORE, Auden Schindler, Aspen Skiing Company, John Katzenberger, Sharon Clark
and Tom Cardamone, ACES and 5 landowners from the Maroon and Castle Creek caucuses.
The mediator has recommended including two disinterested citizens who are suggested be
Robert Musser and Bill Budinger. The goal of step 2 is to strike an appropriate balance between
protection of the stream flows and expansion of renewable energy sources. McFlynn thanked
Council for letting them try to move this forward in a productive way.
Councilman Romero asked how this will mesh with the FERC process. Steve Barwick, city
manager, told Council the land use approval in front of Council will be continued until this group
has issued its findings. Dave Hornbacher, water department, said the processes can go on
concurrently and this does not inhibit the city's draft application for a FERC permit.
Councilman Romero said he does not want the city to get too far forward on any application with
the federal process that would prevent the city from being able to respond to this process. Ruthie
Brown told Council Healthy Rivers and Streams can be part of the FERC permit process so they
are informed of the process.
McFlynn said Council continued the land use approval and created time to organize this process,
and then the city filed for the draft FERC application, and Council should be mindful that the
committee is trying to take a responsible amount of time to allow the process to come to fruition.
McFlynn noted there is a public comment period on both the draft and the final FERC permit
applications. Councilman Romero asked about putting the FERC process on ice. Barwick asked
if the city can request that the public comment period be extended. Hornbacher said he would
ask if that is possible. McFlynn requested city staff inform everyone involved of the status of
that request so that no one is forced to act. Mayor Ireland said the city needs to make a decision
one way or the other in a diligent manner.
2
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Regular Meeting Aspen City Council November 8, 2010
Ken Neubecker, Westem Rivers Institute, requested city ask FERC for an extension on the
comment period so that everyone can see the report from the public forum. Neubecker asked
that ail the information be available on the website. Maureen Hirsch told Council she called
FERC and the draft is in the 60 days public comment period. If a final draft application is filed,
there is another 60 day public comment period. Tom Hirsch said there does not seem to be a
way for the public to get into a conversation with Council about this issue. Mayor Ireland
explained that the land use issue is a quasi judicial process and Council cannot have ex parte
contacts about issues in that process. Mayor Ireland said Council has to balance between a give
and take exchange and being filibustered. Mayor Ireland said there is no objection to extending
the comment period and give the process more time. Councilman Romero agreed he would like
the independent process preserved and honored. Yasmine dePagter said she hoped the FERC
process could be put on hold until the mediation is complete. Ms. dePagter said it is premature
to file for that permit.
CITIEN PARTICIPATION
I . Mike Maple brought up the proliferation of signs put up by the government on Main
Street, 3 per block. Maple said he feels the city government is going overboard with these signs.
Maple said on the mall across from the Wheeler, there are at least 4 signs stating "Walk Only ".
There does not need to be that many signs telling people to walk their bikes in the mall. Maple
noted the ultimate locally serving business, City Market, is closed for remodel and requested the
city do everything they can to expedite the improvement so City Market can re -open.
2. Emmy Veazy brought up priorities and local business should be first priority. Veazy said
there should be exit interviews with city employees to fmd out why they are leaving.
3. Bill Wiener asked if there will be a bin to recycle cooking oil at the new recycle center.
Lee Cassin, environmental health department, said there will not be but she will contact Wiener
about places that will accept recycled oil. Wiener noted that bicyclists do not follow the rules of
the road, like obeying stop signs. There is nothing one can do because there are no license
plates. Wiener suggested requiring bicyclist have a local plate of 2 or 3 digits so that people can
report scofflaws to the police department.
COUNCILMEMBER COMMENTS
I . Councilman Torre noted the ladies hockey team from Chamonix is in Aspen and there are
opportunities for locals to get involved, besides going to the hockey games.
3
Regular Meeting Aspen City Council November 8, 2010
2. Councilman Johnson said the high school football team beat Carbondale and will be in
the play offs, a home game this Saturday at 1 PM. Councilman Johnson encouraged everyone to
go out and cheer.
3. Councilman Romero said the lodging tax, question 2A, passed and this will enable a
more comprehensive marking program on behalf of Aspen's lodges, retail and restaurant
businesses.
4. Councilman Skadron said the city and ARC hosted the fall face off hockey tournament
with over 90 hockey games. Councilman Skadron said these were well attended and a great
benefit to the community, especially during the off season. These games introduce Aspen to
people who may not otherwise come to Aspen. Councilman Skadron complimented the ARC
and city staff.
5. Councilman Skadron said Aspen Film is starting their screening process for filmfest and
it is a chance for community members to get involved in viewing films and rating them.
6. Mayor Ireland noted 1776, the play, is at the Wheeler. Everyone should get out and see
it.
7. Mayor Ireland congratulated the winners from the November election, including Rob
Ittner, county commissioner, and Gail Schwartz, state senator.
8. Mayor Ireland said the girls' hockey team played a great game and lost in the last few
minutes.
GIVEN INSTITUTE
John Worcester, city attorney, told Council the city is in negotiations with the University of
Colorado on the Given Institute. Worcester said as part of this, Council should deny the
rezoning ordinance and the Ordinance #48 negotiations should be continued. Bart Johnson,
representing SC Acquisitions, told Council they are under contract to purchase the Given
property from CU. The proposal is to preserve the Given either as a non -profit that the city
would be involved in the mechanics of or after a year, the building would be preserved as either
a duplex or single family residence. Mitch Haas, representing SC Acquisitions, told Council the
goal of this plan is to preserve the Given building on its own lot and create 3 residential lots
around it. The Given building and site will be landmark designated. This plan will go through a
full Ordinance #48 review and full public process, starting with a joint HPC and P &Z review
before public hearings at City Council. Haas said the proposal is to subdivision the property
into Lots that are compatible with the surrounding R -6 zone district. Haas said there is enough
land that could be subdivided into 14 lots and the applicants are only proposing 4 lots.
4
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Regular Meeting Aspen City Council November 8, 2010
Johnson said once there is an approval and the applicants can close the deal with CU, the city
will then have a one -year lease on the Given building for $1 /year plus maintenance expenses,
during which there will be an option to purchase, assignable to non - profits. If the city does not
exercise that option, the land owner can convert the building to a single family or duplex
residence subject to historic preservation. Johnson said the goal is to preserve both the building
and the uses with the fallback of preserving the building even if non - profit uses turn out to not be
feasible. Johnson said the purchase price if the city exercises the option is $3.75 million plus
recouping development fees that have been paid by the applicant. Mayor Ireland asked about
denying the rezoning and then the applicant applying for a demolition permit. Johnson said that
is up to CU, not his client and in exchange for the denial of the rezoning, CU has agreed not to
exercise its rights on that permit until the Ordinance #48 negotiation is complete. Johnson said
this is the beginning of a process. Amy Guthrie, community development department, told
Council the schedule is a joint HPC and P &Z meeting early January with first reading in front of
Council the end of January and public hearings in February. The proposed closing date is
March.
Mayor Ireland asked how this compares to what could be done if CU demolished the building
and came in with a development application. Chris Bendon, community development said 14
lots would be difficult considering the infrastructure and access that would have to be part of any
development. Bendon said this plan is in line with expectations for the property. Mayor Ireland
said this property is about 2.2 acres and this proposal would have 1 /2 acre /unit. Bendon said the
R -6 zone district has 6,000 or 9,000 square foot lots, in general; these lots will be larger than
other typical west end lots. This will be a less dense development than is the west end. Ms.
Guthrie told Council the Given building is one of the most important unaltered modernist
structures in town and represents the Aspen Idea of mind, body and spirit. The building is
actively used today as a meeting place. It is significant as both architectural preservation and
community uses.
Mayor Ireland opened the public hearing.
Mayor Ireland moved to deny Ordinance #22, Series of 2010; seconded by Councilman Skadron.
Roll call vote; Councilmembers Skadron, yes; Romero, yes; Torre, yes; Johnson, yes; Mayor
Ireland, yes. Motion carried.
Ordinance #48 Negotiations
Worcester told Council he is authorized to state that CU consents to extending the Ordinance #48
negotiations to January 11, 2011. Mayor Ireland asked if extending these negotiations
prejudiced the city from having HPC and P &Z review. Worcester said CU understands that will
be part of the process. Mayor Ireland asked why the negotiations are not extended through the
projected closing date. Worcester said CU is concerned about the property being off the market
for so long.
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Regular Meeting Aspen City Council November 8, 2010
Mayor Ireland moved to extend Ordinance #48 negotiations through January 2011; seconded by
Councilman Johnson.
Councilman Romero asked about the maintenance costs to the city during their potential lease
period and if that is a hard and fast position. Johnson said it is a fast position. Johnson said his
information from staff is that the city may or may not try and operate the building during that one
year or just mothball the property. The owner will let the city do that as long as the city pays the
costs whatever the operation. Scott Miller, asset manager, told Council it would cost about $20
to $30,000 to mothball the property. Councilman Johnson said the one year time to find a buyer
seems short and asked if there is the ability to extend. Johnson said until the applicants know
what will happen on this lot, non - profit or single family, they are on hold. The use will change
how the other lots are marketed. This one year is an important time frame.
Councilman Romero asked what size structures could be built on the 3 lots. Bendon said these
lots will be developed according to the R -6 zoning with no special considerations or variances.
These parcels could hold 4500 to 5000 square feet of FAR. Bendon said there is a 15' setback
requirement from the Hallam Lake bluff and the applicants have agreed to observe that setback.
Johnson noted converting the Given to a single family or duplex residence would cost as much as
starting from scratch. Johnson said there will have to be some restriction on uses, like
eliminating large tents and outdoor functions, to take into account the proximity of the single
family residences. Ms. Guthrie pointed out the site plans shows the property divided into 4 parts,
roughly 1 /2 acre each. Councilman Skadron said it is important for him that this remain a viable
entity and attractive to the users rather than being smooshed by 4 large structures.
All in favor, motion carried.
Council directed staff to enter into negotiations to bring this proposal through the process.
Councilman Torre said he would like to see the Given parcel have more room around it to allow
for nonprofit uses accessibility and breathing area and to preserve the historic asset. Council
thanked CU and the applicants for bring the proposal forward.
10. Councilman Skadron reported on a recent CAST meeting where the Avon public works
directed reported on using effluent waste water to capture and provide heat for public buildings.
Councilman Skadron said the director of Mtrip analyzed the summer 2010, which ended strong
for tourism visits. Councilman Skadron said what are big for tourists are special events, road
bike events and travel with dogs. Councilman Skadron said the lodging tax in Breckenridge was
approved to increase from 2.4% to 3.4% and they have a budget line item to incorporate VRBO
(vacation rentals by owners) and the tax paid on those.
11. Mayor Ireland said he went to Denver for a press conference announcing that Aspen will
be one of the towns for the Quiznos Pro Bike Tour. Mayor Ireland said the tour participants will
spend a night in Aspen. Mayor Ireland said he hopes there is a charity event in Aspen so people
6
Regular Meeting Aspen City Council November 8, 2010
can ride the town course. Mayor Ireland said he would like to have a Silver Queen trophy to
award for the Aspen stage.
CONSENT CALENDAR
Mayor Ireland moved to approve the consent calendar; seconded by Councilman Torre. The
consent calendar is:
• Resolution #90, 2010 - Contract for Compost Grinder
• Resolution #91, 2010 — Amendment to Wheeler Basement Design Contract
• Minutes — September 8, 20, October 12, 25, 26, 2010 •
Councilman Skadron asked about the public outreach for the compost grinder project. Lee
Cassin, environmental health department, told Council some restaurant owners approached her
department indicating they were interested in composting; those who are eligible are already
using compactors. Councilman Skadron asked if the Wheeler contract was bid out. Scott Miller,
asset manager, told Council this is an extension of an existing contract.
All in favor, motion carried.
ORDINANCE #28, SERIES OF 2010 — Revised Historic Preservation Aspen Modern
Amy Guthrie, community development department, told Council these proposed code
amendments would replace Ordinance #48, 2007. Council directed staff to bring forward these
amendments before the end of the year and staff needs to know what further information Council
needs before adoption. This ordinance is similar to the Ordinance #48 process and retains a
system where potential historic resources are identified and are subject to a delay period. This is
a voluntary designation program and is focused on a negotiation process. Staff is working on the
weakest points of the negotiation process to improve it. The Historic Preservation Task Force
made about 26 recommendations and at public hearing, staff will review how these have been
advance or not resolved or followed through. Ms. Guthrie said they are working on the
preliminary scoring and by second reading will need determination from Council about which
styles of architecture are involved.
Mayor Ireland said the initial list should not be solely the function of the community
development's designation but should be reviewed by HPC. Mayor Ireland said there should be
a way for people to get out of this without having to apply for a building permit. Mayor Ireland
7
Regular Meeting Aspen City Council November 8, 2010
said removal from Aspen Modem should be at property owner's request to have certainty
regarding their property for the next 5 or 10 years and to find out whether the city wants to
negotiate and try to convince the property owner. Mayor Ireland said if the property owner and
the city fail to reach agreement, the property is off the list for a set amount of time. Mayor
Ireland said some people do not want a demolition permit and want to know that for the next ten
years, they are not on the list. In general, this program is voluntary; the program should be less
fearful and more certain.
Councilman Romero said his issue is the list and he is interested in the concept of doing away
with the map and with the list, taking some anxiety out of the program and opening up the
community to the benefits of Aspen Modern. Councilman Skadron noted the list/map provides a
degree of certainty and the list/map creates anxiety. Councilman Romero agreed the list
provides certainty; however, there is a negative perception around the list. Mayor Ireland said if
a property is not on the list, the owner will know it will not be designated for the next 10 years.
Mayor Ireland said the city should let the properties in whom there is interest know there is
interest and the properties owners can get off the list or start discussions with the city. Mayor
Ireland said people should know what properties the city is interested in for the next 10 years and
no one will wake up and be on the list.
Ms. Guthrie said there has been one designation, some in the works and 2 demolitions over the
past 3 years. Mayor Ireland said the tier system will indicate the importance of structures on the
list. Councilman Johnson said he is not sure the goal of creating a program of resources that is
understandable, predictable and defendable is achievable. Councilman Johnson agreed that
people ought to be able to come in and get their properties off the list. Ms. Guthrie said the
negotiation period is important when all parties talk about the options and this should not be
undermined by being too short.
Councilman Romero said if this is a voluntary program, then requiring things, like a window of
time for negotiating, sends a conflicting signal. Councilman Romero said the city should
continue outreach; continue the suggested improvements to the voluntary program. Councilman
Romero said this is an important body of work and this program resonates with the city's values.
Mayor Ireland asked how the city communicates they are interested in preserving a structure
when there is no list. Councilman Romero suggested contacting property owners and meeting
them to explain the program. Councilman Romero said he feels waiting until the negotiations
are at the Council table is too late. Mayor Ireland proposed property owners are able to make the
case to be added to the list.
Mayor Ireland opened the public hearing.
Jack Wilke said he is encouraged by this conversation; however, he is after the simplest thing —
he wants off the list. Wilke said he does not want anything to do with incentives. Wilke said he
has been on the list for 3 years and has had no discussion with the city. Jim Curtis, representing
8
Regular Meeting Aspen City Council November 8, 2010
the Aspen Institute, Music Festival and Aspen Physics, submitted written comments for the
public hearing at the next meeting. Mitch Haas said he believes it is a good thing to be on this
list; the city should keep the list and people should be able to opt in. Haas said his experience is
to tell property owners it is a wonderful thing to be on the list; property owners do not have to
accept the negotiations and can opt off. Chip Freeman said if someone would call him about
this, he might be receptive. Freeman said he likes what he has heard and suggested the city go
and talk to people. Bill Wiener said the ordinance is incomplete; it needs to be both voluntary
and involuntary; the really important structures could be involuntary. Wiener said this is based
on styles and criteria and the city is trying to preserve Aspen's history; people come to enjoy the
character of Aspen.
Councilman Torre moved to read Ordinance #28, Series of 2010; seconded by Councilman
Johnson. All in favor, motion carried.
ORDINANCE #28
SERIES OF 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO
AMENDING THE FOLLOWING SECTIONS OF THE MUNICIPAL CODE; SECTION
26.415, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC
LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN 1-1 HISTORIC
OVERLAY DISTRICT; SECTION 26.420 BENEFITS FOR PROPERTIES LISTED ON THE
ASPEN INVENTORY OFHISTORIC LANDMARK SITES AND STRUCTURES AND
SECTION 26.535 TRANSFERABLE DEVELOPMENT RIGHTS TDR
Councilman Torre moved to adopt ordinance #28, Series of 2010, on first reading; seconded by
Mayor Ireland.
Mayor Ireland said Council has agreed that staff add a way for people to opt into the program,
communicate to people the way they can opt out, HPC review of the initial list. Councilman
Torre asked staff to look at a way non - classified architectural styles can have a way to opt into
the program.
Roll call vote; Councilmembers Skadron, yes; Johnson, yes; Romero, yes; Torre, yes; Mayor
Ireland, yes. Motion carried.
RESOLUTION #92, SERIES OF 2010 — 604 W. Main Extension of Vested Rights
Sara Adams, community development department, said this is a request for extension of vested
rights for a mixed use project; commercial and affordable housing. There is no free market
residential component. There are two landmarks on the site, one of which straddles this property
line. This is located within the Main street historic district. P &Z granted GMP review. The
project is under the height limit and the allowable FAR.
9
Regular Meeting Aspen City Council November 8, 2010
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Mayor Ireland moved to approve Resolution #92, Series of 2010; seconded by Councilman
Romero.
Councilman Torre asked about the treatment of the historic resources. Ms. Adams showed the
site plan and explained the historic resource on Main will move forward on the lot. The shed
straddling the property line will be moved on to one of the properties. There will be a new L-
shaped structure on an adjacent property. There will be no additions to the historic resources.
Councilman Skadron asked about the extension of vested rights and the opportunity to create a
speculative market. Councilman Skadron said he wants to be comfortable that extending the
vested rights returns this project to the community. Chris Bendon, community development
department, told Council the only action before them is extension of vested rights, not whether it
is financeable or buildable.
All in favor, motion carried.
ORDINANCE #23, SERIES OF 2010 —1102 Waters Avenue Ordinance #48 Negotiations
Amy Guthrie, community development department, reminded Council at the last hearing, they
requested some added conditions to this ordinance. Conditions 7 and 8 have to do with requests
for fee waivers, deferral of payments and connecting these to the current ownership of the
property. Councilman Skadron pointed out that HPC recommended no additions to the historic
house; however, this ordinance would allow a 250 square foot addition to the historic house. Ms.
Guthrie said Council's approval is consistent with HPC's recommendation except for the FAR
issue and Council discussed an addition at the previous hearing that might meet the needs of the
property owner. Mayor Ireland said Council agreed the applicants could have an additional 250
square feet on the river- facing side and only if it was approved by HPC. Ms. Guthrie noted the
applicants requested additional FAR and a TDR, which Council reviewed. Mayor Ireland asked
if the condition means any one of the family or all members of the family have to be on the title.
Mitch Haas, representing the applicant, told Council that somehow the property will be in the
family in order to meet the condition about the deferral of the fees. Haas said when the lot split
happens, the new lot will have to be put in one of their names. Mayor Ireland suggested making
this subject to the city attorney crafting language describing these 3 people, and only these 3
people, or some combination thereof own all the units. Mayor Ireland said this house is striking
from the river and he hopes the applicants will not alter that view. It is evocative of a time and
place.
10
Regular Meeting Aspen City Council November 8, 2010
Mayor Ireland moved to adopt ordinance #23, Series of 2010, on second reading as amended;
seconded by Councilman Romero.
Mayor Ireland opened the public hearing.
Mike Maple noted this is more a general comment about Ordinance 48 properties. Maple noted
his concern was noted by the HP task force which is that the value and costs of incentives, both
monetary, fee waivers, variances and bonuses, should be analyzed and considered as part of the
process. There should be a detailed list of all the incentives and the estimable value of these
should be included in the resolution or ordinance by Council.
Mayor Ireland closed the public hearing.
Roll call vote; Councilmembers Johnson, yes; Torre, yes; Romero, yes; Skadron, yes; Mayor
Ireland, yes. Motion carried.
ORDINANCE #24, SERIES OF 2010 - Supplemental Appropriation
Don Taylor, finance director, told Council this is a request to add $1,723,000 to the 2010 budget;
about half the requests have off setting revenues.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Councilman Romero moved to adopt Ordinance #24, Series of 2010, on second reading;
seconded by Councilman Torre.
Councilman Johnson requested a breakdown of the AACP costs of $758,000. Chris Bendon,
community development department, told Council those are several years costs and includes
$250,000 in the 2011 and 2012 budget.
Roll call vote; Councilmembers Torre, yes; Johnson, yes; Skadron, yes; Romero, yes; Mayor
Ireland, yes. Motion carried.
ORDINANCE #1.7, SERIES OF 2010 — Code Amendment — Signs
Councilman Johnson said this ordinance will go into effect when restaurateurs and retailers are at
their very busiest getting ready for the season and suggested this be postponed until after the
holidays. Chris Bendon, community development department, told Council staff has been
working on this for months, had several open house work sessions, sent blast e-mails through
ACRA, went on site and visited with retailers. Bendon said he feels the outreach has been
11
r -. . ...__. _..
Regular Meeting Aspen City Council November 8, 2010
sufficient. Mayor Ireland suggested a year sunset for Council to review, see if it worked, hear
complaints. Drew Alexander, community development department, pointed out option A gives
businesses with existing signs one year in which to get a permit, December 2011. Bendon
agreed December 15 is problematic for retailers; October 1 would allow sufficient time to
understand and to become aware of the new sign code but it is not right in the middle of the retail
season. Council agreed to the October 1 deadline and to review the sign code November 2011.
Alexander said not everyone was in favor of these proposed amendments but through the
process, everyone is comfortable with the changes.
Bendon said he feels the outreach has been sufficient; there has been a lot of support from
ACRA and their e-mail blasts. Bendon said a review in one year to see if there are corrections to
be made is a good idea. Councilman Johnson said retailers and restaurateurs focus on their
immediate business and he would like to make sure their needs are honored. Councilman
Johnson asked about enforcement. Bendon said the enforcement has been complaint -based and
in this instance that does not work. Bendon noted for the sign code, staff should do education
outreach 3 or 4 times a year. Bendon said his department will get assistance from other
departments who spend time walking around downtown, like parking officers and construction
mitigation officers, to help with education and outreach. The changes are a double sunset with
October 1 effective date.
Councilman Skadron moved to adopt Ordinance #17, Series of 2010, on second reading as
amended; seconded by Mayor Ireland. Roll call vote; Councilmembers Torre, yes; Johnson, yes;
Romero, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.
Councilman Johnson moved to continue Ordinance #16, Series of 2010, to January 24, 2011;
seconded by Councilman Skadron. All in favor, motion carried.
ORDINANCE #27, SERIES OF 2010 — Code Amendment Calculations and Measures
Chris Bendon, community development department, told Council most of this section has not
changed in over 20 years and staff decided to review and rewrite the whole section. Bendon said
between first and second reading, staff will meet with members of the design community for
their input. Bendon reminded Council in calculating lot area, it is reduced by steep slopes and
there is currently a limit on that reduction so that the floor area is not reduced by more than 20 %.
P &Z recommended the floor area could be reduced by any amount but leaving at least 1000
square feet of FAR. Bendon said this is a substantial change would affect about 50 properties.
Mayor Ireland asked why the city cares how much someone builds on not steep slopes; the 25%
provision makes sense. Bendon said properties with physical challenges should hold less
development. This provision has been in effect for at least 25 years. Councilman Romero
agreed with the staff recommendation, to retain the existing provision.
12
Regular Meeting Aspen City Council November 8, 2010
Bendon noted when floor area is measured, it is measured to the outside of the finish material;
this would change to measure floor area to the extent of the nominal structure, the face of the
studs or blocks and outside of that does not count toward floor area. Council agreed that change
makes sense. Bendon told Council all attic space counts now and the recommended change is if
it is usable space, it will count. Any space below 30" will not be counted.
Bendon pointed out a new exemption for floor area; sheds, storage area, greenhouses up to 3200
square feet/residence. Bendon said things that are below 36 ", like storage below a barbeque
grill, up to 32 square feet. Bendon said another exemption, which can be approved by the
community development director, is an exemption for historic sheds and outbuildings; if it is
made into something usable that is a different issue. Bendon pointed out an exemption for
"linking" when two structures are linked and currently everything in a structure can be "linked"
and staff is recommending eliminating this exemption. Bendon said this adds up to 60 square
feet and could be made up for the new exemptions like sheds, etc. Bendon said the design
standards require a one -story element to qualify for a linking exemption and the definition of a
one -story element gets stretched. Councilman Romero said he would like more discussion about
how the land use code would allow a one -story element to become a two -story element.
Bendon told Council that although light wells have always been exempt from the setback
requirement, the code does not say that and staff recommends including an exemption for
minimal light wells. Bendon said the code has not dealt with height and setbacks for energy
systems that are not part of the structure; this has been included as a review by P &Z. Bendon
said another change is to measure roofs to the top of the sheathing not to exterior surface.
Bendon noted the ordinance includes updated definitions of net leasable and net livable with
more specificity. Bendon said there is an exemption for airlock spaces. Bendon said staff
recommends the community development director be able to grant exemptions from calculations
and measurements for energy efficiency and for building code compliance when there is no other
alternative.
Council said they like the amendments and would like to discuss the slope reduction section
more. Councilman Johnson said he would like to discuss how to insure that the last two
exemptions that can be approved by the community development director are kept within
reasons.
Councilman Romero moved to continue Ordinance #27, Series of 2010, to December 6, 2010;
seconded by Councilman Johnson. All in favor, motion carried.
Councilman Torre moved to adjourn moved to adjourn at 9:30 PM; seconded by Councilman
Romero. All in favor, motion carried
7
/ 1,
13
Regular Meeting Aspen City Council November 8, 2010
Bendon noted when floor area is measured, it is measured to the outside of the finish material;
this would change to measure floor area to the extent of the nominal structure, the face of the
studs or blocks and outside of that does not count toward floor area. Council agreed that change
makes sense. Bendon told Council all attic space counts now and the recommended change is if
it is usable space, it will count. Any space below 30" will not be counted.
Bendon pointed out a new exemption for floor area; sheds, storage area, greenhouses up to 3200
square feet/residence. Bendon said things that are below 36 ", like storage below a barbeque
grill, up to 32 square feet. Bendon said another exemption, which can be approved by the
community development director, is an exemption for historic sheds and outbuildings; if it is
made into something usable that is a different issue. Bendon pointed out an exemption for
"linking" when two structures are linked and currently everything in a structure can be "linked"
and staff is recommending eliminating this exemption. Bendon said this adds up to 60 square
feet and could be made up for the new exemptions like sheds, etc. Bendon said the design
standards require a one -story element to qualify for a linking exemption and the defmition of a
one -story element gets stretched. Councilman Romero said he would like more discussion about
how the land use code would allow a one -story element to become a two -story element.
Bendon told Council that although light wells have always been exempt from the setback
requirement, the code does not say that and staff recommends including an exemption for
minimal light wells. Bendon said the code has not dealt with height and setbacks for energy
systems that are not part of the structure; this has been included as a review by P &Z. Bendon
said another change is to measure roofs to the top of the sheathing not to exterior surface.
Bendon noted the ordinance includes updated definitions of net leasable and net livable with
more specificity. Bendon said there is an exemption for airlock spaces. Bendon said staff
recommends the community development director be able to grant exemptions from calculations
and measurements for energy efficiency and for building code compliance when there is no other
alternative.
Council said they like the amendments and would like to discuss the slope reduction section
more. Councilman Johnson said he would like to discuss how to insure that the last two
exemptions that can be approved by the community development director are kept within
reasons.
Councilman Romero moved to continue Ordinance #27, Series of 2010, to December 6, 2010;
seconded by Councilman Johnson. All in favor, motion carried.
Councilman Torre moved to adjourn moved to adjourn at 9:30 PM; seconded by Councilman
Romero. All in favor, motion carried
r
7
(; / 1 13
2 4
. 3
Sign Code Research and Meeting Summary
Correspondence and Research Report
Email Group and Community Input
• Heather Isberian
• Justin Barrow
• Mitch Osur
• Michael Levenberg
• Bradley Jasicki
• Steve Fante
• Angie Marasco
• Krista (Grateful Deli)
• David Fleisher
• Erik Klanderud
• Ed Zane
Designer Input
• Gaard Moses
Other sign codes referenced
• DOLA (Department of Local Affairs)
• Jackson, Wyoming
• Telluride, CO
The following meetings were held throughout the process:
• CCLC Discussion — 3
• City Council Work Session —1
• Planning and Zoning Public Hearing -3 (hearings)
• Community Development open houses — 2
• ACRA Board Meeting -1
1
Sign Code Open House
June 4th, 2010 ,' J( 678-
Aspen City Hall, Sister Cities
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11.) This location addresses a street level entrance at 616 E. Hyman Avenue. The entrance to the
building provides access to a number of commercial businesses. These businesses, if meeting
the requirement found within the Land Use Code, may utilize sandwich board signs, provided
that if more than three businesses want a sandwich board sign, the information shall be
consolidated onto one sign.
12.) This location represents 630 E. Hyman Avenue. This is a unique property with a large interior
courtyard that provides access to multiple businesses. A business in one of these spaces
(provided that the space does not also have a storefront on the public right -of -way) could
utilize a sandwich board sign, due to the amount of storefront obstruction.
13.) This location addresses 308 S. Hunter Street. It is the current location of Zane's Tavern, La
Palapa, and Little 011ie's. All restaurants have a portion of their storefront that faces the
public right of way. A menu sign is preferred for this location, unless a board sign can be
placed on private property.
14.) This location identifies those businesses found within the Ute City Bank building. All
businesses that do not have a storefront along the public right -of -way would be able to utilize
a sandwich board sign. Limits do apply when more than two businesses desire a board sign.
15.) This location allows for sandwich board signs for those businesses located below grade at 315
E. Hyman Avenue. The structure itself significantly obstructs the view of these businesses.
Currently, the tenants include Su Casa and Eric's Bar.
16.) This location identifies the below grade tenant space at 534 E. Cooper Avenue. The Hunter
Bar currently occupies this space. Staff visited the site and determined that the unique
location significantly blocks the storefront and a sandwich board sign would be appropriate.
17.) This location responds to 520 E. Cooper Avenue. This is a unique building with several retail
and restaurant uses below grade and in upper levels. For any businesses on an upper level
that are recessed behind the front -most portion of the building, a sandwich board sign is
acceptable. For the lower level, only those businesses that do not have a storefront at the
base of the stairs may have a sandwich board sign. Limits do apply when more than two
businesses desire a board sign.
18.) The location identifies the Aspen Grove Building at 525 E. Cooper Avenue. The upper -level
businesses whose storefront is not parallel to the public right -of -way shall be able to use
board signs. Limits do apply when more than two businesses desire a board sign.
19.) This location identifies those businesses at 450 5. Galena Street. Any business on the upper -
level, specifically the northeast corner, shall be able to utilize a sandwich board sign.
20.) This location identifies the Ajax Mt. Building. Several tenants are present in this space, but
most have storefronts that parallel the public right -of -way. Only spaces that have no portion
of their storefront in this scenario (i.e. Ink Coffee) shall be able to implement a sandwich
board sign.
v itt 16'1 9
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
'1'H1tU: Chris Bendon, Community Development Director
FROM: Drew Alexander, Planner pA
RE: Land Use Code Amendments — Ordinance No. 17, Series 2010 — Second Reading
Sign Code (continued from September 27 2010)
MEETING
DATE: October 25, 2010
SUMMARY:
Community Development (ComDev) has continued amending the City's Sign Code since the
September 27 public hearing. During the previous hearing, Council gave Staff direction to
work on the following areas:
• Signage Allotment System: Council wanted to ensure that the per - business amounts were
reasonable for the types of stores in town and that the new allotments wouldn't result in
large numbers of nonconformities.
• Sandwich Board Signs: Council wanted Staff to further amend what was presented as
Option C — a sandwich board sign system reliant on specific location criteria.
• Grandfather Clause: Council requested a grandfather clause for existing signage that will
be nonconforming after the adoption of this chapter.
• Miscellaneous: Changes were made to various portions of the chapter, including
Prohibited Signs, Political Signs, and Window Displays.
Staff has addressed the issues listed above and those specific portions of the Ordinance (Exhibit
B) are highlighted with red text. Language has been added to improve the signage allotment and
sandwich board sign systems. Certain businesses with a storefront of more than 30 feet in length
will receive additional signage, and lodge uses now receive 12 square feet per frontage.
