HomeMy WebLinkAboutresolution.council.075-19 RESOLUTION NO. 75
(SERIES OF 2019)
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 Gilber•1. 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 has
previously conducted Public Outreach with community members,business owners, stakeholders,and City
Council regarding past Reed-compliant amendments to the sign code; and,
WHEREAS,there is community interest in continuing to allow the use of sandwich board signs with
previously approved permits, by certain business types, and in certain locations; and,
WHEREAS, previous Council action has extended the scheduled phase-out of existing sandwich
board sign permits to continue to provide those signs to certain businesses while ensuring Reed-compliant
sign code regulations; 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
August 12, 2019,the City Council approved Resolution No. 75, Series of 2019, requesting an amendment
to sandwich board signs extending the expiration date of existing sandwich board sign permits; 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. 75, Series 2019
Page 1 of 2
I. Comply with the requirements of Reed v. Town of Gilbert, Ariz. (2015); and,
2. Maintain public health, safety, and welfare by limiting sign clutter, distractions from roadways and
obstructions from signage; and,
3. Provide opportunities for appropriate signage in commercial zone districts; and,
4. Limit the proliferation of signs in commercial zone districts; and,
5. Ensure that sign regulations meet the informational, advertising, wayfinding and speech needs of
residents, businesses and visitors.
Section 2: Si!n Code Amendment Direction from Council
City Council previously provided the following general direction related to sign code amendments which
provide the basis for this limited code amendment:
1. Ensure sandwich board sign regulations comply with the requirement of Reed v Town of Gilbert,
Ariz.
2. Continue to provide for the limited use of sandwich board signs in appropriate commercial zone
districts while preventing the proliferation of such signs.
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 12fl' day of August, 2019.
"Torre, Mayor
ATT T: APPROVED AS TO FORM:
c --
Linda Manning, City Clerk rues R True, City Attorney
i
Sandwich Board Sign Code Amendment
Resolution No. 75, Series 2019
Page 2 of 2