HomeMy WebLinkAboutcoa.lu.ca.130 s galena sign 0020.2013 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0020.2013.ASLU
PARCEL ID NUMBERS N/A
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER JIM POMEROY
CASE DESCRIPTION SIGN CODE AMENDMENT
REPRESENTATIVE CITY HALL
DATE OF FINAL ACTION 6.10.13
CLOSED BY ANGELA SCOREY ON: 7/2/13
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, j
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:
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City Council Ord 414 of 2013 j
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
SIGNS
Sections:
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.
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D. Enable the identification of places of residence and business.
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E. Allow for the communication of information necessary for the conduct of commerce.
F. Encourage signs that are appropriate to the zone district in which they are located and
consistent with the category of use to which they pertain.
G. Permit signs that are compatible with their surroundings and aid orientation and preclude
placement in a manner that conceals or obstructs.adjacent land uses or signs.
H. Preclude signs from conflicting with the principal permitted use of the site or adjoining
sites.
I. 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.
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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 (1 0)
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.
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O. Signs on Parked Vehicles. Signs placed on or affixed to vehicles and/or trailers,
including bicycles, which are parked on a public right-of-way, public property or private
property so as to be visible from a public right-of-way where the apparent purpose is to advertise
a product, service or activity or direct people to a business or activity located on the same or
nearby property. However, this is not in any way intended to prohibit signs placed on or affixed
to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the
primary use of the vehicle or trailer.
P. Signs in Public Right-of-Way. A sign in, on, or above a public right-of-way that in any
way interferes with normal or emergency use of that right-of-way. Any sign allowed in a public
right-of-way may be ordered removed by the Community Development Director upon notice if
the normal or emergency use of that right-of-way is changed to require its removal.
Q. Street Blimps. Parked or traveling cars used primarily for advertising, sometimes
referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's primary
use is exempt.
R. Strings of Light and Strip Lighting. Strip lighting outlining commercial structures and
used to attract attention for commercial purposes and strings of light bulbs used in any
connection with commercial premises unless the lights shall be shielded and comply with
Section 26.575.150, Outdoor lighting.
S. Television Monitors. Television monitors, or any other electronic device that emits an
image onto a screen, displaying commercial content unrelated to the store or business, shall be
prohibited. Television monitors displaying related commercial content on a screen of thirty-two
(3 2) 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;
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Sign Code Amendments
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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
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Sign Code Amendments
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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.
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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.
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10. Holidgy 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.
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b. All such signs shall be removed no later than seven (7) days after the election for
which they were made.
c. Political signs may not be placed on publicly owned property, rights-of-way adjacent
to public property, or within the State Highway 82 traffic way including the round-a-
bout and traffic islands. Political signs carried or worn by a person are exempt from
these limitations.
17. Property ManagementlVacation 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.
I Height. The height of the temporary sign shall not exceed five (5) feet as measured
from the grade at the base of the sign.
e. Duration. The temporary sign may be used as long as the property is actively for sale
or rent but must be removed within seven (7) days of the sale or rental of the real
estate upon which the sign is located
f. Location - Real estate for sale or rent signs must be placed on 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
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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 Sig,_ns. 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 26.510.1 003.3,.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 Vending Signs.igns. 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.
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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. Temporar 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.
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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 j
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
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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.D, 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 at
one-half(1/2) the measured area (see Figure l on the following page). The cut-out letter sign
credit is given because these types of signs encourage transparency in regards to building
materials and store windows, or lessen the impact of signage on awnings. 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.
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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
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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.
00 1
❑ ❑
0 Tho�s SMn o
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
so 0 0
o�oo 0 000 0 � 0
O 0
Sign Area = 6
square feet
I _
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
I
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
iflHIHM I 1
Sign covering Window signs far
architectural
more than 25% of
feature
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.
Qity Council Ord 414 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.
I. Projecting or Hanging Signs. Projecting and hanging signs, also known as blade signs,
shall not be higher than the cave 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.
I 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. Wail Signs. Wall signs shall not be higher than the cave 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:
i
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 26.575.020.1, Measurement of Net Leasable Commercial Space.
2. Projecting/Hanging Sign.ign. 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 414 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.
i
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.
I
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.
I
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 414 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 her designee, that are in conformance
with these regulations shall constitute City Council permission within the meaning of this
Section, Signs on public right-of-ways. Applications for sign permits that do not comply
with these regulations shall be forwarded to the City Council for consideration if
requested by the applicant.
A. Definitions.
1. Unless otherwise indicated, the definitions of words used in these regulations shall be the
same as the definitions used in this Chapter, Signs. In addition, the following definitions
shall apply:
2. Banner means any sign of lightweight fabric, plastic or similar material that is attached to
any structure, pole, line or vehicle and possessing characters, letters, illustrations or,
ornamentations.
3. Banner, Light Post means any sign of lightweight fabric, plastic or similar material that is
attached to a light post and possessing characters, letters, illustrations or ornamentations
which meets the dimensional requirements for and is intended to be installed on
municipal light posts.
4. Display means any symbol or object that does not meet the definition of a sign as defined
in this Code, but like a sign is intended to convey a message to the public.
5. Flag means any fabric or bunting containing distinctive colors, patterns or symbols, used
as a symbol of a government,political subdivision or other entity which meets the
dimensional requirements and is intended to be installed on municipal light posts.
6. Public Right-of-Way means the entire area between property boundaries which is owned
by a government, dedicated to the public use or impressed with an easement for public
use; which is primarily used for pedestrian or vehicular travel; and which is publicly
maintained, in whole or in part, for such use; and includes without limitation the street,
gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, pedestrian malls
and any public way.
7. Sign means and includes the definition for sign as contained in Section 26.104.100,
Definitions, of this Code. The term shall also include displays as that term is defined
I
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 414 of 2013
Sign Code Amendments
Page 20 of 32
B.. Signs on Public Rights-of-Way.
1. Purpose: The purpose of this policy is to regulate signs permitted to be located
temporarily in the public right-of-way. Temporary signs shall be permitted in public
rights-of-way to advertise noncommercial special events open to the general public
provided the following policies and procedures are followed. 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. Pumose: 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.
5. 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 414 of 2013
Sign Code Amendments
Page 22 of 32
D. Signs in City Parks Related to Special Events in the City Park.
1. Purpose: Unattended signs are generally prohibited in City parks. Separate regulations
apply to temporary unattended signs placed in Paepcke Park (See below for those
regulations.) The purpose of this policy is to regulate unattended temporary signs that are
permitted in limited circumstances in City parks. The City recognizes that unattended
temporary signs may be a necessary element to many special events that are permitted in
City parks in order to communicate general information to the public and advertise
services, products and offerings as well as sponsorship of the special event. Accordingly,
temporary unattended signs are permitted, subject to these policies, when the signs are
connected to a special event at a City park for which a permit has been obtained from the
City. Signs in City parks are typically temporary in nature and review occurs through the
Special Events Committee.
2. Size/Number/Material: Unattended temporary signs located in City parks shall be limited
in size to three feet by six feet. 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.
Department for review and approval for a fee as outlined in the current fee schedule. The
applicant shall also submit a refundable security deposit as outlined in the current fee
ordinance to be applied to any damages, repairs or the cost of removal if not
corrected/removed by the applicant within three (3) days. The applicant shall receive the
necessary approval prior to the installation of any signs. Applications must be received
no later than thirty (30) days prior to the event.
5. Eli ibg ility: 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 Paepcke Park
1. Purpose: Unattended signs in public parks are prohibited.with the exception to Paepcke
Park. The purpose of this policy is to regulate the placement of unattended temporary
signs in Paepcke Park that are civic, philanthropic, educational or religious in nature.
2. Size/Number/Material: Applicants are 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. Eli ibg ility: 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.
i
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.