Language for sandwich board signs has been added and is related to Option C that Council
discussed at the previous hearing.
The grandfather clause provides the flexibility for existing signs to remain in place, provided
there is an approved sign permit on file. Any sign without an approved sign permit shall meet
the new regulations on December 15 2010.
Additional language was added for the use of television screens. The existing code offers vague
parameters for television screens, and ComDev has drafted new language that clarifies how
screens can be used in stores. The language states that screens can either be placed 10 ft. from
the storefront window, or perpendicular to the right -of -way. This same program applies to
interior signage.
�^ '"1
P194
Staff recommends the Council adopt the proposed code amendments.
APPLICANT:
City of Aspen
PREVIOUS ACTION:
The Planning and Zoning Commission approved Resolution No. 10, Series of 2010,
recommending approval for the proposed amendments to the Sign Code. Work sessions
have been held with CCLC, and ACRA. Community Development has hosted two open
houses at City Hall for those interested in the Sign Code draft.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Planning and Zoning
Commission shall recommend by Resolution the City Council to approve, approve with
conditions, or deny the application. City Council is the final review authority.
RECOMMENDATION:
Staff recommends the City Council approve the City - initiated amendments to the Sign
Code as described in Ordinance 17, Series of 2010.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. 17, Series of 2010."
ATTACHMENTS:
Exhibit A — Existing text for Sign Code (provided at First Reading)
Exhibit B — Proposed text for Sign Code, included in Ordinance No. 17, Series of 2010
Exhibit C — P &Z Resolution No 10, Series of 2010 (provided at Second Reading)
Exhibit D — Research and meetings summary (provided at Second Reading)
Exhibit E — Sign Code Options Guide (provided at Second Reading)
Exhibit F — Sandwich Board Sign Location Map and descriptions
Exhibit G — Sign Code Enforcement Letter
bWF{h(51t it S W!+ Coot eMAIL.S
Page
x I-1131f' 3 P195
ORDINANCE NO. 17
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING 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, Sign Code, 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, 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 6 - 0 vote, City Council adopt the proposed amendments.
WHEREAS, during duly noticed public hearings on September 27 and October
25 2010, the City Council took public testimony, considered pertinent
recommendations from the Community Development Director, referral agencies, Planning
and Zoning Commission, and considered the development proposal under the applicable
provisions of the Municipal Code as identified herein; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 1
P196
Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby
approves the amendments to Section 26.510, Sign, which section defines, describes,
authorizes, and regulates the process for placing a sign within the City of Aspen to read as
follows:
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 allotment
Sec. 26.510.060 Sign setback
Sec. 26.510.070 Sign illumination
Sec. 26.510.080 Sign lettering, logos and graphic designs
Sec. 26.510.090 Sign types and structural characteristics
Sec. 26.510.100 Zone District sign restrictions
Sec. 26.510.110 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.
City of Aspen City Council
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B. Enhance the attractiveness and economic well -being of the City as a place to live,
vacation and conduct business.
C. 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.
D. Enable the identification of places of residence and business.
E. Allow for the communication of information necessary for the conduct of
commerce.
F. 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.
G. 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.
H. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
I. 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.
J. Protect the public from the dangers of unsafe signs and require signs to be
constructed, installed and maintained in a safe and satisfactory manner.
K. 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.
L. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract
motorists, bicyclists or pedestrians.
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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 3
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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. Signs not requiring a permit. 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. Also, 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 gas -filled figures.
Temporary banners, pennants, streamers, balloons and inflatables shall be
permitted per Land Use Code Section (to be determined), Policies
regarding signage on public property. Non - permanent Streamers, pennants, and
balloons shall be permitted in association with a retail special event or sale of
limited duration not exceeding fourteen (14) days.
2. 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.
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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
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5. Fine art. Works of fine art which in no way identify or advertise a person,
product, service or business.
6. Flags. Flags, emblems and insignia of political or religious organizations
providing such flags, emblems and insignia are displayed for noncommercial
purposes.
7. Garage, estate. yard sale or auction signs. On -site or off -site signs which advertise
a private garage, estate, yard sale or auction provided such signs are displayed no
more than twice per year per residence for a period not to exceed three days. Sign
must be removed at the conclusion of the event.
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 designation. Signs placed on or in front of a historic building or site
identifying and providing information about a property listed on the Aspen
Inventory of Historic Landmark Sites and Structures or the National Register of
Historic Sites, which sign shall not exceed six (6) square feet in area, as approved
by the Historic Preservation Officer.
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.
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.
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.
City of Aspen City Council
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14. Menu signs boxes. An exterior surface mounted or pole mounted sign box which
advertises and/or identifies a restaurant menu, drinks or foods offered or special
activities incidental to drink and food. One (1) sign per use, with an area not to
exceed four (4) square feet, with a height not to exceed the eave lines or parapet
wall of that portion of the principal building in which the use to which the sign
applies is located, and which is located on or in front of the building within which
the restaurant is located.
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.
w
16. Political Signs. Political signs announcing political candidates seeking public pVt
office, political parties or political and public issues shall be permitted provided: ✓
g` �� a. All such sign may be erected no sooner than sirk}BAj' days in advance of
p the election for which they were made. £,•)
ie
6N b. All such signs shall be removed no later than seven (7) days after the
O election for which they were made.
.
�6(` c. Political signs may not be placed on publicly owned property, rights -of-
5 \ ��� C �� way adjacent to public property, or within the State Highway 82 traffic
V : N way including the round -a -bout and traffic islands. Political signs carried
or worn by a person are exempt from these Limitations.
17. Property management/Timeshare identification signs. A building may have one
sign with an area not exceeding two (2) square feet identifying the name and
phone number of a contact person or management entity for the property and
stating that it has been approved. Multi- Family buildings may have up to one (1)
sign per ten (10) residential units. A building that is approved for exempt
timesharing, pursuant to Section 26.590.030, Exempt timesharing, may have a
wall - 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.
18. Public notices. Official government notices and legal notices.
City of Aspen City Council
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19. Practical purpose 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 facade or
property frontage, as applicable.
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
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. When multiple units are available, the area may be combined, but no
one property shall have more than twelve (12) square feet of signage
announcing the sale or rental of units.
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. 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
f. Location - Real estate for sale or rent signs must be placed on private
property or on rights of way adjacent to private property and not located on
public property. Real estate signs placed in the public right -of -way shall be
subject to removal or relocation by the Engineering Department.
21. Real estate photo boxes. Real estate offices may place descriptive images of
property that is currently for sale in storefront windows or on an exterior wall.
a. Area. Not to exceed 25% of the window surface area. Photo boxes not
placed in a window shall be limited to an area of six (6) square feet. Any
individual image with description shall not exceed one (1) square foot in
area.
22. Regulatory signs. Regulatory signs erected on private property, such as "no
trespassing," which do not exceed two (2) square feet and limited to one (1) per
building facade or property frontage, as applicable.
23. Religious symbols. Religious symbols located on a building or property used for
organized religious services.
24. Residential name and address signs. Detached residential dwelling units and
duplex units may have wall or freestanding signs on or in front of the building or
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 7
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P203
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. For mobile home parks, subdivision entrances, and multi-
family housing, see the requirements found in Section 26.510.100.A, Residential
Use Signs.
25. Street addresses on mailboxes.
26. Sandwich board signs carried by a person. Temporary sandwich board signs
which are carried by a person and are advertising or identifying a special, unique
or limited activity, service, product or sale of a limited duration or identifying a
restaurant menu. There shall not be more than one (1) such temporary sign per
use at any one time. Sign must not exceed six (6) square feet per side.
27. 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.
28. Temporary food vending signs. The food vending permit must include details of the
intended signage including size, material and location.
29. Temporary sale signs and going - out -of- business signs. Going- out -of- business
signs and temporary sale signs, announcing special sales of products and services,
shall be subject to the following:
hV�P a. Type. The sign(s) shall be placed in the window or windows of the
\ fir �y business holding the sale.
hP b. Number. There shall be permitted not more than one (1) temporary sign(s)
CO. in any window and a total of not more than three (3) temporary signs for
each use.
c. Area. Each temporary sign shall not exceed three (3) square feet.
d. Duration. Temporary signs may be maintained for a period not to exceed
, n (10) 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 of -9 - tenth following the removal of
the sign(s).
30. Vending 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. Vending machine signs that are internally
City of Aspen City Council
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P204
illuminated must be located inside of a building or in a space that is not visible
from the public right -of -way.
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 and material;
4. The dimensions, measurements and calculations of building frontages — when
applicable; 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.
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 the
table under Sec. 26.510.100.D.1
B. Permanent Banners and pennants used for commercial purposes not associated with
a special event approved by the Special Events Committee approval per Section
(to be determined).
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
this Title and signs on benches, are prohibited, except as a temporary sign as provided for
in Section 26.510.030(B), Signs Not Requiring a Permit.
City of Aspen City Council
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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 7
electrical, electronic or mechanical means, including automatic electronically controlled
copy changes. , Leoo to-, 4 71
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 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 the table under Sec.
26.510.100.D.1.
1. Roof signs.
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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
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O. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers,
including bicycles, 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.
P. Signs in public right - of way. A sign in, on, or above a public right -of -way that in any
way interferes with normal or emergency use of that right -of -way. Any sign allowed in a
public right -of -way may be ordered removed by the Community Development Director
upon notice if the normal or emergency use of that right -of -way is changed to require its
removal.
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 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.
S. Television Monitors. Television monitors, or any other electronic device that emits
an image onto a screen, shall be prohibited. However, monitors placed at least ten (10')
4 feet from the storefront window, or monitors installed perpendicular to the public right -
of -way shall be permitted.
T. Unsafe signs. Any sign which:
1. Is structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate maintenance or
dilapidation;
3. Is not kept in good repair;
4. Is capable of causing electrical shocks to persons likely to come into contact with
it;
5. In any other way obstructs the view of, may be confused with or purports to be an
official traffic sign, signal or device or any other official government regulatory or
informational sign;
6. Uses any words, phrases, symbols or characters implying the need for stopping or
maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction
for vehicle operators or pedestrians;
City of Aspen City Council
Ordinance No. 17, Series of 2010
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P207
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.
26.510.060. SIGN SETBACK.
Signs are not subject to the setback requirements of the Zone District where they are
located.
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 26.510.050.C, 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.
C. Sign area. Sign area shall be the area of the smallest four -sided geometric figure
which encompasses the facing of a sign including copy, insignia, background and borders,
provided that cut -out letter signs shall be credited toward allowable sign area at one -half
(1 /2) the measured area (see Figure 1 below).
The cut -out letter sign credit is given because these types of signs encourage transparency
in regards to building materials and store windows, or lessen the impact of signage on
awnings. Cut -out letter signs shall include the following:
1. Cut -out wall signs made out of wood, metal, stone or Mass.,
2. Cut -out window signs (such as laminate adhesive lettering)
3. Lettering on awnings that use the awning's primary color for the backing. For
example, the cut -out letter credit would not be given to awning lettering that
used a different color than the primary awning color to frame the letters.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 12
P208
1' (Window)
• B of T Sgr
• 8' /,�
Figure 1: Above: Window sign with cut -out 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
0 0
2' Bozo of TI S Sgri
O 0
• 10'
Sign Area = 6 sq. ft.
H.
4 3' ►
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 13
"..tor P209
D. Sign location and placement. When possible, signs shall 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. The location of a sign on a building shall
correspond with the interior tenant space associated with the sign. For example, a
business on the first floor of a building shall not place a sign on the third floor of the
building. p 514, 1 -
Desired Style _ Signs Simon in
o
- *F " -T " " " in " it 'T " r located at proportion
a S.
= same height to building
—
- 1 III ,n - _ l a I
i a�nhI =i ' 1 � .._ -
, 1 ii
Figure 2 Window sips not
Sign not covering gn
architectural exceeding 25% of
feature window area
No
Undesirable Style consistency in Sign not
sign height proportional
ri T .- «T + . , -• , . = - *1 - ., to building
— e a e /�� a
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III_ �I - I I I I -
' ( _
, if f=
I ' AI_ ,0 R 1 t 1 111_4
Figure 3 Sign covering Window signs far
g architectural
feature more than 25% of
window area
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 14
P210
E. Sign Allotment per business. Frontage shall be defined as any portion of a storefront
that faces the same general direction. Signage for an individual business frontage must be
used on that frontage, and not combined with an allotment elsewhere. The following list
explains the allotments per individual use types:
1. Residential Use signage allotment shall be dependent upon the dwelling type and
whether or not the dwelling is being used as a bed and breakfast or home
occupation.
2. Arts, cultural, civic, and academic uses shall be allotted six (6) square feet of
signage per individual business frontage. If a business frontage is more than thirty
(30)' in length, that frontage shall receive eight (8) square feet of signage.
3. Recreational uses shall be allotted six (6) square feet of signage per individual
business frontage. If a business frontage is more than (30)' in length, that frontage
shall receive eight (8) square feet of signage.
4. Restaurant and Retail uses shall be allotted six (6) square feet of signage per
individual business frontage. If a business frontage is more than (30)' in length,
that frontage shall receive eight (8) square feet of signage.
5. Lodge uses shall be eligible for twelve (12) square feet of signage allotment per
individual business frontage.
6. Office and Service uses shall be allotted six (6) square feet of signage per
individual business frontage. In buildings with four (4) or more tenants with an
Office or Service Use, the allotment shall be reduced to three (3) square feet of
signage per individual business frontage.
7. Lot of 27,000 or more square feet with one building and one (1) tenant shall be
granted twenty (20) square feet of signage per applicable frontage. The
limitations for individual sign size shall match that of Lodge Use signs
(26.510.100.E).
8. Buildings with four (4) or more tenants (restaurant, retail, office, or service uses)
may create one (1) business directory sign for each street facing facade that grants
each tenant no more than one (1) square foot for the purposes of business
identification. The business directory sign shall not count towards the signage
allotment for the individual tenants. The maximum area for any business
directory sign shall be ten (10) square feet
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
defmable separation between uses, than each business shall have its own signage
allotment.
Businesses with articulating facades along one elevation shall combine such facades to
receive one signage allotment.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 15
P21 1
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. Backlit signs are permitted,
provided that the following criteria are satisfied:
1. Signs shall be lit from a source mounted on the sign or on the wall behind the
proposed sign with a non - visible point - light- source. Emitted light shall not create
excess glare or light trespass on adjacent properties. The sign shall be made out of
a solid and non - transparent material.
B. Prohibited illumination. No sign shall be illuminated through the use of internal,
oscillating, flickering, rear (excluding permitted backlit illumination), variable color,
fluorescent illumination or neon or other gas tube illumination, except when used for
indirect illumination and in such a manner as to not be visible from the public right -of-
way.
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 ").
26.510.090. SIGN TYPES AND CHARACTERISTICS
A. Freestanding signs. Freestanding signs shall not be higher than the principal
building or fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet
above grade when located adjacent to a pedestrian way. Freestanding signs shall be made
primarily of wood, glass, metal, or stone.
B. Identification signs. Signs intended to identify 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.
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.
Projecting or hanging signs shall be made primarily out of wood, glass, metal, or stone.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 16
P212
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. Wall signs shall be made primarily out of
wood, glass, metal, or stone.
D. Awning Signs. No sign placed on an awning may project above, below, or off of an
awning. Awning signs may only be placed on awnings that meet the definition for
Awning in Section 26.104.100, Definitions.
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 contain a fixed message or be made out of chalkboard. Dry erase boards are
prohibited. Sandwich board signs shall not be used as merchandise displays. A six (6)
foot travel width must be maintained on sidewalks and pedestrian malls. This does not
allow for signs aligned on edge with one another, thus creating a solid line of sandwich
board signs, unless the six (6) foot travel width is maintained on both sides. Shall not be
left out overnight. Permits for sandwich board signs shall be revocable by the Community
Development Director if the above criteria are not met or, or if in the opinion of the
Community Development Director, the sign creates a visual nuisance. Sandwich board
signs must also comply with those requirements found within Section 26.510.090.D.1.
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Figure 4
Above: Freestanding Signs
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 17
i. '`' ` "' P 213
7 Fir ■ I\ I • t_ ,
L ._
A I I
Above: Projecting Sign (left) and Hanging Sign (right)
Below: Awning Sign
\ Awning Slope Plane
\
\ Awning Side Plane \ Awning Skirt
RED � i 1
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K.-, P- 7
Figure 5
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 18
P214 '
SEC. 26.510.100 SIGN RESTRICTIONS BY USE -TYPE
A. Residential uses. For all residential uses, only signs permitted under Section
26.510.030.B, Signs Not Requiring a Permit, 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 Maximum Height Comments
Signs Area (Sq. Ft.) of Freestanding
Signs
Identification 1 per multi- 20 5' The area of the sign
Sign (wall, family shall not exceed two
freestanding complex, (2) square feet per
or monument subdivision dwelling unit, and
sign) entrance, or shall not exceed a
mobile home total of 20 square
park feet.
Bed and 1 per street 6 per sign 6' Illumination
Breakfast frontage permitted, must be in
compliance with this
Chapter and
26.575.150
Home 1 per street 6 per sign 6' Illumination is
Occupation frontage permitted only when
it is identifying a
home occupation of .
an emergency
service nature
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 19
P215
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, Signs Not Requiring a
Permit, and the following signs are permitted and then only if necessary and incidental to
a permitted or conditional use.
Sign Area (Sq. Maximum Comments
Type of Sign Number of Ft Height of
Signs Freestanding
Signs
6' Illumination permitted,
Identification No more than Size of sign
unless in a residential
Sign one (1) cannot exceed
(freestanding, Freestanding six (6) sq. ft.
zone.
wall, Sign per facade
projecting
sign, or n/a Sign must not go above No
two more than Size of sign eave point Illumination
awning sign t (2) wall cannot exceed
permitted, unless in a
business per six (6) sq. ft. residential zone.
busi ness
frontage
n/a Sign must not go above
one (1) ca more than Size
exceed of exce ed eave point Illumination
on
permitted, unless in a
projecting or six (6) sq. ft. residential zone. Does
hanging business signs not count towards sign
per busi allotment.
frontage.
Awning sign. Logos or icons n/a Illumination permitted.
1 per awning on awnings Counts towards sign
cannot be larger allotment. Lettering or
plane.
than 1 sq. ft. logos on awnings must
be arranged in a
consistent horizontal or
vertical band. Only one
band is permitted for
each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 20
r^
P216
C. Recreational uses. For recreational uses, only signs permitted under Section
26.510.030.B, Signs Not Requiring a Permit, and the following signs are permitted and
then only if necessary and incidental to a permitted or conditional use.
Type of Sign Number of Sign Area (Sq. Maximum Height Comments
Signs Ft.) of Freestanding
Signs
Identification No more than Size of sign 6' Illumination
Sign one (1) cannot exceed permitted, unless in
(freestanding, freestanding six (6) sq. ft. a residential zone.
wall, sign per
projecting, or frontage
awning sign)
No more than Size of sign n/a Sign must not go
two (2) wall cannot exceed above eave point
signs per six (6) sq. ft. Illumination
business. permitted, unless in
frontage a residential zone.
No more than Size of sign n/a Sign must not go
one (1) cannot exceed above eave point
projecting or six (6) sq. ft. Illumination
hanging signs permitted, unless in
per business a residential zone.
frontage. Does not count
towards sign
allotment.
Awning sign. Logos or icons on n/a Illumination
1 per awning awnings cannot permitted. Counts
plane. be larger than 1 towards sign
sq. ft. allotment.
Lettering or logos
on awnings must be
arranged in a
consistent
horizontal or
vertical band. Only
one band for each
awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 21
P21
R s permitted under Section 26.510.0 f B c
and incidentaal l to a permitted Signs
N. e aPe e Permit, Retail uses. Only signs are permitted and then only
Not Requiring ui a P or conditional use:
Type of Sign Number of Sign Area Maximum Height
Comments
Signs (Sq. Ft.) of Freestanding
Signs
6' Illumination
Size not to permitted.
Identification Freestanding exceed six
Sign sign. 1 per
(freestanding individual (6) sq. ft.
wall business
projecting frontage.
/hanging, Must not go above
window, or Wall sign. 2 per Size not to save point.
awning sign) individual exceed six
business (6) sq. ft.
frontage.
Sign must not go
Projecting or Size not to a
sve ve ooint.
hanging sign. 1 exceed six Illumination
above e c
per business ( sq ft. permitted. Does not
frontage. count towards sign
allotment.
Counts towards sign
Window sign. 1 Not to allotment. Not to
per window. exceed 25% exceed 25% of
of win window
area.
Illumination
Awning sign. 1 Logos or permitted. Counts
per awning icons on t sign
plane. awnings allotment. Lettering
cannot be or logos on awnings
larger than 1 must be arranged in a
sq. ft. consistent horizontal
or vertical band. Only
one band for each
awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 22
P218
Restaurant and Retail Use Signs Continued:
Type of Sign Number of Sign Area (Sq. Ft.)
Comments
Signs .
1 sq. ft. of signage for The portion of the directory sign used
Bueiners No more than each business using for the associated business counts
directory signs two ne the directory sign. No towards that business's sign
dusiss directory sign shall allotment, unless using the exemption
pe lot. signs exceed 10 sq. ft. in found in 26.510.050.E.h, Sign
per l Allotment per business.
size.
1. advewich Board u n i U Sandwich
offerings at restaurant est for special ablishments, blishments,aland for
businesses that t are q one (1) sandwich board sign is
permitted that are difficult to locate. pe Only
i ust be obtained. The size is not to
permitted per business and must a p permitted for retail and
exceed six (6) square feet per side. These signs are only p
if it is located on adjacent private property. may use
restaurant businesses within the CC and C -1 zone districts. Restaurants
locations
one (1) sandwich board sign Q be used continuously by
Additionally, sandwich board si may
identified on the City of Aspen Sandwich Board Sign h Co nmun p y
Amendments to the map may be made administratively by
Development Director. Locations were selected using the following criteria
a. Business has no portion of a storefront that is parallel to the p ublic
right-of-way, a that is not
b. Business is provided access through a coimnon entryway
exclusively used for the said business, or
c. Business has a storefront that is obscured by another building, or
\h portion thereof, on the same lot (i.e. interior courtyard)
�/ If a Sandwich Board Sign is permitted under Criterion B above, and there are
three (3) or more businesses that share the access,
the businesses shall consolidate
signage onto one (1) sign. Board signs do t contains the business, allotment. went. Sign
must be located adjacent to the parcel
located on public right of way. Also see criteria under 26.510.09
Special sales permits for the placement of Sandwich Board Signs may be
requested and granted by the Community Development Director. These permits
are valid for one (1) week and no business shall receive more thanleight (8)
• special sale sign permits within an annual year (January
I
City of Aspen City Council ■
Ordinance No. 17, Series of 2010
Page 23
P219
1. Sandwich Board Sign (Alternate)
Must obtain permit. One (1) sign per business. No dry erase is allowed for
inserts. Only permitted for retail and restaurant businesses. When signs
are placed next to one another, a six foot travel width trust be maintained
on both sides. If this cannot be achieved, the board signs shall be arranged
in front of or behind one another. Only permitted within the CC and C -1
Zone Districts. Board signs do not count towards sign allotment. Sign
must be located adjacent to the parcel that contains the business. Also see
criteria under 26.510.090.E
3^ 12Fs rmu4A 'YTS
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 24
P220
E. Lodge uses. Only signs permitted under Section 26.510.030.B, Signs Not Requiring a
Permit, 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 Area Maximum Comments
Signs (Sq. Ft.) Height of
Freestanding
Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 2 per exceed ten
(freestanding, individual (10) sq. ft per
wall, business sign.
projecting frontage.
/hanging,
window, or Wall sign. 2 Size not to n/a Sign must not go above eave
awning sign) per individual exceed ten point Illumination permitted.
business (10) sq. ft.
frontage. per sign.
Projecting or Size not to n/a Sign must not go above eave
hanging sign. 2 exceed ten point Illumination permitted.
per individual (6) sq. ft. per One (1) projecting or
business sign. hanging sign per business
frontage. frontage shall be exempt
from counting towards sign
allotment.
Window sign. Not to n/a Counts towards sign
1 per window. exceed 25% allotment. Not to exceed
of window 25% of window
area
Awning sign. 1 Logos or n/a Illumination permitted.
per awning icons on • Counts towards sign
plane. awnings allotment. Lettering or
cannot be logos on awnings must be
larger than 1 arranged in a consistent
sq. ft. horizontal or vertical band.
Only one band is permitted
for each awning plane.
■
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 25
P221
F. Office and Service uses. Only signs permitted under Section 26.510.030.B, Signs Not
Requiring a Permit, and the following signs are permitted and then only if accessory and
incidental to a permitted or conditional use. As stated in Section 26.510.050(E) of this
Chapter, Office and Service uses shall be allotted six (6) square feet of signage per
individual business frontage. In buildings with four (4) or more tenants with an Office or
Service Use, the allotment shall be reduced to three (3) square feet of signage per
individual business frontage.
Type of Sign Number of Sign Area Maximum Height of Comments
Signs (Sq. Ft.) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 1 per exceed six (6)
(freestanding, individual sq. ft
wall, projecting business
/hanging, frontage.
window, or
awning sign)
Wall sign. 1 per Size not to n/a Sign must go above eave
individual exceed six (6) point Illumination
business sq. ft. permitted.
frontage.
Projecting or Size not to n/a Sign must not go above
hanging sign. 1 exceed six (6) eave point Illumination
per individual sq. ft. permitted.
business
frontage.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment. Not to exceed
window area 25% of window
Awning sign. 1 Logos or icons n/a Illumination permitted.
per awning plane. on awnings Counts towards sign
cannot be allotment. Lettering or
larger than 1 logos on awnings must
sq. ft. be arranged in a
consistent horizontal or
vertical band. Only one
band is permitted for
each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 26
P222 r l-.
Office and Service Use Signs Continued:
Type of Sign Number of Signs Sign Area (Sq. Ft.) Comments
Business directory No more than two 1 sq. ft. of signage The portion of the directory
signs (2) business for each business sign used for the associated
directory signs per using the directory business counts towards that
lot. sign. No directory business's sign allotment,
sign shall exceed 10 unless using the exemption
sq. ft. in size. found in 26.510.050.E.h,
Sign Allotment per business.
. 26.510.110. WINDOW DISPLAYS.
Window displays of merchandise and representations thereof are not subject to sign
regulations, sign square footage and do not require a sign permit. Window displays may
have minimal illumination which shall be directed inward towards the business so that
there is no contribution of light pollution to adjacent streets or properties. The following
types of illumination and signage are prohibited:
7\ 1. Televisions, computer monitors or other similar technological devices that create
oscillating light.
1
W 2. Neon or other gas tube illumination, rope lighting or low- voltage strip lighting.
3. Backlit or internally illuminated displays or graphics.
4. Window wraps, provided that retail businesses may use one (1) window per
frontage as a window wrap. No more than 25% of any other window on that
frontage may be used for window advertising.
Interior signage placed within ten (10') feet of storefront windows shall be deducted from
the business's signage allotment. This type of signage shall include, but is not limited to,
special sale signs, names of products, official logos, and descriptions of inventory.
Signage place perpendicular to the public right -of -way or more than ten (10') feet from
the storefront window shall be exempt from signage calculations.
26.510.120 EXISTING SIGNAGE
Signage that is in place with an approved sign permit may be kept in place after the
adoption of this Chapter. Existing signage without an approved sign permit may obtain a
building permit before December 15 2010. Any existing signage lacking an approved
building permit after December 15 2010 shall be in cauzppliaaee -with the regulations of i
this Chapter. L f +o L t
R
- t
0
City of Aspen City Council �ae8'I C* Nat + U1
Ordinance No. 17, Series of 2010 I-044 0 0
Page 27 04 ton'
P223
Section 2:
A public hearing on the Ordinance was held on the 27 day of September, 2010, at 5:00
p.m. in Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4: The effective date of this ordinance shall be December 15` 2010. Therefore,
the Sign Code in effect at the time of this approval shall be valid until December 15 2010.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26 day of July, 2010.
{Signatures on following page}
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 28
P224
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this day of , 2010.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
City Attorney
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 29
P225
Sandwich Board Sign Location Map
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P227
Sandwich Board Signs: Identified Locations
*Note: This list is subject to amendments either by the Community Development Director or by
requests of the business seeking a sandwich board sign.
1.) This location is related to the exterior doorway at 411 E Main, the Holtz Plaza. Several
businesses use this exterior doorway for access to their individual spaces. Given the amount
of businesses that use this entrance, if more than two sandwich board signs are implemented
here, it shall consist of one board to represent all tenants inside.
2.) This location addresses the side (East) entry to 112 S. Mill St. The door leads to a common
stairwell that provides access to office and retail uses.
3.) The location identifies a below grade restaurant /retail space whose storefront is completely
obstructed from the adjacent public right -of -way. A board sign here would be reasonable
given the difficulty seeing the associated storefront.
4.) This location addresses the second -level courtyard that services commercial activity. The
storefronts for these businesses are completely obstructed when viewed by the public right of
way. If more than 2 businesses exist (that can utilize board signs) then one board sign shall be
used to represent all tenants.
5.) This location is currently named Caribou Alley, at 411 E. Hopkins. The two tenant spaces
nearest to and that have storefronts on the public right -of -way, shall not be able to use a
sandwich board sign. However, the tenant space furthest back (South) shall be able to use a
sandwich board sign.
6.) This location addresses the property located at 325 E. Hopkins Avenue. This property includes
a large interior courtyard with numerous retail and restaurant uses. The perimeter of the
building significantly obstructs the view of the storefronts from the public right -of -way. Due to
the amount of businesses in this courtyard, those uses shall consolidate their signage in one
board sign if more than two want a board sign.
7.) This location addresses the corner property with the address of 305 E. Hopkins Avenue (the
old Steak Pit location). Staff assessed the property and found it reasonable to allow one
sandwich board sign for those businesses that obtain primary access from the corner (angular)
street -level entrance. Limits do apply when more than two businesses desire a board sign.
8.) This location addresses the storefront that is behind 623 E. Hopkins Avenue. This space
currently has multiple tenant spaces. This site is reasonable due to the amount of obstruction
the buildings along the street create.
9.) This location identifies the Torn Thumb Building at 406 E. Hyman Avenue. This location has
multiple storefronts that are obstructed by the front -most portion of the building. Staff
analyzed the site and determined that only one space, the current location of Parallel 13,
meets those requirements for obtaining a sandwich board sign.
P228
10.) This location identifies the alleyway located between 416 and 420 E. Hyman Avenue. This
alleyway provides access for several businesses. Each shall be permitted a sandwich board
sign.
11.) This location addresses a street level entrance at 616 E. Hyman Avenue. The entrance to the
building provides access to a number of commercial businesses. These businesses, if meeting
the requirement found within the Land Use Code, may utilize sandwich board signs.
12.) This location represents 630 E. Hyman Avenue. This is a unique property with a large interior
courtyard that provides access to multiple businesses. A business in one of these spaces
(provided that the space does not also have a storefront on the public right-of-way) could
utilize a sandwich board sign, due to the amount of storefront obstruction.
13.) This location addresses 308 S. Hunter Street. It is the current location of Zane's Tavern, La
Palapa, and Little 011ie's. All restaurants have a portion of their storefront that faces the
public right of way. A menu sign is preferred for this location, unless a board sign can be
placed on private property.
14.) This location identifies those businesses found within the Ute City Bank building. All
businesses that do not have a storefront along the public right -of -way would be able to utilize
a sandwich board sign. Limits do apply when more than two businesses desire a board sign.
15.) This location allows for sandwich board signs for those businesses located below grade at 315
E. Hyman Avenue. The structure itself significantly obstructs the view of these businesses.
Currently, the tenants include Su Casa and Eric's Bar.
16.) This location identifies the below grade tenant space at 534 E. Cooper Avenue. The Hunter
Bar currently occupies this space. Staff visited the site and determined that the unique
location significantly blocks the storefront and a sandwich board sign would be appropriate.
17.) This location responds to 520 E. Cooper Avenue. This is a unique building with several retail
and restaurant uses below grade and in upper levels. For any businesses on an upper level
that are recessed behind the front -most portion of the building, a sandwich board sign is
acceptable. For the lower level, only those businesses that do not have a storefront at the
base of the stairs may have a sandwich board sign. Limits do apply when more than two
businesses desire a board sign.
18.) The location identifies the Aspen Grove Building at 525 E. Cooper Avenue. The upper -level
businesses whose storefront is not parallel to the public right -of -way shall be able to use
board signs. Limits do apply when more than two businesses desire a board sign.
19.) This location identifies those businesses at 450 5. Galena Street. Any business on the upper -
level, specifically the northeast corner, shall be able to utilize a sandwich board sign.
