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Home My WebLink Aboutordinance.council.01-26ORDINANCE #01 SERIES OF 2026 AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE LAND USE CODE RELATED TO CHAPTER 26.510 — SIGNS, FOR THE PURPOSE OF RELOCATING TWO SUBSECTIONS WITHIN SECTION 26.510.120 — POLICIES REGARDING SIGNAGE ON PUBLIC PROPERTY, TO TITLE 21 — STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, AND TITLE 29 — ENGINEERING DESIGN STANDARDS, TO PROVIDE ENGINEERING OVERSIGHT OF SIGNS IN THE RIGHT OF WAY. WHEREAS, the Land Use Code requires periodic amendments to ensure it supports effectiveness throughout City departments and external stakeholders; and, WHEREAS, amendments to the Land Use Code may be initiated by the Community Development Director pursuant to Section 26.310.020; and, WHEREAS, at present, the language pertaining to flags, banners, and signs hung on light posts within the Right of Way and across Main Street at Third Street are regulated within Section 26.510.120 - Policies regarding signage on public property in Title 26; and, WHEREAS, Community Development has found it appropriate to amend the Land Use Code to relocate two subsections within Section 26.510.120(c) - Banners and Flags on Main Street Light Posts and Section 26.510.120(f) - Signs Across Main Street at Third Street, to Title 21 - Streets, Sidewalks, and Other Public Places and Title 29 - Engineering Design Standards to improve coordination with the Engineering Department and the Colorado' Department of Transportation; and, WHEREAS, during a City Council Regular Meeting on September 9, 2025, pursuant to Policy Resolution #118, Series of 2025, City Council gave Community Development Staff formal policy direction to relocate the two sections of the Land Use Code as noted above; and, WHEREAS, the proposed procedure for relocating these provisions is to delete in their entirety, Section 26.510.120(c) - Banners and Flags on Main Street Light Posts and Section 26.510.120(f) - Signs Across Main Street at Third Street from the Land Use Code pursuant to this Ordinance 41, Series of 2026 and to add the substantive portions of such provisions to Title 21, and Title 29, pursuant to Ordinance #02, Series of 2026; and, WHEREAS, at a regular meeting on February 10, 2026, City Council by a five to zero (5-0) vote, approved Ordinance #01, Series of 2026 on First Reading; and, WHEREAS, at a regular scheduled meeting and properly noticed public hearing on March 10, 2026, Council heard a presentation from City Staff, considered public comment, and City Council by a five to zero (5-0) vote, approved Ordinance #01, Series of 2026 on Second Reading; and, Ordinance #01, Series of 2026 Signs and Banners Land Use Code Amendments Page 1 of 9 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Section - 26.510.120 — Policies rezardinm signage on public property The following two subsections of Section 26.510.120 — Policies regarding signage on public property, are hereby deleted in their entirety: • Section 26.510.120(c) -Banners and Flags on Main Street Light Posts, and • Section 26.510.120(f) - Signs Across Main Street at Third Street. Other provisions within Section 26.510.120 are hereby amended to reflect these changes. All amendments set for in this Ordinance #01, Series of 2026, are reflected in Exhibit A. The amendments being removed are delineated in red with strikethrough. Text being added is shown in red and underlined. Text which is not highlighted is not affected Section 2: _l; • _ Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 3: 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on this ordinance was held on the 10th day of March 2026, at a meeting of the Aspen City Council at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 Oth day of March 2026. Ordinance #01, Series of 2026 Signs and Banners Land Use Code Amendments Page 2 of 9 ATTEST: Nicole Henning, City herk Rac ael RicharddMayo, FINALLY, adopted, passed and approved this 1 Oth day of March 2026. Rachael Richards, Mayor ATTEST: APPROVED AS TO FO Nicole Henning, City Cler Katharine A. J son, City Attorney EXHIBITS A — Section 26.510.120 — Policies regarding signage on public property Redlines Ordinance #01, Series of 2026 Signs and Banners Land Use Code Amendments Page 3 of 9 Exhibit A to Ordinance #01, Series of 2026 Sec. 26.510.120. - Policies regarding signage on public property. The purpose of these regulations is to establish reasonable regulations for the posting of temporary signs, displays and banners on certain public property. These regulations include signs on public rights -of -way, banners and flags an light posts on MainStreet—,signs in City parks, displays in City parks, signs hung aefess AiTain Sheet at Taira ctreet,and signs on public buildings. These regulations shall be read in conjunction with this Chapter and are not intended to supersede this Chapter's regulation of signs. 