1. Purpose: The purpose of this policy is to regulate signs permitted to be located
temporarily across the Main Street right-of-way at Third Street. Temporary signs shall be
permitted in this location to advertise noncommercial special events open to the general
public provided the following policies and procedures are followed. These regulations do
not apply to banners on the Main Street light posts or signs other than those hanging
across Main Street at Third Street.
2. Size/Number/Material: Banners must consist of the following specifications:
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/Fcts/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 414 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 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.
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.
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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 Amenity. 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 Amenity. 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
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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:
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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 public amenity, 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.
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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
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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 Propert y. 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.
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Section 3: Effect Upon Existinlz 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 414 of 2013
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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:
j 7
Kathryn S. och, City Clerk . Michael C. Ireland,Mayor
FINALLY, adopted, passed and approved this ay of j 2013.
Attest:
/4L,
Kathryn S. K�6Ch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
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City Attorney
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City Council Ord 414 of 2013
Sign Code Amendments
Page 32 of 32
MEMORANDUM
TO: Mayor and City Council
FROM: Jim Pomeroy, Code Enforcement Officer
THRU: Chris Bendon, Community Development Director 614,�
RE: Sign and Public Amenity Space Code Amendments
Ordinance No 14 (Series of 2013), Second reading
MEETING DATE: May 28, 2013
SUMMARY:
The attached ordinance includes proposed code amendments related to primarily signs in the City of
Aspen. The objective of the proposed code amendments is to help clarify and give direction for
commercial signs, as well as limiting outdoor displays of clothing,throughout town.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Sign and Public Amenity sections of the Land
Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority
for all code amendments.
All code amendments are subject to a three-step process. This is the third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
CHANGES:
1. General organizational changes: The entire sign chapter has been reorganized. Prohibited
signs were moved to the front, followed by signs allowed without a permit, followed by
everything pertaining to permitted signs. The Sign Types and Characteristics section has
been renamed as Definitions, Sign Types and Characteristics, as well as being expanded.
This puts all definitions and characteristics that were found throughout the chapter into one
place for easier use by businesses and the general public. Last, the sign allotment section has
been consolidated into just a few pages. Overall, the chapter is 1/3 shorter and far simpler.
2. Banners: the proposed changes will allow special events to display a banner(s) on private
property for a limited period without having to obtain a sign permit. Currently, the code does
not allow for this. This change will save time, money, and expenses for businesses, non-
profits, and City staff.
3. Sign Illumination: Code changes will prohibit "Neon Appearing Signs" constructed using
LED light technology. The new language will also clearly allow "channel-letter" signs that
3.28.2013—Staff memo- Sign Code—First reading
Page l of 3
are lit with internal LED lights that are fully shielded from view. These lights would only be
allowed for Restaurant, Retail, and Lodge uses. These changes will allow for more creative
illuminated signs, while making the process easier to understand.
4. Sign Size: The Code changes will alter how the amount of signage for each business is
determined. Instead of using "business frontage" to determine the amount of signage
individual businesses may display, the new system will be based on the size of the business.
The new allotment structure mirrors the old allotments. Smaller businesses with less than
2,500 sq. ft. of space will receive 6 sq. ft. of allotment, larger businesses over 2,500 sq. ft.
will receive 8 sq. ft., and very large businesses of over 24,000 sq. ft. receive 20 sq. ft. This
will simplify the sign code, because the amount of signage a business may have will be based
on an objective standard, and eliminate the need for City Staff to interpret what is, and is not,
a frontage.
5. Sandwich Boards: There are several sandwich board sign changes:
A. The first change would be to allow business directory signs for large commercial
buildings to be in the form of a freestanding (ground mounted) or sandwich board sign.
This change would combine with option F below, to hopefully seek cooperation from the
landlords to condense sandwich board signs.
B. The second change allows the rules for sandwich board signs to be extended to the entire
City rather than just to the CC and Cl zone districts.
C. The third change modifies the Code to strictly state that.sandwich board signs are only
intended for restaurants and retail businesses where any service use is incidental to the
businesses' main core function. This would allow a ski shop that also tunes skis to have a
sandwich board sign, but would prohibit one for a nail salon that sells nail polish.
D. The fourth change allows restaurants to continue to display sandwich board signs
continuously as they do now, but would also allow them to display these signs on the
public right of way as well as on private property. This is something that most restaurant
businesses already believe they can do, and it becomes a constant enforcement issue with
where and when restaurants can display their sign.
E. The fifth change is to eliminate the provisions of the code for "hard to find" businesses.
This became a challenge to define, explain and enforce. It came across to the business
community as if the City was "picking winners and losers," and seemed arbitrary. By
eliminating this section, and in combination with other changes, all retail and restaurant
businesses within the city would be on an equal footing for signage.
F. The last change that staff recommends is to eliminate the special sale permits for
businesses. Staff would instead propose that any retail business could display a sandwich
board sign continually all year around. However, no one parcel could display more than
one sandwich board sign, with corner properties being able to display two. This
eliminates the need for a business to constantly be keeping track of"do I have a permit,
and for when?" Once again everyone is on an equal footing, and it is up to a landlord,
property owner, or property manager to decide who will receive a sign. For large
buildings with multiple tenants, this change would hopefully encourage business owners
to work with their landlord to create a central sandwich board that would advertise all of
the businesses equally in the building.
3.28.2013—Staff memo- Sign Code—First reading
Page 2 of 3
1. Another option would be to keep the temporary sales permits in the code, but
eliminate any reference to a maximum number of signs allowed. This could
potentially lead to more sandwich board signs being on the street, but only during
concentrated times (Christmas, July 4rh, etc.).
6. Window Wraps: The proposed changes will make this section of the code clearer for
businesses, while also allowing for creative uses of window displays.
7. Outside clothing displays: The proposed changes will limit the display of clothing on
outdoor private public amenity space to 2'mannequins or 1 rack of no more than 6 feet in
length. The changes would also allow clothing displays using bins and boxes but prohibit
cardboard boxes.
Other Sign questions:
There are other items that have been communicated to staff as concerns. These include:
• Whether or not there should be two sign chapters — One for signs on private property and
a different one for signs on public property associated with special events.
• Whether to allow signs to be placed on top of awnings.
• Whether or not the City should continue to allow hanging/projecting/blade signs to be
exempt from sign allotments.
• Whether sign regulation should continue to be enforced for any interior signs placed
within 15 feet of a storefront.
Staff has looked at many of these items, and feels that the proposed code properly deals with
these issues, and therefore does not recommend any further changes.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 14, Series of 2013, approving code amendments to the Sign
Code and the Public Amenity sections of the Land Use Code."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A— Staff Findings
Exhibit B— Proposed Ordinance No 14 (Series 2013)
Exhibit C— Proposed code sections with highlighted changes
3.28.2013—Staff memo- Sign Code—First reading
Page 3 of 3
Exhibit A: Staff Findings
26.310.050 Amendments to the Land Use Code Standards of review -Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step
Three—Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Findings:
The proposed code amendment is consistent with the Land Use Code. It updates code sections
that are already in place. Staff finds this criterion to be met.
B. Whether the proposed amendment achieves the policy, community goal, or objective
cited as reasons for the code amendment or achieves other public policy objectives.
Staff Findings:
In the fall 2012, City Council identified several goals for the upcoming year. One of those goals
was to make the city more business friendly. The changes in this amendment are in line with
those goals. Furthermore, the changes proposed in this amendment are in line with public
comment that has been received, and therefore staff finds this criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure that the regulation of signs and public amenity
space is done in a manner that balances the general needs of the City with the needs of City
businesses. Staff finds this criterion to be met.