20.) This location identifies the Ajax Mt. Building. Several tenants are present in this space, but
most have storefronts that parallel the public right -of -way. Only spaces that have no portion
of their storefront in this scenario (i.e. Ink Coffee) shall be able to implement a sandwich
board sign.
Xhllf3f7
P 229
Sign Code Announcement
THE CrrY OF ASPEN
To whom it may concern —
The City of Aspen has recently adopted a new Sign Code. These amendments were codified in
order to simplify the sign permitting process and sign enforcement. If you have submitted for a
sign permit in the past, you likely know that signage used to be allotted based on the BUILDING
size. The new Sign Code eliminated that provision and place created a system that operates on a
per BUSINESS allotment.
If you have existing signage that exceeds the new signage allotment, it can remain in place so
long as you've received an approved sign permit from the City of Aspen_ If not, you have until
December 15 2010 to receive this permit so that your existing signage may remain in place (it
must conform with the Sign Code language in place prior to the new chapter). After December
15 any sign without a permit is subject to the new Sign Code regulations.
The program for sandwich board signs has experienced a complete revision. The purpose for
these signs, as now defined, is to help identify hard to locate businesses, advertise special sales,
or assist restaurants with private property to advertise food and drink specials. These signs may
only be utilized by RETAIL or RESTAURANT uses. Community Development has created a
Sandwich Board Sign Location Map that identifies those places within town that can utilize a
sandwich board sign. These locations were selected using the following criteria:
• Business has no portion of a storefront that is parallel to the public right -of -way,
• Business is provided access through a common entryway that is not exclusively used
for the said business, or
• Business has a storefront that is obscured by another building, or portion thereof, on
the same lot (i.e. interior courtyard)
If you feel that your business meets these criteria, but is not on the location map, you may
request an amendment through Community Development. If you operate a commercial
restaurant with adjacent PRIVATE property, you may place one sandwich board advertising
food and drink specials. Additionally, all retail and restaurant businesses may receive a Specials
Sales Permit (good for 1 week, no more than 8 times per year) through the Community
Development Department
Community Development Staff will be actively enforcing these new rules and regulations within
the next few weeks. If you have any questions, concerns, or comments please don't hesitate to
contact Drew Alexander at 970.429.2739.
Cheers,
Drew Alexander
Planner Community Development Department
r"" , ExltlaiT 1
P230
.Drew Alexander
From: Claude Salter
Sent: Friday, October 15, 2010 9:12 AM
To: Drew Alexander
Subject: FW: Signage?
FYI
Claude Salter
From: Mike Maple [mailto:mmaple @dunrene.com]
Sent: Friday, October 15, 2010 9:11 AM
To: Claude Salter
Cc: Chris Bendon
Subject: RE: Signage?
Thank you.
I think political signs should be subject to the same dimensional requirements as all other signs.
With respect to a sign, 180 days sounds more like semi permanent to me. By comparison, a "temporary" sign in
Glenwood Springs is limited to less than 45 or 60 days and subject to size limitations.
1 suggest size and duration of political signs should be subject to the same limitations as other signage in Aspen.
Please consider such limitations when the sign code is reviewed.
Thank you.
From: Claude Salter [ mailto :Claude.Salter @ci.aspen.co.usj
Sent: Friday, October 15, 2010 9:03 AM
To: Mike Maple
Subject: RE: Signage?
Hello Mr. Maple,
Question 1: what is the definition of "temporary"?
In other sections of the Code temporary is 180 days. That time frame is mentioned under Temporary and
Seasonal Uses. In the sign code, political signs are addressed specifically as temporary signs and no definition
of temporary is given with that section of Code.
Question 2: Are political signs exempt from any dimensional limitations?
The code is silent on the topic of dimensional limitations with regard to temporary political signs. Most likely
because they are temporary.
Regards,
Claude
Claude Salter
1
P231
From: Mike Maple [mailto:mmaple @dunrene.com]
Sent: Friday, October 15, 2010 8:45 AM
To: Claude Salter
Subject: RE: Signage?
Two questions — what is the definition of "temporary"? My brief review of the City sign code appeared to
indicate that all signs were subject to dimensional limitations. Are political signs exempt from any dimensional
limitations?
From: Claude Salter [ mailto :Claude.Salter @ci.aspen.co.us]
Sent: Friday, October 15, 2010 8:42 AM
To: Mike Maple
Subject: RE: Signage?
Good morning Mr. Maple,
Below, please find the section of Title 26 Land Use Regulations which covers temporary political signs.
26.510.120. Temporary signs.
C. Nonresidential uses and nonresidential Zone Districts.
2. Temporary political signs. Temporary political signs announcing political candidates seeking public
office, political parties or political and public issues shall be permitted. There shall be no temporary
political signs permitted on or located in the public right -of -way or on public property except as
permitted per Subsection 26.510.110.B, Policies regarding signage on public property.
Thank you for your concern.
Please contact me if you have further questions.
Regards,
Claude
Claude Salter
From: Mike Maple [mailto:mmaple @dunrene.com]
Sent: Thursday, October 14, 2010 11:02 AM
To: Joanna Schaffner
Cc: Claude Salter; Susan Pearson
Subject: RE: Signage?
Thank you. The sign is on the south side of the fence that surrounds the Smuggler Mine, adjacent to the 2
switchback, about 150 — 200 yards up the road from the pavement. It appears the City /County line is close to the
paved roadway so I think the Smuggler Mine is in the County.
1 am amazed that County regulations that banned bill boards in the 1960's would not include basic regulations
on the size of any sign. Having said that, disappointing, but perhaps not surprising, that politicians would not
make themselves subject to regulations.
From: Joanna Schaffner [mailto: Joanna .Schaffner @co.pitkin.co.us]
Sent: Thursday, October 14, 2010 10:55 AM
2
P232
To: Mike Maple
Cc: Claude Salter; Susan Pearson
Subject: FW: Signage?
Hi Mike,
The sign on Jimmy's is obviously in the City, so I refer you to the city zoning officer, Claude Salter. I have not
been able to locate the sign at the bottom of Smuggler to determine whether it is in the city or county. If in the
county, the county sign code does not regulate the size or duration of campaign signs. County sign regulations
can be found in Section 7 -60 of the Land Use Code.
Staff is in the process of rewriting the county's sign code and will keep these issues in mind. Thank you for
your inquiry.
Joanna S. Schaffner
County Zoning Officer
130 South Galena Street
Aspen, CO 81611
(970) 920-5105
From: Cindy Houben
Sent: Thursday, October 14, 2010 10:09 AM
To: susanp @co.pitkin.co.us; Joanna Schaffner
Subject: FW: Signage?
Will one of you please get back to Mike. Thank you, Cindy
From: Mike Maple [mailto:mmaple @dunrene.com]
Sent: Thursday, October 14, 2010 9:48 AM
To: Cindy Houben; Chris Bendon
Subject: Signage?
My understanding is that Pitkin County and Aspen have tight signage regulations. While I cannot locate County
signage regulations or wade through all the City regulations, it appears City regulations require a maximum
letter size on any sign of 12" and overall dimensions are limited. Does the banner "Deputies for DeSalvo ",
which I estimate is about 30 -36" tall x 25 - 30 feet long with 24 - 30" letters and logos comply with County and
City sign codes? Certainly this is the largest banner or sign I have seen in the community for many years. The
banner or sign has been in place at the base of Smuggler Mountain since at least July 4 and I believe for a
shorter period of time on the balcony of Jimmy's. What are County & City standards & time periods for
"temporary" signs or banners?
Do these banners comply with County & City sign codes?
Mike Maple
1250 Mountain View Drive
Aspen, CO 81611
Work: 970.925.9046
3
Regular Meeting Aspen City Council October 25, 2010
Contents
PROCLAMATION — Peg McGavock 2
CITIZEN COMMENTS 2
COUNCIL COMMENTS 2
CONSENT CALENDAR 3
ORDINANCE #24, SERIES OF 2010 — Supplemental Appropriation 4
ORDINANCE #25, SERIES OF 2010 — Historic Designation — Cortina Lodge 4
ORDINANCE #26, SERIES OF 2010 — 630 E. Hyman Amendment to Ordinance #48
Negotiation 5
ORDINANCE #27, SERIES OF 2010 — Code Amendment Calculations & Measurements
6
ORDINANCE #22, SERIES OF 2010 — Rezoning Given institute 6
All in favor, motion carried. 6
ORDINANCE #I7, SERIES OF 2010 — Code Amendment — Signs 6
RESOLUTION #88, SERIES OF 2010 — Extension of Vested Rights — 507 W. Gillespie8
ORDINANCE #23, SERIES OF 2010 - 1102 Waters Avenue Ordinance #48
Negotiation9
•
1
Regular Meeting Aspen City Council October 25, 2010
Mayor Ireland called the meting to order at 5:08 PM with Councilmembers Johnson,
Romero, Torre and Skadron present.
PROCLAMATION — Peg McGavock
Mayor Ireland and Council celebrated and honored Peg McGavock for her life long
commitment to making Aspen a safe and non - violent community.
CITIZEN COMMENTS
There were none.
COUNCIL COMMENTS
1. Councilman Skadron reported he went to the Red Brick gymnasium to see a
gymnastics performance. These gymnasts were able to put on this performance because
of the Council- approved improved facilities. Councilman Skadron said watching this he
felt it was money well spent.
2. Councilman Johnson said the Aspen High football team lost a tough game to Coal
Ridge. The football players showed up in good spirits to take their SATs the next day.
3. Councilman Johnson noted the first fall face off brought 26 hockey teams from
around the state to participate in hockey toumaments, stay and eat in Aspen. Councilman
Johnson congratulated staff for putting on a good event.
4. Councilman Romero agreed about the Red Brick gymnastic improvements.
5. Councilman Romero acknowledged Bob McDonough, a local contractor who has
done remodel work in city hall, has done a great job and is a great community citizen.
6. Councilman Torre reported on a community get together held this weekend, the
Ute Mountaineer bucket brigade moving project. Councilman Torre noted it was great to
see the community come together.
7. Councilman Torre said last week he attended a lunch meeting, the topic was the
Art Museum project. Councilman Torre noted the sponsors did a great job of creating a
safe venue for a community dialogue. Councilman Torre said the Art Museum is still
working on the fmal design. Councilman Torre said the height of the proposed building
is an issue for some people. The Art Museum meets the height requirement in the land
use code. Councilman Torre said if citizens want heights in the commercial core to be
lower, they should let Council know before the AACP is adopted.
8. Mayor Ireland reminded everyone the election is November 2 About 3000
ballots were mailed out and of these 1100 have been returned. Mayor Ireland said if
2
Regular Meeting Aspen City Council October 25, 2010
people were mailed a ballot, they should vote and get it back to the county clerk's office
by November 2 "d
9. Mayor Ireland urged people to leave political signs alone; do not knock them over
or steal them. These signs are only up until the day of the elections.
10. Mayor Ireland congratulated Daniel Ryerson, Aspen High School football, who
ran for 98 yards.
11. Mayor Ireland said October is Breast Cancer awareness month and early detection
is the most effective treatment.
12. Mayor Ireland said there is a Charter Amendment on the ballot about repeal of
instant runoff voting. Mayor Ireland said this is a choice on the style of voting, not a
means to correct any errors.
13. Mayor Ireland said he, too, enjoyed the Ute Mountaineer moving brigade through
the mall to their new location.
14. Steve Barwick, City Manager, reported on the Given Institute and that there is not
a proposal for this property with CU. Barwick requested Council continue the rezoning
Ordinance.
15. Councilman Skadron reported the RFTA Board meeting the discussion was the
2011 budget and the commitment not to use fund balances if possible. RFTA has agreed
there will be a reduction in transit services, if necessary, to balance the budget. RFTA
does have a cost reduction plan if 60, 61 and 101 pass on November 2 "a
16. Councilman Romero said the fire district board discussed closing out the
construction contract for the new fire station. There is a deficiency in that the contractor
did not pay the subcontractors. The board is trying to resolve this with the contractor and
if not will have to pay the subcontractors.
17. Councilman Torre said there was a Sister City exchange of school kids from
Bariloche, Argentina, two weeks ago. Councilman Torre thanked city staff for all they
did to help the exchange. Councilman Torre said Aspen schools kids will be going to
Bariloche in the spring. Aspen is hosting the Chamonix women's hockey team the week
of November 7 if anyone can help out.
CONSENT CALENDAR
Councilman Romero moved to adopt the consent calendar; seconded by Councilman
Johnson. The consent calendar is:
Councilman Torre asked if the museum lease extension had anything to do with the
development projects at Lift One. City Attorney, John Worcester, explained the
historical society has had a lease on city property and one of the conditions is that they
3
Regular Meeting Aspen City Council October 25, 2010
receive a building permit within 5 years; this is an extension of that provision. This has
nothing to do with the development on Aspen Mountain.
Councilman Torre asked about the well blending project. Phil Overeyender, water
department, told Council the city has 3 wells that serve as supplemental water supply for
the city during critical dry periods. Overeynder said staff has found over time that the
levels of uranium were unacceptable and this project will blend the water sources to get
within acceptable levels of the state health department.
Councilman Torre asked if the conversation about fluoride is on going. Overeynder
noted the last direction from Council was to continue adding fluoride to the city's water
supply.
All in favor, motion carried.
ORDINANCE #24, SERIES OF 2010 — Supplemental Appropriation
Councilman Johnson moved to read Ordinance #24, Series of 2010; seconded by
Councilman Romero. All in favor, motion carried.
ORDINANCE NO. 24
(Series of 2010)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF $152,500, AN INCREASE IN
THE GENERAL FUND OF $96,790, AN INCREASE IN THE PARKS AND OPEN
SPACE FUND OF $45,400, AN INCREASE IN THE TRANSPORTATION FUND OF
$24,000, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $70,000
AN INCREASE IN THE EARLY CHILDHOOD FUND OF $141,910, AN INCREASE
IN THE WATER UTILITY FUND OF $20,000, AN INCREASE IN THE ELECTRIC
UTILITY FUND OF $305,000, AN INCREASE IN THE EMPLOYEE HOUSING
FUND OF $68,830 AND AN INCREASE IN THE HOUSING ADMINASTRITION
FUND OF $404,250.
Councilman Romero moved to adopt Ordinance #24, Series of 2010, on first reading;
seconded by Councilman Skadron. Roll call vote; Torre, yes;. Skadron, yes; Johnson,
yes; Romero, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #25, SERIES OF 2010 — Historic Designation — Cortina Lodge
Councihnan Romero moved to read Ordinance #25, Series of 2010; seconded by
Councilman Johnson. All in favor, motion carried.
ORDINANCE #25
SERIES OF 2010
4
Regular Meeting Aspen City Council October 25, 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING LANDMARK DESIGNATION FOR THE PROPERTY LCOATED AT
220 AND 230 E. MAIN STREET, LOTS P AND Q BLOCK 73, CITY AND
TOWNSITE OF ASPEN, COLORADO
Councilman Torre moved to adopt Ordinance #25, Series of 2010, on first reading;
seconded by Councilman Romero. Roll call vote; Johnson, yes; Romero, yes; Skadron,
yes; Torre, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #26, SERIES OF 2010 — 630 E. Hyman Amendment to Ordinance #48
Negotiation
Councilman Torre moved to read Ordinance #26, Series of 2010; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE #26
(Series of 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING ORDINANCE #26, SERIES OF 2009, A NEGOTIATION FOR THE
LANDMARK DESIGNATION OF THE PROPERTY LOCATED AT 630 E. HYMAN
AVENUE, LOTS R AND S, BLOCK 99, CITY AND TOWNSITE OF ASPEN
Councilman Torre moved to adopt Ordinance #26, Series of 2019, on first reading;
seconded by Councilman Romero.
Mayor Ireland asked what is happening to the public space and why is it disappearing
from the agreement. Greg Hills, applicant, told Council in the original negotiations, the
reason to preserve the round window was for views of Aspen Mountain. With the Art
Museum going across the street, the HPC agreed the view will be lost. Hills reminded
Council another goal was to keep the commercial space as affordable as possible. Some
of his tenants requested him to look at getting a better price. Hills said if he can sell this
as an office space, he can give a better purchase price to the existing tenants.
Mayor Ireland said in applications, Council makes agreements to get public benefits and
then those disappear. Mayor Ireland said this may be reasonable and necessary. Mayor
Ireland said he would like to see the impact on the view that is allegedly impaired by the
Art Museum. Councilman Romero requested the Council minutes from the original
approval. Councilman Romero said he would also like to see an architectural plan view
of the second floor and what is being proposed. Councilman Johnson said he would like
to see a matrix of the tenants, who is buying. Mayor Ireland stated he appreciates the
efforts on behalf of the tenants. Mayor Ireland said he would like the views not just of
the Art Museum but of the proposed Wienerstube development and what building could
be built across the street.
5
Regular Meeting Aspen City Council October 25, 2010
Councilman Skadron said he would like to know to what degree the original approval
relied on the gallery space. Councilman Torre asked if there are other ways to increase
the rental space 427 square feet. Hills reiterated he is trying to honor his commitment to
the tenants who need help purchasing their space.
Roll call vote; Romero, yes; Torre, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes.
Motion carried.
ORDINANCE #27, SERIES OF 2010 — Code Amendment Calculations &
Measurements
Councilman Johnson moved to read ordinance #27, Series of 2010; seconded by
Councilman Torre. All in favor, motion carried.
ORDINANCE NO. 27
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE FOLLOWING SECTIONS OF THE CITY OF ASPEN LAND USE
CODE:
26.575.020 — CALCULATIONS AND MEASUREMENTS
26.104.100 — DEFINITIONS
Councilman Johnson moved to adopt Ordinance #27, Series of 2010, on first reading;
seconded by Councilman Romero.
Councilman Torre said he would like to have P &Z comments for second reading.
Councilman Johnson said he would like a synopsis of the public outreach on these code
amendments.
Roll call vote; Torre, yes; Skadron, yes; Johnson, yes; Romero, yes; Mayor Ireland, yes.
Motion carried.
ORDINANCE #22, SERIES OF 2010 — Rezoning Given institute
Councilman Torre moved to continue Ordinance #22, Series of 2010, to November 8,
2010; seconded by Councilman Skadron.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
All in favor, motion carried.
ORDINANCE #17, SERIES OF 2010 — Code Amendment — Signs
6
w,r
Regular Meeting Aspen City Council October 25. 2010
Drew Alexander, community development department, reminded Council they had some
suggestions after the public hearing September 27 including political signs, sign
allotment, grandfather clause. Alexander noted staff met with a representative from
Sandy's Office Supply about sign allotment. Alexander said there have been some
concerns from community members about very large political signs. Councilman Torre
said Council took the size limit out of these proposed amendments. Mayor Ireland said
the political sign time limit should be 90 days rather than 60 days as campaigns start
before Labor Day. Councilman Skadron stated he objects to a longer campaign season.
Councilman Torre said he supports not limiting the number of signs but does support an
overall cap on the size of any particular campaign sign. Chris Bendon, community
development department, said they will amend the code that no sign shall exceed 8
square feet in size.
Alexander said the next area is the signage allotment system. Council had no objections
to the proposed changes. Councilman Johnson brought up the temporary signs with the
14 day restriction within two weeks. That could be too restrictive for sales that may be
Valentine's Day, then President's day, then spring sale. Council agreed to change the
duration to 10 days for signs and the time between be 14 days.
Council agreed with the restriction about vending machines. Councilman Johnson
brought up moving signs, some businesses may have creative moving parts of their signs
and he does not want to eliminate those. Alexander said this can be addressed by stating
the moving piece is part of the sign to allow those. Councilman Torre brought up
television monitors and allowing 6' across monitors being display 10' from a store
window. Mayor Ireland suggested prohibiting television monitors perpendicular to the
windows be eliminated. Bendon said there is a provision restricting the size of screens as
well as the content must be consistent with store merchandise.
Alexander brought up cut out wall signs, which was added for clarity to help applicants
understand how this provision works. Alexander said for sign location and placement, he
added clarification where signs can be mounted, on the frontage of the business. Mayor
Ireland asked about signs for business on upper floors. Alexander said that is allowed in
this code amendment. Bendon noted there should be a correlation between the location
of the business and the location of the sign. Alexander said he will add some language
about directional signs.
Alexander said at the Council meetings, some concern was expressed about the amount
of work done on existing signs. Alexander told Council he reexamined his field work.
One suggestion is that any business with more than 30' in length will get an additional 2'
in signage; lodges will get 12'. Anything that faces the same direction is treated as one
frontage.
Alexander reminded Council at the last meeting, staff presented 5 options for sandwich
board. Council indicated the most comfort with option C, which had specific criteria for
businesses to address to see if they qualify for a sandwich board sign. Alexander
7
Regular Meeting Aspen City Council October 25, 2010
presented a location map of sandwich board sign that identify why certain businesses
were selection to have sandwich board signs. Alexander pointed out they left in a
provision for businesses that do not meet the criteria to have sandwich board signs
advertising these sales. Councilman Torre said sandwich boards were allowed to help
people find businesses and for businesses to have way finding. Councilman Torre asked
if these amendments will allow businesses to have greater creativity in designing their
signs. Councilman Torre agreed the number of sandwich boards needs to be scaled back.
Bendon said it is a challenge to use a tool of restriction to try and get creativity. Staff
worked on incentives and bonuses for creativity and felt it was too difficult to make
subjective decisions though the land use code. Bendon said within the allotment, a
business can be as creative as they want.
Bendon pointed out sandwich board signs will only be allowed for retail and restaurant
businesses, not services. Councilman Johnson said at the last meeting, Council agreed if
a business has a sign, whether permitted or not, it will be grandfathered. This allows a
business to have until December 15 to get a sign. Councilman Johnson said December
15 is the busiest ever for retailers and that should not be a deadline for sign permits.
Mayor Ireland agreed to a longer time period, an existing sign as of today shall be
eligible to get a permit up to one year.
Councilman Johnson said window wraps are a new innovative thing in retail businesses
and rather than one window, it should be one image. Councilman Johnson said he would
prefer two image be allowed. Alexander said any window wrap would take up an entire
sign allotment for a business. Staff considered one image for one window. Councilman
Johnson said window wraps are not typically advertising a business. Bendon suggested
wraps may need to be defined so that every business does not have window wraps.
Council asked staff work on window wraps.
Alexander brought up the enforcement issues as businesses indicated complaint based
compliance does not work. Staff has planned to start with education followed by bi-
monthly inspection to get the new rules out. Council agreed with that approach.
Councilman Johnson moved to continue Ordinance #17, Series of 2010, to November 8;
seconded by Mayor Ireland.
Steve Jaworski, parks department, told Council he appreciates this work of staff and likes
the amendment to keep signs in a certain location. Jaworski agreed enforcement is the
issue so that the signs don't keep multiplying.
All in favor, motion carried.
RESOLUTION #88, SERIES OF 2010 — Extension of Vested Rights — 507 W.
Gillespie
Sara Adams, community development department, said this is a request for a 3 year
extension of vested rights for vacant lot at 507 West Gillespie. This lot has approval for a
8
r
Regular Meeting Aspen City Council October 25, 2010
single family residence plus ADU. The project complies with all aspects of the R -6 zone
district and other review standards. There was a variance for the ADU to be completely
subgrade. The project has not submitted for a building permit. Staff finds the criteria has
been met and recommends approval of a 3 year extension of vested rights.
Mayor Ireland moved to approve Resolution #88, Series of 2010; seconded by
Councilman Johnson.
Councilman Torre noted ADUs have been under utilized in Aspen and he would consider
cash -in -lieu rather than an uninhabited ADU. Councilman Torre said he is concerned
about the impact on the historic resource to the west. 10' setback does not seem like
enough to offset the historic building. Councilman Skadron asked what benefit the
community receives if this extension is not approved. Randall Bone, applicant, told
Council he did the historic renovation of the property to the west and is now trying to
build a house on the vacant lot. Councilman Romero asked about the subterranean
housing and perhaps replacing it with purchasing a housing unit. Bone told Council he
has built ADUs in other properties and they use these units and intend to rent this ADU.
Bone said there will be other bedrooms in this below ground area. This ADU is larger
than the minimum requirements.
All in favor, motion carried.
ORDINANCE #23, SERIES OF 2010 — 1102 Waters Avenue Ordinance #48
Negotiation
Amy Guthrie, community development department, noted there was a site visit earlier
today attended by all Council except the Mayor. Ms. Guthrie noted this structure is on
the Ordinance #48 list and the owners have agreed to voluntary designation. This
building was designed by Fritz Benedict and published in Ski Magazine as a prototype
for ski cabins and was built in 1967. The structure is in authentic condition and is owned
by the family of the original builder. Benedict was an important architect in Aspen and
he designed master plans for Aspen, Vail, and Steamboat Springs and invented the cold
roof. This building is nestled into the site and has about 1000 square feet of FAR. This
building scored 100% on historic criteria.
Ms. Guthrie told Council no specific development plans are done yet. Ms. Guthrie
showed a plat of the property, a 10,000 square foot lot; showed the top of slope line; the
city has pre - mapped the margins along the stream. Ms. Guthrie told Council the city has
pre - mapped the margins along the stream. Ms. Guthrie told Council the mapped top of
slope line on this lot does not follow the topography and the city engineer has agreed on
an amended line. HPC asked for a 10' setback from the historic resource. Ms. Guthrie
noted this zone district has a 25' front yard setback and a requirement to be 15' from the
top of slope leaving little room for development. The applicants request not to have a
stream margin review with P &Z and to honor the agreed upon top of slope and to
eliminate the front yard setback. The side yard setbacks requirements will be met and the
9
Regular Meeting Aspen City Council October 25, 2010
request is for a 5' rear yard setback. The applicants request not to provide parking on
site.
Ms. Guthrie reminded Council to determine FAR in historic lot splits, the existing parcel
is looked at and what would be allowed is 3,763 square feet of FAR with deductions for
the topography. HPC stated they want most of the floor area on the new lot rather than
detract from the historic resource. Part of the negotiations has been requests for higher
than 3,763 square feet by looking at each lot individually to calculate the FAR. HPC
agreed the new lot could have 2,975 square feet with no addition to the historic house and
preserve it as it. The applicant proposes a 250 square foot addition to the historic house
and 250 square feet to sell as a TDR. To get to this 500 square feet one would have to
waive some of the lot size reductions or to have Council increase the FAR.
Ms. Guthrie noted there is a request to waive the affordable housing mitigation and staff
does not have an alternative funding for this. There is concern for not providing any
housing. Ms. Guthrie pointed out in condominiumization there is no housing mitigation
required; however, lot splits offer more financial gains. There is also a request to waive
the park dedication fee, which is $4,000. Parks staff is opposed to this fee waiver and
suggested a deferral while this property remains in the current ownership. The standard
vested rights is 3 years and the applicants are requesting 10 years; there are 3 children
involved and the timing of development is not known. Staff is recommending approval
and supports HPC's recommendation of maintaining the historic resource with a high
level of integrity.
Mitch Haas, representing the applicants, said there is no issue regarding the historic
significance of the house. Haas told Council this house has been in the family since it
was built and the applicants are the children of the original owners, one of whom has
been living in the house. Haas noted this property has significant regulatory constraints
and Ordinance #48 negotiations offers ways to deal with those constraints in a mutually
acceptable agreement. Haas said there is no building envelop for the newly created lot or
any floor area. Haas said the intention is to build a duplex on the new lot for two of the
families so all 3 of the families can live on this property. Haas noted the proposal has
been revised; the 500 square foot FAR bonus has been eliminated, the building envelope
has been adjusted after meeting with staff and the city engineer's determination of top of
slope. Moving the property from the top of slope eliminates much of the front yard
setback. The applicants agreed to a 15' minimum space between the historic building
and the new structure.
Haas told Council the applicants have lowered their request for 5000 square feet of FAR
to 4,528. The applicants suggested for affordable housing, the fees are assessed on any
square footage above that which would be allowed by right without any mitigation. Haas
said the applicants request the parking waiver and a deferral on the parks fee as long as
the applicants own the property. Haas said the applicants are requesting 10 year vesting
period.
10
Regular Meeting Aspen City Council October 25, 2010
Haas showed an area map of the properties along Waters Avenue, those zoned R -15 and
found that not one lot complies with the required minimum lot area of 15,000 square feet
and very few lots comply with the 25' front yard setback. Very few lots comply with the
10' side yard setback and none of the properties comply with the top of slope. Haas
pointed out the constraints on this property are regulatory not physical as no other lots
comply with these constraints. Haas said to come up with a reasonable building envelop,
they drew a line between the comer of the adjacent building and the historic resource.
The proposed building is 15' to 23' above that line and provides consistency with the
neighborhood.
Haas said the outstanding issues are the FAR distribution and the requested fee waivers.
Mayor Ireland agreed the compromise on housing fees seems acceptable. Mayor Ireland
said the argument about how this neighborhood has developed and that this house is
further from the top of slope is an accurate argument. Mayor Ireland said he does not feel
a request for a 2900 square foot duplex is unreasonable or out of character with the
neighborhood. Mayor Ireland said the value of preservation is keeping the historic house
as it is rather than adding to it and taking away the historic character. Haas said the
building envelope around the historic resource has been drawn very tight. Any addition
will have to be consistent with HPC design guidelines and be approved by HPC. Haas
suggested that an addition could be put across the back of the house. The historic house
is 25' by 25' and there could be an addition of 250 square feet built across the back which
would not be seen from the front of the house. Ms. Guthrie said an addition could be
done and still meets the HPC scoring. Mayor Ireland said if this were approved, he
would like language stating that it is discretionary and not a right.
Councilman Romero said the public perception of this structure is 99% from the front and
an infill addition across the back could be acceptable. Councilman Romero said he could
support the affordable housing proposal, lowering it not waiving it or to buy a portion of
a unit in the community. Councihnan Romero said his goal is to make an agreement with
the property owner to preserve the historic resource and not to tip the benefits too far to
the detriment of the community. Ms. Guthrie reiterated the applicants are proposing to
mitigate for the additional square footage of 682 square feet more than allowed by right.
The new lot would have 2975 square feet, 970 for the existing house, 250 square foot
addition and 250 square feet TDR.
Mayor Ireland said this is about $51,000 in affordable housing mitigation and the fees
would be assessed at time of building permit. Councilman Romero said this hinges on
little or no disturbance of the existing historic structure. HPC has indicated this structure
is unique and should not be changed. Councilman Johnson stated he is okay about the
stream margin review, okay with the setbacks, is comfortable with deferral of the parks
fee and the negotiated housing fee. Councilman Johnson said he is not convinced about
any additional square feet on the historic structure.
Councilman Skadron asked if a structure is feasible on this parcel under the existing land
use code. Haas said if one adhered to every regulation, a structure could not be built on
this parcel. Councilman Skadron said he feels the historic resource is the context of the
11
Regular Meeting Aspen City Council October 25, 2010
entire neighborhood. Councilman Skadron said he is okay with the 250 square foot
addition as described and with selling a 250 TDR. Councilman Skadron said he could
approve the housing mitigation as proposed as long as the developer is the family.
Councilman Skadron said he feels 2975 square feet for the new structure is too big and
should be downsized. Councilman Skadron asked about the parks memorandum stating
the new structure should not be within the top of slope and to which top of slope were
they referring. Ms. Guthrie said parks staff was on the site visit and agrees this should be
the city engineer's interpretation.
Councilman Skadron asked if it is agreed there will be no development outside the top of
slope. Haas said that is agreed to and they will contain building within the envelop.
Haas said the 2975 square feet is important to the applicants as they want about 1500
square feet each, which is not a lot of room. Haas said any proposed design will go
through HPC conceptual and final and will have to meet the guidelines. Haas said these
are families with children. Mayor Ireland agreed 1500 square feet for a family is not
large and is not a speculative development. Councilman Skadron said what concems
him is the waiver from setback and stream margin review, the impacts of this
development on the river and on the quality of life for the neighbors. Councilman Torre
agreed the 2975 square feet would be impactful and will the historic resource become
more lost with a new structure. Councilman Torre said he is against 10 year vested rights
and is not for deferring the parks fee. Councilman Torre said he could support the
affordable housing mitigation adjusted and as cash -in -lieu. Councilman Torre said if the
250 square feet for the historic house is deducted from the new structure, he could
support that and the public benefit of preservation. Councilman Torre said he is okay
with the creation of a TDR. Councilman Torre said the parking waiver concerns him as
the street is overburdened with on street parking. Councilman Torre stated he sees the
value of the historic resource; however, it is very hidden and preserving the structure for
educational value is what is important. Councilman Torre stated he is struggling with the
number of waiver requests and that may over burden the property.
