HomeMy WebLinkAboutordinance.council.014-13 ORDINANCE No. 14
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE
CHAPTER 26.510—SIGNS AND SECTION 26.575.030 PUBLIC AMENITY.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to explore code amendments related to signs and merchandising on public
amenity space; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(A)(4), the Community Development
Director initiated changes to the Sign chapter and Public Amenity section of the Land Use Code;
and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with Community businesses regarding the code
amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on December 10, 2012, the City Council approved Resolution No. 118, Series of 2012, by a five to
zero (5—0)vote, requesting sign code and public amenity amendments to the Land Use Code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code for Chapter 26.510 — Signs and
Section 26.575.030—Public Amenity; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
City Council Ord #14 of 2013
Sign Code Amendments
Page 1 of 32
Section 1: Chapter 26.510— Signs—of the City of Aspen Land Use Code, which section defines
the procedures and requirements for signs, shall read as follows:
Chapter 26.510
Sections:
SIGNS
26.510.010 Purpose
26.510.020 Applicability and Scope
26.510.030 Prohibited Signs
26.510.040 Signs Not Requiring a Permit
26.510.050 Procedure for Sign Permit Approval
26.510.060 Sign Measurement and Location
26.510.070 Sign Illumination
26.510.080 Sign Lettering, Logos and Graphic Designs
26.510.090 Definition, Sign Types and Characteristics
26.510.100 Signage Allotment
26.510.110 Sandwich Board Signs
26.510.120 Policies Regarding Signage on Public Property
26.510.010 Purpose
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.
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 purpose of this Chapter is to promote a comprehensive system of reasonable, effective,
consistent, content-neutral and nondiscriminatory sign standards and requirements.
These sign regulations are intended to:
A. Enhance the attractiveness and economic well-being of the City as a place to live,
vacation and conduct business.
B. Work with businesses to preserve and maintain the City as a pleasing, visually attractive
environment.
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.
City Council Ord#14 of 2013
Sign Code Amendments
Page 2 of 32
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.
1. Enable businesses to promote their business, while reasonably restraining the size and
number of signs 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 those signs permitted through a Planned Unit Development (PUD) or Specially
Planned Area (SPA).
26.510.030 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 Sec.
26.510.110, Sandwich Board Signs.
B. Permanent Banners and Pennants used for commercial purposes not associated with a
special event approved by the Special Events Committee per Section 26.510.120.
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
26.510.040.A, 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.
City Council Ord #14 of 2013
Sign Code Amendments
Page 3 of 32
E. MovingNariable Message 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
images shall be permitted (see also Section 26.510.030.S, Television Monitors, and Section
26.510.070, Sign Illumination).
F. Neon and Neon Appearing Signs. Neon lights, similar gas-filled light tubes, and
lighting made to appear as neon are prohibited, except when used for indirect illumination and in
such a manner as to not be directly exposed to public view. This includes technology that
simulates or mimics neon signs through the use of LED lights or other methods.
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 Sec. 26.510.110, Sandwich Board
Signs.
I. Roof Signs. A sign mounted on a roof.
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 Council Ord #14 of 2013
Sign Code Amendments
Page 4 of 32
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, 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 less 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.
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;
City Council Ord #14 of 2013
Sign Code Amendments
Page 5 of 32
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;
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.
U: Temporary Signs. Unless otherwise approved, signage associated with a temporary use
is not allowed.
26.510.040 Signs Not Requiring a Permit.
A. Ordinary preventive maintenance including repainting of a lawfully existing sign, which
does not involve a change of placement, size, lighting 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. Temporary banners, pennants, streamers
and balloons shall only be permitted as outlined below:
a. On Private Property:
1) Non-permanent streamers, pennants, and balloons in association with a retail
special event not exceeding ten (10) days shall be permitted.
2) Temporary banner(s) associated with a non-profit event, or a city-approved
special event not exceeding ten (10) days shall be permitted. These banners must
be removed within two (2) days of the event's conclusion. Banners are allowed to
be thirty two (32) square feet in size. This maximum size allotment may be
comprised of multiple banners. Content should primarily be information
identifying the event, date and time, and a graphic/logo related to the event.