5.28.13 Sign Amendments 2nd Reading; Exhibit A
Page 1 of 1
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 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
SIGNS
Sections:
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
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E. Allow for the communication of information necessary for the conduct of commerce.
F. Encourage signs that are appropriate to the zone district in which they are located and
consistent with the category of use to which they pertain.
G. Permit signs that are compatible with their surroundings and aid orientation and preclude
placement in a manner that conceals or obstructs adjacent land uses or signs.
H. Preclude signs from conflicting with the principal permitted use of the site or adjoining
sites.
I. 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.
I 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.
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
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E. Moving/Variable 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 (also see Television monitors under Section 26.510.040.S and Sign
illumination under Section 26.510.070).
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.
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.
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
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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;
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;
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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 si tg_ls. 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
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
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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 courtessignns. 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, freight entrances,
accessibility routes, restrictions on smoking or solicitation, delivery or freight entrances,
affiliation with motor clubs, acceptance of designated credit cards and other similar signs
providing direction or instruction to persons using a facility including courtesy
information such as "vacancy," "no vacancy,""open,""closed," and the like.
Advertising material of any kind is strictly prohibited on directional, instructional, or
courtesy signs. 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 desi nom. 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.
10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on
traditionally accepted civic,patriotic and/or religious holidays,provided that such
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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. Also see section 26.510.1103.5.
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 Sims. Political signs announcing political candidates seeking public office,
political parties or political and public issues shall be permitted provided.
a. All such sign may be erected no sooner than ninety(90) days in advance of the
election for which they were made.
b. All such signs shall be removed no later than seven(7) days after the election for
which they were made.
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c. Political signs may not be placed on publicly owned property, rights-of-way adjacent
to public property, or within the State Highway 82 traffic way including the round-a-
bout and traffic islands. Political signs carried or worn by a person are exempt from
these limitations.
17. Property management/Vacation 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
f. 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
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.
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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 26.510.100.0, Residential Use Signs.
25. Street addresses on mailboxes.
26. Sandwich board signs carried by a person. Temporary sandwich board signs which are
carried by a person and are advertising or identifying a special, unique or limited activity,
service, product or sale of a limited duration or identifying a restaurant menu. There
shall not be more than one(1) such temporary sign per use at any one time. Sign must
not exceed six (6) square feet per side.
27. Security signs. Every parcel may display security signs not to exceed an area of six
inches wide by six inches long(6" x 6"). Security signs may contain a message, logo or
symbol alerting the public to the presence of a security system on the premises. Security
signs shall be of a neutral color. Security signs may not be placed in the City right-of-
way.
28. Temporary food vending signs. The food vending permit must include details of the
intended signage including size,material and location.
29. Temporary sale signs and going-out-of-business signs. Going-out-of-business signs and
temporary sale signs, announcing special sales of products and services, shall be subject
to the following:
a. Type. The sign(s) shall be placed in the window or windows of the business holding
the sale.
b. Number. There shall be permitted not more than one (1) temporary sign(s) in any
window and a total of not more than three (3) temporary signs for each use.
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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. Vendiniz 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 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
deficiencies are remedied. If the application is determined complete, the Community
Development Director shall notify the applicant of its completeness. A determination of
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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.
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
26.510.060.0, 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 at
one-half(1/2) the measured area(see Figure 1 on the following page). The cut-out letter sign
credit is given because these types of signs encourage transparency in regards to building
materials and store windows, or lessen the impact of signage on awnings. 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
to white lettering in front of a black background on an awning that is otherwise
completely red.
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*Note: For the purposes of calculating cut-out letter signs for compliance with Section
26.510.110, Sign Restrictions by Use-Type, the size of the cut-out letter sign shall be the final
area after the reduction has been applied. For example, a two by six foot(2' x 6') cut-out letter
sign shall be permitted on the wall of a retail use, given that after the reduction has been applied
it is only considered a(6) square foot sign.
0�� o h 'o� o
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
E
o a o
(of Thm S�gn
o
01
10' j
Sign Area = 6 2'
square feet
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Sign Code Amendments
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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
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
a .�.— building
j17
Sign covering
architectural Window signs far
feature more than 25% of
window area
Figure 3 (Above): Undesirable Style
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6.510.080 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 and a timer in order to minimize the duration of illumination. Businesses are allowed no
more than one backlit or illuminated channel-letter sign.
A. 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.
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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.
I. 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.
I 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. A window wrap may cover the entire window
surface.
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.
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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 Sign 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 at Sec. 26.575.020.I.
2. Projecting/Hanging Sign. 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/Display.
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.
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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 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)
distinct 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 . 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. Sandwich board signs are intended for special sales, the advertisement of unique
menus or offerings at restaurant establishments, and for businesses that are difficult to locate.
These signs are not permitted for businesses that have an incidental retail component to their
operations
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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
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 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. (First option)All commercial parcels may display one sandwich board sign per parcel,
per street. Parcels that face directly onto two streets (corner properties)may display two
sandwich board signs. 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. (Second Option) Retail businesses may obtain a temporary permit for 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 temporary sandwich board signs. Temporary sandwich
board sign permits must be applied for, and are granted by the Community Development
Director. These temporary permits are valid for one (1) week, and no business shall receive
more than eight(8) special sale sign permits within an annual year(January 1 —December 31).
G. 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.
26.510.140 Policies Regarding Signage on public property
Purpose of regulations. The purpose of these regulations is to establish reasonable regulations
for the posting of temporary signs, displays and banners on certain public property. The
regulations herein include signage on public rights-of-way, banners and flags on light posts on
Main Street, signs in City parks, displays in City parks, signs hung across Main Street at Third
Street, and signs on public buildings. These regulations shall be read in conjunction with this
Chapter and are not intended to supersede the regulations of signs as set forth therein.
Temporary signs and displays provide an important medium through which individuals may
convey a variety of noncommercial and commercial messages. However, left completely
unregulated, temporary signs and displays can become a threat to public safety as a traffic hazard
and detrimental to property values and the City's overall public welfare as an aesthetic nuisance.
These regulations are intended to supplement this Chapter and to assist City staff to implement
the regulations adopted by the City Council. These regulations are adopted to:
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I. Balance the rights of individuals to convey their messages through temporary signs or
displays and the right of the public to be protected against unrestricted proliferation of
signs and displays;
2. Further the objectives of this Chapter, Signs; and
3. Ensure the fair and consistent enforcement of the sign and display regulations specified
below.
This Section, Signs on public right-of-ways, states: "It shall be unlawful to erect or
maintain any sign in, on, over or above any land or right-of-way or on any property,
including light posts,belonging to the City without the permission of the City Council."
Sign permits issued by the City Manager or his or her designee, that are in conformance
with these regulations shall constitute City Council permission within the meaning of this
Section, Signs on public right-of-ways. Applications for sign permits that do not comply
with these regulations shall be forwarded to the City Council for consideration if
requested by the applicant.
A. Definitions.
1. Unless otherwise indicated, the definitions of words used in these regulations shall be the
same as the definitions used in this Chapter, Signs. In addition, the following definitions
shall apply:
2. Banner means any sign of lightweight fabric, plastic or similar material that is attached to
any structure, pole, line or vehicle and possessing characters, letters, illustrations or
ornamentations.
3. Banner, light post means any sign of lightweight fabric,plastic or similar material that is
attached to a light post and possessing characters, letters, illustrations or ornamentations
which meets the dimensional requirements for and is intended to be installed on
municipal light posts.
4. Display means any symbol or object that does not meet the definition of a sign as defined
in this Code,but like a sign is intended to convey a message to the public.
5. Flag means any fabric or bunting containing distinctive colors, patterns or symbols, used
as a symbol of a government, political subdivision or other entity which meets the
dimensional requirements and is intended to be installed on municipal light posts.