Haas told Council the building envelope was created to be able to work with HPC on the
design of the new building and to fit the new structure in without overburdening the
historic structure. HPC will insure that the historic house can be seen. Haas noted they
will try to fit a garage in but would like the flexibility not to require on -site parking.
Mayor Ireland pointed out the alternative is demolition of the historic house and selling
the entire parcel. Mayor Ireland said he finds a balance of requests and this may keep 3
families in Aspen. These units are less prone to becoming luxury units. Mayor Ireland
said he would like to preserve the historic resource. Mayor Ireland said he is willing to
accept the compromise of the housing fees, that the 250 square foot addition be on the
back of the structure and be contingent on HPC approval and a limitation on the new
development to 2975 square feet, parking could be off site, deferral of the parks fee and
a maximum of 5 years for vesting. Mayor Ireland noted this neighborhood is a lot of
second homes with not a lot of demand for parking.
Mayor Ireland opened the public hearing.
12
Regular Meeting Aspen City Council October 25, 2010
Ms. Guthrie noted an e -mail from Peggy Weiss with concerns about the stream margin
and Haas' e-mail with the affordable housing mitigation proposal. Paul Greney,
applicant family, agreed the 250 square feet addition should not take away from the
intrinsic value of the design.
Mayor Ireland closed the public hearing.
Staff recommended this be continued so that the ordinance can be amended, reviewed by
staff and presented at the next regular meeting.
Council agreed the fee waiver should only apply if there has been no transfer from this
family's ownership. The ordinance shall specify the existing square footage so there is
no issue.
Mayor Ireland moved to continue Ordinance #23, Series of 2010, to November 8;
seconded by Councilman Skadron. All in favor, motion carried.
Councilman Torre moved to adjourn the meeting at 8:45 PM; seconded by Councilman
Johnson. All in favor, motion carried on
�� 4S 1
Kathry och, City Clerk
13
0
r
P19
MEMO
RANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Hendon, Community Development Director
FROM: Drew Alexander, Planner (»\
RE: Land Use Code Amendments — Ordinance No. 17, Series 2010 — Secon g
Sign Code
MEETING
DATE: September 27, 2010
SUMMARY:
Community Development (ComDev) has created a new version of the �ty Sign Co e. This
amended chapter of the Land Use Code intends to resolve longstanding
has experienced when dealing with signs and sign issuance. As mentioned in the previous Staff
memo, the two largest amendments are in regards to the signage allotment system and sandwich
board signs. Additional amendments have been made throughs and the e Sign
n Code ey with
those uses
focus on adding simplicity to the chapter, yet retaining
that can utilize signage.
Amending the language for sandwich board signs has proven to be a challenge. ComDev was
given direction by Council to review the language that permits these signs and to return with a
number of new options. Staff has spent a great deal of time researchIngtead f cldes, spea ne
with sign designers, and discussing the issue with the community
strategy in the Ordinance (Exhibit B), Staff has created
d a h list of board options
igns for Council
mon relax review
d
(Exhibit E). These options range from allowing no
programs that simply involve enforcing the existing code.
In addition to Exhibit E, Staff has prepared a PowerPoint to provide visual representations of the
options. The Ordinance has certain areas where the font is colored red. This font is not intended
to display all amendments, but rather to indicate those areas i n o ig Cod
wher
ertat have
has two
experienced major additions or significant change. Finally,
direction is needed:
• What level of enforcement should be applied to sandwich board signs?
o Should there be a grace period?
• What is the course of action for all the existing signage that may be non - conforming once
a new Sign Code is adopted?
Staff recommends the Council adopt the proposed code amendments.
APPLICANT:
City of Aspen
P20
PREVIOUS ACTION:
The Planning and Zoning Commission approved Resolution No. 10, Series of 2010,
recommending approval for the proposed amendments to the Sign Code. Work sessions
have been held with CCLC, and ACRA. Community Development has hosted two open
houses at City Hall for those interested in the Sign Code draft.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Planning and Zoning
Commission shall recommend by Resolution the City Council to approve, approve with
conditions, or deny the application. City Council is the final review authority.
RECOMMENDATION:
Staff recommends the City Council approve the City- initiated amendments to the Sign
Code as described in Ordinance 17, Series of 2010.
CITY MANAGER COMMENTS:
•
RECOMMENDED MOTION:
"I move to approve Ordinance No. 17, Series of 2010."
ATTACHMENTS:
Exhibit A — Existing text for Sign Code (provided at First Reading)
Exhibit B — Proposed text for Sign Code, included in Ordinance No. 17, Series of 2010
Exhibit C — P &Z Resolution No 10, Series of 2010
Exhibit D — Research and meetings summary
Exhibit E — Sign Code options guide
Page 2 of 2
exH145 1 Ei P21
ORDINANCE NO. 17
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AP TROD AMENDMENTS O T FOLLOWING SECTION CITY OF CODE:
WHEREAS, the Community Development Director of eCityto As Chapter initiated 210;
an application proposing amendments to the Land Use Code, p P
and,
WHEREAS, the amendments requested relate to Section 26.510, Sign Code, 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, 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 6 - 0 vote, City Council adopt the proposed amendments.
WHEREAS, during a duly noticed public hearing on August 23, 2010, the City
Council took public testimony, considered pertinent recommendations from the
Community Development Director, referral agencies, Planning and Zoning Commission,
and considered the development proposal under the applicable provisions of the Municipal
Code as identified herein; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that.the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF '1'HL
CITY OF ASPEN, COLORADO, THAT:
Section 1:
City of Aspen City Council
_____ter 1-7 cAriesof2010
,,,‘)
P22
Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby
approves the amendments to Section 26.510, Sign, which section defines, describes,
authorizes, and regulates the process for placing a sign within the City of Aspen to read as
follows:
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 allotment
Sec. 26.510.060 Sign setback
Sec. 26.510.070 Sign illumination
Sec. 26.510.080 Sign lettering, logos and graphic designs
Sec. 26.510.090 Sign types and structural characteristics
Sec. 26.510.100 Zone District sign restrictions
Sec. 26.510.110 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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 2
P23
B. Promote and accomplish the goals, policies and objectives of the Aspen Area
Comprehensive Plan.
C. Enhance the attractiveness and economic well -being of the City as a place to live,
vacation and conduct business.
D. Address community needs relating to upgrading the quality of the tourist
experience, preserving the unique natural environment, preserving and enhancing
the high quality human existence, retaining the City's premier status in an
increasingly competitive resort market, preserving the historically and
architecturally unique character of the City, fostering the "village style" quality of
the City and preserving and enhancing scenic views.
E. Enable the identification of places of residence and business.
F. Allow for the communication of information necessary for the conduct of
commerce.
G. Encourage signs that are appropriate to the zone district in which they are located
and consistent with the category of use to which they pertain.
H. Permit signs that are compatible with their surroundings and aid orientation and
preclude placement in a manner that conceals or obstructs adjacent land uses or
signs.
1. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites. _
J reason bly necessary to identify a residential al 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.
26.510.020. APPLICABILITY AND SCOPE.
This Chapter shall apply to all signs of whatever nature and wherever
for locate en wi within the
City except for the Aspen Highlands Village PUD. Sign regulations P
Village PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall
be allowed except as permitted by this Chapter.
City of Aspen City Council
wr, 17 CP.ries of 2010
P24
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. Signs not requiring a permit. 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. Also, 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 gas -filled figures.
Temporary banners, pennants, streamers, balloons and inflatables shall be
permitted per Land Use Code Section (to be determined), Policies
regarding signage on public property. Non - permanent Streamers, pennants, and
balloons shall be permitted in association with a retail special event or sale of
limited duration not exceeding fourteen (14) days.
2. 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) clays 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 d instructional, or courtesy signs.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 4
e
P25
5. Fine art. Works of fine art which in no way identify or advertise a person,
product, service or business.
6. Flags. Flags, emblems and insignia of political or religious organizations
providing such flags, emblems and insignia are displayed for noncommercial
purposes.
7. Garage, estate, yard sale or auction signs. On -site or off -site signs which advertise
a private garage, estate, yard sale or auction provided such signs are displayed no
more than twice per year per residence for a period not to exceed three days. Sign
must be removed at the conclusion of the event.
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 designation. Signs placed on or in front of a historic building or site
identifying and providing information about a property listed on the Aspen
Inventory of Historic Landmark Sites and Structures or the National Register of
Historic Sites, which sign shall not exceed six (6) square feet in area, as approved
by the Historic Preservation Officer.
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.
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.
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.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 5
P26
14. Menu signs boxes. An exterior surface mounted or pole mounted sign box which
advertises and/or identifies a restaurant menu, drinks or foods offered or special
activities incidental to drink and food. One (1) sign per use, with an area not to
exceed four (4) square feet, with a height not to exceed the eave lines or parapet
wall of that portion of the principal building in which the use to which the sign
applies is located, and which is located on or in front of the building within which
the restaurant is located.
15. Movie theater and performance venue sins. 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. Pol - Signs. Political signs announcing political candidates seeking .. die
office, po 'tical parties or political and public issues shall be permitted • -: ided:
The tota - ea of all such signs on a lot does not exceed - ght (8) square
feet.
b. All such sign may b- - ected no sooner than s' (60) days in advance of
the election for which the ere made.
c. All such signs shall be removed -• later than seven (7) days after the
election for which they were •• • • e.
d. Political signs may • .e placed on publicly • ed property, rights -of-
way adjacent to ...licly owned property, or within t - ate Highway 82
traffic way ' uding the round -a -bout and traffic islands. • • • ical signs
carried t wom by a person are exempt from these limitations. ` a itical
s': may be placed in the public right -of -way adjacent to privately o -d
property.
17. Property management/Timeshare identification signs. A building may have one
sign with an area not exceeding two (2) square feet identifying the name and
phone number of a contact person or management entity for the property and
stating that it has been approved. Multi - Family buildings may have up to one (1)
sign per ten (10) residential units. A building that is approved for exempt
timesharing, pursuant to Section 26.590.030, Exempt timesharing, may have a
wall - mounted sign with an area not exceeding two (2) square feet, stating that it has
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 6
P27
been approved for timesharing and identifying the name and phone number of a
contact person or management entity for the property.
18. Public notices. Official government notices and legal notices.
19. Practical purpose 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 facade or
property frontage, as applicable.
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. Tyne. A real 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. 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. 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
f. Location - Real estate for sale or rent signs must be placed on private
property and not located on public property. Real estate signs placed m the
public right -of -way shall be subject to removal by the Engineering
Department.
21. Real estate photo boxes. Real estate offices may place descriptive images of
property that is currently for sale in storefront windows or on an exterior wall.
a. Area. Not to exceed 25% of the window surface area. Photo boxes not
placed in a window shall be limited to an area of six (6) square feet. Any
individual image with description shall not exceed one (I) square foot in
area.
22. Regulatory signs. Regulatory signs erected on private property, such as "no
trespassing," which do not exceed two (2) square feet and limited to one (1) per
building facade or property frontage, as applicable.
23. Religious symbols. Religious symbols located on a building or property used for
organized religious services.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 7
P28
24. Residential name and address signs. Detached residential dwelling units and
duplex 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. For mobile home parks, subdivision entrances, and multi-
family housing, see the requirements found in Section 26.510.100.A, Residential
Use Signs.
25. Street addresses on mailboxes.
26. Sandwich board signs carried by a person. Temporary sandwich board signs
which are carried by a person and are advertising or identifying a special, unique
or limited activity, service, product or sale of a limited duration or identifying a
restaurant menu. There shall not be more than one (1) such temporary sign per
use at any one time. Sign must not exceed six (6) square feet per side.
27. 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.
28. Temporary food vending signs. The food vending permit must include details of the
intended signage including size, material and location.
29. Temporary sale signs and going- out -of- business signs. Going- out -of- business
signs and temporary sale signs, announcing special sales of products and services,
shall be subject to the following:
a. Type. The sign(s) 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 sign(s)
in any window and a total of not more than three (3) temporary signs for
each use.
c. Area. Each temporary sign shall not exceed three (3) square feet.
d. Duration. Temporary 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. Vending 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
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 8
P29
and other similar information. Vending machine signs that are internally
illuminated must be located inside of a building or in a space that is not visible
from the public right -of -way.
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;
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 the
table under Sec. 26.510.100(D)
B. Permanent Banners and pennants used for commercial purposes not associated with
a special event approved by the Special Events Committee approval per Section
(to be determined).
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
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 9
P30
this Title and signs on benches, are prohibited, except as a temporary sign as provided for
in Section 26.510.030(B), Signs Not Requiring a Permit.
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 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 the table under Sec.
26.510.100(D).
L Roof signs.
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
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 10
P31
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,
including bicycles, 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.
P. Signs in public right -of way. A sign in, on, or above a public right -of -way that in any
way interferes with normal or emergency use of that right -of -way. Any sign allowed in a
public right -of -way may be ordered removed by the Community Development Director
upon notice if the normal or emergency use of that right -of -way is changed to require its
removal.
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 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.
S. Unsafe signs. Any sign which:
1. Is structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate maintenance or
dilapidation;
3. Is not kept in good repair;
4. Is capable of causing electrical shocks to persons likely to come into contact with
it;
5. In any other way obstructs the view of, may be confused with or purports to be an
official traffic sign, signal or device or any other official government regulatory or
informational sign;
6. Uses any words, phrases, symbols or characters implying the 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;
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 11
P32
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 26.510.050.C, 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, § 1)
C. Sign area. Sign area shall be the area of the smallest four -sided or circular geometric
figure which encompasses the facing of a sign including copy, insignia, background and
borders, provided that cut -out letter signs shall be considered wall signs and there
aggregate area shall be credited toward allowable sign area at one -half 0/2) the measured
area (see Figure 1 below).
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 12
r
P33
(Window)
A Z 0 Sae of i S
8' /r
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
0 0
2' S
1 0 0
• 10' •
2'
Sign Area = 6 sq. ft.
H •
4 3' ►
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 13
P34
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 .
_ Signs Sign in
11 located at proportion
—.0a. ,s. a a a. same height to building
F pNI 1 =1. 11•111 ii'
11 i n ill IilI ; III ,
mi
� nnna a•••• , ...1. --- maian. a
hii4 m IIIIIUI - .
11� = � ( al
Figure 3
Sign not covering Window signs not
architectural exceeding 25% of
feature window area
No
Undesirable Style consistency in Sign not
sign height proportional
- - to building
a 2 a a a
ilk(; i_ 1 I ,I 11, _4 __
l ip 0 ,___„-- [sr .,
Figure 4 Sign covering Window signs far
architectural more than 25% of
feature
window area
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 14
P35
E. Sign Allotment per business
a) Residential Use signage allotment shall be dependent upon the dwelling type and
whether or not the dwelling is being utilized as a bed and breakfast or home
occupation.
b) Arts, cultural, civic, and academic uses shall be allotted six (6) square feet of
signage per individual business frontage
c) Recreational uses shall be allotted six (6) square feet of signage per individual
business frontage
d) Restaurant and Retail uses shall be allotted six (6) square feet of signage per
individual business frontage.
e) Lodge uses shall be eligible for ten (10) square feet of signage allotment per
individual business frontage.
Office and Service uses shall be allotted six (6) square feet of signage per
individual business frontage. In buildings with four (4) or more tenants with an
Office or Service Use, the allotment shall be reduced to three (3) square feet of
signage per individual business frontage. .
g) Buildings that contain one (1) tenant on a lot of 27,000 square feet or more shall
be granted twenty (20) square feet of signage per applicable frontage. The
limitations for individual sign size shall match that of Lodge Use signs
(26.510.100.E).
h) Buildings with four (4) or more tenants (restaurant, retail, office, or service uses)
may create one (1) business directory sign for each street facing facade that grants
each tenant no more than one (1) square foot for the purposes of business
identification. The business directory sign shall not count towards the signage
allotment for the individual tenants. The maximum area for any business
directory sign shall be ten (10) square feet
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.
Businesses with articulating facades along one elevation shall combine such facades to
receive one signage allotment.
26.510.060. SIGN SETBACK.
Signs are not subject to the setback requirements of the Zone District where they are
located.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 15
0„\
P36
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. Backlit signs are permitted,
provided that the following criteria are satisfied:
a) Signs shall be lit from a source mounted on the sign or on the wall behind the
proposed sign with a non - visible point - light- source. Emitted light shall not create
excess glare or light trespass on adjacent properties. The sign shall be made out of
a solid and non- transparent material.
B. Prohibited illumination. No sign shall be illuminated through the use of internal,
oscillating, flickering, rear (excluding permitted backlit illumination), variable color,
fluorescent illumination or neon or other gas tube illumination, except when used for
indirect illumination and in such a manner as to not be visible from the public right -of-
way.
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 ").
26.510.090. SIGN TYPES AND CHARACTERISTICS
A. Freestanding signs. Freestanding signs shall not be higher than the principal
building or fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet
above grade when located adjacent to a pedestrian way. Freestanding signs shall be made
primarily of wood, glass, metal, or stone.
B. Identification signs. Signs intended to identify 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.
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.
Projecting or hanging signs shall be made primarily out of wood, glass, metal, or stone.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 16
P37
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. Wall signs shall be made primarily out of
wood, glass, metal, or stone.
D. Awning Signs. No sign placed on an awning may project above, below, or off of an
awning. Awning signs may only be placed on awnings that meet the definition for
Awning in Section 26.104.100, Definitions.
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 contain a fixed message or 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 pedestrian malls. This does not
allow for signs aligned on edge with one another, thus creating a solid line of sandwich
board signs, unless the six (6) foot travel width must be maintained on both sides.
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 Community Development Director if the above criteria are not met or, or
if in the opinion of the Community Development Director, the sign creates a visual
nuisance. Sandwich board signs must also comply with those requirements found within
Section 26.510.090.D.
,1 III
�� ; CI I rl ■ ! =
` --
i:
Above: Freestanding Signs
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 17
P38
[ .1 C 1
z /1 I • - :- ,, , _
r ,
,, _ i ----”------------,
1):-} :
i
,
Above: Projecting Sign (left) and Hanging Sign (right)
Below: Awning Sign
Awning Slope Plane
Awning Side Plane Awning Skirt
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 18
P39
SEC. 26.510.100 SIGN RESTRICTIONS BY USE -TYPE
A. Residential uses. For all residential uses, only signs permitted under Section
26.510.030.B, Signs Not Requiring a Permit, 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 Maximum Height Comments
Signs Area (Sq. Ft.) of Freestanding
Signs
Identification 1 per multi- 20 5' The area of the sign
Sign (wall, family shall not exceed two
freestanding complex, (2) square feet per
or monument subdivision dwelling unit, and
sign) entrance, or shall not exceed a
mobile home total of 20 square
park feet.
Bed and 1 per street 6 per sign 6' Illumination
Breakfast frontage permitted, must be in
compliance with this
Chapter and
26.575.150
Home 1 per street 6 per sign 6' Illumination is
Occupation frontage permitted only when
it is identifying a
home occupation of
an emergency
service nature
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 19
P40
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, Signs Not Requiring a
Permit, and the following signs are permitted and then only if necessary and incidental to
a permitted or conditional use.
Type of Sign Sign Area (Sq. Maximum Comments
Number of Ft.) Height of
Signs Freestanding
Signs
Identification No more than Size of sign 6' Illumination permitted,
Sign one (1) cannot exceed unless in a residential
(freestanding, Freestanding six (6) sq. ft. zone.
wall, Sign per facade
projecting
sign, or No more than Size of sign n/a Sign must not go above
awning sign two (2) wall cannot exceed eave point Illumination
signs per six (6) sq. ft. permitted, unless in a
frontage residential zone.
No more than Size of sign n/a Sign must not go above
one (1) cannot exceed eave point Illumination
projecting or six (6) sq. ft. permitted, unless in a
hanging signs residential zone. Does
per frontage. not count towards sign
allotment.
Awning sign. Logos or icons n/a Illumination permitted.
1 per awning on awnings Counts towards sign
plane. cannot be Larger allotment. Lettering or
than I sq. ft. logos on awnings must
be arranged in a
consistent horizontal or
vertical band. Only one
band is permitted for
each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 20
P41
C. Recreational uses. For recreational uses, only signs permitted under Section
26.510.030.B, Signs Not Requiring a Permit, and the following signs are permitted and
then only if necessary and incidental to a permitted or conditional use.
Type of Sign Number of Sign Area (Sq. Maximum Height Comments
Signs Ft.) of Freestanding
Signs
Identification No more than Size of sign 6' Illumination
Sign one (I) cannot exceed permitted, unless in
(freestanding, freestanding six (6) sq. ft. a residential zone.
wall, sign per
projecting, or frontage
awning sign)
No more than Size of sign n/a Sign must not go
two (2) wall cannot exceed above eave point
signs per six (6) sq. ft. Illumination
frontage permitted, unless in
a residential zone.
No more than Size of sign n/a Sign must not go
one (1) cannot exceed above eave point
projecting or six (6) sq. ft. Illumination
hanging signs permitted, unless in
per frontage. a residential zone.
Does not count
towards sign
allotment.
Awning sign. Logos or icons on n/a Illumination
1 per awning awnings cannot permitted. Counts
plane. be larger than 1 towards sign
sq. ft. allotment.
Lettering or logos
on awnings must be
arranged in a
consistent
horizontal or
vertical band. Only
one band for each
awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 21
P42
D. Restaurant and Retail uses. Only signs permitted under Section 26.510.030.B, Signs
Not Requiring a Permit, 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 Area Maximum Height Comments
Signs (Sq. Ft.) of Freestanding
Signs
Identification Freestanding Size not to 6' Illumination
Sign sign. 1 per exceed six permitted.
(freestanding individual tenant (6) sq. ft.
, wall, building
projecting frontage.
/hanging,
window, or Wall sign. 2 per Size not to n/a Must not go above
awning sign) individual tenant exceed six eave point.
building (6) sq. ft.
frontage.
Projecting or Size not to n/a Sign must not go
hanging sign. 1 exceed six above eave point.
per individual (6) sq. ft. Illumination
tenant building permitted. Does not
frontage. count towards sign
allotment
Window sign. 1 Not to n/a Counts towards sign
per window. exceed 25% allotment. Not to
of window exceed 25% of
area. window
Awning sign. 1 Logos or n/a Illumination
per awning icons on permitted. Counts
plane. awnings towards sign
cannot be allotment. Lettering
larger than 1 or logos on awnings
sq. ft. must be arranged in a
consistent horizontal
or vertical band. Only
one band for each
awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 22
l , P43
Restaurant and Retail Use Signs Continued:
Type of Sign Number of Sign Area (Sq. Comments
Signs Ft.)
Sandwich 1 per business No more than six Must obtain permit. No dry erase. Only
Board Sign (6) sq. ft. per side permitted for retail and restaurant
businesses.
TO BE 1
1 be
DETERMINED tlCrl
ount
towards sign allotment. Sign must be
located adjacent to the parcel that contains
the business. Also see criteria under
26.510.090.F
Business No more than 1 sq. ft. of The portion of the directory sign used for
directory signs two (2) signage for each the associated business counts towards
business business using the that business's sign allotment, unless
directory signs directory sign. using the exemption found in
per lot. No directory sign 26.510.050.E.h, Sign Allotment per
shall exceed 10 business.
sq. ft.. in size.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 23
P44
E. Lodge uses. Only signs permitted under Section 26.510.030.B, Signs Not Requiring a
Permit, 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 Area Maximum Comments
Signs (Sq. Ft.) Height of
Freestanding
Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 2 per exceed ten
(freestanding, individual (10) sq. ft
wall, tenant building
projecting frontage.
/hanging,
window, or Wall sign. 2 Size not to n/a Sign must not go above eave
awning sign) per individual exceed ten point Illumination permitted.
tenant building (10) sq. ft.
frontage.
Projecting or Size not to n/a Sign must not go above eave
hanging sign. 2 exceed ten point Illumination permitted.
per individual (10) sq. ft. . One (1) projecting or
tenant building hanging sign per business
frontage. frontage shall be exempt
from counting towards sign
allotment.
Window sign. Not to n/a Counts towards sign
1 per window. exceed 25% allotment. Not to exceed
of window 25% of window
area
Awning sign. 1 Logos or n/a Illumination permitted.
per awning icons on Counts towards sign
plane. awnings allotment. Lettering or
cannot be logos on awnings must be
larger than 1 arranged in a consistent
sq. ft. horizontal or vertical band.
Only one band is permitted
for each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 24
P45
F. Office and Service uses. Only signs pennitted under Section 26.510.030.B, Signs Not
Requiring a Permit, and the following signs are permitted and then only if accessory and
incidental to a permitted or conditional use. As stated in Section 26.510.050(E) of this
Chapter, Office and Service uses shall be allotted six (6) square feet of signage per
individual business frontage. In buildings with four (4) or more tenants with an Office or
Service Use, the allotment shall be reduced to three (3) square feet of signage per
individual business frontage.
Type of Sign Number of Sign Area Maximum Height of Comments
Signs (Sq. Ft.) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 1 per exceed six (6)
(freestanding, individual tenant sq. ft
wall, projecting building frontage.
/hanging,
window, or
awning sign) Wall sign. 1 per Size not to n/a Sign must go above eave
individual tenant exceed six (6) point Illumination
building frontage. sq. ft. permitted.
Projecting or Size not to n/a Sign must not go above
hanging sign. 1 exceed six (6) eave point Illumination
per individual sq. ft. permitted.
tenant building
frontage.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment. Not to exceed
window area 25% of window
Awning sign. 1 Logos or icons n/a Illumination permitted.
per awning plane. on awnings Counts towards sign
cannot be allotment. Lettering or
larger than 1 logos on awnings must
sq. ft. be arranged in a
consistent horizontal or
vertical band. Only one
band is permitted for
each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 25
P46
Office and Service Use Signs Continued:
Type of Sign Number of Signs Sign Area (Sq. Ft.) Comments
Business directory No more than two 1 sq. ft. of signage The portion of the directory
signs (2) business for each business sign used for the associated
directory signs per using the directory business counts towards that
lot. sign. No directory business's sign allotment,
sign shall exceed 10 unless using the exemption
sq. ft. in size. found in 26.510.050.E.h,
Sign Allotment per business.
26.510.110. WINDOW DISPLAYS.
Window displays of merchandise and representations thereof are not subject to sign
regulations, sign square footage and do not require a sign permit. Window displays may
have minimal illumination which shall be directed inward towards the business so that
there is no contribution of light pollution to adjacent streets or properties. The following
types of illumination and signage are prohibited:
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.
3. Backlit or internally illuminated displays or graphics.
4. Window wraps
Interior signage placed in the immediate proximity of storefront windows and that is
clearly intended for pedestrians on the adjacent public right -of -way, shall be deducted
from the business's signage allotment. This type of signage shall include, but is not
limited to, special sale signs, names of products, official logos, and descriptions of
inventory.
Section 2:
A public hearing on the Ordinance was held on the 27 \ day of September, 2010, at 5:00
p.m. in Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 26
P47
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4: phrase, or portion of this ordinance is for any
If any section, subsection, sentence, clause, p po
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26 day of July, 2010.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this
day of , 2010.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
Approved as to form:
City Attorney
City of Aspen City Council
„_a:••.,.,na T■Tn 17 Series of 2010
P 48 £X H t f tt G
RESOLUTION NO. 10
(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 26210;
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,
WI EREAS, 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 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 (6 - 0) vote, City Council adopt the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.510, Signs, which
section defines, describes, authorizes, and regulates Signs within the City of Aspen to
read as follows:
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 1
3
P49
Chapter 26.510
SIGNS
Sec. 26.510.010 Purpose and scope
26.510.020 Applicability pe
Sea 26510.030 Procedure
for sign permit approval
Sec. 26.510.040 Prohibited signs •
Sec. 26310.050 Sign measurement and allotment
Sec. 26.510.060 Sign setback
Sec. 26.510.070 Sign illumination graphic designs
Sec. 26.510.080 Sign lettering, logos and gap
Sec. 26.510.090 Sign types and structural characteristics
Sec. 26.510.100 Zone District sign restrictions
Sec. 26.510.110 Window displays
26510.010. Purpose. and welfare through a
The purpose of this Chapter is to promote the public health, safety
comprehensive system of reasonable, effective, consistent, content - neutral and nondiscriminatory
sign standards and requirements.
Toward this end, the City Council fords that the City is an historic mountain resort community Tourists, in part, are attracted to the visual
that has traditionally depended on a tourist economy. act on the visual character and
quality and character of the City. Signage has a significant imp
quality of the City.
The proliferation of signs in the City would result in visual bllight na env ctiveness and Effective sign
co an image that is inconsistent with a high quality
orado
control has preserved and enhanced the visual character t t l r re e s o r t com an i Col nal
and other states. The City must compete with many
resort communities for tourism opportunities.
In order to preserve the CCity as
environment communiof in rwhich t
o live, vacation and conduct
business, a pleasing
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.
11 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 Commission
n
P50
market, preserving the historically and architecturally unique character of the City,
fostering the "village style" quality of the City and preserving and enhancing scenic
views.
E. Enable the identification of places of residence and business.
F. Allow for the communication of information necessary for the conduct of commerce.
G. Encourage signs that are appropriate to the zone district in which they are located and
consistent with the category of use to which they pertain.
H. Permit signs that are compatible with their surroundings and aid orientation and preclude
placement in a manner that conceals or obstructs adjacent land uses or signs.
I. Preclude signs from conflicting with the principal permitted use of the site or adjoining
sites.
J. Curtail the size and number of signs and sign messages to the minimum reasonably
necessary to identify a residential or business location and the nature of any such
business.
K. 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)
26310.030. Procedure for sign permit approval.
A. Permit required It shall be unlawful to erect, place, construct, reconstruct or relocate any
sign without first obtaining a sign permit from the Chief Building Official. Ordinary preventive
maintenance including repainting of a lawfully existing sign, which does not involve a change of
placement, size, lighting, color or height is exempt from having to obtain a permit
B. Signs not requiring a permit. The following signs or sign activities shall be exempt from
obtaining a sign permit Exemptions shall not be construed as relieving the applicant and owner
of the sign from the responsibility of complying with all applicable provisions of this Title. The
exemption shall apply to the requirement for a sign permit under this Section.
1. Banners, pennants, streamers and balloons and other gas -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. 10, Series of 2010
Page 3
0
P51
permanent Streamers, pennants, and balloons shall be permitted in association with a
retail special event or sale of limited duration.
2. Construes S. 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 to te under thirty 3 0 Oda s pn signs may erected
Lion and shall
a period o not
w it within fourteen ( ) days P graphic design
be removed whi foen (14) days of termination of construction. A grap
painted on a construction barricade shall be permitted i addition tos.uch signs, p rovided
it does not identify or advertise a person, product,
3. notifications, ated vubli fications, and c rand openings s ca- Si be such on designated ed publpublic posting areas such
noti grand ningn be p
as the ACRA kiosk adjacent to the pedestrian mall.
4. Directional instructional or courts si . Signs, not exceeding one and one quarter
(1.25) square feet in area,
provide direction or instruction to guide persons to
facilities intended to serve the e public which p ublic 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. product,
5. Fine art. Works of fine art which in no way identify or advertise a person,
service or business. providing such
6. Flags. Flags, emblems and insignia of political or religious organizations p g
flags, emblems and insignia are displayed for noncommercial purposes.
which advertise a
7. Gana a estate et ��� sale or auc s. vvided s or off-site ch signs are displayed no more
private garage, ete, y days. Si must be
than twice per year per residence for a period not to exceed three day • ;pi
removed at the conclusion of the event. nonprofit civic
8. Gov s3 a. Signs placed or erected by governmental agencies or
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 ?na Signs placed on or in front of a historic building or site identifying
and providing information about a property listed on the Aspen Inventory of Historic
which sign
Landmark Sites and Structures as approved by the Historic Preservation
shall not exceed six square feet n area,
Officer.
Planning and Zoning Commission
Resolution No. l0, Series of 2010
P52
1 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.
13. Memorial signs. Memorial plaques or tablets, grave markers, statuary declaring names
of buildings and date of erection when cui 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 signs boxes. An exterior surface mounted or pole mounted sign box which
advertises and/or identifies a restaurant menu, drinks or foods offered or special
activities incidental to drink and food. One (1) sign per use, with an area not to exceed
four (4) square feet, with a height not to exceed the cave 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 Signs. 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 eight ( 8) square 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. 10, Series of 2010
Page 5
rte,
,4.)
P53
d. Political signs may not be placed on public property, rights - of-way adjacent to
public property, or within the State Highway 82 traffic way including the round -
a -bout and traffic islands. Political signs carried or worn by a person are exempt
from these limitations.
17. Pro rh managemen signs. A building may have rone number an
a reatnot exceeding i or
one (1) square foot identifying the name and p
management entity for the property. Multi - Family buildings may have up to one (1) sign
per ten (10) residential units.