Commercial content or sponsor logos shall be no more than twenty five percent
(25%) of the total sign area.
b. On Public Property, including the public right-of-way, temporary banners, pennants,
streamers, balloons and inflatables shall only be permitted per Section 26.510.120,
Policies Regarding Signage On Public Property.
2. Construction Signs. One (1) freestanding or wall sign along each property lot line facing
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
City Council Ord #14 of 2013
Sign Code Amendments
Page 6 of 32
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 only be placed on designated public posting areas
such as the ACRA kiosk adjacent to the pedestrian mall and designated areas of public
buildings, or private business windows.
4. Directional Instructional or Courtesy Signs. Signs, not exceeding two (2) 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, 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. Signs related to
ski area operations, including signs affixed to ski lifts, may exceed the allowed size
subject to approval by the Community Development Director.
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 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. These signs may include a variable
message display of information for a public purpose.
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 Places, which sign
shall not exceed six (6) square feet in area, as approved by the Historic Preservation
Officer.
City Council Ord #14 of 2013
Sign Code Amendments
Page 7 of 32
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 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.
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 intended to convey 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
visible from the exterior may be used, if they comply with the following: only one
variable message display, television, or similar digital marquee may be designed to be
visible exclusively from the exterior, and may be up to thirty-two (32) inches in size.
Screen shall not contain commercial content unrelated to the advertised events and shall
not be 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.
City Council Ord #14 of 2013
Sign Code Amendments
Page 8 of 32
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 rounda-
bout and traffic islands. Political signs carried or worn by a person are exempt from
these limitations.
17. Property ManagementNacation Rental/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, graduation celebrations,
and other signs announcing a special events or functions which do not exceed two (2)
square feet and limited to two (2)per property.
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
or parcel.
c. Area. The area of the temporary sign shall not exceed three (3) square feet. When
multiple units or parcels are available, the area may be combined, but no one
development or property shall have more than twelve (12) square feet of signage
announcing the sale or rental of units or parcels.
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
£ Location - Real estate for sale or rent signs must be placed on the subject private
property or on public rights-of-way adjacent to the respective private property. Real
estate for sale or rent signs shall not be located on public or private property
City Council Ord 414 of 2013
Sign Code Amendments
Page 9 of 32
unassociated with the offering. Real estate signs placed in the public right-of-way
are subject to the public safety standards of the city and may be removed.
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 no larger than 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,"
are allowed up to two (2) square feet in size and limited to two (2)per property, 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-family housing, see the requirements found
in Section 26.5 10.100.13.3, Residential Uses.
25. Street addresses on mailboxes.
26. Signs Carried by a Person. Signs carried by a person advertising or identifying a local
service, product or sale or identifying a restaurant menu are permitted. There shall not be
more than one (1)person carrying signs at any one time within the city. Signs 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 Vendinia 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.
City Council Ord #14 of 2013
Sign Code Amendments
Page 10 of 32
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 internally illuminated must be located
inside of a building or in a space that is not visible from the public right-of-way.
31. Temporary Signs for a New Business. A new business that has not yet received a permit,
but is in the process of obtaining permits and/or producing signs, may be permitted to
display temporary signs at the discretion of the Community Development Director.
26.510.050 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 Community Development Director.
Existing signage, with an approved sign permit, may be maintained after the adoption of this
Chapter.
B. 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(s) on the building or parcel and material;
4. A Net Leasable calculation of the applicant's commercial space per the definition in
26.575.020, along with an explanation of how this information was obtained.
5. Any information needed to calculate permitted sign area, height, type, placement or other
requirements of these regulations.
C. 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 provided to the applicant specifying the deficiencies. The
Community Development Director shall take no further action on the application unless the
City Council Ord #14 of 2013
Sign Code Amendments
Page 11 of 32
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.
D. 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.
E. Appeal. An applicant aggrieved by a determination made by the Community
Development Director, pursuant to this Section, may appeal the decision to the Administrative
Hearing Officer, pursuant to the procedures and standards of Chapter 26.316, Appeals.
26.510.060 Sign Measurement and Location
A. Sign Setback. Signs are not subject to the setback requirements of the Zone District
where they are located.
B. 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
26.510.060.13, Sign Area for the method or measuring signs.