6. Public right-of-way means the entire area between property boundaries which is owned
by a government, dedicated to the public use or impressed with an easement for public
use; which is primarily used for pedestrian or vehicular travel; and which is publicly
maintained, in whole or in part, for such use; and includes without limitation the street,
gutter, curb, shoulder, sidewalk, sidewalk area,parking or parking strip, pedestrian malls
and any public way.
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7. Sign means and includes the definition for sign as contained in Section 26.104.100,
Definitions, of this Code. The term shall also include displays as that term is defined
above.
8. Sign, inflatable means any inflatable shape or figure designed or used to attract attention
to a business event or location. Inflatable promotional devices shall be considered to be
temporary signs under the terms of this Chapter and, where applicable, subject to the
regulations thereof.
B. Signs on public rights-of-way.
1. Purpose: The purpose of this policy is to regulate signs permitted to be located
temporarily in the public right-of-way. Temporary signs shall be permitted in public
rights-of-way to advertise noncommercial special events open to the general public
provided the following policies and procedures are followed. 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
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campaign, drive, activity or event advertised is scheduled to occur and shall be removed
within three (3) days of the termination of such campaign, drive, activity or event. Small
directional signs are permitted the day of the event only and must be removed
immediately following said event.
7. Maintenance: All signs and banners shall be maintained in an attractive manner, shall not
impede vehicular or pedestrian traffic and shall not pose a safety risk to the public.
8. Exceptions: Any exceptions from the above requirements shall require City Council
review and approval.
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.
5. 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.
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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.
D. Signs in City parks related to special events in the City Park.
1. Purpose: Unattended signs are generally prohibited in City parks. Separate regulations
apply to temporary unattended signs placed in Paepcke Park (See below for those
regulations.) The purpose of this policy is to regulate unattended temporary signs that are
permitted in limited circumstances in City parks. The City recognizes that unattended
temporary signs may be a necessary element to many special events that are permitted in
City parks in order to communicate general information to the public and advertise
services, products and offerings as well as sponsorship of the special event. Accordingly,
temporary unattended signs are permitted, subject to these policies, when the signs are
connected to a special event at a City park for which a permit has been obtained from the
City. Signs in City parks are typically temporary in nature and review occurs through the
Special Events Committee.
2. Size/Number/Material: Unattended temporary signs located in City parks shall be limited
in size to three feet by six feet. 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
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
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necessary approval prior to the installation of any signs. Applications must be received
no later than thirty(30) days prior to the event.
5. Eligibility: Unattended temporary signs may be located in City parks only for the
following reasons: a special campaign, drive, activity or event for a civic, philanthropic,
educational or religious organization for noncommercial purposes for which a special
event permit has been obtained from the City. An exception to this regulation is six inch
by thirty inch(6" x 30") directional signs for commercial organizations using City parks.
6. Duration. Unattended temporary signs may be erected and maintained only for the
duration of the event or forty-eight (48)hours, whichever is 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 26.510.120.13 to City Council for review and approval.
E. Unattended Temporary Signs in Paepcke Park
1. Purpose: Unattended signs in public parks are prohibited with the exception to Paepcke
Park. The purpose of this policy is to regulate the placement of unattended temporary
signs in Paepcke Park that are civic, philanthropic, educational or religious in nature.
2. Size/Number/Material: Applicants are 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.
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5. Eligibility: Civic,philanthropic, education or religious nonprofit organizations shall be
eligible. The City reserves the right to deny any application for a sign that would
interfere in City-sponsored activities in the park.
6. Duration: Applicants are permitted to maintain their signs for no more then fourteen(14)
days.
7. Maintenance: All signs shall be maintained in an attractive manner, shall not impede
vehicular or pedestrian traffic and shall not pose a safety risk to the public. The applicant
must work with the City Parks Department regarding all maintenance issues.
8. Exceptions: Any exceptions from the above requirements shall require City Council
review and approval.
F. Signs across Main Street at Third Street.
1. Purpose: The purpose of this policy is to regulate signs permitted to be located
temporarily across the Main Street right-of-way at Third Street. Temporary signs shall be
permitted in this location to advertise noncommercial special events open to the general
public provided the following policies and procedures are followed. These regulations do
not apply to banners on the Main Street light posts or signs other than those hanging
across Main Street at Third Street.
2. Size/number/material: Banners must consist of the following specifications:
(1) Any type of durable material;
(2) Semi circular wind holes in banner;
(3) Metal rivets at all corners and every twenty four(24) inches along the top and bottom
of the banner;
(4) Size will be twelve(12) feet in length and three (3) feet in width.
3. Content/Location: No commercial advertising will be allowed, except in cases where a
sponsoring entity's name is part of the name of the event. In such cases, the organization
promoting the event may not construct the banner such that sponsoring entity's
commercial name is the most overwhelming aspect of the banner and the sponsor's name
and logo shall be 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.
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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
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 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.
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.
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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/I, 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 amenity. 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 amenity. 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
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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:
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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 public amenity, 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 Propert y. 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 sales 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 Propert y. 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 3: 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:
Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor
FINALLY, adopted,passed and approved this day of ,2013.
Attest:
Kathryn S. Koch, 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
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
dry Ma-y t-3 6' 5:'o yern , 20 1?,
STATE OF COLORADO )
ss.
County of Pitkin )
I, P ti (name, please print)
being or representing an Applicant to the City-of Aspen, Colorado, hereby personally
certify that 1 have complied with the public notice requirements of Section 26.304.060
(E) of Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto. I
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen(15) days prior to the public hearing
and was continuously visible from the day of , 20 , to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (3 00) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the o01720rs and governmental agencies so noticed is attached hereto.
-(Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived_ However,the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing"Affidavit of Notice" was acknowledged before me thisgZyday
of , 20!1, `., by n, SC E-j �
PUBLIC NOTICE
RE: AMENDM4NND USE CODE
OF ASPEN T=��SS T,y HAND AND OFFICIAL T S A T
,/ WITNESS 1Vl 1 HAND ti1�1J 1 H 7, tiles
NOTICE IS KEREBY GIVEN that a public hearing
will be held Monday,May 13,2013,at a meet- i
ing to begi(1 at 5:00 p.m.before the Aspen City My commission expires:
Council,Council Chambers,City Hall,130 S.Gale-
na St.,Aspen,to consider amendments to the text
of the Land Use Code. The amendments would
address the sign code and public amenity space. Val For further information,contact Jim Pomeroy at the
City 1130eS Community Development
Aspen,CO (970) -
429-2745,lim.pomeroy @atyofaspen.com. Notary Public
a/Michael Ireland Mavor
As n Clty Council p 2013. -
Pu fished in the Aspen Times on April 25,
[9117094]
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
• APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise,the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However,the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Si at e
The foregoing "Affidavit of Notice" was acknowledged befpre me this 23 day
of 200, by ``,A;? W L
PUBLIC NOTICE
RE:AMENDMENT TO THE CITY OF ASPEN
LAND USE CODE WITNESS MY HAND AND OFFICIAL SEAL
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday,December 10,2012,at a
meeting to begin 5:00 p.m.before the Aspen My commission expires:
City Council,Council Chambers.City Hall,130 S.
Galena St.,Aspen,to determine if amendments to
the text of the Land Use Code should be pursued.