18. Public t! Official government notices and legal notices.
19. Practical ouroose suns Practical signs erected on private property, y
such as lost lost celebrations, property
signs, cautionary or "beware" signs, wedding announcements, graduation
1
and other signs announcing a special events or functions which do not exceed two (2)
square feet and limited to one (I) pe r building facade or property frontage, as applicable.
20. Real estat for sale o r rent wean. Real estate e s ds advertising the sale or rental of the
property upon which the sign is located, provide&
Type_ A real 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. Ile fight. 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
f. Locati - Real estate for sale or rent signs must be placed on private property
and not located on public property or within the public right -of -way.
21. Reeul_0-s. Regulatory signs erected on private property, such as "no trespassing,"
which do not exceed two (2) square feet and limited to one (1) per building facade or
property frontage, as applicable.
22. u it io vrrtbols. Religious symbols located on a building or property used for
organized religious services. units,
23. Residential nam and address sue• Detached residential dwelling units, duplex
and multi - family residential dwelling units may have wall or freestanding signs on or in
front of the building or portion thereof to identify the street address and/or names of the
occupants or name of the dwelling unit_ The area of the sign is not to exceed two (2)
square feet per dwelling unit. If the sign is for a multi- family residential complex, the
total size of all signs shall not exceed twenty (20) square feet.
24. Street addresses on mailboxes.
Planning and Zoning Commission •
Resolution No. 10, Series of 2010
P54
25. Sandwich board signs carried by a person. Temporary sandwich board signs which are
carried by a person and are advertising or identifying a special, unique or limited
activity, service, product or sale of a limited duration or identifying a restaurant menu.
There shall not be more than one (I) such temporary sign per use at any one tune. 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 signs. A building that is approved for exempt timesharing,,
pursuant to Section 26590.030, Exempt timesharing, may have a wall- 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 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. Vending 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. Vending machine signs that are internally illuminated must be located
inside of a building or in a space that is not visible from the public right -of -way.
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;
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 7
P55
3. Proposed location of the sign on the building or parcel: es and line frontages
4. The dimensions, measurements and calculations of building 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. t has been
D. Determination of completeness. After a development application for a sign petmi
received, the Community Development Director shall determine whether the application nis
complete. If the Community Development Director determinee that
the application
The
complete, written notice shall be served on the app hdeficiencies. l unless the
Community Development Director shall take n further r ac nedn the appl e the Commun
deficiencies are remedied.
shall notify the app the application applicant of its completeness. A determination of
completeness ness s shall not Development Director h c not
co 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)
26310.040. Prohibited sign ressly prohibited for erection, construction, repair, alteration,
The following signs are e xpressly
relocation or placement in the City. paragraph
A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per
26.510.130.0.
B. Permanent Banners and pennants used for conunerciat purposes not associated with a
special event approved by the Special Events Committee approval per Subsection
26.510.030.8, ise signs, including
C Billboards and other off - premise signs. Billboards and other off -prern gn ,
security company signs which do not comply with the regulations set forth in Subsection
26.510.0403.20 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.
r
F. Neon and other gas filled light tubes. Neon
whh use for indirect i for d tton and o n
information and other gas -filled light tubes, except
such a manner as to not be directly exposed to public view.
G. Obsolete signs. A sign which identifies or advertises or sold on the pres product, pon which
or special event no longer produced, conducted, performed
Planning and Zoning Commission
Resolution No. 10, Series of 2010
P56
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) years in age or older.
H. Portable and wheeled signs except as allowed per Paragraph 26.510.130 D.Le.
L Roof signs.
.1 Search lights or beacons except as approved per Subsection 26.575.150.H, Outdoor
lighting, Exemptions.
£ 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 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.
P. Signs in public right -of way. A sign in, on, or above a public right-of-way that in any way
interferes with normal or emergency use of that right-of-way. Any sign allowed in a public right -
of -way may be ordered removed by the Community Development Director upon notice if the
normal or emergency use of that right-of-way is changed to require its removal.
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 structures and used to
attract attention for commercial purposes and strings of light bulbs used in any connection with
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 9
C
___.._......_... _ P57
commercial premises unless the lights shall be shielded and comply with Section 26.575.15
Outdoor lighting.
S. Unsafe signs. Any sign which:
1. Is structurally unsafe; inadequate maintenance or
2. Constitutes a hazard to safety or health by reason of
dilapidation;
3. Is not kept in good repair;
4. Is capable of causing electrical shocks to persons likely to come into contact wi t t he an
5. In any other way obstructs the view of, may be confused with or purports
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; c roadway from
7. Obstructs the view of vehicle operators or pedestrians nt r tg a u ublibli
any parking area, service drive, public driveway, alley
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 motorists clear view of an intersecting
road, alley or major driveway.
26510.050. Sign measurement, location and allotment
e
A. General. In calculating the area allowance for signsinall Zone D smend°signs I shall be
taken into account all signs allowed therein including
distinctive features and regional or national indications of approval of facilities. See Section
26.510.060.C, Sign Area for the method or m easuring signs.
e
B. Two or more faces. Where a sign has two or more faces, the area of all faces s ha ll to
included in determining the area of the sign, except where two such faces are placed
back and are at no point more than two feet from o area o another. the are the t le sign shall
if be
he taken o tw
as the area of the face if the O ° Noe10 -2005 § 1)
fac are of unequal area.
Planning and Zoning Commission
Resolution No. 10, Series of 2010
P58
C Sign area Sign area shall be the area of the smallest four -sided or circular geometric figure
which encompasses the facing of a sign including copy, insignia, background and borders.
/ S DZ! 1
V of � J h lS Sgjai
.
isy
Figure 1: Above: Window sign with cutout letters. (8' x 1') = 8 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. R total
O 0
2'
Szo 0
4 10' 0
2'
•
3
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 11
.� 3
P59
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.
Sign in
Desired Style Signs located proportion to
at same building
S - height
W Ini
Ilk IMAI MI 1�1 a�i ��P; I /l. Ill
11111111111.011111111111111 ► Inman M1 , -i s
• 1rrl t �� Ilks
Figure 3 Window signs not
Sign not crveriag exceeding 25% of
architectural feature window
No consistency Sign not
in sign height proportional
Undesirable Style to building G _
e t'
um; lami fir, so
1I IIIhUM
1111 III III IIIIItiIi uhI lI � S i\a F\
I t ce
r�•:�� r —
Sign covering Window signs far
Figure 4 architectural feature more than 25% of
window •
planning and Zoning Commission
Resolution No. 10, Series of 2010
T
P60
E. Sign Allotment per business
a) Residential uses shall be allotted six (6) square feet of signage per individual business
frontage.
b) Arts, cultural, civic, and academic uses shall be allotted six (6) square feet of signage per
individual business frontage
c) Recreational uses shall be allotted six (6) square feet of signage per individual business
frontage
d) Restaurant and Retail uses shall be allotted six (6) square feet of signage per individual
business frontage.
e) Lodge uses shall be eligible for ten (10) square feet of signage allotment per individual
frontage.
0 Office and Service uses shall be allotted one (1) square foot of signage per individual
business frontage.
g) 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. The limitations for individual
sign size shall match that of Lodge use signs.
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.
Businesses with articulating facades along one elevation shall combine such facades to receive
one signage allotment.
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, § 1)
26.510.070. Sign illumination
A. Allowed !Rumination. 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.
26510.080. 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)
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 13
r� 3
P61
26310.090. _ Sign types and characteristics
A. Freestanding signs. Freestanding signs shall not be higher than the principal building or
fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet above grade when
located adjacent to a pedestrian way.
B. Identification signs. Signs intended d ntif the name of a
Identification di isi n, mu le fi
residential complex, mobile home park, or ba
from the public right -0f - -way or private street.
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 EAVE POINT \ ','''
be a minimum of eight (8) feet above
grade when located adjacent to or
projecting over a pedestrian way 4 feet shall not extend more than four (4)
from the building wall to which they are -4
attached, except where such sign is an art oFeaPd •
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 Er
no sign part, including cut out letters, wawa shall project more than six (6) inches
from the building wall. (Ord. No. 10-
2005, § 1)
D. Awning Signs. No sign placed on an all.
awning may project above, below, or off
of an awning. Awning signs may only be
placed on awnings . that meet the Figure 5: Projecting Sign
definition for Awning in Section
26.104.100, Definitions. An awning ed pattern.
shall consist of a single color, or a vertical or horizontal bicolor strip p
E. Monument Signs. A sign which has a bottom that is permanently affixed to the ground, not a
building, shall
tsf that co . monument g
sign face must shall meet the use
be directly connected tothe bases of the
s eguiremedss for that type sign.
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
out of
of wood or metal and must have a professional Sand Sandwich Incorporated signs not be made zed as
chalkboard. Dry erase boards are prohibited.
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
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Pace 14
P62
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 curates a visual nuisance. Sandwich
board signs must also comply with those requirements found within Section 26.510.090.13.
Sec. 26310.100 Zone District sign restrictions
A. Residential uses. For all residential uses, only signs permitted under Section 26510.030.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
signs) 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 I 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.B
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 15
P63
B Arts, cultural civic, and academic roses. For all arts, cultural, civic, and academic uses,
e following
only temporary signs permitted under Section 2 an 6 d 1 tal to Exempt a permitted or c signs, and
use
signs are permitted and then only if' necessary permitted along the
(there shall be not more than two (2) freestanding, wall or projecting signs
lot frontage on any one (1) street, not to exceed a total of four (4) signs per lot):
Ft- Maximum Height Comments
Type of Sign Number of Sign Area (Sq. ) of Freestanding
Signs Signs
6' Illumination
Identification
Size of permitted, unless in a
Sign sign cannot
(freestanding,
exceed six residential zone.
wall, projecting (6) sq. ft
sign, or awning
sign
No more than Size of n/a Illumination
permitted unless in a
two (2) wall sign cannot
exceed six residential zone.
frontage signs per (6) sq ft. Must not go above
cave point.
Size of n/a Illumination
tw o (2) sign cannot more than permitted, unless in a
�
exceed six residential zone.
projecting or Must not go above
hanging signs (6) sq. ft' eave point
per frontage.
Awning sign. 1 Logos or icons on n/a Counts towards sign
allotment Letter size
per awning side awnings cannot be cannot exceed 6" in
larger than 1 sq. ft. height.
See Exempt Signs,
Si
Temporary
S 26.110.0303
gns
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Pave 16
P64
G Recreational uses. For recreational uses, only signs permitted under Section 26.510.030.8,
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) freestanding, wall or
projecting 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 Number of Sign Area (Sq. Ft) Maximum Height Comments
Signs of Freestanding
Signs
Identification No more than Size of 6' Illumination
Sign two (2) sign cannot permitted, unless in a
(freestanding, freestanding exceed six residential zone.
wall, signs per (6) sq. ft
projecting, or frontage
awning sign)
No more than Size of n/a Illumination
two (2) wall sign cannot permitted, unless in a
signs per exceed six residential zone.
frontage (6) sq. ft Must not go above
eave point
No more than Size of n/a Illumination
two (2) sign cannot permitted, unless in a
projecting or exceed six residential zone.
hanging signs (6) sq. It Must not go above
per frontage. eave point.
Awning sign. 1 Logos or icons on n/a Counts towards sign
per awning side awnings cannot be allotment Letter size
larger than 1 sq. ft cannot exceed 6" in
height.
Temporary See Exempt Signs,
Signs 26.110.0302
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 17
P65
D. Restaurant and Retail uses. For all Restaurant and Retail uses. There shall be no ms�d g
two (2) of the following three (3) types of signs per individual business frontag e
signs, projecting signs or wall signs, including diing s all s eg individually ut out letters. tt s. c obiusiness shall s with
have more than four (4) of the previously
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:
lViarimum Height of Comments
Type of Sign Number of Sign Area Si s
Signs
(Sq. Ft.) Freestanding �
Illumination permitted.
Size not to
Identification Freestanding exceed six (6)
Sign sign. 1 per
(freestanding, individual tenant sq. ft.
wall, projecting building frontage.
/ hangng. Must not go above eave
sandwich Wall sign. 2 per Size not to point.
boar window, individual tenant exceed six (6)
or awning sign) building frontage. sq. ft.
Illumination
permitted.
Illumination permitted.
Projecting i n Size not to Must not go above eave
hanging sign. 1 exceed six (6) point.
per individual sq. ft.
. tenant building
frontage.
Not to exceed Counts towards sign
Window sign. 1 allotment. Not to
per window. 25% of exceed 25% of window
window area.
nla Counts towards sign
Awn
ng ni n 1 Logos or icons allotment Letter size
per awning side. ca awnings cannot exceed 6" in
cannot be height.
Larger than 1
s- ft-
Planning an d Zoning Commission
Resolution No. 10, Series of 2010
Page 18
P66
•
Restaurant and Retail Use Signs Continued: .
Type of Sign Number of Sign Area (Sq. Ft) Comments
Signs
Sandwich 1 per business No more than six Must obtain permit No dry
Board Sign (6) sq. R per side erase. Only permitted for retail
and restaurant businesses with
no frontage parallel to the public
right -of -way or on an upper
level. 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 26.510.090.E
Business No more than For 1 to 5 businesses: One sq. The portion of the directory sign
directory signs one (1) business R of sign area per business used for the associated business
directory sign per counts towards that business's
lot sign allotment
For 6 to 10 businesses: Five sq.
ft. plus l/z sq. ft. for each
business over five businesses
For more than 10 businesses:
7' /: sq. ft plus' /. square foot
for each business over ten -
businesses, to a max sign area
of 10 sq. ft.
SiTemporary See Exempt Signs, 26.110.030.B
gns
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 19
3
1/4,..., _.._ _...
P67
E. Lodge uses. For all lodge uses: There shall be no more than three (3) of the following three
frontage: freestanding signs, projecting signs or wall
the
signs, types lu of signs per individual business t rs. No business shall have more than six (6)
signs, including wall signs with cut out letters.
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 Area Maximum Height of Comments
Signs (Sq. Ft.)
Freestanding Signs
Size not to Illumination permitted -
Identification Freestanding exceed ten
Sign sign. 2 per
(freestanding, individual tenant (10) sq. ft
wall, projecting building frontage.
fhanging, Illumination permitted.
window, or Wall sign. 2 per Size not to Must not go above eave
awning sign) individual tenant exceed ten point
building frontage. (10) sq. ft.
Size not to - Illumination permitted.
Pro
g Must not go above eave
hanging ng signn . 2 exceed ten point
per individual (10) sq. ft.
tenant building
frontage.
IN Not to exceed n/a Counts towards sign
per window. sign. 1 allotment. Not to
per window. 25% of exceed 25% of window
window area
Logos or icons Counts towards sign
Awns Log allotment Letter size
ng
pe sign. 1 on awnings cannot exceed 6" in
per awning cannot be height
side larger than 1
sq- ft.
See Exempt Signs,
S � po 26. 110.03
Signs
planning and Zoning Commission
Resolution No. 10, Series of 2010
POOP 20
P68
F. Office and Service uses. For all Office and Service uses: There shall be no more than one (1)
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 (2) 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 Area Maximum Height of Comments
Signs (Sq. Ft.) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 1 per exceed one (1)
(freestanding, individual tenant sq. ft
wall, projecting building frontage.
/hanging,
window, or
awning sign) Wall sign. 1 per Size not to n/a Illumination permitted.
individual tenant exceed one (1) Must go above eave
building frontage. sq. ft. point
Projecting or Size not to nla Illumination permitted.
hanging sign. 1 exceed one (1) Must not go above nave
per individual sq. ft. point
tenant building
frontage.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment Not to
window area exceed 25% of window
Awning sign. 1 Logos or icons n/a Counts towards sign
per awning side on awnings allotment Letter size
cannot be cannot exceed 6" in
larger than 1 height.
sq -ft.
Tem p o rary See Exempt Signs,
Signs 26.110.030.B
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 21
P 6 9
26510.110. Window displays. regulations,
Window displays of merchandise and representations thereof are not subject to sign
sign square footage and do not require a sign permit. Window displays may have minimal
illumination which shall be directed inward towards the business so that there is i n o c n t ri be are
of light pollution to adjacent streets or properties. The following types
prohibited:
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.
3. Backlit or internally illuminated displays or graphics.
(Ord. Na. 10 - 2005, § 1)
Section 2:
A public hearing on the Resolution was held on the 4 day of May, 2010, at 4:30 p.m. in
the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where more than fifteen
(15) 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
1 44 day of , 2010.
Attest:
t ' 1 eze
II i 1 ` Stan Gibbs, Chair
Clerk
Approved as to form:
City Attorney -
Planning and Zoning Commission
Resolution No. 10, Series of 2010
n__.. 11
r �
P70 E cu ,s tT 1)
Sign Code Research and Meeting Summary
Correspondence and Research Report
Email Group and Community Input
• Heather Isberian
• Justin Barrow
• Mitch Osur
• Michael Levenberg
• Bradleylasicki
• Steve Fante
• Angie Marasco
• Krista (Grateful Deli)
• David Fleisher
• Erik Klanderud
• Ed Zane
Designer Input
• Gaard Moses
Other sign codes referenced
• DOLA (Department of Local Affairs)
• Jackson, Wyoming
• Telluride, CO
The following meetings were held throughout the process:
• CCLC Discussion — 3
• City Council Work Session —1
• Planning and Zoning Public Hearing — 3 (hearings)
• Community Development open houses — 2
• ACRA Board Meeting —1
Ea p71
SIGN CODE OPTIONS GUIDE
1.) SIGNAGE ALLOTMENT
U O IMO A: Per Business Si na a Allotment.
Pros: to explain and enforce
- Standardized methodology; very easy
- Applicant only has to by deal
Comith their eir business
- Less field time spent
- Uniform and orderly
Cons:
- Some larger tenant spaces will have a reduction in signage
- Some smaller tenant spaces will have an increase in available signage
O tion B: Si na a based c len h of business storefront
Pros:
- Easier to understand than current system
- Would correspond well with business size /storefront size
- Increased fairness to the large business
Cons:
Greater need for enforcement
- Relies on the applicant to submit accurate dimensions
Small businesses could have very little signage
- Odd commercial space configurations may create inequities
O tion C Si na a based on business size (square feet
Pros:
Easier to understand than current sy stem
- Signage would relate well to lease rates and /or business size
Cons: -
- Greatest need for enforcement square footage records
- Zoning officer would have to check
Some businesses may be granted too much /too little signage for a fair system
- Small businesses could have very little signage
- Businesses grow and contract over time
reN
P72
2.) AWNING SIGNS
n Option A: Signage allowed on all planes (faces) of the awning in horizontal or vertical
bands.
Pros:
- Greatest flexibility and least amount of zoning oversight
- More options for the applicant
Cons:
- Some may see this as too much signage on awnings
- Entire allotment could potentially be used on the awning
n O - ption B: Signage only allowed on sides and skirt
n O ption C: Signage only allowed on skirt
n . Option D: No signage on awnings
Awning
Slope
Plane
Side
Plane 13 clan
s ue"
Awning ✓.
skirt
P73
3.) SANDWICH BOARD SIGNS
Option A: No Sand Board Sig
O tion B Enforce the ex code Ian ua e
Pros: eliminated all the office use signs
- Significant reduction in amount of signs simply
- ' Minimal arguments of fairness in the business community
- Easily enforceable (if given direction to do so)
Cons:
- No language in regards to location
- No language in regards to signage placement
- Some may view this as still too many signs
- Staff feels existing language grants too much sq. footage per sign
Option C Specific Criteria
Pros:
- Significant reduction in amount of signs (could be good or bad)
- Moderate difficulty on enforcement
- Works for those businesses that are truly hard to locate
- Reduction in clutter
Cons:
- Locations become subjective immediately
- Will be arguments of fairness
- Too much room for interpretation
❑ n ti n• nir ectO Sig ns
Pros:
- Simple enforcement
- Reduction in clutter
Hard to locate businesses are easier to find
- Puts the burden on the landlord /property manager
Cons:
- Locations become subjective immediately
r
P74
❑ Option E: Special Permits
System can be used independently, or in addition to Options A, C, and D. System would be
regulated by Community Development. Permit would be issued after a certain fee is paid (fee
covers the cost of potentially enforcement).
Sxi/7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
/
/V R , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
Hodi S_��'- ��- "`'0e'� 7,2..' 'e „5:001)04 , 204 0
STATE OF COLORADO )
) ss.
County of Pitkin )
I, AIM: 'A a _ (name, please print)
being or rep esenting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty -two (22) inches wide and twenty -six r
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing N,
was continuously visible from the day of , 200 , to
1 .1 i I. ” u ding the date and time of the public hearing. A photograph of the posted
s' u •;. 1 ro dt n) is attached hereto.
Mailin_ of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
00%.00, 2. 1 .Q6t(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
I: • .. i hearing, notice was hand delivered or mailed by first class postage
±► " " U.S. mail to all owners of property within three hundred (300) feet of the
e ject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
. copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
0 T
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
__
Signa ure
The foregoing "Affidavit of Notice" was acknowledged before me this 23 day
of sAly 4S7 , 2011Q, by C-0 Al SCo./e
WITNESS MY HAND AND OFFICIAL SEAL
• N• I E l
CHAPTER 265 OF TIE LAND USE CODE. My commission expires: l
NOTICE IS on HEREBY
Mcodt DIVE p N e tm
will to veto . tie lore 1 he 201 1 0 et a �1 '
me on Mon yy m cefora t 30 S. Y NI V✓ I I"Jl �
meeting to beam at 5OOP v
City Courwil CAspeli • Cho Consitl �ryGommunity • vy
Galena St., • - 1 11
evelopment Dep i t ia ted amentl s ona Notary Public •`•
t Clays Land Use Code artmen reln to they .
for Signs, Chapter 26510. For fun lntormation
coContact munity Drew DevAlexander at the e99nmy of 461-237039.
meelnGo 8161 1.(0)
G
alena St, Asp n
d I d r®d.as °en.co.us
sDA I 1 d Chair
Aspen City Council ' ^ /
Published
hed0n As p , Times Weekl on August ',1, '�1 • ; `O � VV X ' i
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN) �bw�WOn 6OIp
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24- 65.5 -103.3
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Drew Alexander, Planner D
RE: Land Use Code Amendments — Ordinance No. 17, Series 2010 — Update
Sign Code
MEETING
DATE: August 23` 2010
SUMMARY:
Due to an issue with public noticing, Staff requests of Council to postpone Second Reading until
September 27` Although unfortunate, Staff will use this additional time to continue work on the
draft and further community outreach. In regards to the suggestions that were made on July 26
(First Reading), Staff would like to update Council on the following items:
• An additional open house was held on August 6 th .
• Other sign codes have been examined, including Jackson, WY and Telluride, CO.
• Staff has prepared a presentation for Council that includes visual representations of the
major changes included with this draft.
• As a supplement to the draft language, Staff will be providing several alternate options
for Council to review.
e-= a S7Z 7 /lc .' . rl-tek 2� (!ntt 2(.� e 2j 't ae ti, / v
c re_ t _to e l 0 it; l ("al, e
Regular Meeting Aspen City Council September 27, 2010
PROCLAMATION — H.B. 1017 — Aspen Affordable Housing Day 2
PITKIN COUNTY CLERK — Election Information 2
ICLEI AWARD 2
CITIZEN PARTICIPATION 2
COUNCILMEMBER COMMENTS 3
CONSENT CALENDAR 4
• Resolution #77, 2010 — Burlingame II Implementation Contracts - Architect,
Program Manager, Contractor at-risk; Engineer 5
• Minutes — August 4; September 13, 2010 5
ORDINANCE #17, SERIES OF 2010 — Code Amendment Signs 5
RESOLUTION #78, SERIES OF 2010 — Extension of Vested Rights Dancing Bear 8
1
n
Regular Meeting Aspen City Council September 27, 2010
Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Torre,
Skadron, Romero and Johnson present.
PROCLAMATION — H.B. 1017 — Aspen Affordable Housing Day
Mayor Ireland and Council thanked the following for helping to pass HB 10 -1017:
Housing Colorado, Colorado Coalition for the Homeless, Colorado Association of Homes
and Services for the Aging, Lutheran Advocacy Ministry of Colorado, AARP Colorado,
All Families Deserve a Chance Coalition, Voices for Justice, Colorado Counties Inc.,
Colorado Municipal League, Rep. Daniel Kagan, Sen. Betty Boyd, Rep. Paul
Weissmann, Rep. Terrance Carroll, Sen. Brandon Shaffer, Sen. Gail Schwartz, Rep.
Kathleen Curry, Aspen Mayor Mick Ireland, Pitkin County Attorney John Ely, APCHA
Counsel Tom Smith, Tim Belinski of Joseph Freed and Associates, and, most of all, the
Aspen Pitkin County Housing Authority and proclaimed September 27 as Aspen
Affordable Housing Day and presented the proclamation to Tom McCabe, housing
director.
PITKIN COUNTY CLERK — Election Information
Janice Vos- Caudill and Dwight Shellman, Pitkin County Clerk's Office, outlined that
October 4` is the last day to register to vote for the November election; that early voting
starts October 18 and the last date to early vote is October 29` Ms. Vos - Caudill noted
that residents can go to pitkinvotes.org to check their voter information. Ms. Vos - Caudill
stated it is important that elector's information is updated as that determines what
questions one votes on. There are also sample ballots online so people can be prepared at
the polls. Mail in ballots will be mailed out October 12` Shellman said people who will
be leaving before the ballot is ready and going to parts of the world where mail service is
difficult can vote a mail -in ballot in the office of the Pitkin County Clerk.
ICLEI AWARD
Lauren McDonnell, ZGreen program, told Council the city received an award for energy
efficiency innovation for small communities for the ZGreen program in Aspen. Ashley
Cantrell, environmental health department, presented Council with reusable water bottles
to promote Aspen water and t -shirts supporting ZGreen.
CITIZEN PARTICIPATION
1. Marilyn Marks noted there are 10 official write in candidates and if one votes for
any of these, they need to write in the name and fill in the oval for that office. Ms. Marks
encouraged Council to make sure the public has a process for formalized written feed
back for the AACP. Ms. Marks stated she is concerned that the ordinance regarding the
Given Institute is an emergency ordinance and that it may set a precedent for land use
matters. The community deserves to have a dialogue about this issue. Ms. Marks said
she would like the first reading of this ordinance made moot unless Council justifies it
was an emergency.
2
•
4. J
Regular Meeting Aspen City Council September 27, 2010
2. Toni Kronberg brought up the outside swimming pool at the ARC, which is not
one of Council's top ten goals. Ms. Kronberg asked how this project fits in with the
budget and the city's plans. Ms. Kronberg said the county has stated they are no longer
funding the recycle center and the city will have to pick up that expense or do away with
the recycle center. The county is working on implementing curbside recycling
throughout the county and the recycle center may become redundant. Ms. Kronberg
suggested a footprint at Burlingame for a gondola terminal station be included in the
planning. Ms. Kronberg asked why the city is allowing the Wienerstube to be
demolished when they recommended Sandy's and Bidwell buildings be recycled.
3. Bill Wiener proposed a canine Octoberfest for Aspen where people with different
dog breeds could bring them to the park and display them and suggested a dog food
company may sponsor this.
4. Emzy Veazy brought up a sales tax holiday like over Columbus Day holiday or
over Thanksgiving. Veazy presented articles from Beverly Hills about a zip code
celebration which Aspen could have 8/16/11.
5. Ross Cribbs reminded Council he appeared before them in June and since then
has followed appropriate channels in his request to create a small gallery from an interior
pedestrian corridor in a building in the commercial core. Chris Hendon, community
development department, said Council would have to have a work session to direct staff
to develop a code amendment to address this issue. Cribbs said his correspondence from
staff was that they were unprepared to recommend a work session and needed Council
direction. Council agreed to have staff schedule a work session to address this issue.
6. Blanca O'Leary brought up voter registration and the deadline next Monday,
October 4 and encouraged people to register if they are not. On Saturday at the
Farmer's Market there is a voter registration table. Ms. O'Leary said on Sunday in
Paepcke Park there is a voter registration and ice cream Democratic rally.
7. Bob Wade told Council snow fencing has been flown out of Independence Pass
and thanked Council for their support of Independence Pass Foundation. This is mostly
volunteer work done with a lot of different agencies.
COUNCILMEMBER COMMENTS
1. Councilman Romero brought up the work that has been done by Summit 54 to
support education in the elementary and middle schools levels. Summit 54 refers to the
number of 14ers in Colorado and is a symbol of leadership and serving a good example
for the youth and Tony Cain is a good example of giving back more than he takes.
2, Councilman Skadron said he attended a hockey game which included Red Wing
hockey players at the ARC and left with an appreciation for having a facility like the
ARC, which helps make Aspen a community and a place to have community events.
3
Regular Meeting Aspen City Council September 27, 2010
3. Councilman Torre congratulated the Aspen High School football team for a
winning homecoming game and said he attended the pep rally downtown and it, too,
reinforces the community and the support for school teams.
4. Councilman Torre said he feels a 40% voter turn out is abominable and would
like to encourage everyone to register and to vote in the upcoming election.
5. Mayor Ireland noted for the first time ever, Aspen High School is ranked number
1 in football.
6. Mayor Ireland reported he attended the Wapiyapi ride, a fund raiser for cancer.
Mayor Ireland said he thought the ride was moderately difficult and Denis Murray did the
ride in a hand cycle.
7. Mayor Ireland said there have been stories in the newspaper about a group of
citizens meeting to talk about the hydro plant; the city is not participating in these
meetings and hopes some accommodations can come out of this toward a solution.
8. Steve Barwick, City Manager, asked that the Given institute be added to the
agenda. Councilman Torre moved to add extending Ordinance #48 negotiations for the
Given Institute to the agenda as an action item; seconded by Councilman Johnson. All in
favor, motion carried.
9. Councilman Skadron reported he attended a CORE meeting last week and the
Department of Energy is about to issue a $4.9 million grant, the money coming as a result
of the energy smart program. The money will be managed through Eagle County and is
intended for 3 counties, including Pitkin County. The money will be used for staff, to
monitor and track the program, revolving bridge loads for energy improvements. The
CORE board discussed solar rebate recommendations for community solar farms; its
funding and its viability.
CONSENT CALENDAR
Councilman Torre said he would like to discuss Resolution #77, 2010, Burlingame
Implementation Contracts. Councilman Torre said he would like to know where the city
is with the Burlingame process, that the city has conducted innumerable meetings with
the public. Councilman Torre said this is the next phase of the delivery process and he
would like the community to be aware of this. Chris Everson, affordable housing project
manager, reported during the 2010 budget process, Council authorized funding for
Burlingame phase II integrated project delivery design. Council requested the contracts
be organized so that they could be phased in alignment with the integrated delivery
process. The initial contracts covered conceptual, criteria design and detailed design
phases. Since March 2010, the design team has been going through a public outreach
process available to everyone in the community. The evolution of the design process was
discussed. Everson noted the project is at 100% detail design and the next step is to go
4
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Regular Meeting Aspen City Council September 27, 2010
into the implementation documents or construction documents phase. Everson said the
$586,000 requested has already been budgeted and is not a change order.
Councilman Torre noted this project has been highly scrutinized by Council a number of
times. Council has looked many things, including the layout. Councilman Johnson asked
what are the next steps and the timing. Everson said November 23 there is a work
session to deliver the guaranteed maximum price proposal. The design team is working
on an application for P &Z which should be delivered in fall of this year. It will not be
before Council until the fall of 2011. The design team will also be working on
construction documents for the project. Everson said the schedule is early next year for a
fully designed facility that could be built when the time is appropriate.
Councilman Romero said the process has flexibility to focus on phase- ability of the
project with discrete points of stop and of start.
Councilman Torre moved to approve the consent calendar; seconded by Councilman
Skadron. The consent calendar is:
• Resolution #77, 2010 — Burlingame II Implementation Contracts - Architect,
Program Manager, Contractor at -risk; Engineer
• Minutes — August 4; September 13, 2010
All in favor, motion carried.
ORDINANCE #17, SERIES OF 2010 — Code Amendment Signs
Drew Alexander, community development department, pointed out the proposed changes
fall under exempt signs, prohibited signs, how to measure signs, placement, etc.
Alexander explained for several years staff has been struggling with the sign code which
in practice is hard to implement, and is overly complex in how signage is allotted to
businesses. Alexander told Council staff has been working on these changes since
September 2009 and has had meetings with CCLC, with P &Z, with ACRA board and
staff hosted two open houses. Alexander noted staff has kept the community updated by
e -mail with the proposed revisions. Staff also looked at other towns' sign codes and
talked to a long time local sign painter.