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.
D. 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.
E. Cut-Out Letter Signs. Cut-out letter signs shall be credited toward allowable sign area
one-half(1/2)the measured area (see Figure 1 on the following page). The c at
ut-out letter sign
credit is given because these types of signs encourage transparency in regards t- building
materials and store windows, or lessen the impact of signage on awnings. In order to receive the
credit on sign area, 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. Cut-out window signs should be primarily text. If the cut out letter sign contains graphics
it will not receive the sign area credit.
4. 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
City Council Ord #14 of 2013
Sign Code Amendments
Page 12 of 32
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
26.510.100, Signage Allotment, 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.
0 O�C� Oo Th �'s o
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
O
2' o 0 0
OC 0
0 g n
O
4
O
10'
Sign Area = 6
square feet
L
City Council Ord #14 of 2013
Sign Code Amendments
Page 13 of 32
F. 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. However, businesses on upper levels may place
signage on the ground level to indicate the entrance for the business.
_. Sign
_. in
Signs located proportion_
_- at same heieht to building
if-4
1
_ r
ELI
Sign not covering Window signs not
architectural feature exceeding 25% of
window area
Figure 2(above): Desired Style
No consistency in Sign not
sign height proportional to
building
Sign covering
architectural Window signs far
feature more than 25% of
window area
Figure 3(Above): Undesirable Style
City Council Ord#14 of 2013
Sign Code Amendments
Page 14 of 32
6.510.070 Sign Illumination
A. Allowed Illumination. Illumination of signs shall be designed, located, directed and
shielded in such a manner that the light source is fixed and is not directly visible from and does
not cast glare or direct light upon any adjacent property, public right-of-way, or motorist's vision.
Illumination shall comply with Section 26.575.150, Outdoor lighting. Backlit signs are
permitted for Retail, Restaurant and Lodge uses, provided that the emitted light does not create
excess glare or light trespass on to other properties. Backlit signs shall be constructed of an
opaque material. Illuminated channel-letter signs are allowed provided the face and sides are
constructed of an opaque material. The City encourages sign lighting be controlled by a light
sensor or a timer in order to minimize the duration of illumination. Businesses are allowed no
more than one backlit or illuminated channel-letter sign.
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 first 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"). This applies to logos that are primarily
letters.
26.510.090 Definitions, Sign Types and Characteristics
A. Awning Signs. No sign placed on an awning may project above, below, or off of an
awning. Signs may only be placed on awnings that meet the definition for Awning in Section
26.104.100, Definitions.
B. Freestanding Signs. The highest point of any part of a Freestanding sign shall not be
higher than the principal building or six (6) feet, whichever is less, and cannot project into the
public or pedestrian right-of-way.
C. 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.
D. Individual Business. A commercial operation with a proprietary or distinct identity.
This identity can be established through unique advertising, branding, logo(s), operations,
ownership structure, inventory, products, services, location, physical separation, or other
characteristics that make the commercial operation distinctly different. An operation shall
qualify as an Individual Business if it has a preponderance of these characteristics. Distinctions
created for the sole purpose of increasing signage shall not be accepted.
City Council Ord #14 of 2013
Sign Code Amendments
Page 15 of 32
E. Logo. A symbol or other small design adopted by an organization to identify its products,
uniform, vehicles, etc.
F. Materials. Signs shall be made primarily out of wood, glass, metal, or stone. Sandwich
board signs must contain a fixed message or be made out of chalkboard. Dry erase boards are
prohibited.
G. 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.
H. Portable Sandwich Board Signs. Sandwich board signs are two-sided self-supported a-
frame signs, or any other two-sided portable sign, and must comply with those requirements
found within Section 26.510.110.
1. Projecting or Hanging Signs. Projecting and hanging signs, also known as blade signs,
shall not be higher than the eave line or parapet wall of the top of the principal building, shall
have a minimum clearance 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.
J. Variable Message Display. An electronic traffic sign, which may contain a changing
message, often used on roadways to give travelers information on special events or road
conditions.
K. 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.
L. Window Signs. A window sign is a commercial sign placed in the window of a
commercial establishment. Window signs may be made out of adhesive vinyl material. Window
signs consist of either business names, logos, or both.
