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HomeMy WebLinkAboutresolution.council.118-01 RESOLUTION No, ti (Series of 2001) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE POLICIES REGARDING SIGNAGE ON PUBLIC PROPERTY WHEREAS, the City Council directed the Community Development Department to formulate Policies Regarding Signage on Public Property; and WHEREAS, the Community Development Department developed said policies; and WHEREAS, the City Council is granting permission for signs in the public right-of-way in compliance with said policies; and WHEREAS, Community Development Department staff is recommending approval of the Policies Regarding Signage on Public Property; and WHEREAS, the Aspen City Council has reviewed and considered the policies, and has reviewed and considered those recmmnendations made by the Community Development Department; and WHEREAS, the City Council finds that proposed policies meet or exceed all applicable criteria of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: That the Aspen City Council hereby approves the Policies Regarding Signage on Public Property dated December 17, 2001. FINALLY, adopted, passed and approved this 17~ day of December, 2001. Approved as to form: Approve~~/~/-.-~ John Worcester, City Attorney Helen I~lifi Klahderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolutio, rpla. dopted~by the City Council of the City of Aspen, Colorado, at a meeting heid on~/~, 2001. Kathryn S. K~I~, City Clerk POLICIES REGARDING SIGNAGE ON PUBLIC PROPERTY December 17, 2001 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 (f) signs on public buildings. These regulations shall be read in conjunction with Chapter 26.510 of the Aspen Municipal Land Use Code and are not intended to supercede the regulations of signs as set forth therein. Temporary signs and displays provide an important medium tkrough 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 Chapter 26.510 of the Aspen Municipal Land Use Code and to assist City staff to implement the regulations adopted by the Aspen 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 Chapter 26.510 of the Aspen Municipal Land Use Code; and, c) ensure the fair and consistent enforcement of the sign and display regulations specified below. Section 26.510.110 of the Aspen Municipal Land Use Code 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 of Aspen without the permission of the City Council." Sign permits issued by the City Manager, or his designee, that are in conformance with these regulations shall constitute City Council permission within the meaning of Section 26.510.110 of the Aspen Municipal Code. 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. II. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.510 of the Aspen Municipal Land Use Code. 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, Lightpost 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 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 ora sign as defined in the Aspen Municipal 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 pan, 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 of the Aspen Municipal Code. The term shall also include "displays" as that term is defined above. III. 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 is subject to different regulations and criteria. B. Size/Number/Material: Only two (2) signs per evem/organization shall be permitted. Signs shall not exceed ten (10) square feet each and banners shall not exceed fifty (50) 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 ora 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 mos~ prominent information conveyed by the signs, and shall take up no more the 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 signs plan to the Community Development Department for review and approval for a fee as outlined in Chapter 2.12 of the Aspen Municipal Code. Applications must be received a minimum of thirty (30) 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 (3) days. E. Eligibility: Signs authorized pursuant to this policy shall be limited to a special campmgn, 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 or 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. IV. Banners and Flags on Main St. 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 (25th, 50~, 75th, and 100th) Of local non-profit organizations. Prominent local, regional, state or national events shall not include recurring annual events or events that are not 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 2' in width by 4' in height to be compatible with mounting system on the light posts. Banners must be made of nylon, plastic or similar material. Paper banners and flags are prohibited. 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. 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 of the Aspen Municipal 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 H 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 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 (25th, 50th, 75th, and 100th) of local non-profit 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 St. 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. V. Signs in City of Aspen 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. Acco}dingly, 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 Event Committee. B. Size/Number/Material: Unattended temporary signs located in City parks shall be limited to one (1) banner per booth not to exceed fifty (50) square feet total or one sign not to exceed ten (10) square feet. Banners must be made of nylon, plastic or similar material. Paper banners and flags are prohibited. 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. Unattended temporary signs conveying a commercial message shall be set back at least ten (10) feet from the public right of way and shall be oriented to the attendees of the event. D. Cost/Fees/Procedures: Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not reqmring 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 evem. 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 noncommemial purposes for which a special event permit has been obtained from the City. An exception to this regulation is 6x30" 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, which ever 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 $50.00 refundable security deposit will be required to insure compliance. H. Exceptions: Any exceptions from the above requirements shall require City' Council review and approval. VI. Unattended Temporary Signs in Paepcke Parks 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. Size/Number/Material: Applicants are limited to one sign that shall comply with the City of Aspen lighting and sign codes. The sign shall not to exceed fifty (50) square feet in size. A total of 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 xvith the City 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 non-profit 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. VI. 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: a) any type of durable material; b) semi-circular wind holes in banner c) metal rivets at all comers, and every 24 inches along the top and bottom of the banner; and d) 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. Political advertising on or located in the public right-of-way on public property (even by a non- profit organization) is prohibited per Aspen Municipal Code 26.510.120 (C)(2)(b)(2). D. Cost/Fees/Procedures: i. 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 thirty (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 per one-sided banner or $100 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 City 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 $50 charge. 5. Please pick up the banner from the Electric Department within 30 days after the display week(s). The City of Aspen assumes no responsibility for banners and any banners left more than 30 days may be discarded. E. Eligibility: The City of Aspen 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 Non-Profits and/or Not- For-Profit Organizations; These six spaces are reserved on a first come, first serve basis. Reservations will be taken each year on November 1st 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 banner, per event, may be hung for a maximum of 14 days, as per Municipal Code 26.510.030 (B)(3)(b). 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. VII. Signs on Public Buildings A. Signs on public buildings shall be prohibited. d:\home\saraho\signs~sign-policies.do¢