Alexander noted there are options with pros and cons. The first changes are proposed
signage allotment; option A is the current code and option B is a change to a business
based system rather than a building based system. There are exceptions for buildings
that occupy half a block or 27,000 square feet of lot area and they would get 20 square
feet of signage. Offices and service uses, depending on the number of tenants in a
building, 4 or more tenants operating under that use, the allotment would be 3 square feet.
A building could have a directory sign for 1 square foot of exempt signage for each of the
uses in the building.
5
Regular Meeting Aspen City Council September 27, 2010
There can be one projecting and hanging sign per facade without counting towards the
signage allotment, which is an additional 6 square feet of signage. Alexander said a
facade is the street facing element of a building; anything facing one -way on a building.
Alexander said there is a bonus for cut out signs; it is only counted at half its geometric
shape. Alexander noted this adds flexibility to the sign code to put the decisions in the
hands of the designer to maximize signage for a business. Alexander showed examples
of how this would work on a 15' store front. Alexander pointed out the current code
would allow one or several businesses to use up all the sign allotment leaving nothing for
businesses moving in.
Chris Bendon, community development department, said the proposed amendments are
more fair and simpler to administer. Alexander said option C would require looking at
the particular business space within a building. Alexander said Council could pick a new
option D with Tess restrictive numbers. Alexander told Council he visited 20 businesses
and measured their signage and for retail and restaurant are mostly at or slightly above 6'.
Mayor Ireland suggested "grandfathering" those businesses that are over the new 6'
regulations because there is not outrageous non - compliance. Alexander said that is an
option.
Mayor Ireland questioned including political yard signs which typically disappear after
an election. Mayor Ireland agreed these should not be in public rights -of -way. Bendon
agreed with eliminating the political sign regulations; it may be getting into free speech.
Mayor Ireland suggesting continuing the ordinance to have a grandfather provision added
to the ordinance and to have more discussion on political signs. Councilman Torre said
one of his goals was to allow more creativity downtown. Councilman Johnson said he
wants to be careful not to overburden small businesses having to do new signs or not
being able to have going out of business signs. Councilman Johnson suggested either
increasing the amount of square footage allowed or keeping it at 6' and increasing the
bonus allowed.
Councilman Skadron asked if there is one recommendation to Council from the citizens'
groups. Alexander said the 6' square feet was discussed; however, most of the
discussions centered around sandwich boards. Councilman Torre said many buildings
have restrictions on signs imposed by the landlord. Alexander said in his zoning reviews
for signs, many landlords are not involved with signage.
Alexander told Council awning signs were discussed at the P &Z level. There are 3
components to awning — slope, side and skirt. Option A would allow wording on plane
and skirt; logos on icons limited to 1 square feet. Lettering and logos are required in a
consistent horizontal or vertical bond, one band allowed per awning plane or skirt. The
existing size regulation is 18" for the first letter and 12" for all others. Option B would
not allow signage on the slope plane. Option C signage allowed only on skirt and Option
D no signage on awnings allowed. The current sign code is most similar to A without
language about consistency on the bands.
6
Regular Meeting Aspen City Council September 27, 2010
Alexander pointed out there are 5 options on sandwich board signs. The ordinance does
not contain a direction. Option A is no sandwich board signs. Alexander noted the
enforcement would be the easiest in this option; however some stores are difficult to
locate and need some directional signs. Option B is to enforce the existing sign code
which would result in a reduction of the existing sandwich boards. Bendon said this
option may not address the criticism of clutter of sandwich boards. Bendon said staff's
desire to easily comprehensible and enforceable sign code.
Alexander said option C has criteria for business to qualify for sandwich boards, like
businesses with no store front parallel to the adjacent right -of -way, upper level or
subgrade businesses with common access through a common entry way; businesses that
are obscured by buildings or other businesses. Option D would allow directory signs for
multi- tenant buildings a 3' square foot direction sign exempt from the signage allotment.
Another option would grant board signs for 1 week or certain time periods; these signs
would have stickers with the expiration date.
Angie Marasco, Tanya Gibb Gallery, on Hyman Mall on the comer of the alley noted
they have a challenging location and there are many sandwich boards in the area. Ms.
Marasco said she feels sandwich boards devalue the look of the mall; however, that may
not be fair for businesses that do not have a storefront location. Option C seems the
fairest option for all businesses. All the sandwich boards often set up a blockade across
the mall. Option C would require smaller signs. Stephan Isberian said generally the
town looks good. Isberian said the signage allotment is fair. Isberian said in this
economy, businesses need to do everything they can to get people pay attention to what is
there. Isberian said he likes the city going through this exercise and noted that
enforcement is important in what is acceptable and what is not.
Mayor Ireland said a large complaint is the way sandwich boards have been placed,
causing people to weave to avoid them. Isberian said he objects to 15 signs in store
windows announcing deals or going out of business. Justin Barrow questioned whether
most businesses are within the existing or proposed sign code. Barrow said there are a lot
of businesses that do not fit, like national retailers with posters in the windows — what is a
display and what is a sign. Barrow asked if buildings without an awning could have extra
sign space. Bendon pointed out it is measured whether it is on the awning or on the
window, you get the same square footage.
Bendon told Council staff could do more reconnaissance on existing businesses before
final adoption. Bendon said there could be a benchmark for businesses that have larger
than average square footage but not quite half a block. Bob Wade said he most favors
option C on the sandwich boards because there is too much clutter. Wade said the mall
feels like dodge ball rather than a pedestrian environment. Wade said he would not want
to see awning signs incentivized on buildings like the Elks building. Wade said option A
for sign allotment is good. Wade said it would be expensive for businesses to have to
change because of a new sign code.
7
Regular Meeting Aspen City Council September 27, 2010
Heather Isberian said she is concerned about enforcement of sign regulations, which is
currently a complaint based system. Ms. Isberian said she finds it difficult to complain
about other businesses. Ms. Isberian told Council being able to put signs out announcing
sales works and it would be difficult if these were limited to 4 or 6 weeks.
Mayor Ireland said Council favors option C for sandwich boards, more data on present
degree of compliance, and what grandfathering of signs would look like.
Councilman Romero moved to continue Ordinance #17, Series of 2010, to October 25;
seconded by Mayor Ireland. All in favor, motion carried.
RESOLUTION #78, SERIES OF 2010 — Extension of Vested Rights Dancing Bear
Councilman Romero recused himself. Mayor Ireland said his issue with extending vested
rights is that the property needs to be cleaned up and there has to be a point where this
project gets remediated if it does not work. Mayor Ireland said he would like extension
of vested rights conditioned on cleaning up the site and removing not needed equipment.
Jennifer Phelan, community development department, said this request is to extend
vested rights and the building permit approvals for 219 East Durant, Dancing Bear phase
II to June 2014. The approval is for 11 time share units, 21 keys and 2 on site affordable
housing units. The approvals expire on June 2011. This property is in receivership and
active litigation. Ms. Phelan said the applicants feel the extension of vested rights is
necessary to resolve those issues. Ms. Phelan noted there are recommended conditions of
approval. Staff requests within 30 days an amendment to the adoption of the subdivision
improvement agreement be approved. Most conditions have to do with site work to be
completed in the next 60 days.
Jean Colter, representing the receiver, said the city should consider requiring a more
permanent fence surrounding the site. Councilman Johnson said he would like to see
fencing that secures the site and looks nice visually. Ms. Colter committed to cleaning
up the site as well as to continual monitoring. Councilman Torre asked what the options
for this property are. Ms. Colter said one of the major issues preventing movement of the
project is litigation and bankruptcy proceedings with no clear owner of the property. The
trustees are charged with maintaining and protecting the property while the issues are
being resolved. Ms. Colter said the reason for 3 years is to have enough time to resolve
these issues and to have a known development. Councilman Torre asked if denying this
extension would give the city greater flexibility to see a new application. Jim True,
special counsel, opined it would not. Mayor Ireland noted this request would allow the
applicants to refinance in order to complete the project. Mayor Ireland said he would like
a condition added that the vested rights will take effect when the site is cleaned up and
fencing installed. Tom Todd, attomey for the receiver, said the receiver may not have the
authority to post bonds and he will research this.
Mayor Ireland moved to approve Resolution #78, Series of 2010, Extension of vested
rights for the Dancing Bear conditioned additionally upon vested rights taking effect
8
Regular Meeting Aspen City Council September 27, 2010
when the clean up and fencing is complete and a bond is posted for restoration of the
property or security acceptable to the city attorney shall be posted for remediation of the
property at the end of vesting; seconded by Councilman Johnson.
Mayor Ireland opened the public hearing.
Hugh Hatcher, 205 E. Durant, representing South Point condominiums, reminded
Council their building is right next to this construction site. Hatcher said he has met with
the receivers and agrees the most viable alternatives to getting this project underway by
2014 is to support this extension. Hatcher said their condominium association worked
with the developers on the approved plans and their issues were resolved in those plans
and they feel they have an investment in the approved plan.
Councilman Torre stated he is opposed, generally, to vested rights as an extension of
construction -based problems in the community. Councilman Torre questioned whether
this project was in the best interests of the community when originally approved and
now. Councilman Torre noted he likes the inclusion of financial assurances but feels
some or all of the 14 conditions should have already been worked out.
All in favor with the exception of Councilman Torre, motion carried.
Jim True, special counsel, reminded Council extending Ordinance #48 negotiations for
the Given Institute has been extended to October 25 and staff is requesting an extension
of that one more day to October 26 to match the demolition permit.
Councilman Johnson moved to extend Ordinance #48 negotiations for the Given Institute
to October 26; seconded by Councilman Torre. All in favor, motion carried.
Mayor Ireland moved to go into executive session at 8:00 p.m. pursuant to 24- 6- 402(4)(a)
The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property
interest and (b) Conferences with an attorney for the local public body for the purposes of
receiving legal advice on specific legal questions; seconded by Councilman Torre. All in
favor, motion carried.
Mayor Ireland moved to come out of executive session at 8:50 p.m.; seconded by
Councilman Torre. All in favor, motion carried.
Councilman Torre moved to adjoum at 8:50 p.m.; seconded by Councilman Johnson. All
in favor, motion carried.
AITILALIS Alt/
Kathryn ' Koch, ity Clerk
9
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Drew Alexander, Planner
RE: Land Use Code Amendments — Ordinance No.13 Series 2010 — First Reading
Sign Code
MEETING
DATE: July 26, 2010
SUMMARY:
Community Development (ComDev) has created a revised Sign Code that represents several
months of research and interaction with the community. These amendments were initiated by
ComDev, after years of dealing with a frustrating and unreasonable Sign Code.
The single largest change is to the signage allotment system. Currently, signage is distributed
based upon the size of the building the business is within. This is a suitable strategy until a
building with multiple tenants is involved. The idea is that the property manager will distribute
signage responsibly amongst the tenants and everyone will have their fair share. This ultimately
becomes an extremely difficult tracking process and mistakes frequently happen. The worst case
scenario is that a new business applies for a sign permit only to find out there is no signage
remaining for their building.
The draft Sign Code removes this system completely. In its place is a per- business signage
allotment system. For example, all retail and restaurant businesses would be granted an
individual and uniform amount of signage per facade. No longer will applicants be tasked with
measuring other tenants' signs, and no longer will the "no signage remaining" scenario arise.
The second major change to the Sign Code has to do with sandwich board signs. In 2009,
ComDev received a large amount of complaints and push -back from the community in regards to
sandwich board signs. The issue was discussed with CCLC, the Historic Preservation
Commission, and City Council. The consensus from these groups was to still allow sandwich
board signs, but to make the criteria much more stringent and easily enforceable. The draft Sign
Code presents a system that would trigger a significant reduction in the total number of sandwich
board signs in the City.
Throughout the amendment process, Staff has met with the ACRA Board, CCLC, and held an
open house for those interested in the changes. This public outreach strategy has been very
beneficial to the draft and several helpful ideas were gained from these meetings. ComDev has
created a Sign Code e -mail group that updates are sent to and feedback is always welcome.
Overall, the new Sign Code accomplishes the following:
• Simplifies the signage allotment system
�..
• Alters the sandwich board sign language
• Removes some redundancy and poor definitions
• Provides visuals that will assist both applicants and Staff
Staff recommends the Council adopt the proposed code amendments.
APPLICANT:
City of Aspen
PREVIOUS ACTION:
The Planning and Zoning Commission approved Resolution No. 10, Series of 2010,
recommending approval for the proposed amendments to the Sign Code. Work sessions
have been held with CCLC, ACRA, and various members of the community.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Planning and Zoning
Commission shall recommend by Resolution the City Council to approve, approve with
conditions, or deny the application. City Council is the final review authority.
RECOMMENDATION:
Staff recommends the City Council approve the City - initiated amendments to the Sign
Code as described in Ordinance ( Series of 2010.
CITY MANAGER COMMENTS: L
RECOMMENDED MOTION:
"I move to approve Ordinance No. (ySeries of 2010."
ATTACHMENTS:
Exhibit A — Existing text for Sign Code
Exhibit B — Proposed text for Sign Code, Included in Ordinance No. , eries of 2010
Exhibit C — P &Z Resolution No 10, Series of 2010
Page 2 of 2
X H1131T A
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
Sec. 26.510.060 Sign setback
Sec. 26.510.070 Sign illumination
Sec. 26.510.080 Sign lettering, logos and graphic designs
Sec. 26.510.090 Structural characteristics
Sec. 26.510.100 Nonconforming signs
Sec. 26.510.110 Signs on public right -of -way
Sec. 26.510.120 Temporary signs
Sec. 26.510.130 Zone District sign restrictions
Sec. 26.510.140 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.
E. Enable the identification of places of residence and business.
F. Allow for the communication of information necessary for the conduct of commerce.
G. Encourage signs that are appropriate to the zone district in which they are located and consistent with
the category of use to which they pertain.
H. Permit signs that are compatible with their surroundings and aid orientation and preclude placement
in a manner that conceals or obstructs adjacent land uses or signs.
I. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites.
J. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to
identify a residential or business location and the nature of any such business.
K. Establish sign size in relationship to the scale of the lot's street frontage and building's street frontage
along which the sign is to be placed.
L. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed and
maintained in a safe and satisfactory manner.
M. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper
placement, illumination, animation and excessive height, area and bulk of signs which compete for
the attention of pedestrian and vehicular traffic.
N. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists,
bicyclists or pedestrians. (Ord. No. 10 -2005, § 1)
26.510.020. Applicability and scope.
This Chapter shall apply to all signs of whatever nature and wherever located within the City except for
the Aspen Highlands Village PUD. Sign regulations for Aspen Highlands Village 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.
r~
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.
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.
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.
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 dwelling unit or duplex unit may
have mailbox or wall signs with an area not to exceed two (2) square feet to identify the street
address and the names of the occupants.
21. Security signs. Every parcel may display security signs not to exceed an area of six inches wide
by six inches long (6" x 6 "). Security signs may contain a message, logo or symbol alerting the
public to the presence of a security system on the premises. Security signs shall be of a neutral
color. Security signs may not be placed in the City right -of -way.
22. Timeshare identification signs. A building that is approved for exempt timesharing, pursuant to
Section 26.590.030, Exempt timesharing, shall have a wall- mounted sign with an area not
exceeding two (2) square feet, stating that it has been approved for timesharing and identifying the
name and phone number of a contact person or management entity for the property.
C. Application. A development application for a sign permit shall include the following information:
1. That information required on the form provided by the Community Development Director;
2. A letter of 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.
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 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 26.510.120,
Temporary signs.
C. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker,
vary in intensity, vary in color or use intermittent electrical pulsations except as permitted per Section
26.575.150, Outdoor lighting.
D. Moving signs. Signs with visible moving, revolving, rotating parts or visible mechanical movement
of any description or other apparent visible movement achieved by electrical, electronic or mechanical
means, including automatic electronically controlled copy changes.
E. Neon and other gas filled light tubes. Neon lights, televisions used for advertising or information
and other gas -filled light tubes, except when used for indirect illumination and in such a manner as to not
be directly exposed to public view.
F. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special
event no longer produced, conducted, performed or sold on the premises upon which such sign is located.
Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person
having the beneficial use of such sign within ten (10) days after written notification from the Community
Development Director and upon failure to comply with such notice within the time specified in such
order, the Community Development Director is hereby authorized to cause removal of such sign and any
expense incident thereto shall be paid by the owner of the property on which the sign was located. That
an obsolete sign is nonconforming shall not modify any of the requirements of this Subsection. Signs of
historical character shall not be subject to the provisions of this Section. For the purpose of this Section,
historical signs are defined to be those signs at least fifty (50) years in age or older.
G. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.1.e.
H. Roof signs.
1'
e..a
L Search lights or beacons except as approved per Subsection 26.575.150.H, Outdoor lighting,
Exemptions.
J. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any
public right -of -way, adjacent lot or building other than the building to which the sign may be accessory.
K. Signs containing untruthful or misleading information.
L. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which
presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy.
M. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of
egress, prevents free passage from one part of a roof to any other part, interferes with an opening required
for legal ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant.
N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a
public right -of -way, public property or private property so as to be visible from a public right -of -way
where the apparent purpose is to advertise a product, service or activity or direct people to a business or
activity located on the same or nearby property. However, this is not in any way intended to prohibit
signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is
incidental to the primary use of the vehicle or trailer.
O. Signs in public right -of way. A sign in, on, over or above a public right -of -way that in any way
interferes with normal or emergency use of that right -of -way. Any sign allowed in a public right -of -way
may be ordered removed by the Community Development Director upon notice if the normal or
emergency use of that right -of -way is changed to require its removal.
P. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract
attention for commercial purposes and strings of Tight bulbs used in any connection with commercial
premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor lighting.
Q. Unsafe signs. Any sign which:
1. Is structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation;
3. Is not kept in good repair;
4. Is capable of causing electrical shocks to persons likely to come into contact with it;
5. In any other way obstructs the view of, may be confused with or purports to be an official traffic
sign, signal or device or any other official government regulatory or informational sign;
6. Uses any words, phrases, symbols or characters implying the existence of danger or the need for
stopping or maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction for
vehicle operators or pedestrians;
7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any
parking area, service drive, public driveway, alley or other thoroughfare;
8. Is located on trees, rocks, light poles or utility poles, except where required by law; or
9. Is located so as to conflict with the clear and open view of devices placed by a public agency for
controlling traffic or which obstructs a motorist's clear view of an intersecting road, alley or
major driveway.
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 26.510.110.B,
Policies regarding signage on public property. (Ord. No. 55 -2000, § 13; Ord. No. 11 -2001, § 1; Ord. No.
10 -2005, § 1)
26.510.050. Sign measurement.
A. General. In calculating the area allowance for signs in all Zone Districts, there shall be taken into
account all signs allowed therein including window decals and signs identifying distinctive features and
regional or national indications of approval of facilities.
B. Sign area. Sign area shall be the area of the smallest geometric figure which encompasses the facing
of a sign including copy, insignia, background and borders, provided that cut -out letter signs shall be
considered wall signs and their aggregate area shall be credited toward allowable sign area at one -half (1/2)
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, § 1 )
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, § 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)
26.510.090. Structural characteristics.
The following limitations shall apply to all freestanding, projecting and wall signs:
A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (15)
feet, whichever is less and shall be a minimum of eight (8) feet above grade when located adjacent to a
pedestrian way.
B. Projecting signs. Projecting signs shall not be higher than the eave line or parapet wall of the top of
the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or
projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to
which they are attached, except where such sign is an integral part of an approved canopy or awning.
C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall of the top of the
principal building and no sign part, including cut out letters, shall project more than six (6) inches from
the building wall. (Ord. No. 10 -2005, § 1)
26.510.100. Nonconforming signs.
Nonconforming signs which were in existence on or before May 25, 1988, shall be discontinued on or
before November 25, 1988. (Ord. No. 10 -2005, § 1)
26.510.110. Signs on public right -of -way.
A. It shall be unlawful to erect or maintain any sign in, on, over or above any land or right -of -way or on
any property, including light posts, belonging to the City without the permission of the City Council or in
compliance with Subsection 26.510.110.B, Policies regarding signage on public property. However, this
Section shall not be deemed to apply to signs posted by any duly constituted public authorities in the
performance of their public duties or to specific circumstances otherwise provided for in this Chapter.
B. Policies regarding signage on public property.
I. 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 (0 signs on public buildings. These regulations shall be read in conjunction with this
Chapter and are not intended to supersede the regulations of signs as set forth therein.
Temporary signs and displays provide an important medium through which individuals may convey
a variety of noncommercial and commercial messages. However, left completely unregulated,
temporary signs and displays can become a threat to public safety as a traffic hazard and
detrimental to property values and the City's overall public welfare as an aesthetic nuisance. These
regulations are intended to supplement this Chapter and to assist City staff to implement the
regulations adopted by the City Council. These regulations are adopted to:
a. Balance the rights of individuals to convey their messages through temporary signs or
displays and the right of the public to be protected against unrestricted proliferation of
signs and displays;
b. Further the objectives of this Chapter, Signs; and
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.
b. Size/Number/Material: Only two signs per event/organization shall be permitted. Signs shall
not exceed ten square feet each and banners shall not exceed fifty square feet. Banners must
be made of nylon, plastic or similar type material. Paper signs and banners are prohibited.
c. Content: Signs authorized pursuant to this policy shall be limited to signs that advertise the
name, date, time and location of a special event for noncommercial purposes. The City
recognizes the success of special events often depends on commercial sponsorship.
Therefore, the City shall allow signs that contain the name of the applicant and/or 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. Cost/Fees/Procedures: Applicants shall be required to pay the necessary fees for approval
from the Special Events Committee. Any event not requiring review by the Special Events
Committee shall submit a sign plan to the Community Development Department for review
and approval for a fee as outlined in Chapter 2.12, Miscellaneous fee schedules, of this Code.
Applications must be received a minimum of thirty days prior to the event. The applicant
shall also submit a refundable security deposit as outlined in the current fee schedule to be
applied to any damages, repairs or the cost of removal if not corrected/removed by the
applicant within three days.
e. Eligibility: Signs authorized pursuant to this policy shall be limited to a special campaign,
drive, activity or event of a civic, philanthropic, educational or religious organization for
noncommercial purposes.
f. Duration: Temporary signs authorized pursuant to this 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 attractive manner, shall not
impede vehicular or pedestrian traffic and shall not pose a safety risk to the public.
h. Exceptions: Any exceptions from the above requirements shall require City Council review
and approval.
4. Banners and flags on Main Street light posts.
a. Purpose: Banners and flags hung from light posts on Main Street have traditionally been
permitted to celebrate very special events of community interest. The purpose of these
policies and regulations is to clarify which events may be celebrated and advertised through
the use of banners or flags hung from the City -owned light posts on Main Street. Banners
hung from the Main Street light posts shall be permitted for significant anniversaries
beginning at the organization's tenth (10th) year of local nonprofit organizations and for
prominent local, regional, state or national events. Prominent local, regional, state or national
events shall include recurring annual events or events that are considered significant to a
large segment of the community. The United States, Colorado, Aspen and foreign country
flags shall be permitted at the discretion of the City Manager, Mayor or City Council.
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 Tight posts. Banners and flags must be made of
nylon, plastic or similar material. Paper is not allowed.
c. Content: Banners shall only contain information identifying the event, the date and time or a
simple graphic /logo related to the event. Any commercial advertising shall be minimized so
that any commercial content is not the most prominent information conveyed on the banner
or flag and shall be limited to no more than thirty percent (30 %) of the area of the sign. The
City reserves the right to request changes to the design, color or content in order to assist the
applicant to comply with this requirement.
d. Cost/fees /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
26.510.110.B.4.a of local nonprofit organizations shall be eligible for consideration pursuant
to this policy. All other requests from other organizations or for other types of events shall be
forwarded to City Council.
f. Duration: The display of banners and flags on the Main Street light posts shall not exceed
fourteen (14) days or the duration of the event, whichever is less.
g. Maintenance: Prior to the placement of banners or flags on City street light posts, the
applicant shall provide to the City a number of replacement flags or banners to be determined
by the City. These replacement flags or banners shall be used by the City to replace banners
or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted
from the security deposit. Once banners have been removed, the applicant shall be required
to pick up the banners from the City within three (3) days.
h. Priority: Banner and flag applications shall be handled on a first come, first serve basis.
Applicants may be asked to alternate light posts with other organizations. The City reserves
the right to prioritize City - sponsored events over other applications.
i. Exceptions: Any exceptions from the above requirements shall require City Council review
and approval.
5. Signs in City parks related to special events in the City Park.
a. Purpose: Unattended signs are generally prohibited in City parks. Separate regulations apply
to temporary unattended signs placed in Paepcke Park (See below for those regulations.) The
purpose of this policy is to regulate unattended temporary signs that are permitted in limited
circumstances in City parks. The City recognizes that unattended temporary signs may be a
necessary element to many special events that are permitted in City parks in order to
communicate general information to the public and advertise services, products and offerings
as well as sponsorship of the special event. Accordingly, temporary unattended signs are
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/Fees/Procedures: Applicants shall be required to pay the necessary fees for approval
from the Special Events Committee. Any event not requiring review by the Special Events
Committee shall submit a sign plan to the Community Development Department for review
and approval for a fee as outlined in the current fee schedule. The applicant shall also submit
a refundable security deposit as outlined in the current fee ordinance to be applied to any
damages, repairs or the cost of removal if not corrected/removed by the applicant within three
(3) days. The applicant shall receive the necessary approval prior to the installation of any
signs. Applications must be received no later than thirty (30) days prior to the event.
e. Eligibility: Unattended temporary signs may be located in City parks only for the following
reasons: a special campaign, drive, activity or event for a civic, philanthropic, educational or
religious organization for noncommercial purposes for which a special event permit has been
obtained from the City. An exception to this regulation is six inch by thirty inch (6" x 30 ")
directional signs for commercial organizations using City parks.
f. Duration. Unattended temporary signs may be erected and maintained only for the duration
of the event or forty-eight (48) hours, whichever is less. All signs must be removed
immediately following the event.
g. Maintenance: All signs must be maintained in an attractive manner, shall not impede
vehicular or pedestrian traffic and shall not pose a safety risk to the public. A fifty dollar
($50.00) refundable security deposit will be required to insure compliance.
h. Exceptions: The Special Events Committee may grant exceptions to the size and number
regulations if deemed an appropriate location and/or event. Included in its evaluation, the
Special Events Committee shall consider if there is a demonstrable community benefit to the
event. The Special Events Committee, at its discretion, may send any requests for exceptions
to Subsection 26.510.110.B.5 to City Council for review and approval.
6. Unattended Temporary Signs in Paepcke Park.
a. Purpose: Unattended signs in public parks are prohibited with the exception to Paepcke Park.
The purpose of this policy is to regulate the placement of unattended temporary signs in
Paepcke Park that are civic, philanthropic, educational or religious in nature.
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 light posts or signs other than those hanging across Main Street at
Third Street.
b. Size /number /material: Banners must consist of the following specifications:
(1) Any type of durable material;
(2) Semi circular wind holes in banner;
(3) Metal rivets at all 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
located in the public right -of -way on public property (even by a nonprofit organization) is
prohibited per Subsection 26.510.120.C.2.
d. Cost/Fees/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 1 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, § 1)
26.510.120. Temporary signs.
A. General. No temporary sign is permitted within the City unless all other signs on the property upon
which the temporary sign is to be erected, placed or affixed and the temporary sign itself conforms to this
Chapter.
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:
1. Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the
property upon which the sign is located, subject to the following:
a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign.
b. Number. There shall be not more than one (1) temporary real estate for sale or rent sign per
unit.
c. Area. The area of the temporary sign shall not exceed three (3) square feet.
d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the
grade at the base of the sign.
e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or
rental of the real estate upon which the sign is located.
2. Temporary political signs. Temporary political signs announcing political candidates seeking
public office, political parties or political and public issues shall be permitted.
C. Nonresidential uses and nonresidential Zone Districts. For all nonresidential uses and
nonresidential Zone Districts, only the following temporary signs are permitted, in addition to the signs
permitted under Section 26.510.030, Procedure for sign permit approval and then only if accessory and
incidental to a permitted or conditional use:
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 26.510.110.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.
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 following:
a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign.
b. Number. There shall be not more than one (1) temporary real estate for sale or rent sign per
unit.
c. Area. The area of the temporary sign shall not exceed three (3) square feet.
d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the
grade at the base of the sign.
e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or
rental of the real estate upon which the sign is located. (Ord. No. 10 -2005, § I)
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 a multiple - 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. A multiple - 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.
�.s
c. Area.
(1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet.
(2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet.
(3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one
(1) street shall not exceed one (1) square foot of aggregate sign area for each three (3)
feet of lot line frontage occupied by or projected from the building within which the
principal use is conducted. The aggregate sign area permitted along the lot frontage on
any alley shall be computed as if the alley were a street. In no case shall the aggregate
sign area for any one (1) use on any one (1) frontage exceed twenty (20) square feet.
(4) Illumination. The sign may be illuminated except when located in a residential Zone
District.
C. Recreation club or open use recreation site uses. For all recreation club or open use recreation site
uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and
then only if necessary and incidental to a permitted or conditional use:
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:
1. 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.
r
b. Number. There shall be not more than a combination of two (2) of the following three (3)
types of signs: freestanding signs, projecting signs or wall signs, including a cut out letter
sign subject to the area requirements in Subparagraph 26.510.130.D.1.c. In addition, there
shall be no limit on the number of business and occupancy identification signs which may be
placed in the windows of the business; provided that said signs shall count against the
aggregate sign area permitted as if the window sign was a cut out letter sign. There shall also
be no limit on the number of awnings which may be lettered; provided that said signs shall
count against the aggregate sign area permitted as if the window sign was a cut out letter sign.
c. Area.
(1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet.
(2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet.
(3) Wall sign. The area of a wall sign shall not exceed ten (10) square feet.
(4) 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 (1) square foot of aggregate sign area for each three (3)
feet of lot line frontage occupied by or projected from the building within which the
principal use is conducted. The aggregate sign area permitted along the lot frontage on
any alley shall be computed as if the alley were a street. If there is more than one (I) use
or tenant within the principal building, then the aggregate sign area permitted for each
use or tenant within the building shall be that portion of the aggregate sign area as agreed
upon by the owners and occupants of the building. The Community Development
Director shall be notified of such agreement and the respective proportionate shares of
signage. In no case shall the aggregate sign area for any one (1) use on any one (1)
frontage exceed twenty (20) square feet.
d. Location. The business and occupancy identification signs shall be located on the business
being identified, unless the business does not have frontage at street grade. For such
businesses, one (1) sign may be located on the business being identified and the other sign
may be included in a business directory sign.
e. Portable and sandwich board signs. Portable and sandwich board signs shall be permitted in
the Commercial Core (CC) and Commercial (C -1) Zone Districts. Portable and sandwich
board signs are limited to retail and restaurant uses. Portable and sandwich board signs are
prohibited for office uses.
(1) Portable sandwich board signs are limited to nine (9) square feet in size and shall not
count in the aggregate sign area.
(2) Businesses are limited to one (1) sandwich board or portable sign per business.
(3) Portable sandwich board signs must be made primarily of wood or metal and must have a
professional finish.
(4) Insets must be chalkboard. Dry erase boards are prohibited.
(5) A six (6) foot travel width must be maintained on sidewalks and an eight (8) foot travel
width on the pedestrian malls.
(6) Sandwich board and portable signs are not permitted on rights -of -way or pedestrian malls
overnight.
(7) A separate sandwich board sign permit must be approved by the Zoning Officer and shall
meet the following requirements:
a. The Zoning Officer shall take into consideration safety issues with regards to the
placement of the sign.
b. The sign shall have a professional finish and be consistent with the community
character.
c. Permits for sandwich board signs shall be revocable by the Zoning Officer if the
above criteria are not met or, in the opinion of the Zoning Officer, the sign creates a
visual nuisance.
(8) Unless readopted by City Council on or before April 11, 2005, the provisions of Section
26.510.130, Procedure for sign permit approval and its Subsections (D)(5)(3) shall be
null and void.
2. Business directory signs.
a. Type. The business directory signs shall be wall signs or freestanding signs.
b. Number. There shall be not more than one (1) business directory sign per lot.
c. Area. The maximum permitted area of the business directory sign shall be as follows:
• For 1 to 5 businesses - - One square foot of sign area per business
• For 6 to 10 businesses- -Five square feet plus 1/2 square foot for each business
over five businesses.
• For more than 10 businesses- -7 1/2 square feet, plus '4 square foot for each
business over ten businesses, to a maximum sign area of 10 square feet.