M. Window Wrap. A window wrap is a non-permanent window covering placed directly on
a window that consists predominately of graphics.
N. 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 to
minimize excess glare or light trespass on adjacent properties and public rights-of-way. The
following types of illumination and signage are prohibited within window displays:
1. Televisions, computer monitors or other similar technological devices that create
oscillating light.
City Council Ord #14 of 2013
Sign Code Amendments
Page 16 of 32
2. Neon or other gas tube illumination, rope lighting or low-voltage strip lighting, except
when used for indirect illumination and in such a manner as to not be directly exposed to
public view.
3. Backlit or internally illuminated displays or graphics.
26.510.100 Signage Allotment
A. General Sign Allotment Rules.
1. Allotment. Sign allotment for all commercial businesses is based on the size of the Net
Leasable Space the business occupies. How to calculate Net Leasable Commercial Space
can be found in Section 26.575.020.I, Measurement of Net Leasable Commercial Space.
2. Projecting/Hangii g_Sig_n The area of a Projecting/hanging sign is exempt from sign
allotment if:
a. The sign is installed perpendicular to the front fagade of the building.
b. The sign is no larger than six (6) sq. ft. per side.
3. Interior Signage. Interior signage placed within fifteen (15) feet of storefront windows
shall count towards a 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 more than
fifteen (15) feet from the storefront window shall be exempt from signage calculations.
4. Business Directory. Buildings with four(4) or more tenants (restaurant, retail, office, or
service uses) may create two (2) business directory signs. Each tenant may use 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. One of
the business directories may be in the form of a freestanding sign or a sandwich board
sign.
5. Window Signs/Displays.
a. Window Signs, A Window sign shall not exceed 25% of a windows area.
a. Window Wraps. Window wraps predominantly consisting of commercial content
(advertising a product or service through text, logos, graphics, or imagery) or
announcements of sales are prohibited. Window wraps that are predominately
graphics will not count towards a business's sign allotment. If the window wrap
includes commercial message content (Business names, logos, etc.) in excess of 25%
of the window wraps square footage, than that excess square footage will count
towards a business's sign allotment. In no case may window wraps cover more than
fifty percent (50%) of the total aggregate window surfaces of a business.
6. Sandwich board signs do not count towards a business's sign allotment.
City Council Ord#14 of 2013
Sign Code Amendments
Page 17 of 32
B. Sign Allotment.
1. Each business receives its own individual sign allotment, and the signage allotment for an
individual business must be used only by that individual business.
2. For arts, cultural, academic, recreational, restaurant and retail uses, the sign allotment
will be based on the square footage of the business as follows:
a. For a space with 2,500 square feet or less of Net Leasable Space, the sign allotment
will be six (6) square feet.
b. For a space of greater than 2,500 square feet, but less than 24,000 square feet, of Net
Leasable Space, the sign allotment will be eight (8) square feet.
c. For a space of 24,000 square feet or more of Net Leasable Space, the sign allotment
will be twenty (20) square feet.
d. If the space is larger than 2,500 square feet of Net Leasable Space, then up to two (2)
individual businesses may share a common space and receive an individual signage
allotment.
3. Residential Uses:
a. Identification Sign. A multi-family complex, subdivision entrance, or mobile home
park shall be allotted one wall, freestanding or monument identification sign with a
maximum area of 20 square feet
b. Bed and Breakfast or Home Occupation. A Bed and Breakfast or Home Occupation
shall be allotted one (1) sign with a maximum area of six (6) square feet
4. Arts Cultural Civic Academic Recreational Retail and Restaurant Uses. No single
sign may be larger than six (6) sq. ft. in area.
5. Lodge Uses. Lodge uses shall receive a sign allotment of twelve (12) square feet per
business.
6. Office and Service Uses. Office and Service uses shall receive a sign allotment of six (6)
square feet per business. In buildings with four(4) or more tenants with an office or
Service use, the allotment shall be reduced to three (3) square feet per individual
business.
26.510.110 Sandwich Board Signs
A. Sandwich Board signs are only permitted for retail and restaurant businesses within the
City of Aspen. These signs are not permitted for businesses that have an incidental retail
component to their operations.