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: (a) Balance the rights of individuals to convey their messages through temporary signs or displays and the right of the public to be protected against unrestricted proliferation of signs and displays; (b) Further the objectives of this Chapter; and (c) Ensure the fair and consistent enforcement of the sign and display regulations specified below. This Section, "policies regarding signage on public property," 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 rights -of -way. 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. 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: (1) 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. (2) 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. (3) 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. (4) Flag means any fabric or bunting containing distinctive colors, patterns or symbols, which meets the dimensional requirements and is intended to be installed on municipal light posts. Ordinance #01, Series of 2026 Signs and Banners Land Use Code Amendments Page 4 of 9 (5) 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. (6) 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. (7) 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 are permitted in public rights -of -way if 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 within Title 21 — Streets, Sidewalks, and Other Public Places and Title 29 - En ing eerin Design Standards. (2) Size/Number/Material. Only two (2) signs per person/event/organization are permitted. Signs shall not exceed ten (10) square feet each and banners shall not exceed fifty (50) square feet. Banners must be made of nylon, plastic or similar type material. Paper signs and banners are prohibited. (3) 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 ChaptetFSection 26.104.072, Zoning review fFees, of this Code. Applications must be received a minimum of thirty (30) days prior to the event. The applicant shall also submit a refundable security deposit as outlined in the current fee schedule to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three (3) days. (4) Duration. Temporary signs authorized pursuant to this Section shall be erected and maintained for a period not to exceed eighteen (18) days. (5) 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. (6) Exceptions. Any exceptions from the above requirements shall require City Council review and approval. -- Ordinance #01, Series of 2026 Signs and Banners Land Use Code Amendments Page 5 of 9 .' :. Non 11� �&AVGi � .. ' / ' py The C 4y reserves right to r hues` n1� n Co the design, eel er 0r r ,t . T�,E-) b Y j' . i )r- ei t: assist the appliea tin ea plyi ng with this polle31- sehedule as amended ffem time to time. A refundable seeur-ity deposit as outlined in the eurrent fee sehedule shall be required to assur-e F-eplaeement of damaged banners nni-1 retr-ie rnl of the lmTrs fr�rtho City (see Seetio (g) below fi r maintenanee r-equirements). The applieant shall submit an appheation to the City Manager's offiee showing the dimensions, gn and eeler-s of the proposed banners or flags least t f months prior- Flags afe re -quite T4� DepaAment one (1) week pfier- to the be dv {�� e Utility �'rr}}ment on Fr-idays at least [-pV,-c-( weeks p6of to their installation. (6) Duration. The display of banners and flags on the Main Street li& posts shaI4 not exeeed foufteen (14) days or- the duration of the event, Whiehever- is 7qq7 less. (7) APrioFof b_apmGTS or flags on City stfetlight. posts, the appliean4 shall provide to the G4y a number of feplaeefnent flags e banners to be detefmined by the City. These r-eplaeement flags or- bafmers shall be used by the City to