(Ord. No. 10 -2005, § 1)
26.510.140. Window displays.
Window displays of merchandise and representations thereof are not subject to sign regulations, sign
square footage and do not require a sign permit, except the following are prohibited in window displays:
1. Televisions, computer monitors or other similar technological devices that create oscillating light.
2. Neon or other gas tube illumination, rope lighting or low - voltage strip lighting.
(Ord. No. 10 -2005, § 1)
`^ E...\14113 IT t3
ORDINANCE NO. 11---
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING 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, Sign Code, 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, 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 6 - 0 vote, City Council adopt the proposed amendments.
WHEREAS, during a duly noticed public hearing on August 23, 2010, the City
Council took public testimony, considered pertinent recommendations from the
Community Development Director, referral agencies, Planning and Zoning Commission,
and considered the development proposal under the applicable provisions of the Municipal
Code as identified herein; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
City of Aspen City Council
Ordinance No. , Series of 2010
Page 1
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Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby
approves the amendments to Section 26.470.060.7, Temporary Outdoor Food Vending,
which section defines, describes, authorizes, and regulates the process for establishing a
food vending cart within the City of Aspen to read as follows:
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 allotment
Sec. 26.510.060 Sign setback
Sec. 26.510.070 Sign illumination
Sec. 26.510.080 Sign lettering, logos and graphic designs
Sec. 26.510.090 Sign types and structural characteristics
Sec. 26.510.100 Zone District sign restrictions
Sec. 26.510.110 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.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 2
‘
C. Enhance the attractiveness and economic well -being of the City as a place to live,
vacation and conduct business.
D. Address community needs relating to upgrading the quality of the tourist experience,
preserving the unique natural environment, preserving and enhancing the high quality
human existence, retaining the City's premier status in an increasingly competitive resort
market, preserving the historically and architecturally unique character of the City,
fostering the "village style" quality of the City and preserving and enhancing scenic
views.
E. Enable the identification of places of residence and business.
F. Allow for the communication of information necessary for the conduct of commerce.
G. Encourage signs that are appropriate to the zone district in which they are located and
consistent with the category of use to which they pertain.
H. Permit signs that are compatible with their surroundings and aid orientation and preclude
placement in a manner that conceals or obstructs adjacent land uses or signs.
I. Preclude signs from conflicting with the principal permitted use of the site or adjoining
sites.
J. Curtail the size and number of signs and sign messages to the minimum reasonably
necessary to identify a residential or business location and the nature of any such
business.
K. 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 required. It shall be unlawful to erect, place, construct, reconstruct or relocate any
sign without first obtaining a sign permit from the Chief Building Official. Ordinary preventive
maintenance including repainting of a lawfully existing sign, which does not involve a change of
placement, size, lighting, color or height is exempt from having to obtain a permit.
B. Signs not requiring a permit The following signs or sign activities shall be exempt from
obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner
City of Aspen City Council
Ordinance No. , Series of 2010
Page 3
0
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 Land Use
Code Section , Policies regarding signage on public property. Non-
permanent Streamers, pennants, and balloons shall be permitted in association with a
retail special event or sale of limited duration.
2. Construction signs. One (1) freestanding or wall sign along each lot line frontage on a
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. Flags. Flags, emblems and insignia of political or religious organizations providing such
flags, emblems and insignia are displayed for noncommercial purposes.
7. Garage, estate, yard sale or auction signs. On -site or off -site signs which advertise a
private garage, estate, yard sale or auction provided such signs are displayed no more
than twice per year per residence for a period not to exceed three days. Sign must be
removed at the conclusion of the event.
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.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 4
9. Historic designation. Signs placed on or in front of a historic building or site identifying
and providing information about a property listed on the Aspen Inventory of Historic
Landmark Sites and Structures or the National Register of Historic Sites, which sign
shall not exceed six (6) square feet in area, as approved by the Historic Preservation
Officer.
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.
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.
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 signs boxes. An exterior surface mounted or pole mounted sign box which
advertises and/or identifies a restaurant menu, drinks or foods offered or special
activities incidental to drink and food. One (1) sign per use, with an area not to exceed
four (4) square feet, with a height not to exceed the eave lines or parapet wall of that
portion of the principal building in which the use to which the sign applies is located,
and which is located on or in front of the building within which the restaurant is located.
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 Signs. 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 eight (8) square feet.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 5
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) days after the election for
which they were made.
d. Political signs may not be placed on public property, rights -of -way adjacent to
public property, or within the State Highway 82 traffic way including the round -
a -bout and traffic islands. Political signs carried or worn by a person are exempt
from these limitations.
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. Official government notices and legal notices.
19. Practical purpose 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 facade or property frontage, as applicable.
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 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. 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. 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
f. Location - Real estate for sale or rent signs must be placed on private property
and not located on public property or within the public right -of -way.
21. Regulatory signs. Regulatory signs erected on private property, such as "no trespassing,"
which do not exceed two (2) square feet and limited to one (1) per building facade or
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)
• City of Aspen City Council
Ordinance No. , Series of 2010
Page 6
square feet per dwelling unit. If the sign is for a multi -family residential complex, the
total size of all signs shall not exceed twenty (20) square feet.
24. Street addresses on mailboxes.
25. Sandwich board signs carried by a person. Temporary sandwich board signs which are
carried by a person and are advertising or identifying a special, unique or limited
activity, service, product or sale of a limited duration or identifying a restaurant menu.
There shall not be more than one (1) such temporary sign per use at any one time. Sign
must not exceed six (6) square feet per side.
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 signs. A building that is approved for exempt timesharing,
pursuant to Section 26.590.030, Exempt timesharing, may have a wall - 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 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. Vending 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. Vending machine signs that are internally illuminated must be located
inside of a building or in a space that is not visible from the public right -of -way.
C. Application. A development application for a sign permit shall include the following
information:
City of Aspen City Council
Ordinance No. , Series of 2010
Page 7
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1. That information required on the form provided by the Community Development
Director;
2. A letter of consent from the owner of the building;
3. Proposed location of the sign on the building or parcel;
4. The dimensions, measurements and calculations of building frontages and line frontages
on 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 the table
under Sec. 26.510.100(D) .
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.B,
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 this Title and signs
on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.030(B),
Signs Not Requiring a Permit.
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.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 8
' a.+
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 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 the table under Sec. 26.510.100(D).
L. Roof signs.
.1 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 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.
P. Signs in public right -of way. A sign in, on, or above a public right -of -way that in any way
interferes with normal or emergency use of that right -of -way. Any sign allowed in a public right -
of -way may be ordered removed by the Community Development Director upon notice if the
normal or emergency use of that right -of -way is changed to require its removal.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 9
1-'
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 structures and used to
attract attention for commercial purposes and strings of Tight bulbs used in any connection with
commercial premises unless the lights shall be shielded and comply with Section 26.575.150,
Outdoor lighting.
S. Unsafe signs. Any sign which:
I. Is structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate maintenance or
dilapidation;
3. Is not kept in good repair;
4. Is capable of causing electrical shocks to persons likely to come into 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
26.510.050.C, 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, § 1)
C. Sign area. Sign area shall be the area of the smallest four -sided or circular geometric figure
which encompasses the facing of a sign including copy, insignia, background and borders,
City of Aspen City Council
Ordinance No. , Series of 2010
Page 10
provided that cut -out letter signs shall be considered wall signs and there aggregate area shall be
credited toward allowable sign area at one -half (1/2) the measured area.
(Window)
a of T Sgru
•
8' %/
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 0
2' S
0 0
• lo' ►
2'
•
3' ►
City of Aspen City Council
Ordinance No. , Series of 2010
Page 11
^.
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
Signs located Sign m
w , s n « h z tc ,� �_«, .- h + «, " at same proportion to
— 7--
height building
Rt ;IN Is Sil 4■!. -- _...
1I�i Ill, II � _
= t : - _ -- l sillb
■ 1 -1 1 t 1 " 1
t I 1 f 1
Figure 3 Window signs not
Sign not covering gn
architectural feature exceeding 25% of
window
No consistency
Undesirable Style in sign height Sign not
proportional
to building
�.� 11111 a siy arl ar i
1 II ICI; ICI I a L —
t 4
INA 1 SEIMN _
i1 0 � - 11
- t r=t
-a _
Figure 4 Sign covering Window signs far
architectural feature more than 25% of
window
E. Sign Allotment per business
a) Residential uses shall be allotted six (6) square feet of signage per individual business
frontage.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 12
b) Arts, cultural, civic, and academic uses shall be allotted six (6) square feet of signage per
individual business frontage
c) Recreational uses shall be allotted six (6) square feet of signage per individual business
frontage
d) Restaurant and Retail uses shall be allotted six (6) square feet of signage per individual
business frontage.
e) Lodge uses shall be eligible for ten (10) square feet of signage allotment per individual
frontage.
f) Office and Service uses shall be allotted six (6) square feet of signage per individual
business frontage. In buildings with three (3) or more tenants with an Office or Service
Use, the allotment shall be reduced to three (3) square feet of signage per individual
business frontage. These buildings with three (3) or more tenants may create a business
directory sign of no more than six (6) square feet that grants each tenant no more than
two (2) square feet for the purposes of business identification. The business directory
sign shall not count towards the signage allotment for the individual tenants.
g) 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. The limitations for individual
sign size shall match that of Lodge use signs.
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.
Businesses with articulating facades along one elevation shall combine such facades to receive
one signage allotment.
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, § 1)
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 motorises 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 (including cut -out letter signs with lighting attached behind the
letters), 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.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 13
r
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 types and characteristics
A. Freestanding signs. Freestanding signs shall not be higher than the principal building or
fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet above grade when
located adjacent to a pedestrian way.
B. Identification signs. Signs intended to identify 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.
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 EAVE POINT , Aid(
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 a'
the building wall to which they are afraF ; _ •
attached, except where such sign is an —
integral part of an approved canopy or -
awning. Projecting or hanging signs shall
be made primarily out of wood or metal.
C. Wall signs. Wall signs shall not be 113/41 —
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. Wall signs shall be made Figure 5: Projecting Sign
primarily out of wood or metal. (Ord. No.
10 -2005, § 1)
D. Awning Signs. No sign placed on an awning may project above, below, or off of an awning.
Awning signs may only be placed on awnings that meet the definition for Awning in Section
26.104.100, Definitions. An awning shall consist of a single color, or a vertical or horizontal
bicolor striped pattem.
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.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 14
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. This does not allow for signs aligned on edge with
one another, thus creating a solid line of sandwich board signs. 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, or if in the opinion of the Zoning Enforcement Officer, the sign
creates a visual nuisance. Sandwich board signs must also comply with those requirements
found within Section 26.510.090.D.
Sec. 26.510.100 Zone District sign restrictions
A. Residential uses. For all residential uses, only signs permitted under Section 26.510.030.B,
Signs Not Requiring a Permit, 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 I 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.B
City of Aspen City Council
Ordinance No. , Series of 2010
Page 15
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, Signs Not Requiring a Permit, 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) freestanding, wall or projecting 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 Number of Sign Area (Sq. Ft.) Maximum Height Comments
Signs of Freestanding
Signs
Identification Size of sign cannot 6' Illumination
Sign exceed six (6) sq. permitted, unless in a
(freestanding, ft. residential zone.
wall, projecting
sign, or awning
sign No more than Size of sign cannot n/a Illumination
two (2) wall exceed six (6) sq. permitted, unless in a
signs per ft. residential zone.
frontage Must not go above
eave point.
No more than Size of sign cannot n/a Illumination
two (2) exceed six (6) sq. permitted, unless in a
projecting or ft. residential zone.
hanging signs Must not go above
per frontage. eave point.
Awning sign. 1 Logos or icons on n/a Illumination
per awning side awnings cannot be permitted. Counts
larger than 1 sq. ft. towards sign
allotment.
•
Temporary See Exempt Signs,
Signs 26.110.030.B
C. Recreational uses. For recreational uses, only signs permitted under Section 26.510.030.B,
Signs Not Requiring a Permit, 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)
freestanding, wall or projecting signs permitted along the lot frontage on any one (1) street, not
to exceed a total of four (4) signs per lot):
City of Aspen City Council
Ordinance No. Series of 2010
Page 16
Type of Sign Number of Maximum Height Comments
Signs Sign Area (Sq. Ft.) of Freestanding
Signs
Identification No more than Size of sign 6' Illumination
Sign two (2) cannot exceed permitted, unless in a
(freestanding, freestanding six (6) sq. ft. residential zone.
wall, signs per
projecting, or frontage
awning sign)
No more than Size of sign n/a Illumination
two (2) wall cannot exceed permitted, unless in a
signs per six (6) sq. ft. residential zone.
frontage Must not go above
eave point.
No more than Size of sign n/a Illumination
two (2) cannot exceed permitted, unless in a
projecting or six (6) sq. ft. residential zone.
hanging signs Must not go above
per frontage. eave point.
Awning sign. 1 Logos or icons on n/a Illumination
per awning side awnings cannot be permitted. Counts
larger than 1 sq. ft. towards sign
allotment.
Temporary See Exempt Signs,
Signs 26.110.030.B
D. Restaurant and Retail uses. For all Restaurant and Retail 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.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 17
R. f
Only signs permitted under Section 26.510.030.B, Signs Not Requiring a Permit, 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 Area Maximum Height of Comments
Signs (Sq. Ft.) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 1 per exceed six (6)
(freestanding, individual tenant sq. ft.
wall, projecting building frontage.
/hanging,
sandwich
board, window, Wall sign. 2 per Size not to n/a Must not go above eave
or awning sign) individual tenant exceed six (6) point.
building frontage. sq. ft.
Illumination
permitted.
Projecting or Size not to n/a Illumination permitted.
hanging sign. 1 exceed six (6) Must not go above eave
per individual sq. ft. point. Does not count
tenant building towards sign allotment
frontage.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment. Not to
window area. exceed 25% of window
Awning sign. 1 Logos or icons n/a Illumination permitted.
per awning side. on awnings Counts towards sign
cannot be allotment.
larger than 1
sq. ft.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 18
Restaurant and Retail Use Signs Continued:
Type of Sign Number of Sign Area (Sq. Ft.) Comments
Signs
Sandwich 1 per business No more than six (6) sq. ft. per Must obtain permit. No dry
Board Sign side erase. Only permitted for retail
and restaurant businesses with
no frontage parallel to the public
right -of -way or on an upper
level. 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 26.510.090.F
Business No more than For 1 to 5 businesses: One sq. The portion of the directory sign
directory signs one (1) business ft. of sign area per business used for the associated business
directory sign per counts towards that business's
lot. sign allotment.
For 6 to 10 businesses: Five sq.
ft plush sq. ft. for each
business over five businesses
For more than 10 businesses:
7 %: sq. ft. plus Y< square foot
for each business over ten
businesses, to a max sign area
of 10 sq. ft.
Temporary See Exempt Signs, 26.110.030.8
Signs
City of Aspen City Council
Ordinance No. , Series of 2010
Page 19
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, Signs Not Requiring a Permit, 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 Area Maximum Height of Comments
Signs (Sq. Ft.) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 2 per exceed ten
(freestanding, individual tenant (10) sq. ft
wall, projecting building frontage.
/hanging,
window, or
awning sign) Wall sign. 2 per Size not to n/a Illumination permitted.
individual tenant exceed ten Must not go above eave
building frontage. (10) sq. ft. point.
Projecting or Size not to n/a Illumination permitted.
hanging sign. 2 exceed ten Must not go above eave
per individual (10) sq. ft. point. One (1)
tenant building projecting or hanging
frontage. sign per facade shall be
exempt from counting
towards sign allotment.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment. Not to
window area exceed 25% of window
Awning sign. 1 Logos or icons n/a Illumination permitted.
per awning side on awnings Counts towards sign
cannot be allotment.
larger than 1
sq. ft.
Temporary See Exempt Signs,
Signs 26.1I0.030.B
City of Aspen City Council
Ordinance No. , Series of 2010
Page 20
F. Office and Service uses. For all Office and Service uses: There shall be no more than one (I)
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 (2) of the previously listed signs, either individually or in combination.
Only signs permitted under Section 26.510.030.B, Signs Not Requiring a Permit, and the
following signs are permitted and then only if accessory and incidental to a permitted or
conditional use. As stated in Section 26.510.050(E) of this Chapter, Office and Service uses
shall be allotted six (6) square feet of signage per individual business frontage. In buildings with
three (3) or more tenants with an Office or Service Use, the allotment shall be reduced to three
(3) square feet of signage per individual business frontage. These buildings with three (3) or
more tenants may create a business directory sign that grants each tenant no more than one (1)
square foot for the purposes of business identification. The business directory sign shall not
count towards the signage allotment for the individual tenants. The maximum area for any
business directory sign shall be ten (10) square feet:
Type of Sign Number of Sign Area Maximum Height of Comments
Signs (Sq. Ft.) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 1 per exceed six (6)
(freestanding, individual tenant sq. ft
wall, projecting building frontage.
/hanging,
window, or
awning sign) Wall sign. 1 per Size not to n/a Illumination permitted.
individual tenant exceed six (6) Must go above eave
building frontage. sq. ft. point.
Projecting or Size not to n/a Illumination permitted.
hanging sign. 1 exceed six (6) Must not go above eave
per individual sq. ft. point. Does not count
tenant building towards sign allotment.
frontage.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment. Not to
window area exceed 25% of window
Awning sign. 1 Logos or icons n/a Illumination permitted.
per awning side on awnings Counts towards sign
cannot be allotment.
larger than 1
sq. ft.
City of Aspen City Council
Ordinance No. , Series of 2010
Page 21
26.510.110. Window displays.
Window displays of merchandise and representations thereof are not subject to sign regulations,
sign square footage and do not require a sign permit. Window displays may have minimal
illumination which shall be directed inward towards the business so that there is no contribution
of light pollution to adjacent streets or properties. The following types of illumination are
prohibited:
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.
3. Backlit or internally illuminated displays or graphics.
(Ord. No. 10 -2005, § 1)
Section 2:
A public hearing on the Ordinance was held on the 23` day of August, 2010, at 5:00 p.m.
in Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
{Signatures on following page)
City of Aspen City Council
Ordinance No. , Series of 2010
Page 22
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26 day of July, 2010.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this day of , 2010.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
City Attorney
City of Aspen City Council
Ordinance No. , Series of 2010
Page 23
bl izo
,r
RESOLUTION NO. 10
(SERIES OF 2010)
A RESOLUTION OF TILE 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, • 1 :I . _ • .1 , - .e• . 1 as .lications 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 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 ( 6 - 0) vote, City Council adopt the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.510, Signs, which
section defines, describes, authorizes, and regulates Signs within the City of Aspen to
read as follows:
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 1
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 allotment
Sec. 26.510.060 Sign setback
Sec. 26.510.070 Sign illumination
Sec. 26.510.080 Sign lettering, logos and graphic designs
Sec. 26.510.090 Sign types and structural characteristics
Sec. 26.510.100 Zone District sign restrictions
Sec. 26.510.110 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 fmds 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 conununities 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 Commission
Resolution No. 10, Series of 2010
Page 2
market, preserving the historically and architecturally unique character of the City,
fostering the "village style" quality of the City and preserving and enhancing scenic
views.
E. Enable the identification of places of residence and business.
F. Allow for the communication of information necessary for the conduct of commerce.
G. Encourage signs that are appropriate to the zone district in which they are located and
consistent with the category of use to which they pertain.
H. Permit signs that are compatible with their surroundings and aid orientation and preclude
placement in a manner that conceals or obstructs adjacent land uses or signs.
I. Preclude signs from conflicting with the principal permitted use of the site or adjoining
sites.
J. Curtail the size and number of signs and sign messages to the minimum reasonably
necessary to identify a residential or business location and the nature of any such
business.
K. 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 required It shall be unlawful to erect, place, construct, reconstruct or relocate any
sign without first obtaining a sign permit from the Chief Building Official. Ordinary preventive
maintenance including repainting of a lawfully existing sign, which does not involve a change of
placement, size, lighting, color or height is exempt from having to obtain a permit.
B. Signs not requiring a permit. The following signs or sign activities shall be exempt from
obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner
of the sign from the responsibility of complying with all applicable provisions of this Title. The
exemption shall apply to the requirement for a sign permit under this Section.
1. Banners, pennants, streamers and balloons and other gas -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. 10, Series of 2010
Page 3
•
permanent Streamers, pennants, and balloons shall be permitted in association with a
retail special event or sale of limited duration.
2. Construction signs. One (1) freestanding or wall sign along each lot line frontage on a
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
, .. - '., . ', truction to : ide .ersons 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. Flags. Flags, emblems and insignia of political or religious organizations providing such
flags, emblems and insignia are displayed for noncommercial purposes.
7. Garage, estate, yard sale or auction signs. On -site or off -site signs which advertise a
private garage, estate, yard sale or auction provided such signs are displayed no more
than twice per year per residence for a period not to exceed three days. Sign must be
removed at the conclusion of the event.
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 designation. Signs placed on or in front of a historic building or site identifying
and providing information about a property listed on the Aspen Inventory of Historic
Landmark Sites and Structures or the National Register of Historic Sites, which sign
shall not exceed six (6) square feet in area, as approved by the Historic Preservation
Officer.
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 4
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.
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.
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 natuie.
14. Menu signs boxes. An exterior surface mounted or pole mounted sign box which
advertises and/or identifies a restaurant menu, drinks or foods offered or special
activities incidental to drink and food. One (1) sign per use, with an area not to exceed
four (4) square feet, with a height not to exceed the eave lines or parapet wall of that
portion of the principal building in which the use to which the sign applies is located,
and which is located on or in front of the building within which the restaurant is located.
15. Movie theater and performance venue signs. Signs not to exceed thirty inches by forty-
two inches (30" x 42'5, 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 Signs. 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 eight (8) square 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. 10, Series of 2010
Page 5
d. Political signs may not be placed on public property, rights -of -way adjacent to
public property, or within the State Highway 82 traffic way including the round -
a -bout and traffic islands. Political signs carried or worn by a person are exempt
from these limitations.
17. Property management signs. A building may have one sign with an area not exceeding
one (I) 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. Official government notices and legal notices.
19. Practical purpose 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 facade or property frontage, as applicable.
20. Real estate for sale or rent sigp. 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 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. 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. 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
f. Location - Real estate for sale or rent signs must be placed on private property
and not located on public property or within the public right -of -way.
21. Regulatory signs. Regulatory signs erected on private property, such as "no trespassing,"
which do not exceed two (2) square feet and limited to one (1) per building facade or
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 for a multi - family residential complex, the
total size of all signs shall not exceed twenty (20) square feet.
24. Street addresses on mailboxes.
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 6
25. Sandwich board signs carried by a person. Temporary sandwich board signs which are
carried by a person and are advertising or identifying a special, unique or limited
activity, service, product or sale of a limited duration or identifying a restaurant menu.
There shall not be more than one (1) such temporary sign per use at any one time. Sign
must not exceed six (6) square feet per side.
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 signs. A building that is approved for exempt timesharing,
pursuant to Section 26.590.030, Exempt timesharing, may have a wall - 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 permit must include details of the
• 11
t 149• • • • 1 I . 1 • u , • • N .1 • :... ...
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. Vending 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. Vending machine signs that are internally illuminated must be located
inside of a building or in a space that is not visible from the public right -of -way.
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;
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 7
3. Proposed location of the sign on the building or parcel;
4. The dimensions, measurements and calculations of building frontages and line frontages
on streets and alleys; the dimensions of any other sign located on the property and any
other information needed to calculate permitted sign area, height, type, placement or
other requirements of these regulations.
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.B,
C. Billboards and other off signs. Billboards and other off - premise signs, including
security company signs which do not comply with the regulations set forth in Subsection
26.510.04033.20 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
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 8
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) years in age or older.
H. Portable and wheeled signs except as allowed per Paragraph 26.510.130.D.1.e.
1. Roof signs.
1 Search lights or beacons except as approved per Subsection 26.575.150.H, Outdoor
lighting, Exemptions.
R 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
arreccnry
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 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.
P. Signs in public right - of way. A sign in, on, or above a public right -of -way that in any way
interferes with normal or emergency use of that right -of -way. Any sign allowed in a public right -
of -way may be ordered removed by the Community Development Director upon notice if the
normal or emergency use of that right -of -way is changed to require its removal.
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 structures and used to
attract attention for commercial purposes and strings of light bulbs used in any connection with
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 9
■, I
commercial premises unless the Lights shall be shielded and comply with Section 26.575.150,
Outdoor lighting.
S. Unsafe signs. Any sign which:
1. Is structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate maintenance or
dilapidation;
3. Is not kept in good repair;
4. Is capable of causing electrical shocks to persons likely to come into contact with it;
5. In any other way obstructs the view of, may be confused with or purports to be an
official traffic sign, signal or device or any other official government regulatory or
informational sign;
6. Uses any words, phrases, symbols or characters implying the existence of danger or the
need for stopping or maneuvering of a motor vehicle or creates, in any other way, an
- l • • . • 1 1 • - 1 - s. s . 8 •:,. ! e1 •
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.C, 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, § 1)
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 10
C. Sign area. Sign area shall be the area of the smallest four -sided or circular geometric figure
which encompasses the facing of a sign including copy, insignia, background and borders.
o `� hp 0 . Size of _ os Sng1
8' :/,
Figure 1: Above: Window sign with cutout letters. (8' x 1') = 8 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
0 0
2'
Sllz! af Th s Sgri
0 0
• 10' ►
* 2'
•
4 3' ■
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 11
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 Sign in
Signs located
«c .. -• *. s. .s *r rt rt 4r • • at same proportion to
z height building
, .. a /�. a
It !irk i NB1 Si IJ' i
it t �Ii , 11 111 II —
almh� X11111 r �11 [ i. - i—
1111111111111 a I laa1_ = at -!
Figure 3 Window signs not
Sign not covering
architectural feature exceeding 25% of
window
No consistency
Undesirable Style in sign height Sign not
proportional
to building
a a /.�►� a gah-
'int at JIM 1 *i r[ _ 4
11 l �- t I�i ill ,I I. _. x -
---1 1 C
III 1 � --- 1il 1 r . 4
S�1 �I — t
< � , ,
Figure 4 Sign covering Window signs far
g architectural feature
more than 25% of
window
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 12
E. Sign Allotment per business
a) Residential uses shall be allotted six (6) square feet of signage per individual business
frontage.
b) Arts, cultural, civic, and academic uses shall be allotted six (6) square feet of signage per
individual business frontage
c) Recreational uses shall be allotted six (6) square feet of signage per individual business
frontage
d) Restaurant and Retail uses shall be allotted six (6) square feet of signage per individual
business frontage.
e) Lodge uses shall be eligible for ten (10) square feet of signage allotment per individual
frontage.
f) Office and Service uses shall be allotted one (1) square foot of signage per individual
business frontage.
g) 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. The limitations for individual
sign size shall match that of Lodge use signs.
Businesses that share occupancy of a single tenant space within a portion of a building shall •
s are a sign a o. en . .usmesses s • e occupancy, .0 h - •• . • 4- • • -
separation between uses, than each business shall have its own signage allotment.
Businesses with articulating facades along one elevation shall combine such facades to receive
one signage allotment.
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, § 1)
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 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)
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 13
r
26.510.090. _ Sign types and characteristics
A. Freestanding signs. Freestanding signs shall not be higher than the principal building or
fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet above grade when
located adjacent to a pedestrian way.
B. Identification signs. Signs intended to identify 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.
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 EAVE POINT --.
be a minimum of eight (8) feet above
grade when located adjacent to or 441111111
projecting over a pedestrian way and
shall not extend more than four (4) feet
from the building wall to which they are r 4'
attached, except where such sign is an =OF Astl
integral part of an approved canopy or
awning.
C. Wall signs. Wall signs shall not be
—
higher than the eave line or parapet wall 1
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, § I)
D. Awning Signs. No sign placed on an
awning may project above, below, or off
of an awning. Awning signs may only be
placed on awnings that meet the Figure 5: Projecting Sign
definition for Awning in Section
26.104.100, Definitions. An awning
shall consist of a single color, or a vertical or horizontal bicolor striped pattern.
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 fmish. 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.
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 14
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.
Sec. 26.510.100 Zone District sign restrictions
A. Residential uses. For all residential uses, only signs permitted under Section 26.510.030.B,
Exempt signs, and the following signs are permitted and then only if accessory and incidental to
a permitted or conditional use:
Type of Sign Number of Maximum Area Maximum Height of Comments
Signs (Sq. Ft.) Freestanding Signs
Identification 1 per multi- 10 5' Direct illumination
Sign (wall, family complex, only, fixtures must be
freestanding or subdivision shielded and in
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.B
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 15
a✓ s.
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) freestanding, wall or projecting 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 Number of Sign Area (Sq. Ft.) Maximum Height Comments
Signs of Freestanding
Signs
Identification Size of 6' Illumination
Sign sign cannot permitted, unless in a
(freestanding, exceed six residential zone.
wall, projecting (6) sq. ft.
sign, or awning
sign
No more than Size of n/a Illumination
twn (7) wall sign cannot permitted, unless in a
signs per exceed six residential zone.
frontage (6) sq. ft. Must not go above
eave point.
No more than Size of n/a Illumination
two (2) sign cannot permitted, unless in a
projecting or exceed six residential zone.
hanging signs (6) sq. ft. Must not go above
per frontage. eave point.
Awning sign. 1 Logos or icons on n/a Counts towards sign
per awning side awnings cannot be allotment. Letter size
larger than 1 sq. ft. cannot exceed 6" in
height.
Temporary See Exempt Signs,
Signs 26.110.030.B
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 16
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 two (2) freestanding, wall or
projecting 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 Number of Sign Area (Sq. Ft.) Maximum Height Comments
Signs of Freestanding
Signs
Identification No more than Size of 6' Illumination
Sign two (2) sign cannot permitted, unless in a
(freestanding, freestanding exceed six residential zone.
wall, signs per (6) sq. ft.
projecting, or frontage
awning sign)
No more than Size of n/a Illumination
two (2) wall sign cannot permitted, unless in a
signs per exceed six residential zone.
frontage (6) sq. ft. Must not go above
eave point.
No more than Size of n/a Illumination
two (2) sign cannot permitted, unless in a
projecting or exceed six residential zone.
hanging signs (6) sq. ft. Must not go above
per frontage. eave point.
Awning sign. 1 Logos or icons on n/a Counts towards sign
per awning side awnings cannot be allotment. Letter size
larger than 1 sq. ft. cannot exceed 6" in
height.
Temporary See Exempt Signs,
Signs 26.110.030.B
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 17
D. Restaurant and Retail uses. For all Restaurant and Retail 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 Number of Sign Area Maximum Height of Comments
Signs (Sq. Ft.) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 1 per exceed six (6)
(freestanding, individual tenant sq. ft.
wall, projecting building frontage.
/hanging,
sandwich
board, window, Wall sign. 2 per Size not to n/a Must not go above eave
or awning sign) individual tenant exceed six (6T point.
building frontage. sq. ft.
Illumination
permitted.
Projecting or Size not to n/a Illumination permitted.
hanging sign. 1 exceed six (6) Must not go above eave
per individual sq. ft. point.
tenant building
frontage.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment. Not to
window area. exceed 25% of window
•
Awning sign. 1 Logos or icons n/a Counts towards sign
per awning side. on awnings allotment. Letter size
cannot be cannot exceed 6" in
larger than 1 height.
sq. ft.
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 18
r.r+ tip+
Restaurant and Retail Use Signs Continued:
Type of Sign Number of Sign Area (Sq. Ft.) Comments
Signs
Sandwich 1 per business No more than six Must obtain permit. No dry
Board Sign (6) sq. ft. per side erase. Only permitted for retail
and restaurant businesses with
no frontage parallel to the public
right -of -way or on an upper
level. 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 26.510.090.F
Business No more than For 1 to 5 businesses: One sq. The portion of the directory sign
directory signs one (1) business ft. of sign area per business used for the associated business
directory sign per counts towards that business's
lot. sign allotment.
For 6 to 10 businesses: Five sq.
ft. plus 1 /2 sq. ft. for each
business over five businesses
For more than 10 businesses:
7 '/a sq. ft. plus ''A square foot
for each business over ten
businesses, to a max sign area
of 10 sq. ft.
Temporary See Exempt Signs, 26.1I0.030.B
Signs
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 19
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 Area Maximum Height of Comments
Signs (Sq. Ft.) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 2 per exceed ten
(freestanding, individual tenant (10) sq. ft
wall, projecting building frontage.
/hanging,
window, or
awnin ' si ) Wall sign. 2 per Size not to n/a Illumination permitted.
% ivi ua nan e exceed ten must not go above eave
building frontage. (10) sq. ft. point.