B. 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
City Council Ord #14 of 2013
Sign Code Amendments
Page 18 of 32
chalkboard. Dry erase boards are prohibited. Sandwich board signs shall not be used as
merchandise displays. The size is not to exceed six (6) square feet per side.
C. Sandwich board signs may only be displayed on or adjacent to the parcel that contains the
business. 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, and they
shall not be left out overnight.
D. All commercial parcels may display one sandwich board sign per parcel, per street
inclusive of directory signs in the form of a sandwich board sign. Parcels that face directly onto
two streets (corner properties) may display two sandwich board signs. If a building has 6 or
more retail businesses, then two signs per street may be displayed. These signs may be
maintained year-around. Multiple businesses may be advertised on one sign. An annual permit
must be obtained.
E. Restaurants may display one sandwich board sign per establishment. These signs are in
addition to the one-per-parcel allowance stated above, and a parcel may have multiple sandwich
board signs for restaurants. These signs may be maintained year-around. Multiple businesses
may be advertised on one sign. An annual permit must be obtained.
F. In order for any business to display a sandwich board sign, the Community Development
Department must receive a completed application along with appropriate fees as amended from
time-to-time, and a signed letter of approval from the property owner or property manager.
26.510.120 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.
City Council Ord #14 of 2013
Sign Code Amendments
Page 19 of 32
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 herdesignee; 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.
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-WaX 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.
City Council Ord#14 of 2013
Sign Code Amendments
Page 20 of 32
B. Signs on Public Rights-of-Way.
1. Pu ose: 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.
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 are allowed for 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 26.104.072, Zoning
Fees, 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 allowed for 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.
City Council Ord #14 of 2013
Sign Code Amendments
Page 21 of 32
8. Exceptions: Any exceptions from the above requirements shall require City Council
review and approval.
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 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.
S. Cost/Fees/Procedures: The cost of installation is outlined in the current fee schedule as
amended from time to time. 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 Council Ord #14 of 2013
Sign Code Amendments
Page 22 of 32
D. Signs in City Parks Related to Special Events in the City Park.
1. Pu ose: 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. Two (2) signs per sponsor are allowed to face towards the
event venue, and five (5) signs are allowed to face towards the public rights-of-way.
These signs are not allowed to 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
le.
Department for review and approval for a fee as outlined in the current fee schedu 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. Eli ibility: 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.
City Council Ord #14 of 2013
Sign Code Amendments
Page 23 of 32
6. 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.
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 26.510.120.1) to City Council for review and approval.
E. Unattended Temporary Signs in Paepeke Park
1. Pu ose: 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 allowed 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.
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.
City Council Ord#14 of 2013
Sign Code Amendments
Page 24 of 32
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.
I. 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:
a. Any type of durable material;
b. Semi circular wind holes in banner;
C. Metal rivets at all corners and every twenty four (24) inches along the top and bottom
of the banner;
d. 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 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-A.16.c.
4. Cost/Fees/Procedures:
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. The cost of installation is outlined in the current fee schedule as amended from time
to time, and must accompany the application form and be reviewed in the City
City Council Ord #14 of 2013
Sign Code Amendments
Page 25 of 32
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 Is' 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 26.510.040.A.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.
G. Signs on Public Buildings. Signs on public buildings shall be prohibited.
City Council Ord#14 of 2013
Sign Code Amendments
Page 26 of 32
Section 2: Section 26.575.030, Public Amenity, of the City of Aspen Land Use Code, which
section defines the procedures and requirements for public amenity space, shall read as
follows:
Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
26.575.030 Public Amenity
A. Purpose. The City seeks a vital, pleasant downtown public environment. Public amenity
contributes to an attractive commercial and lodging district by creating public places and settings
conducive to an exciting pedestrian shopping and entertainment atmosphere. Public amenity can
take the form of physical or operational improvements to public rights-of-way or private
property within these districts. Public amenity provided on the subject development site is
referred to as "on-site public amenity" in this Section.
B. Applicability and Requirement. The requirements of this Section shall apply to the
development of all commercial, lodging and mixed-use development within the CC, C-1, MU,
NC, S/C/l, L, CL, LP and LO Zone Districts. This area represents the City's primary pedestrian-
oriented downtown, as well as important mixed-use, service and lodging neighborhoods.
