HomeMy WebLinkAboutresolution.council.127-18 RESOLUTION NO. 127
(SERIES OF 2018)
A RESOLUTION OF THE ASPEN CITY COUNCIL REQUESTING CODE
AMENDMENTS TO THE CITY'S SIGN REGULATIONS AS THEY RELATE
TO SANDWICH BOARD SIGNS.
WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required
to initiate the process of amending the City of Aspen Land Use Code; and,
WHEREAS, the United State Supreme Court found in the case of Reed v. Town
of Gilbert, Ariz. (2015) (Reed) that commercial and non-commercial signage are forms of
speech protected under the First Amendment to the Constitution of the United States;
and,
WHEREAS, the Reed ruling requires that governmental sign regulations be
content neutral, and that the regulation of commercial and non-commercial signage be
limited to the quantity, physical and locational characteristics of signs in the community;
and,
WHEREAS,pursuant to Section 26.310.020(B)(1),the Community Development
Department conducted Public Outreach with community members, business owners,
stakeholders, and City Council regarding the amendments to the sign code; and,
WHEREAS, there is community interest in allowing the use of sandwich board
signs, presently not permitted under the sign regulations, by certain business types and in
certain locations; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on September 17, 2018, the City Council approved Resolution No. 127, Series of
2018, requesting an amendment for the standards related to sandwich board signs; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code;and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Code Amendment Objective
The goals and objectives of this code amendment is to:
Sandwich Board Sign Code Amendment
Resolution No. 127, Series 2018
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1. Comply with the requirements of Reed v. Town of Gilbert, Ariz. (2015); and,
2. Ensure the appropriate balance of signage and community aesthetics; and,
3. Maintain public health, safety, and welfare by limiting sign clutter, distractions from
roadways and obstructions from signage; and,
4. Provide opportunities for appropriate signage in commercial zone districts; and,
5. Limit the proliferation of signs in commercial zone districts;and,
6. Ensure that sign regulations meet the informational, advertising, wayfinding and
speech needs of residents,businesses and visitors.
Section 2: Sign Code Amendment Direction from Council
City Council provided the following general direction in work sessions related to these code
amendments:
1. Ensure sandwich board sign regulations comply with the requirement of Reed v
Town of Gilbert, Ariz.
2. Explore options to provide for the limited use of sandwich board signs in appropriate
commercial zone districts while preventing the proliferation of such signs.
3. To the extent possible,use sandwich board signs to support Council's second tier
space policies.
4. Create an equitable system for permitting sandwich board sign for certain business
types.
Section 3•
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
FINALLY,adopted this 17`h day of September,2018.
Steven Skad on,Mayor
ATTEST: APPROVED AS TO FORM:
Sandwich Board Sign Code Amendment
Resolution No. 127, Series 2018
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Linda Manning,City Clerk James R True,City Attorney
Sandwich Board Sign Code Amendment
Resolution No. 127,Series 2018
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