Projecting or Size not to n/a Illumination permitted.
hanging sign. 2 exceed ten Must not go above eave
per individual (10) sq. ft. point.
tenant building
frontage.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment. Not to
window area exceed 25% of window
Awni Logos or icons n/a Counts towards sign
ng sign. 1 on awnings allotment. Letter size
per awning cannot be cannot exceed 6" in
side larger than 1 height.
sq. ft.
Temporary See Exempt Signs,
Signs 26.110.030.B
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 20
F. Office and Service uses. For all Office and Service uses: There shall be no more than one (1)
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 (2) 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 Area Maximum Height of Comments
Signs (Sq. Ft.) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 1 per exceed one (1)
(freestanding, individual tenant sq. ft
wall, projecting building frontage.
/hanging,
window, or
awning sign) Wall sign. 1 per Size not to n/a Illumination permitted.
i It 0. - .1 "e. one • us go above eave
building frontage. sq. ft. point.
Projecting or Size not to n/a Illumination permitted.
hanging sign. 1 exceed one (1) Must not go above eave
per individual sq. ft. point.
tenant building
frontage.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment. Not to
window area exceed 25% of window
Awning sign. 1 Logos or icons n/a Counts towards sign
per awning side on awnings allotment. Letter size
cannot be cannot exceed 6" in
larger than 1 height.
sq. ft.
Temporary See Exempt Signs,
Signs 26.110.030.B
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 21
26.510.110. Window displays.
Window displays of merchandise and representations thereof are not subject to sign regulations,
sign square footage and do not require a sign permit. Window displays may have minimal
illumination which shall be directed inward towards the business so that there is no contribution
of light pollution to adjacent streets or properties. The following types of illumination are
prohibited:
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.
3. Backlit or internally illuminated displays or graphics.
(Ord. No. 10 -2005, § 1)
Section 2:
A public hearing on the Resolution was held on the 4 day of May, 2010, at 4:30 p.m. in
the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where more than fifteen
(15) 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 1 4 4 day of , 2010.
Attest:
1
ty Clerk Stan Gibbs, Chair
Approved as to form:
City Attorney
Planning and Zoning Commission
Resolution No. 10, Series of 2010
Page 22
City Planning & Zoning Meeting — Minutes — May 04, 2010
Comments 2
Conflicts of Interest 2
Code Amendments — Signs 2
Silverlining Ranch 91490 Ute Ave — Change in Use
1
City Planning & Zoning Meeting — Minutes — May 04, 2010
Stan Gibbs called the regular meeting in Sister Cities Meeting Room to order at
4:30pm. Brian Speck and Jim DeFrancia were excused. Commissioners present
were Bert Myrin, Jasmine Tygre, Mike Wampler, Cliff Weiss, LJ Erspamer and
Stan Gibbs. Staff in attendance were Jim True, Special Counsel; Drew Alexander,
Chris Bendon, Jennifer Phelan, Claude Salter, Community Development; Jackie
Lothian, Deputy City Clerk.
Comments
Bert Myrin asked for a board with the rules to follow and a map of the City. LJ
Erspamer found both for Bert. Myrin asked that the blueprints come in at 11" x
14" instead of the larger size. Jennifer Phelan replied that if the plats were 11" x
17" you might not be able to read them.
Chris Bendon noted a Thursday morning meeting for the Aspen Area Community
Plan and asked for a show of hands. Bendon introduced Claude Salter as the
Zoning Officer and worked as a plans examiner for the City up until a year ago and
she was rehired as the zoning officer.
Conflicts of Interest
Jasmine Tygre disclosed that she has worked in the past and will probably work in
the future for the listing broker of the Silver Lining property. Tygre said that she
was very familiar with the property and was on P &Z when it was first zoned.
Tygre said that she felt that she had strong feelings. Bendon said that the item was
being continued. Jim True said that she could recuse herself.
CONITNUED PUBLIC HEARING:
Miscellaneous Code Amendments
Stan Gibbs opened the continued public hearing. Drew Alexander explained that
in December they provided a power point of visual examples of the existing
conditions of signage; what types of signs are allowed, problems they have and
some very initial solutions. Alexander said there was a round table discussion on
the signage code and what things that P &Z would like to see amended with a lot of
great feedback from that discussion and it has shaped the sign draft even further.
Alexander said that they felt that they have had that big picture discussion; he will
go through this brief power point; there were 3 sections.
Alexander said the first topic was the signage allotment system in Aspen has
enforcement difficulties; it was a system that relied on landlords to manage the
signage allotment and all tenants in a building would have to share the certain
percentage. Alexander utilized power point to give 3 or 4 options for each topic.
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City Planning & Zoning Meeting — Minutes — May 04, 2010
This fist slide was to retain the existing aggregate; the outcomes would be
continued tracking difficulties; excess field time by the zoning officer. Alexander
said they sometimes come to the realization that they have no signage for a new
business but it's kind of a perfect world system.
Alexander said for Option B the language is in your packet for the draft sign code,
which grants 6 square feet of signage for every business and 10 square feet for a
lodge use. Wampler asked if the 6 feet was for the store. Alexander replied that
the 6 feet was per street facing business; each frontage that a building has would
get a separate 6 foot allotment. Chris Bendon stated the big change here was that
all of building tenants come on a first come first serve; first tenant in can take all
the signage and it wouldn't be fair to the rest of the businesses and right now the
landlord resolves all that but they don't and Community Development ends up
having those discussions. Bendon says this goes per tenant; you are a tenant you
get 6 square feet and if you have 2 facades you get 6 and 6. Cliff Weiss asked
what happens to non - street facing businesses, alley businesses, sub -grade
businesses, or above grade businesses. Alexander answered that typically when
they enforce signage for below grade businesses with the facade facing a street but
it is not visible from the street you still get that street facing allotment even though
the business is not directly on the street the business is still street facing and would
get that signage allotment for that street. Bendon said the idea was that nobody
gets less than 6 feet. LJ Erspamer asked about Peter Fornell's sub -grade spaces.
Alexander replied that they each get a 6 foot sign above their space and showed
what a 6 foot sign would look like.
Drew Alexander said the transparent or cut out letter signs are counted as half of
their area; so if you used cut out letters you get 12 feet if you put a box around the
sign. Gibbs asked if it because the cut out letters were hard to read. Alexander
replied that it was the transparency of the sign; you could still see the brick behind
it, the architectural feature. Weiss asked if he could do a one by six square feet.
Alexander said that Ute Mountain with the flowers and an ice axe would still have
to fit into the 6 square feet. Weiss said that he wanted this kept simple. Gibbs said
it reduces the judgment about it and the letter then morphs into a block letter and a
block letter becomes a solid; the simplicity would be to make it a box. LJ
Erspamer asked if every sign that was up now was grandfathered. Weiss noted
there were a lot of illegal signs now. Bendon in response to LJ's question they
would want to walk through that with the city attorneys. Wampler suggested a 3
year grace period and then they had to comply. Bendon said there were more
limitations on amortizations; a way to walk back out to the current code. Weiss
about signs like Kenichi that clearly violated the current sign code. Bendon
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City Planning & Zoning Meeting — Minutes — May 04, 2010
responded they gave Kenichi two options to come into compliance one was to
comply with the old sign code and the second was to comply with the new code; so
it's still up in the air.
Alexander said this was a far more simplified process and reduces the handholding
of the zoning officer; permits would be understandable by staff and the applicant.
More than likely it would be more restrictive than the current sign code to this new
draft there will be a total reduction in the amount of signs; a smaller business
would maybe get more signage. Bert Myrin said eliminating the building total
may cause a problem with more and more floors and the buildings are getting
bigger. Wampler said that in any big city you walk into the building Lobby and
there is your sign. Bendon said a way to handle that would be that offices get
smaller signs or a category for a building with "x" tenants everyone gets less.
Myrin said even the Elks Building had a sign for all of the offices. Wampler said
real estate offices were now on the second floor and you have the address and you
still have to walk into the building to see what floor they are located on. Weiss
suggested that when you have multiple offices that all the offices have to be on that
6 square foot sign. Erspamer agreed with Cliff but said maybe larger than 6 feet
and all have to fit on it. Weiss said make it fit 6 feet. Bendon summarized that one
business gets one 6 foot sign; offices get one 6 foot sign for all the offices in that
building list on the one sign. Gibbs said let's make sure that is reasonable for that
office building. Weiss said that the Wheeler was a good example of one big sign.
Alexander said the Wheeler has window signs and awning signs; there is a risk.
Weiss asked how many public amentias were there with the information kiosks.
Bendon stated that on page 25 they put in movie and theatre performance signs;
this allows you to put up movie theatre posters and that is different from a retail
space. Weiss asked if there was a number of these signs allowed, it says sign not
to exceed; how many can they put up. Bendon responded as many as you can put
up; you could relate it to the number of theatres that they have; it is a different type
of use. Weiss said that these were semi - permanent so he wasn't referring to
window signs where posters usually go; where do you see the sign that says
Wheeler Opera House. Bendon replied it was on an awning and the window
boxes. Weiss said he just wanted to make sure of this. Alexander stated that
buildings like the Jerome that contain one tenant and occupy half a block or more
shall be granted 20 square feet of signage per applicable frontage. Bendon stated
there was a lot of variability in how much sign allotment you can have; it was all
based on the building and there are some single tenant large buildings, City
Market, the Jerome and other large building, which is a fairly big change. Weiss
asked if City Market would be allowed to have a 20 square foot sign. Bendon
4
City Planning & Zoning Meeting — Minutes — Mav 04, 2010
replied that would be all their signs combined together. Alexander said that there
cannot be a 20 foot wall sign; that is capped at 6 feet. Alexander said you go to the
commercial sign menu. Weiss said that would fit in under the 6 and 10. Bendon
said that is where staff gets into this amortization of the replacement of an existing
sign. Gibbs said 20 square feet was the allotment for the whole building.
Alexander said there was a good example on page 37 of the staff memo; retain the
existing; propose the 6 square foot 10 square foot and special exceptions for half of
a block or more buildings.
Alexander said awning signs were currently allowed on any level and they do
count towards your allotment so if you invest a lot of your sign in your awnings
you will use up all of your signage allotments. Alexander said there were no color
restrictions; there is no sign limitation other than the signage allotment itself and
they can be on any level. Alexander said that Option B was the only major change
was the ability to do signs on second and third floors. Weiss said the concept of an
awning was to protect the sidewalk so it wasn't not whether it was on the first floor
or not; there was an exterior access to these businesses; there are some buildings
with setbacks on third floors that have awnings that are meant to protect from the
rain or whatever and he said that he doesn't really mind them what he minds is the
amount of graphics that they are allowed on these awnings that are everywhere;
they are so prolific that there was no point to walk under. Wampler said to keep
the sun out and Tygre agreed and Erspamer said the awning also keeps the 1N out.
Wampler said the Marcus Building on Durant with the going out of business signs
everywhere. Myrin said that building has awnings everywhere. Erspamer said the
ground floor has bigger awnings and they get smaller as you go up; you can see a
sequence and he thought that it made the building look good. Weiss said that he
had a real issue with these awnings; it's a grey area that he would go around for the
6 foot option. Bendon said in the option you can have awnings anywhere on your
building; you just can't have signage other than the first floor or ground floor.
Weiss said that any shrewd designer can see that all of your awnings are all of the
same color and then you have one sign where the letter are 12 inches tall and
stretch out 6 feet across one awning it still ties together all the awnings and you get
the impression that it is like whitespace in designing. Wampler asked if that was
bad. Myrin said that the letters were still restricted on that awning. Weiss
explained whitespace is the eye is drawn to the center and the whole thing ties
together; the eye sees the whole picture and it is red and jumps out at you and all
you can see that is a 40 foot long stripe and the eye is drawn to the one in the
middle with the letters on it. Weiss said that if enough businesses get hip to that;
you will get a lot of 40 foot awnings. Erspamer asked Cliff if he was against
awnings or the signage on the awning. Weiss replied that he was against the
5
City Planning & Zoning Meeting — Minutes — May 04, 2010
proliferation and quantity of awnings because if he were a retailer with a 6 foot
restriction so if he had any kind of street frontage he would go to awnings; he
would move to awnings because he could do just about anything. Erspamer said
the awnings are established outside the code from what P &Z was doing; is that
correct. Bendon replied that was correct. Erspamer asked if they were going to
discuss that issue but P &Z was going to discuss the writing or Lettering on
awnings. Bendon said that if the extent of awning was a problem then we can go
back and address those sections of the code or whatever we have to and it was a
valuable question; is it awnings and the proliferation of awnings or the signage.
Wampler asked if you could put awnings up if there were no windows. Weiss said
there were awnings without windows. Bendon said for there to be an awning there
had to be a window or door. Gibbs asked if there were awnings up how much
signage do we want to put on those awnings; what was the current. Alexander
replied that it all depends on the business subjective to where the business is
located and the building size. Wampler suggested using that Marcus Building and
the amount can those businesses put up. Bendon answered what we went with on
the last one, each business has 6 square feet and you can put up 4 feet on the door
and have 2 feet left. The commissioners agreed that no awning unless there was a
door or window. Jim True asked if it was a 6 foot aggregate what does matter if
it's a second or third floor. Weiss responded the reason was that it would look like
Manhattan. Weiss said that businesses look for visibility, drive by or walk by and
the higher up they are and the bigger the letters the further they can be seen.
Bendon asked the Commission if they had a view on awnings with lettering on
them on the second and higher floors. Tygre and Myrin said that they did not.
Gibbs said they still have an option if it's a retail knitting shop on the second floor
he said that person should be able to put up a 6 foot sign. Gibbs said that if he put
the sign on an awning it could be smaller than if he put a big sign over the door.
Erspamer voiced concern about signage everywhere; all of a sudden you have
signs on the walls; it just takes away the charm and character of a small city by
having signs everywhere. Weiss said that you are getting closer to a billboard
because you have such a big contiguous area of solid color. Tygre asked how
many windows are that big that the awning would fit over; how many 40 foot
windows do we have downtown. Erspamer replied he didn't think that there were
any on second floors. Gibbs reminded the commission that on second floors you
can't use the face of the awning; you can only use the edge of it. Weiss said let's
say that you've got a window that's 6 foot but what if you had another 6 foot
window and there is 2 feet in between do you allow the awning to go over both
windows. Tygre and Bendon replied no they had to be 2 separate awnings with the
maximum of 6 feet of signage for both awnings.
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City Planning & Zoning Meeting — Minutes — May 04, 2010
Bendon summarized you can have 6 square feet of signage either all of it on an
awning or a portion of it; an awning has to be over a door or a window. Bendon
said there were 4 in favor of that, 1 not and 1 so so. Erspamer asked where on the
awning is the sign located and he felt it should just be on that bottom hanging part,
not on the top with consistency throughout the town. Alexander said the think was
the higher up that your awning is the more it loses its impact for a sign and you
can't use the top and a business that may be on the second or third floor if they
don't use their awning for a sign they may use it in a different way; they may use a
blade sign or a wall sign instead of advertizing on whitespace way up on a high .
portion of the building. Alexander said by not allowing above where the awning is
visible you will be promoting blade signs, wall signs, window signs and
identification signs. Erspamer said the idea would be if you don't have that little
hanging flap at the bottom then you can put it up above; is that what you are
saying. Alexander said above ground level the awning sign itself doesn't become
as impactful as a ground level or garden level business. Weiss said the hypotenuse
of the triangle and there is nothing in the code that says that you couldn't have a 15
degree angle so you have a very tall awning; this only says the distance away from
the building at 3 to 5 feet; it doesn't say what the hypotenuse can do. Gibbs
replied that was true. Tygre asked Cliff if the lettering would be on the hypotenuse
rather than on the edge. Weiss said it was the unintended was what he was
worried about because he thought about the way he would do it for one of his
clients if he designed it; it's how he would approach it as code gets tight. Weiss
said they were looking for a big area of whitespace as we can even though he just
needs 12 inch lettering. Tygre said she thought that there was a difference because
LJ and she are thinking of an awning with a hanging flap and the lettering would
be on the hanging flap not on the hypotenuse; and Cliff is saying but people would
put it on the hypotenuse. Weiss said that they would because you can't put 12 inch
lettering on the flap; those flaps are generally less than 6 inches and have curly -
cues and things like that. Tygre said that's what makes them so cute. Weiss said
that he wasn't saying that you are wrong to do this. Alexander said the only letter
is the first letter that can be 18 inches of letter and the rest 12 inches. Bendon
asked if it would be more restrictive about this size of the lettering regardless of
whether it was on the flap or the hypotenuse. Weiss replied no; he thought that LJ
and Jasmine have a solution that is interesting to him because if he is stuck with
just putting it along the fringe then he will have a problem because he will have
much smaller lettering and it's not so easily seen from a great distance; now you
are giving people more of a reason to come down to street level or to something
than can be seen from the street rather than from way up high; way up high you
wouldn't see 4 inch lettering. Bendon said the traditional awning has the skirting
around it and the contemporary ones don't. Gibbs said the pitch of most buildings
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City Planning & Zoning Meeting — Minutes — May 04, 2010
is about 10 foot and the doors are about 6 foot so the only place an awning can go
is about 3 or 4 feet above it and go out 3 or 4 feet; there aren't a lot of angles that
would work on most buildings. Gibbs said that we didn't have buildings with
really tall facades that you could have the awning technically go all the way up to
the roof; he thought that maybe we were a little too concerned about this because
there weren't geometrically and realistically nobody builds an awning. Gibbs said
that we could have the definition of an awning and it has to be between 30 and 50
degrees at the angle of the top of the awning so 45 would probably be the optimum
anyway; then if you want to restrict how much signage there is; instead of putting a
6 foot square sign on the face of the awning because maybe they are at the first
floor level they can only put it on the flat. Weiss asked if they had a picture of
Marcus' building from across the street at the gondola plaza. Erspamer asked
Jasmine if the size of the flap needed to be limited. Tygre replied yes; you have an
awning and the awning must be over a window and can't stretch across 2 windows
and if there was lettering on it the lettering has to be on the flap and the flap can be
no larger than "x" and then you have ideally the people who want to do a nice
attractive small lettering on the flap that's fine; nobody gets to write on the
hypotenuse. Tygre said if they don't have a flap they don't get lettering. The
Commission agreed with Jasmine.
Bendon said that there should be a cap on the lettering on the awning; he said once
you start limiting the Lettering size that when the upper floor awnings become kind
of meaningless. Bendon said then you are attracted to the blade signs and wall
signs that are more effective. Weiss asked on the Marcus Building how large
would you allow the letters. Bendon answered the same everywhere; 6 inches.
Weiss said that he could go 12 inches up there. Wampler said a 12 inch flap was
too big and other commissioners agreed and a 6 inch flap was okay. Weiss said
that 6 inches was a deterrent because on the second floor 6 inches was barely
legible from the street.
Bendon said that maybe there was a different allotment for a graphic and 6 inches
for lettering. Weiss said that if you are trying to make a deterrent to people having
signage up high on awnings then you have to be restrictive with letter size because
if you give him no restriction on the letter size and it's just a square footage
allotment he will find a way to make that visible from the other side of town
especially when he is up high and especially if it is a building like the Marcus
Building where you are coming out of the Nell Hotel and all the businesses across
the street and that place can be seen from a lot of places, the gondola plaza; so he
would come up with something that you can read from city market. Bendon
summarized that it's part of your overall signage allotment, the awnings can be
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City Planning & Zoning Meeting — Minutes — May 04, 2010
anywhere over a window or door on any floor of a building, the lettering can be no
greater than 6 inches anywhere on the awning for below grade businesses. The
commissioner's agreed to this 5 -1 for the lettering anywhere on the awning.
Alexandra said that if you wanted color restrictions we could have very simple
awnings like one color or stripped with 2 colors but no reflective. Weiss said
another way around your design parameters was that if you have a very
recognizable logo and you could put that on in a number of places on a number of
awnings which can be seen from a tremendous distance and that's another way to
put more signage in more location by using the recognizable icon without the
lettering. Tygre responded that you still have the same total aggregate. Weiss said
you do but he was just giving all of the ways that they can play the game. Bendon
said if you were Ski Company and you wanted to use your leaf icon you could do 6
of them and now you are done. Weiss asked if lettering included graphics.
Bendon replied yes. Weiss said to keep that in mind when you write the language.
Tygre said you want to make it a total whether it was graphics or lettering and she
thought that was a very good point. Bendon said that you get 6 square feet and you
can put whatever you want in there. Myrin asked about the green glow from the
limelight sign that covers more than 6 square feet of the building; does that count
as their sign. Bendon replied it was exterior lighting. Myrin said the lighting
behind the sign draws attention to the commercial business there. Weiss asked if
Community Development was allowing exterior lighting on signs outside. Bendon
replied there was a whole exterior lighting code. Alexander stated the sign code
had lighting requirements in it; everything on that sign board facing down; there
could be a glow coming from the building and washing down but you can't have
anything going up.
Alexander said that sandwich board signs have been discussed and based on the
feedback they have drafted a different sandwich board sign section for the sign
code. The existing conditions for sandwich board signs with extremely part time
enforcement because everyone has them and any retail or restaurant can have them
but we find that offices are doing it and everyone along the pedestrian malls and
creates these messystreetscapes. Alexander said that the new language would only
allow sandwich board signs for businesses without direct or street level access.
There would be about 90% less sandwich board signs in the Commercial Core; the
sidewalks and pedestrian malls; the enforcement for the enforcement officer would
be easier. Alexander said that certain buildings like Fat City, Peter Fomell's
building; there may still be an abundance of signs in front of those types of
buildings. There were two different options that were to be discussed.
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Alexander said the second option was to allow sandwich boards with businesses
that were not perpendicular to the right of way or located on an upper level. An
example was the Marcus and that garden level portion there is sort of a horseshoe
pattern there were businesses that face into the courtyard, some of the businesses
face the street; what this language says that only those business that don't face the
street can have sandwich board signs or the businesses that are on any upper level
in town. Alexander said another example was the Zocalito alleyway and CB Paws;
those are not perpendicular to the right of way so they could have a sandwich
board sign even though they are not on an upper level.
Myrin asked the difference between B and C. Alexander said they just went
through C. Alexander said Option B anyone on the garden level in the Marcus
building could have a sandwich board sign and on an upper level as well and
anyone that doesn't have a direct access way off of. Bendon stated the Marcus
Building would look like it does today under B; one of the things that we have
talked about with sandwich boards was to allow them all; allow nothing and take
the program away entirely and that's kind of dominated the discussion. Bendon
said they were trying to provide some options that were in between that you would
see fewer sandwich board signs but are still in a very predictable and definable
way to do it. Myrin said the more restrictive one was C and he asked Chris if he
could get C through City Council. Alexander replied that they were in a reduction
in signs. Erspamer and Myrin supported C. Erspamer said the bike racks had to
come off of the sidewalks and put them on the streets. Wampler said that people
would quit riding bikes and put them back in their cars. The commission agreed
on Option C.
Wampler asked the size of a sandwich board. Alexander replied the current code
said 9 feet per side. Wampler said 9 feet was too big. Gibbs asked why it couldn't
it be 6 square feet. The commission agreed with 6 foot per side for sandwich
boards.
Weiss asked about a plastic case display case an inch thick as a sandwich board
sign for a yarn shop with yarn goods could then be seen on the street. Alexander
said that on page 33 of the packet there were sign types and structural
characteristics; "F" is portable sandwich board signs and they added the line
"sandwich board signs shall not be utilized as merchandise displays" ; so that sort
of kills that. Weiss asked about relief signage with 1 to 2 inches or limit to 2
dimensional and put that in or do want allow him to be creative to what extent.
Bendon responded his question was is that bad; Cliff described the yarn thing or
that there is a play. Weiss asked if he could use lights. Alexander replied that you
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City Planning & Zoning Meeting — Minutes — May 04, 2010
can and they have to be encased in rope lighting. Weiss asked what about a
speaker.
Erspamer asked if anyone wanted to talk about real estate signs; Josh Saslove
brought up smaller signs years ago. Erspamer said he liked the smaller sign they
looked more sophisticated. Alexander answered on page 46 of the memo and page
6 of the resolution addressed real estate signs. Bendon said that real estate signs
have not changed in size at 3 square feet. Myrin said let's add an "f' to #20
regarding no real estate signs in the public right of way. Jim True said that could
cause some problems because it was a content issue; he said that he wasn't sure
that you could do that; if you are CJ Paws you could have a sign in the right of way
but if you are a realtor you can't, that's content based and could be a problem.
Myrin said that Jim was saying in the west end you can't limit what's in the public
right of way. True responded that clearly you can limit what's in the public right
of way but not based on content; so if you say real estate signs are not okay but
some other sign is, that is where you have a problem. True said that you can
change it for areas; your regulation says you can have a sandwich board sign but
let's say there was a realtor facing the alley and the realtor could not have a
sandwich board sign. Myrin replied no these were the "for sale" signs like a
property on the west end; so if I can't put the "for sale " sign on his property and so
he can't put the sign in the public right of way. True said that you are not
supposed to put it in the public right of way. Myrin agreed; but say you build up to
the public right of way like the Dancing Bear; does that mean that they can't have
any real estate signs outside the Dancing Bear. True replied under that
circumstance they would have to be on the wall because it can't be on the right of
way. Myrin said that there were some real estate signs scattered in the right of
way. True said that he didn't think that those should be in the right of way.
Bendon said that the zoning officer's full time job would be pulling those signs
from the right of way. True said that was an enforcement issue but a person does
not have the right to put a sign in the right of way except for a few exceptions for
sandwich boards. Alexander said that they don't allow sandwich board signs for
offices anyway. True said that you can limit it to retail and not office use.
Bendon said that signs in the public right of way was covered on page 29 saying
that if it interferes with normal emergency use in that right of way and any sign in
the public right of way may be ordered removed by the City Director. Myrin asked
if that could be repeated in #20 so it would be clear. Bendon said to keep in mind
that even if you do this unless it's some really big problem it's not going to be a
huge priority the code enforcement officer; if Community Development had a
thicker budget and staff he would go after those signs. Myrin asked but this is in
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City Planning & Zoning Meeting — Minutes — May 04, 2010
the right of way. True said it was complaint orientated. Myrin reiterated that no
signs be placed in the right of way be included in #20 as "f'. Erspamer said that
they should not operate on complaints but consistently enforce to a reasonable
approach on things.
Weiss said that window signage was what he can't do on the building he'll do in
the building and what came to mind was the way Louie Vuitton put a back lit
mural transparency around Christmas time in the window and it was huge. Myrin
said that it wasn't back lit it was Christmas lights. Weiss said there was a picture
or photograph that was huge, full window size, it was 6 foot tall and a good 10 foot
long and it was back lit and it was inside setback from the window a foot or 2 and
it stretched the entire length of that shop's window. Weiss commented that when
City Market was in front of P &Z someone suggested that they put pictures of fruit
in the windows. Tygre thought that was a great idea. Bendon said it was his idea.
Bendon said the code prohibits back lit window displays or signs. Gibbs said that
a window display light can't be then put out of the sign and felt it was a light
pollution issue. Alexander asked if they would be comfortable if they worked
with the language and the lighting in the draft. Bendon said no back lit, no direct
lighting, the illumination of the window display being minimal.
Alexander said that the definition of a sign doesn't limit it to be exterior; it does
say that a window display is merchandise in representation. Weiss said that the 6
foot applies to the windows as well. Alexander replied that it technically should
but it is not one of those things that they get complaints about and enforce it. True
said they got the complaint the other day about the Denimax for sale sign and they
went to Municipal Court. Weiss said that if the sign code says that windows fit in
with the 6 foot sign limitation was that clear. Gibbs said that an exempt sign was a
sign within an interior of any building; that sounded like a window display sign to
him, that was #12 on page 5. Alexander said the sign violation was 20 square feet
stuck to the window. True said the judge enforced the order to have them take it
down. Weiss said it should be clearly stated in the code. Bendon said they would
be more explicit about it. Weiss stated that as the code gets more restrictive people
will get more creative. Wampler asked to give the enforcement officer some teeth
so they could "red tag" if not complied with in such amount of time and close
down the business. True said you "red tag" someone you still have to go to court
and get an order to do something. Wampler asked if you could just leave them
"red tagged." True responded that "red tagging" and closing the doors were 2
different issues. Wampler asked if you could put the power in to close the doors.
True replied not without a court order. Bendon said 99% of any enforcement issue
has ended in a phone call and the next 99% with a visit to the store and the
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City Planning & Zoning Meeting — Minutes — May 04, 2010
remaining 1% that goes forward gets cited for court. True said when a letter is sent
with the potential of a $1,000.00 a day fine; that gets their attention.
Myrin asked about the strip lighting on the top of Dancing Bear. Erspamer said
that it was in the back of their party room on the top floor because you could see it
from the gondola. Gibbs said it was on the face of the building. Myrin said it was
on page 49 "Strip lighting outlining commercial structures and used to attract
attention for commercial purposes ".
Myrin asked about the vending machine down on Mill Street. Wampler said it was
a coke machine by the Laundromat. Bendon said that on page 27 there was new
language allowing for "vending machine signs internally illuminated but not
flashing signs on vending machines, gasoline pumps, ice or milk containers, other
similar machines indicating only the contents of such devices, the pricing of the
contents contained within, directional or instructional information as to the use and
similar information." Myrin said that changed from the current code that doesn't
allow that. Gibbs said it wasn't a reality change. Weiss said that he did not agree
with this code amendment because there could be a proliferation of vending
machines outside. Erspamer said there were only a few so he was fine with the
change. Gibbs said he would be inclined to leave the machines but require that
they be in interior spaces or spaces that don't face the right of way or something to
that effect so that you could get the illumination off of the public right of way.
Myrin said that vending machine really lights up that whole parking lot and it was
intended to do that; it was advertising their product. Myrin said that it was more
than 6 square feet and violates our code. Bendon replied that they can look at what
other places have done but they may very well not find anything. Tygre stated that
they were taking about exterior. Myrin replied exterior and as Stan said if it was
interior and not facing the outside that was fine but it was the one that was sitting
outside in your setback on the mall. Tygre said that vending machines were made
nationally and not for different communities; you can have a prohibition from
those machines just as light pollution from any other machine; couldn't you
enforce it the same way. Tygre asked if they should be allowed to be on the street.
Tygre thought that P &Z could ask for these machines to be indoors or in a recess
where they don't spill light into a right of way, you can't have them where they
produce light pollution in the right of way. Gibbs said that in a gas station it
probably doesn't matter but if it is sitting there glowing. Tygre reiterated that
couldn't we write language like that; any exterior vending machines cannot allow
light pollution. Bendon asked the commission who was okay on the new vending
machine code language. There was only one in favor of the new language.
Bendon asked if anyone was for no vending machine lighting. Myrin suggested
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City Planning & Zoning Meeting — Minutes — May 04, 2010
somewhere in between. Bendon said that lighting could only be 6 square feet, you
can only be illuminated if you were in a highly lit area or otherwise intemal to a
space where there was no light pollution to the street. Alexander said the way light
pollution works for commercial now was that your light can't pollute onto a
separate property; so it could say vending machines that were illuminated now
can't spill onto adjacent properties. Bendon with minimal lighting that doesn't
spill onto other properties or the right of way.
Myrin asked about the neon signs in the liquor store by Clarks that you can see
from the Rio Grande Trail that were facing outside. Bendon replied that if you see
them from the outside then they are not allowed.
MOTION: Cliff Weiss moved to approve Resolution #10, 2010 with the
amendments discussed; seconded by Bert Myrin. Roll call vote: Wampler, yes;
Tygre, yes; Weiss, yes; Erspamer, yes; Myrin, yes; Gibbs, yes. APPROVED 6 -0.
PUBLIC HEARING:
Silverlining Ranch 91490 Ute Ave, Change in Use
Stan Gibbs opened the public hearing. Chris Bendon stated that he had the
affidavit of public notice for posting, publication and notice by the applicant.
Bendon said there was also a request from Mitch Haas requesting this continuance.
MOTION: Cliff Weiss moved to continue the public hearing for the Silver Lining
Ranch to May 18, 2010; second by LJErspamer. All in favor, APPROVED.
PUBLIC HEARING:
Miscellaneous Code Amendments
Stan Gibbs opened the hearing on more miscellaneous Code Amendments. Chris
Bendon said the next round of Code Amendments were going to be difficult. The
calculations and measurements was what the zoning officer uses to actually do the
calculations and measurements, FAR, heights, how setbacks are measured, what
can be allowed in setbacks, what is not allowed in a setback, how demolition is
actually measured, all of those things.
MOTION: Mike Wampler moved to continue the miscellaneous code amendments
to May 18, 2010, seconded by Cliff Weiss. All in favor, APPROVED.
Weiss spoke about Leaf recycling in the spring and the waste company will no
longer take yard waste. Erspamer answered there was the Spring Cleanup through
the City.
Adjourned at 7:00
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