Twenty-five percent (25%) of each parcel within the applicable area shall be provided as public
amenity right-of-way. For redevelopment of parcels on which less than this twenty-five percent
(25%) currently exists, the existing (prior to redevelopment)percentage shall be the effective
requirement, provided that no less than ten percent (10%) is required. A reduction in the
required public amenity may be allowed as provided in Subsection 26.575.030.D, Reduction of
requirement. Exempt from these provisions shall be development consisting entirely of
residential uses. Also exempt from these provisions shall be additions to an existing building
where no change to the building footprint is proposed. Vacated rights-of-way shall be excluded
from public amenity calculations.
C. Provision of Public Amenity. The Planning and Zoning Commission or Historic
Preservation Commission, pursuant to the review procedures and criteria of Chapter 26.412,
Commercial Design Review, shall determine the appropriate method or combination of methods
for providing this required amenity. One (1) or more of the following methods may be used such
that the standard is reached.
1. On-Site Provision of Public Amenit . A portion of the parcel designed in a manner
meeting Subsection 26.575.030.F, Design and Operational Standards for On-Site Public
Amenity.
2. Off-Site Provision of Public Amenit . Proposed public amenities and improvements to
the pedestrian environment within proximity of the development site may be approved by
the Planning and Zoning Commission, pursuant to Chapter 26.412, Commercial Design
Review. These may be improvements to private property, public property or public
rights-of-way. An easement providing public access over an existing public amenity
space for which no easement exists may be accepted if such easement provides
permanent public access and is acceptable to the City Attorney. Off-site improvements
City Council Ord #14 of 2013
Sign Code Amendments
Page 27 of 32
shall equal or exceed the value of an otherwise required cash-in-lieu payment and be
consistent with any public infrastructure or capital improvement plan for that area.
3. Cash-in-Lieu Provision. The City, upon an approval from the Planning and Zoning
Commission or the Historic Preservation Commission, as applicable, may accept a cash-
in-lieu payment for any portion of required public amenity not otherwise physically
Provided, according to the procedures and limitations of Subsection 26.575.030.E, Cash-
in-Lieu Payment.
4. Alternative Method. The Commission, pursuant to Chapter 26.412, Commercial Design
Review, may accept any method of providing public amenity not otherwise described
herein if the Commission finds that such method equals or exceeds the value, which may
be nonmonetary community value, of an otherwise required cash-in-lieu payment.
D. Reduction of Requirement. A reduction in the required public amenity may be
approved under the following circumstances:
1. The Planning and Zoning Commission or Historic Preservation Commission, pursuant to
the procedures and criteria of Chapter 26.412, Commercial Design Review, may reduce
the public amenity requirement by any amount, such that no more than one-half the
requirement is waived, as an incentive for well-designed projects having a positive
contribution to the pedestrian environment. The resulting requirement may not be less
than ten percent (10%).
2. The Historic Preservation Commission, pursuant to the procedures and criteria of Chapter
26.412, Commercial Design Review, may reduce by any amount the requirements of this
Section for historic landmark properties upon one (1) of the following circumstances:
a. When the Historic Preservation Commission approves the on-site relocation of an
historic landmark such that the amount of on-site public space is reduced below that
required by this Chapter.
b. When the manner in which an historic landmark building was originally developed
reduces the amount of on-site public amenity required by this Chapter.
C. When the redevelopment or expansion of an historic landmark constitutes an
exemplary preservation effort deserving of an incentive or reward.
E. Cash-in-Lieu Payment. When the method of providing public amenity includes a cash-
in-lieu payment, the following provisions and limitations shall apply:
Formula for determining cash-in-lieu payment:
City Council Ord #14 of 2013
Sign Code Amendments
Page 28 of 32
Payment = [Land Value] x [Public Amenity Percentage]
Where: Land Value = Value of the unimproved land.
Public Amenity = Percent of the parcel required to be provided
Percentage as a ublic amenity,y, pursuant to Subsection
26.575.030.B lessened by other methods of
providing the amenity.