The potential amendments would address the sign
code and public amenity space. For further infor- /\ !O °
mation,contact Jim Pomeroy at the City of Aspen u b
Community Development Department,130 S.Ga-
lena St.,Aspen,CO,(970)429-2745,jimpp)1>y�- Public
ublic
oy@cityofaspen.com "`J
S/Michael Ireland,Mayor -
Aspen City Council
Published in the Aspen Times on November 19th,
2012.(8613154)
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
• APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
'v 1
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
AD
D SS OF PROPERTY:
M�` , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that r have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice,which form was obtained from the _
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen(15) days prior to the public hearing
and was continuously visible from the_day of , 20_,to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hewing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(Continued on next page)
MEMORANDUM
TO: Mayor and City Council
FROM: Jim Pomeroy, Code Enforcement Officer
"
THRU: Chris Bendon, Community Development Director 1 V
/
RE: Sign and Public Amenity Space Code Amendments r '/
Ordinance No_(Series of 2013),First reading
MEETING DATE: April 8, 2013
SUMMARY:
The attached ordinance includes proposed code amendments related to primarily signs in the City of
Aspen. The objective of the proposed code amendments is to help clarify and give direction for
commercial signs, as well as limiting outdoor displays of clothing,throughout town.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Sign and Public Amenity sections of the Land
Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority
for all code amendments.
All code amendments are subject to a three-step process. This is the third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
CHANGES:
1. Banners: Changes will allow special events to display a banner(s) on private property for a
limited period without having to obtain a sign permit. Currently, the code does not allow for
this. This change will save time, money, and expenses for businesses, non-profits, and City
staff.
2. Sign Illumination: Code changes will prohibit "Neon Appearing Signs" constructed using
LED light technology. The new language will also clearly allow "channel-letter" signs that
are lit with internal LED lights that are fully shielded from view. These lights would only be
allowed for Restaurant, Retail, and Lodge uses. These changes will allow for more creative
illuminated signs, while making the process easier to understand.
3. Sign Size: The Code changes will alter how the amount of signage for each business is
determined. Instead of using "business frontage" to determine the amount of signage
individual businesses may display, the new system will be based on the size of the business.
3.28.2013—Staff memo-Sign Code—First reading
Page 1 of 3
The new allotment structure mirrors the old allotments. Smaller businesses with less than
2,500 sq. ft. of space will receive 6 sq. ft. of allotment, larger businesses over 2,500 sq. ft.
will receive 8 sq. ft., and very large businesses of over 24,000 sq. ft. receive 20 sq. ft. This
will simplify the sign code, because the amount of signage a business may have will be based
on an objective standard, and eliminate the need for City Staff to interpret what is, and is not,
a frontage.
4. Sandwich Boards: There are two sandwich board sign changes. The first one allows the
rules for sandwich board signs to be extended to the entire City rather than just to the CC and
C 1 zone districts. The second change modifies the Code to strictly state that sandwich board
signs are only intended for restaurants and retail businesses where any service use is
incidental to the businesses' main core function. This would allow a ski shop that also tunes
skis to have a sandwich board sign, but would prohibit one for a nail salon that sells nail
polish.
5. Window Wraps: The proposed changes will make this section of the code clearer for
businesses, while also allowing for creative uses of window displays.
6. Outside clothing displays: The proposed changes will limit the display of clothing on
outdoor private public amenity space to 2 mannequins or 1 rack of no more than 6 feet in
length. The changes would also allow clothing displays using bins and boxes but prohibit
cardboard boxes.
Decision Points for Second Reading:
Staff believes that there are still a few policy directions that need to be resolved. Staff
recommends that these policy items be decided.on at second reading, and based on the Councils
decisions, a slightly modified and final Sign Chapter will be presented at the 2nd second reading.
The policy items are:
1. Should the sign code be two chapters or one?
a. Currently, all sign regulations for businesses is mingled with City policy for using
public property, such as light poles, main street banners, etc. This can create
confusion for businesses.
b. The chapter could be broken into two chapters - Private Property/Business Signs and
Signage on Public Property.
c. Staff is split on the best way to approach this issue, and is looking to Council for
direction.
2. Sandwich Board Sign Question.
a. The current rule only allows for 2 sandwich board signs in one location. The Code
states that if there are three or more signs in one location than they must all combine
into one sign. No one wants to do this, which creates a "race" to get their permit
submitted. The situation leaves staff in forced into a difficult logistical and
enforcement position on these signs. This leaves everyone in the situation very
3.28.2013—Staff memo-Sign Code—First reading
Page 2 of 3
unhappy with the process.
b. The options available to handle this situation are: a) Allow for an unlimited number
of sandwich board signs as long as they follow all other rules; or b) Eliminate
Sandwich Board signs; or c) Keep the rules the same.
Other Sign questions:
There are other items that have been communicated to staff as concerns. These include:
• Whether 10 days is the appropriate time frame for displaying temporary signs.
• Whether to allow signs to be placed on top of awnings.
• Whether or not the City should continue to allow hanging/projecting/b lade signs to be
exempt from sign allotments.
• Whether sign regulation should continue to be enforced for any interior signs placed
within 15 feet of a storefront.
• Whether or not 8 weeks should continue to be the correct time frame for "special sale
permit" sandwich board signs.
Staff has looked at many of these items, and feels that the proposed code properly deals with
these issues, and therefore does not recommend any further changes.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance.
RECOMMENDED MOTION(ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. , Series of 2013, approving code amendments to the Sign
Code and the Public Amenity sections of the Land Use Code."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A— Staff Findings
Exhibit B— Proposed Ordinance No_(Series 2013)
Exhibit C— Current Sign Code
Exhibit D— Approved Policy Resolution 118 (Series 2012)
3.28.2013—Staff memo-Sign Code—First reading
Page 3 of 3
Exhibit A: Staff Findings
26.310.050 Amendments to the Land Use Code Standards of review-Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step
Three—Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Findings:
The proposed code amendment is consistent with the Land Use Code. It updates code sections
that are already in place. Staff finds this criterion to be met.
B. Whether the proposed amendment achieves the policy, community goal, or objective
cited as reasons for the code amendment or achieves other public policy objectives.
Staff Findings:
In the fall 2012, City Council identified several goals for the upcoming year. One of those goals
was to make the city more business friendly. The changes in this amendment are in line with
those goals. Furthermore, the changes proposed in this amendment are in line with public
comment that has been received, and therefore staff finds this criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure that the regulation of signs and public amenity
space is done in a manner that balances the general needs of the City with the needs of City
businesses. Staff finds this criterion to be met.
3.28.13 Sign Amendments 151 Reading;Exhibit A
Page 1 of 1
ORDINANCE No._
(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 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:
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
SIGNS
Sections:
26.510.010 Purpose
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 1
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.
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.
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 2
H. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites.
I. 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.
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.
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 (also see Television monitors under Section 26.510.040.5 and Sign illumination under
Section 26.510.070).
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
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 3
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.
I. Roof signs. A sign mounted on a roof.
I Search lights or beacons except as approved per Subsection 26.575.150.H,Outdoor lighting,
Exemptions.
K. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon
any public right-of-way, adjacent lot or building other than the building to which the sign may be
accessory.
L. Signs containing untruthful or misleading information.
M. Signs creating optical illusion. Signs with optical illusion of movement by means of a
design which presents a pattern capable of reversible perspective, giving the illusion of motion or
changing of copy.
N. Signs obstructing egress. A sign which obstructs any window or door opening used as a
means of ingress or egress, prevents free passage from one part of a roof to any other part, interferes
with an opening required for ventilation or is attached to or obstructs any standpipe, fire escape or
fire hydrant.
O. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers, 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.
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
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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 confused with or purports to be an official
traffic sign, signal or device or any other official government regulatory or informational sign;
6. Uses any words,phrases, symbols or characters implying the need for stopping or
maneuvering of a motor vehicle or creates,in any other way, an unsafe distraction for vehicle
operators or pedestrians;
7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any
parking area, service drive, public driveway, alley or other thoroughfare;
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
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 5
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 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, freight entrances, accessibility routes,
restrictions on smoking or solicitation, delivery or freight entrances, affiliation with motor
clubs, acceptance of designated credit cards and other similar signs providing direction or
instruction to persons using a facility including courtesy information such as"vacancy," "no
vacancy,""open," "closed," and the like. Advertising material of any kind is strictly
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 6
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.