r-eplaee banners or- flags that are stolen or- damaged. The Ges of replaeing banners or- flags shall be dedueted ffofn the security deposit. One-e banners hme been r-emoved, the appheant shall be required to piek up the bamefs from the Git�, within three (3) days. WLc) Signs in City Parks. `lam (1) Purpose. Unattended signs are generally prohibited in City parks. The purpose of this policy is to regulate unattended temporary signs that are permitted in limited circumstances in City parks. (2) Size/Number/Material. Unattended temporary signs located in City parks shall be limited in size to three (3) feet by six (6) feet. Two (2) signs per person, organization or 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) Location. Signs shall be set back at least ten (10) feet from the public right-of- way. Ordinance #01, Series of 2026 Signs and Banners Land Use Code Amendments Page 6 of 9 (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) 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. (6) 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 ensure compliance. Ordinance #01, Series of 2026 Signs and Banners Land Use Code Amendments Page 7 of 9 Cdd..T1T,l bap ers should oiildbp�.rer-eC�rCd irree ly to the E'i e� ors � C1mTIent, � �.1� il�� 7 hivh in lannted i„ ba nk of the Post nffina at 719 D»rry Smith Road, by i 1 room the Friday pfior- to the R/ler,.-aay �-�al'1g dn�r��r br�ria eliye,fed noon �11V 1 lI 11,�' l/LLl ili Gii-� by noon the prior- Friday is stibjeet to a* additional fifty dollar- ($50.00) e.. Please pinek up the banner ffein the EleeCi1e Department within thirty (30) days after- the display week(s). The City assumes no recronsibil ty bµpme�fs, and any -_—npr�=more than thirty (30) days may be disear- a� d (✓) iliRiii%ift. The vitcvravidaccvnee to hnrt four- i4i cirrla sided bnrrarn an two (2) double sided bannefs aer-ess Main Stfeet. Resen,ations will be taken eae year o November 1 &-fnr th�fnll�� The first errrnr�izntiori t.� have hair iVi lie 1V11V r♦ 111C ) vul. eentraet negotiated, signed and paid will be eff�red the bamer- spaee on a first eeme fi fst serve basis One (i) banner-, per - event, may be hung for- n mn •imiim of fo irtee guaranteed r�teed and n will only be hung 11 Y1l�1'n�rnilabil ty of the E en}�n Depaftb-�ert b uul uul.�✓1 � f �i 7ZG�J ��1i 11 J�D'G�7�T1�11112GTIL staff. The nt�� o f time that nt�r.er in k, ie � t t ar-a tee may be 1�i Ie�gTir'QI�,Tiri'GZTLCCL�'�L�7SIGTTTC�P�iT �[L[iT[irCGGCCZ� City,shoftened at the diser-etion of the City. Based on his/hef judgment as to the bes interest of the the Gity Managef may detefmine whieh banners are to be ga r�en here afe multiple the safne time per (v ) &-eeptions.. Any e a ifrom thba��_GiT ets shall requiTet, Gity �i remG71ir� pp Ge inei d reyie�y ar�ar-eya4 , (g)-Ldd) Signs on Public Buildings. (1) Purpose. This subsection establishes a policy for the installation of sign on public buildings owned by the City. (2) Eligibility. Only City -owned signs are permitted on public buildings. (3) Size/Number/Material. All proposed signs should meet the City's specifications for size, mounting and material. (4) Copy. The City reserves the right to request changes to the design, color or copy in order to assist the applicant in complying with this policy. (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 subsection (7g) below for maintenance requirements). The applicant shall submit an application to the City Manager's office showing the dimensions, design and colors of the proposed signs. (6) Duration. The display of signs on public buildings shall not exceed fourteen (14) days or the duration of the event, whichever is less. (7) Maintenance. Prior to the placement of signs on public buildings, the applicant shall provide to the City a number of replacement signs, which matching the existing signs, to be determined by the City. These replacement signs shall be used by the City to replace signs that are stolen or damaged. The cost of replacing signs shall be deducted from the security deposit. Once signs have been removed, Ordinance #01, Series of 2026 Signs and Banners Land Use Code Amendments Page 8 of 9 the applicant shall be required to pick up the signs from the City within three (3) days. Ordinance #01, Series of 2026 Signs and Banners Land Use Code Amendments Page 9 of 9