Land value shall be the lesser of one hundred dollars ($100.00)per square foot multiplied by the
number of square feet constituting the parcel or the appraised value of the unimproved property
determined by the submission of a current appraisal performed by a qualified professional real
estate appraiser and verified by the Community Development Director. An applicant may only
waive the current appraisal requirement by accepting the one-hundred-dollar-per-square-foot
standard.
The payment-in-lieu of public amenity shall be due and payable at the time of issuance of a
building permit. The City Manager, upon request, may allow the required payment-in-lieu to be
amortized in equal payments over a period of up to five (5) years, with or without interest.
All funds shall be collected by the Community Development Director and transferred to the
Finance Director for deposit in a separate interest-bearing account. Monies in the account shall
be used solely for the purchase, development, or capital improvement of land or public rights-of-
way for open space, pedestrian or bicycle infrastructure, public amenity, or recreational purposes
within or adjacent to the applicable area in which this requirement applies. Funds may be used
to acquire public use easements.
Fees collected pursuant to this Section may be returned to the then-present owner of property for
which a fee was paid, including any interest earned, if the fees have not been spent within seven
(7) years from the date fees were paid, unless the City Council shall have earmarked the funds
for expenditure on a specific project, in which case the City Council may extend the time period
by up to three (3) more years. For the purpose of this Section, payments shall be spent in the
order in which they are received. To obtain a refund, the present owner must submit a petition to
the Finance Director within one (1) year following the end of the seventh year from the date
payment was received. All petitions shall be accompanied by a notarized, sworn statement that
the petitioner is the current owner of the property and by a copy of the dated receipt issued for
payment of the fee.
F. Design and operational standards for public amenity. Public amenity, on all privately
owned land in which public amenity is required, shall comply with the following provisions and
limitations:
1. Open to View. Public amenity areas shall be open to view from the street at pedestrian
level, which view need not be measured at right angles.
City Council Ord #14 of 2013
Sign Code Amendments
Page 29 of 32
2. Open to Sky. Public amenity areas shall be open to the sky. Temporary and seasonal
coverings, such as umbrellas and retractable canopies, are permitted. Such nonpermanent
structures shall not be considered a reduction in public amenity on the parcel.
Trellis structures shall only be permitted in conjunction with commercial restaurant uses
on a designated historic landmark or within Historic Overlay Zones, and must be
approved pursuant to review requirements contained in Chapter 26.415, Development
Involving the Aspen Inventory of Historic Landmark Sites and Structures or
Development within an Historic Overlay District. Such approved structures shall not be
considered a reduction in public amenity on the parcel.
3. No Walls/Enclosures. Public amenity areas shall not be enclosed. Temporary structures,
tents, air exchange entries, plastic canopy walls and similar devices designed to enclose
the space are prohibited. Low fences or walls shall only be permitted within or around
the perimeter of public space if such structures shall permit views from the street into and
throughout the public space.
4. Prohibited Uses. Public amenity areas shall not be used as storage areas, utility/trash
service areas, delivery areas or parking areas or contain structures of any type, except as
specifically provided for herein.
5. Grade Limitations. Required public amenity shall not be more than four(4) feet above or
two (2) feet below the existing grade of the street or sidewalk which abuts the public
space, unless the public amenity space shall follow undisturbed natural grade, in which
case there shall be no limit on the extent to which it is above or below the existing grade
of the street, or if a second level public amenity space is approved by the Commission.
6. Pedestrian Links. In the event that the City shall have adopted a trail plan incorporating
mid-block pedestrian links, any required public space must, if the City shall so elect, be
applied and dedicated for such use.
7. Landscaping Plan. Prior to issuance of a building permit, the Community Development
Director shall require site plans and drawings of any required public amenity area,
including a landscaping plan and a bond in a satisfactory form and amount to ensure
compliance with any public amenity requirements under this Title.
8. Maintenance of Landscaping. Whenever the landscaping required herein is not
maintained, the Chief Building Official, after thirty (30) days' written notice to the owner
or occupant of the property, may revoke the certificate of occupancy until said party
complies with the landscaping requirements of this Section.