S. 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.
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. Also see section 26.510.110.13.5.
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
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 7
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.
b. All such signs shall be removed no later than seven(7) days after the election for which
they were made.
c. Political signs may not be placed on publicly owned property, rights-of-way adjacent to
public property, or within the State Highway 82 traffic way including the round-a-bout
and traffic islands. Political signs carried or worn by a person are exempt from these
limitations.
17. Property management/Vacation 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.
3.27.13 Draft/City of Aspen Land Use Code
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Page 8
b. Number. There shall not be more than one (1)real estate for sale or rent sign per unit.
c. Area. The area of the temporary sign shall not exceed three (3) square feet. When
multiple units are available, the area may be combined, but no one property shall have
more than twelve (12) square feet of signage announcing the sale or rental of units.
d. Height. The height of the temporary sign shall not exceed five(5) feet as measured from
the grade at the base of the sign.
e. Duration. The temporary sign may be used as long as the property is actively for sale or
rent but must be removed within seven (7) days of the sale or rental of the real estate upon
which the sign is located
f. Location- Real estate for sale or rent signs must be placed on 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 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
26.510.100.0 Residential Use Signs.
25. Street addresses on mailboxes.
26. Sandwich board signs carried by a person. Temporary sandwich board signs which are
carried by a person and are advertising or identifying a special, unique or limited activity,
service, product or sale of a limited duration or identifying a restaurant menu. There shall not
be more than one (1) such temporary sign per use at any one time. Sign must not exceed six
(6) square feet per side.
27. Security signs. Every parcel may display security signs not to exceed an area of six inches
wide by six inches long (6" x 6"). Security signs may contain a message, logo or symbol
alerting the public to the presence of a security system on the premises. Security signs shall
be of a neutral color. Security signs may not be placed in the City right-of-way.
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 9
28. Temporary food vending signs. The food vending permit must include details of the intended
signage including size, material and location.
29. Temporary sale signs and going-out-of-business signs. Going-out-of-business signs and
temporary sale signs, announcing special sales of products and services, shall be subject to the
following:
a. Type. The sign(s) shall be placed in the window or windows of the business holding the
sale.
b. Number. There shall be permitted not more than one (1)temporary sign(s) in any window
and a total of not more than three (3)temporary signs for each use.
c. Area. Each temporary sign shall not exceed three (3) square feet.
d. Duration. Temporary signs may be maintained for a period not to exceed ten (10) days
and shall be removed at the end of the tenth'(10th) day or on the day following the end of
the sale, whichever shall occur first and shall not be replaced for fourteen (14) days
following the removal of the sign(s).
30. Vending machine signs. Permanent, potentially internally illuminated but non-flashing signs
on vending machines, gasoline pumps, ice or milk containers or other similar machines
indicating only the contents of such devices, the pricing of the contents contained within,
directional or instructional information as to use and other similar information. Vending
machine signs that are 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. Anew 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
B. 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.
C. Application. A development application for a sign permit shall include the following
information:
1. That information required on the form provided by the Community Development Director;
2. A letter of consent from the owner of the building;
3. Proposed location of the sign on the building or parcel and material;
4. 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.
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 10
D. Determination of completeness. After a development application for a sign permit has been
received, the Community Development Director shall determine whether the application is complete.
If the Community Development Director determines that the application is not complete, written
notice shall be provided to the applicant specifying the deficiencies. The Community Development
Director shall take no further action on the application unless the deficiencies are remedied. If the
application is determined complete, the Community Development Director shall notify the applicant
of its completeness. A determination of completeness shall not constitute a determination of
compliance with the substantive requirements of this Chapter.
E. Determination of compliance. After reviewing the application and determining its
compliance and consistency with the purposes, requirements and standards in this Chapter, the
Community Development Director shall approve, approve with conditions or deny the development
application for a sign permit.
26.510.060 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.C, 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 at
one-half(1/2) the measured area(see Figure 1 on the following page). The cut-out letter sign credit
is given because these types of signs encourage transparency in regards to building materials and
store windows, or lessen the impact of signage on awnings. 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 to white
lettering in front of a black background on an awning that is otherwise completely red.
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 11
*Note: For the purposes of calculating cut-out letter signs for compliance with Section 26.510.110,
Sign Restrictions by Use-Type, the size of the cut-out letter sign shall be the final area after the
reduction has been applied. For example, a two by six foot (2' x 6') cut-out letter sign shall be
permitted on the wall of a retail use, given that after the reduction has been applied it is only
considered a (6) square foot sign.
S J,Z oan a T T h 0 0 a 0�
Figure 1: Above:Window sign with cutout letters. (8'x 1') * .5 =4 sq. ft. total
Below: Window sign with solid backing. 2' x 10' = 20 sq. ft. total
Bottom: Sign with irregular shape, 2' x 3' = 6 sq. ft. total
0 0
0 0 2 So Ek"'iB!5Co ThM SK-� n
�jj
0 0
_r
10'
Sign Area = 6 r
square feet
I
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 12
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
proportion
- Signs located
at same heieht to building
C
tt
MTt
1
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
ILL _.:
i3 1
Sign covering
architectural 111111��� Window signs far
feature more than 25% of
window area
Figure 3(Above): Undesirable Style
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 13
6.510.080 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 and a timer in order to minimize the
duration of illumination. Businesses are allowed no more than one backlit or illuminated channel-
letter sign.
A. 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.
E. Logo. A symbol or other small design adopted by an organization to identify its products,
uniform, vehicles, etc.
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 14
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.
I. 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. A window wrap may cover the entire window
surface.
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.
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.
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 15
26.510.100 Sign 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 at Sec. 26.575.020.I.
2. Projecting/Hanging Sign. The area of a Projecting/hanging sign is exempt from sign
allotment if:
a. The sign is installed perpendicular to the front facade 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 one (1)business directory sign. 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. '
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.
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:
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 16
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)
distinct 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. Sandwich board signs are intended for special sales, the advertisement of unique menus or
offerings at restaurant-establishments, and for businesses that are difficult to locate. 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 chalkboard. Dry erase
boards are prohibited. Sandwich board signs shall not be used as merchandise displays.
C. Only one (1) sandwich board sign is permitted per business and an annual permit must be
obtained. The size is not to exceed six (6) square feet per side.
D. Sandwich Board signs must be displayed 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. If
three (3) or more businesses that share the same means of access (i.e. exterior corridor, interior
corridor, or courtyard) all wish to display a sandwich board sign, then the businesses shall consolidate
signage onto one(1) sign.
3.27.13 Draft/City of Aspen Land Use Code
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E. Restaurants may display a sandwich board sign continuously if the sign is located on adjacent
private property.
F. "Hard to find businesses"may display a sandwich board sign continuously on the public
right-of-way if its location is identified on the City of Aspen Sandwich Board Sign Location Map.
Amendments to the map may be made administratively by the Community Development Director.
Locations were selected using the following criteria:
1. Business has no portion of a storefront that is parallel to the public right-of-way,
2. Business is provided access through a common entryway that is not exclusively used for the
said business, or
3. Business has a storefront that is obscured by another building, or portion thereof, on the same _
lot (i.e. interior courtyard)
H. Restaurants and Retail businesses may obtain special sales permits for the placement of
Sandwich Board Signs on public or private property. Special sales permits must be applied for, and
are granted by the Community Development Director. These permits are valid for one (1)week, and
no business shall receive more than eight(8) special sale sign permits within an annual year (January
1 —December 31).
26.510.140 Policies Regarding Signage on public property
Purpose of regulations. The purpose of these regulations is to establish reasonable regulations for the
posting of temporary signs, displays and banners on certain public property. The regulations herein
include Signage on public rights-of-way, banners and flags on light posts on Main Street, signs in
City parks, displays in City parks, signs hung across Main Street at Third Street, and signs on public
buildings. These regulations shall be read in conjunction with this Chapter and are not intended to
supersede the regulations of signs as set forth therein.
Temporary signs and displays provide an important medium through which individuals may convey a
variety of noncommercial and commercial messages. However, left completely unregulated,
temporary signs and displays can become a threat to public safety as a traffic hazard and detrimental
to property values and the City's overall public welfare as an aesthetic nuisance. These regulations
are intended to supplement this Chapter and to assist City staff to implement the regulations adopted
by the City Council. These regulations are adopted to:
1. Balance the rights of individuals to convey their messages through temporary signs or
displays and the right of the public to be protected against unrestricted proliferation of signs
and displays;
2. Further the objectives of this Chapter, Signs; and
3. Ensure the fair and consistent enforcement of the sign and display regulations specified
below.
This Section, Signs on public right-of-ways, states: "It shall be unlawful to erect or maintain
any sign in, on, over or above any land or right-of-way or on any property, including light
posts, belonging to the City without the permission of the City Council." Sign permits issued
by the City Manager or his or her designee,that are in conformance with these regulations
shall constitute City Council permission within the meaning of this Section, Signs on public
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 18
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-way means the entire area between property boundaries which is owned-by a
government, dedicated to the public use or impressed with an easement for public use; which
is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in
whole or in part, for such use; and includes without limitation the street, gutter, curb,
shoulder, sidewalk, sidewalk area,parking or parking strip, pedestrian malls and any public
way.
7. Sign means and includes the definition for sign as contained in Section 26.104.100,
Definitions, of this Code. The term shall also include displays as that term is defined above.
8. Sign, inflatable means any inflatable shape or figure designed or used to attract attention to a
business event or location. Inflatable promotional devices shall be considered to be
temporary signs under the terms of this Chapter and, where applicable, subject to the
regulations thereof.
B. Signs on public rights-of-way.
1. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily in
the public right-of-way. Temporary signs shall be permitted in public rights-of-way to
advertise noncommercial special events open to the general public provided the following
policies and procedures are followed. 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.
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 19
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.
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
3.27.13 Draft/City of Aspen Land Use Code
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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.
5. 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.
D. Signs in City parks related to special events in the City Park.
1. Purpose: Unattended signs are generally prohibited in City parks. Separate regulations apply
to temporary unattended signs placed in Paepcke Park(See below for those regulations.)The
purpose of this policy is to regulate unattended temporary signs that are permitted in limited
circumstances in City parks. The City recognizes that unattended temporary signs may be a
necessary element to many special events that are permitted in City parks in order to
communicate general information to the public and advertise services, products and offerings
as well as sponsorship of the special event. Accordingly, temporary unattended signs are
permitted, subject to these policies, when the signs are connected to a special event at a City
park for which a permit has been obtained from the City. Signs in City parks are typically
temporary in nature and review occurs through the Special Events Committee.
3.27.13 Draft/City of Aspen Land Use Code
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Page 21
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 Department for review
and approval for a fee as outlined in the current fee schedule. The applicant shall also submit
a refundable security deposit as outlined in the current fee ordinance to be applied to any
damages, repairs or the cost of removal if not corrected/removed by the applicant within three
(3) days. The applicant shall receive the necessary approval prior to the installation of any
signs. Applications must be received no later than thirty(30) days prior to the event.
5. Eligibility: Unattended temporary signs may be located in City parks only for the following
reasons: a special campaign, drive, activity or event for a civic, philanthropic, educational or
religious organization for noncommercial purposes for which a special event permit has been
obtained from the City. An exception to this regulation is six inch by thirty inch (6"x 30")
directional signs for commercial organizations using City parks.
6. Duration. Unattended temporary signs may be erected and maintained only for the duration
of the event or forty-eight (48)hours, whichever is 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 26.510.120.13 to City Council for review and approval.
E. Unattended Temporary Signs in Paepcke Park
1. Purpose: Unattended signs in public parks are prohibited with the exception to Paepcke Park.
The purpose of this policy is to regulate the placement of unattended temporary signs in
Paepcke Park that are civic, philanthropic, educational or religious in nature.
3.27.13 Draft/City of Aspen Land Use Code
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Page 22
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.
7. Maintenance: All signs shall be maintained in an attractive manner, shall not impede
vehicular or pedestrian traffic and shall not pose a safety risk to the public. The applicant
must work with the City Parks Department regarding all maintenance issues.
8. Exceptions: Any exceptions from the above requirements shall require City Council review
and approval.
F. Signs across Main"Street at Third Street.
1. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily
across the Main Street right-of-way at Third Street. Temporary signs shall be permitted in
this location to advertise noncommercial special events open to the general public provided
the following policies and procedures are followed. These regulations do not apply to banners
on the Main Street light posts or signs other than those hanging across Main Street at Third
Street.
2. Size/number/material: Banners must consist of the following specifications:
(1) Any type of durable material;
(2) Semi circular wind holes in banner;
(3) Metal rivets at all corners and every twenty four(24) inches along the top and bottom of
the banner;
(4) Size will be twelve (12) feet in length and three(3) feet in width.
3. Content/Location: No commercial advertising will be allowed, except in cases where a
sponsoring entity's name is part of the name of the event. In such cases,the organization
3.27.13 Draft/City of Aspen Land Use Code
Part 500—Signs
Page 23
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 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
I" 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.
3.27.13 Draft/City of Aspen Land Use Code
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Page 24
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/I, 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 amenity. 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 amenity. 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
City Council Ord#_of 2013
Sign Code Amendments
Page 25 of 30
permanent public access and is acceptable to the City Attorney. Off-site improvements
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#_of 2013
Sign Code Amendments
Page 26 of 30
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 public amenity, pursuant to Subsection
26.575.030.13 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#_of 2013
Sign Code Amendments
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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,
including, but not limited to, automated bike rental racks, movie rental kiosks, automated
City Council Ord#_of 2013
Sign Code Amendments
Page 28 of 30
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 sales 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 Property. 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 3: 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.
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.
City Council Ord #_of 2013
Sign Code Amendments
Page 29 of 30
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 22nd day of April, 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 day of 52013.
Attest:
Kathryn S. Koch,City Clerk Michael C. Ireland,Mayor
FINALLY,adopted,passed and approved this_day of ,2013.
Attest:
Kathryn S. Koch,City Clerk Michael C.Ireland,Mayor
Approved as to form:
City Attorney
City Council Ord#_of 2013
Sign Code Amendments
Page 30 of 30
MEMORANDUM
TO: Mayor and City Council
FROM: Jim Pomeroy, Code Enforcement Officer
THRU: Chris Bendon, Community Development Director VV)
RE: Policy Resolution: Sign and Public Amenity Space Code Amendments
Resolution 4-F,' Series of 2012
MEETING DATE: December 10, 2012
SUMMARY:
The attached Resolution outlines Council policy direction for code amendments related to the
downtown. The objective of the proposed code amendments is to help clarify and give direction for
commercial signs, as well as limiting outdoor displays of clothing, throughout town.
Once the Policy Resolution is approved, staff will bring an Ordinance to City Council that
amends the Sign and Public Amenity sections of the Land Use Code. The memo and resolution
summarize the policy direction received to date.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed resolution.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Sign and Public Amenity sections of the Land
Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority
for all code amendments.
All code amendments are subject to a three-step process. This is the second step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND& OVERVIEW:
After a work session on January 24th of this year, City Council directed Community
Development Staff to amend the Sign Code as well as the Public Amenity section of the Land
Use Code. During this session, Council gave Community Development Staff clear direction on
amendments, as well as general policy direction on others. .
Beyond working to compile public feedback, Staff has also implemented proposed amendments
of the Sign Code on an experimental basis this summer. These experiments were based on
Council direction, and focused on sandwich board signs and outdoor merchandising. The
direction taken and the reactions to those directions will be discussed later in this memo. The
attached Policy Resolution is based on the direction received at the January 24`h work session.
12.10.12—Sign Code Policy Direction
Page 1 of 4
TOPICS:
Changes to the Sign Code are focused on two areas:
• Clarifying for the public what types of signs are allowed and not allowed, including
modifying the sign illumination section to better correspond with changing technologies.
• Cleaning up discrepancies and scrivener errors within the sign code.
Changes to the Public Amenity section of the code will limit displays of clothing on outdoor
public amenity space
CLARIFICATION ON SIGN TYPES: Based on public and Staff feedback, certain sections of the
code relating to the allowed types of signs were either vague, or failed to meet the public's
needs, therefore the need to clarify which types of signs are allowed was required.
Public Feedback:
Based on public and Staff feedback, there was general support for the following items:
• Adding an option for special event banners.
• Adapting the lighting section to better handle LED lighting and backlit signs.
• Eliminating the concept of"Business Frontage".
• Simplifying the code to allow a set amount of signage for all downtown businesses.
• Modifying where sandwich board signs are allowed in the city.
• Limiting service businesses from displaying sandwich board signs.
• Altering the section on "window wraps."
• Modifying the amount of clothing it is appropriate for a business to display outside.
Initial Council Direction:
In previous meetings, City Council provided the following policy direction:
A. Staff should suggest appropriate limits to backlit signs like the one at the Molly Gibson
lodge.
B. Change the code to prohibit LED signs made to resemble neon signs.
C. Sandwich board signs for retail and restaurant uses should be allowed in all zone districts.
D. Staff should suggest alternatives to more effectively regulate window wraps while
allowing businesses the freedom to use them.
E. The section of the code detailing how much clothing businesses' can display outdoors on
private property should be limited.
F. Overall simplification
Staff Comments:
1. Staff suggests allowing special events to display a banner(s) for a limited period without
having to obtain a sign permit. This would allow special events such as the Food and Wine
Classic, Susan G. Komen Ride for the Cure, X-Games, etc. to display advertising that is
primarily informative in nature, and does not necessarily contain advertising for commercial
enterprises. This is an activity that already happens often in town. There are no standards
for these types of banners, and under our current code it is questionable if they are even
12.10.12—Sign Code Policy Direction
Page 2 of 4
allowed. Staff is often forced to either "read between the lines" to allow them, turn a blind
eye to them, or is forced to conduct enforcement actions to remove them. From staffs
perspective none of these are optimal, and it would be best if banners for worthwhile special
events were allowed under controlled circumstances.
2. Staff suggests that the code be amended to prohibit "Neon Appearing Signs", constructed
using LED light technology. Staff also suggests clearly allowing "channel-letter" signs that
are lit with internal LED lights that are fully shielded from view. Technology to minimize
the illumination duration would be encouraged. These lights would only be allowed for
Restaurant, Retail, and Lodge uses.
3. Currently the sign code section uses the concept of "business frontage" to determine the
amount of signage individual businesses my display and where those displays can be erected.
The actual definition of what constitutes a frontage is currently vague in the code, and it is
difficult to craft a definitive definition that would fit every architectural situation. Therefore,
Staff is recommending that the concept of frontage be eliminated from the code, and instead
each business will be granted a set amount of signage based on business type for them to use
as they so choose. This will have the effect of simplifying the sign code by making every
business type receive the same amount of signage throughout the City, and eliminate the
need for City Staff to interpret how much signage different businesses may receive.
4. Currently the code has a set amount of signage for some businesses, plus a variable amount
for others depending on size and number of frontages. Staff recommends changing the sign
allotment section of the code so that all businesses of the same type will receive the exact
same amount of signage square footage.
5. Based on public feedback, and Council direction, the Community Development Staff allowed
the rules for sandwich board signs to be extended to the entire City rather than just to the CC
and C 1 zone districts. Staff finds that the overall reaction to this change was positive, and
did not significantly expand the number of signs throughout town. Therefore Staff
recommends permanently changing the code to reflect this.
6. Sandwich board signs are allowed in the code for "retail and restaurant businesses." There
are businesses in the City that are primarily Service businesses that have an incidental retail
component. Some of these businesses are allowed to display a sandwich board sign because
of these retail components. In keeping with the intention of the code, Staff recommends
modifying the Code to strictly state that these sorts of signs are only intended for restaurants .
and retail businesses where the service use is incidental to the businesses' main core
function. This would allow a ski shop that also tunes skis to have a sandwich board sign, but - -
would prohibit one for a nail salon that sells nail polish.
7. Staff has found that the section of the code dealing with window wraps is vague and difficult
to enforce. Furthermore, Council expressed to Staff at their work session that there was
general acceptance to the idea of window wraps containing mostly images. Therefore, Staff
recommends changing this section to better reflect Councils wishes as well as making this
section clearer and easier to enforce.
12.10.12—Sign Code Policy Direction
Page 3 of 4
8. In the Public Amenity section of the code, businesses are allowed to display up to 12 linear
feet of clothing on outdoor private public amenity space. Council, at their work session,
recommended that Staff limit this to 2 mannequins or 1 rack of no more than 6 feet in length.
They also recommended that bins and boxes should also be eliminated. Therefore, Staff
recommends modifying the code to reflect these recommendations.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Policy Resolution.
RECOMMENDED MOTION(ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No. t�_, Series of 2012, approving a Policy Resolution outlining
direction for code amendments to the Sign Code and the Public Amenity sections of the Land
Use Code."
CITY MANAGER COMMENTS:
- - - - - - - - - - - - - - - -
12.10.12—Sign Code Policy Direction
Page 4 of 4
RESOLUTION N0.LU�
(SERIES OF 2012)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
CODE AMENDMENTS TO THE SIGN CODE AND PUBLIC AMENITY
SECTIONS OF THE LAND USE CODE.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore code amendments related to
the Sign Code and the Public Amenity sections of the Land Use Code; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach to gain feedback from the community on
potential code changes to the Sign Code and the Public Amenity sections of the Land Use
Code; and,
WHEREAS, the Public Outreach included three small group meetings,
discussions with the Community Development Staff, and a City Council Work Session;
and,
WHEREAS, the Community Development Director recommended changes to the
Sign Code and the Public Amenity sections of the Land Use Code; 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, 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:
Resolution No , Series 2012
Page 1 of 2
Section 1: Code Amendment Obeective
• The objective of the proposed code amendments is to clarify for the public what
types of signs are allowed and not allowed, including modifying the sign
illumination section to better correspond with changing technologies; clean up
discrepancies and scrivener errors within the sign code; and Change the Public
Amenity section of the code to limit displays of clothing on outdoor public
amenity space.
Section 2: General Policy Directions
City Council provides the following direction regarding amendments to the Sign Code
and the Public Amenity sections of the Land Use Code:
A. Adding an option for special event banners.
B. Adapting the lighting section to better handle LED lighting and backlit signs.
C. Eliminating the concept of"Business Frontage".
D. Simplifying the code to allow a set amount of signage for all downtown businesses.
E. Modifying where sandwich board signs are allowed in the city.
F. Limiting service businesses from displaying sandwich board signs.
G. Altering the section on "window wraps."
H. Modifying the amount of clothing it is appropriate for a business to display outside.
Section 5:
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 6:
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_day of 2012.
Michael C. Ireland,Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn S. Koch, City Clerk James R True, City Attorney
Resolution No , Series 2012
Page 2 of 2