9. Outdoor Merchandising on Private Property. Private property may be utilized for
merchandising purposes by those businesses located adjacent to and on the same parcel
as the outdoor space. This shall not grant transient sales from peddlers who are not
associated with an adjacent commercial operation; this includes service uses such as
massage, tarot card reading, aura analysis, etc. Outdoor merchandising shall be directly
associated with the adjacent business and shall not permit stand-alone operations,
City Council Ord #14 of 2013
Sign Code Amendments
Page 30 of 32
including, but not limited to, automated bike rental racks, movie rental kiosks, automated
dog washes, or automated massage furniture. In addition, outdoor merchandising must
meet the following requirements:
a) Merchandise must be maintained, orderly and located in front of or proximate to the
storefront related to the sales.
b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic
along the public right-of-way. All merchandising shall be located on private
property. A minimum of six (6) foot ingress/egress shall be maintained for building
entrances and exits.
c) Outdoor clothing displays including, but not limited to, coats,jeans, shirts, athletic
apparel, and footwear shall be allowed. Outside clothing displays of two (2)
mannequins or one (1) clothing rack of up to six (6) feet in length, but not both, are
allowed. Bins, boxes, and containers that sit directly on the ground are allowed for
outdoor clothing sales, but cardboard boxes are prohibited. All outdoor merchandise
displays must have a minimum height of not less than 27 inches from grade to
prevent tripping hazards. For all other types of merchandise, the size and amount
allowed shall be under the discretion of the property owner.
d) Umbrellas, retractable canopies, and similar devices are not permitted for outdoor
merchandising. See Section 26.304.070.F.2.
e) Merchandise shall be displayed for sale with the ability for pedestrians to view the
item(s). Outdoor areas shall not be used solely for storage.
The prohibition of storage shall be limited to merchandising on private property and
shall not apply to permitted commercial activity on an abutting right-of-way or
otherwise permitted by the City.
10. Outdoor Restaurant Seating on Private Pro pert . Private Property may be used for
commercial restaurant use if adequate pedestrian and emergency vehicle access is
maintained. Umbrellas, retractable canopies, and similar devices are permitted for
commercial restaurant uses. For outdoor food vending in the Commercial Core District,
also see Paragraph 26.470.040.B.3, Administrative growth management review.
11. Design Guideline Compliance. The design of the public amenity shall meet the
parameters of the Commercial, Lodging and Historic District Design Objectives and
Guidelines.
Section I Effect Upon Existing Litigation
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: Severability.
City Council Ord #14 of 2013
Sign Code Amendments
Page 31 of 32
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.
Section 5: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty(30) days following final passage.
Section 6:
A public hearing on this ordinance shall be held on the 28th day of May, 2013, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 28th day of May, 2013.
Attest:
i J
Kathryn S. och, City Clerk Michael C. Ireland,Mayor
FINALLY, adopted, passed and approved this ay of 2013.
Attest:
�yx
Kathryn S. K ch, City Clerk Michael C. Ireland,Mayor
Approved as to form:
City Attorney
City Council Ord#14 of 2013
Sign Code Amendments
Page 32 of 32
Ad Name: 9067256A LEGAL NOTICE
ORDINANCE#14,2013 PUBLIC HEARING
Customer: Aspen (LEGALS) City of Ordinance#14,Series of 2013,was adopted on
first reading at the City Council meeting April 8,
Your account number: 1013028 2013. This ordinance,if adopted will amend the
sign code requirements. The public hearing on
this ordinance is scheduled for April 22,2013,at 5
PM,City hall,130 South Galena.
To see the entire text,go to the city's legal notice
websi
PROOF OF PUBLICATION http//www.aspenpitkin.com/Departments/Clerk/Le-
gal-N
f you otices/would like a copy FAXed,mailed or e-mailed
to you,calf the city clerk's office,429-2686.
T31 Alris TIMZI Pubis ed in the Aspen Times Weekly on April 11,
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 4/11/2013 and that the last publication of
said notice was in the issue of said newspaper dated
4/11/2013.
In witness whereof,I have here unto set my hand
this 04/15/2013.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 04/15/2013.
�71aA,l fir. JJo--k
Mary E.Borkenhagen,Notary Public
11VI,y,,Commission expires:September 12,2015
NOTgR"
:z=
'°Vatic
F O
OF COLO�P�b
'�rggnnnuo�� 'C
'�'"Exoires egnR: