HomeMy WebLinkAboutordinance.council.02-26ORDINANCE #02
SERIES OF 2026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING MUNICIPAL CODE TITLE 21.37 — STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES — FLAGS AND BANNERS ON LIGHT POLES AND ACROSS MAIN
ST, AND AMENDING TITLE 29 — ENGINEERING DESIGN STANDARDS, TO
INCLUDE STANDARDS FOR BANNERS AND FLAGS ON MAIN STREET LIGHT
POSTS AND SIGNS ACROSS MAIN STREET AT THIRD STREET.
WHEREAS, at present, the language pertaining to ,flags and banners to be hung on light
poles on Main Street and across Main Street are combined with all public signage in Section
26.510.120 - Policies regarding signage on public property; and,
WHEREAS, at a regular meeting on September 9, 2025, the Aspen City Council
("Council") adopted Policy Resolution #118, Series of 2025, which approved the policy
objective of amending the City of Aspen Land Use Code Section 26.510.120 - Policies
Regarding Signage on Public Property to remove from Title 26 the language on flags and
banners on and above Main Street; and,
WHEREAS, pursuant to Section 26.310.020, and the adopted policy objective, the
Community Development Director recommends Council consider deleting Section 26.510.120(c)
- Banners and Flags on Main Street Light Posts, and (f) — Signs Across Main Street at the Thud
Street from the Land Use Code, and adding the substantive portions of such provisions to the
Engineering code as these two sign types are within the right-of-way; and,
WHEREAS, provisions of Section 26.310.020(c) and (f) that pertain to design material,
size, standards, and policy will be placed within Chapter 21.37, as well as within the Banner
Standards document to be added to Chapter 29.01, pursuant to this Ordinance #02, Series of
2026; and,
WHEREAS, the proposed ordinance demonstrates all amendments via strikethroughs for
terms to be removed from the Municipal Code and additions in red text; and,
WHEREAS, the proposed ordinance allows for minor changes to material, size, and
process to be implemented without future Municipal Code ordinances; and,
WHEREAS, at a regular meeting on February 1 Oth, 2026, City Council by a five to zero
(5-0)vote, approved Ordinance 402, Series of 2026 on First Reading; and,
WHEREAS, at a regular scheduled meeting and properly noticed public hearing on
March 1 Oth, 2026, Council heard a presentation from City Staff, considered public comment, and,
City Council by a five to zero (5-0), approved Ordinance #02, Series of 2026 on Second
Reading; and,
Ordinance #02, Series of 2026
Amendments to the Municipal Code related to Banners and Flags
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WHEREAS, the Council finds that the adoption of this Ordinance is necessary for the
preservation of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1: Amendment to Chapter 29.01— [IN GENERAL]
City Council approves the following objectives for code amendments within Section 29.01 —
[GENERAL], as redlined in Exhibit A:
1. Add language pertaining to the Engineering Design Standards to reference the Banner
Standards document to be posted on the City of Aspen website and adopted by the
Engineering Department.
2. Add `Banner Standards' in the description of the purpose paragraph. (Section 29.01.010 —
Purpose and intent).
3. Add language adopting the Banner Standards into the Engineering Design Standards
(Section 29.01.030 —Adoption of banner standards). (Adopted by but located separately
from the Municipal Code.)
4. Modify the section names to keep the adoption of Engineering Standards, Banner
Standards, and Construction Management Plan requirements grouped together. (Section
29.01.030 —Adoption of construction management plan requirements, Section 29.01.070
— Variances, Section 29.01.080 — Right -of -entry, Section 29.01.090 — Stop work orders,
Section 29.01.100 — Violations and penalties, Section 29.01.110 — Violations and
penalties not to excuse abatement, and Section 29.01.120 — Reserved).
5. Modify the section name to keep the adoption of Engineering Standards, Banner
Standards, and Construction Management Plan requirements grouped together, and
include `Banner Standards' in the description of the applicability, review authority, and
review procedure paragraphs. (Section 29.01.040 —Applicability, Sectiot#1 ` 1.050 —
Review authority, and Section 29.01.060 — Review procedure)
Section 2: Section 21.37 — Flags and banners on light poles and across Main St`
City Council approves the following objectives for code amendments within Section 21.37. —
Flags and banners on lightpoles and across Main St, as redlined in Exhibit B:
1. Add language pertaining to the purpose, banner standards, eligibility,
size/number/material, cost/fees/procedures, banner permit application, and exceptions as
it relates to the Banner Standards.
Ordinance #02, Series of 2026
Amendments to the Municipal Code related to Banners and Flags
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Section 3•
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 4:
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 5:
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.
CPetinn 6-
A public hearing on this ordinance was held on the 1 Oth day of March, 2026, 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 1 Oth day of February 2026.
ATTEST:
Nicole Henning, City Cler
FINALLY, adopted, passed and approved this loth uuy %J1 lVXuI,.111,
Rachaet Richards, Mayor
ATTEST: APPROVED AS TO FORM:
Ordinance #02, Series of 2026
Amendments to the Municipal Code related to Banners and Flags
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Nicole Henning, City 4k
EXHIBITS
Katharine A. h son, City Attorney
A — Chapter 29.01 — [IN GENERAL], Redlines
B — Chapter 21.37 — Flags and Banners on Light poles and across Main Street, Redlines
Ordinance #02, Series of 2026
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1
Exhibit A to Ordinance #02, Series of 2026
TITLE 29 — ENGINEERING DESIGN STANDARDS
Chapter 29.01— [IN GENERAL] J
Chapter 29.01. - [IN GENERAL]
Sec. 29.01.010. - Purpose and intent.
The purpose of this Chapter is to ensure development in the City of Aspen meets minimum
engineering standards. It is the City's intent to establish Engineering Standards, Bander
Standards, and Construction Management Plan Requirements that will ensure the public health,
safety and welfare, preserve the community aesthetic, and promote efficient development within
the City limits of Aspen.
Sec. 29.01.020. -Adoption of engineering standards.
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby
adopted and incorporated herein by reference as if fully set forth those standards contained in the
Engineering Standards, as may be amended from time to time by City Council Resolution. At
least one (1) copy of the Engineering Standards shall be available for public inspection at the
Community Development Department, the Engineering Department and the City of Aspen's
website.
Sec. 29.01.030. - Adoption of banner standards.
Pursuant to the powers and authoritv conferred by the Charter of the Citv, there is hereb
adopted and incorporated herein by reference as if fully set forth herein, those standards
contained in the Banner Standards, as may be adopted and amended from time to time by the
City Engineer. At least one (1) copy of the Banner Standards shall be available for public
inspection at the Communitv Development Department, the Engineering Department and the
City of Aspen's website.
San 29 n, 030 Sec. 29.01.040. -Adoption of construction management plan
requirements.
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby
adopted and incorporated herein by reference as if fully set forth those regulations contained in
the Construction Management Plan Requirements Manual, as may be amended from time to time
by the City Engineer. At least one (1) copy of the aforementioned Manual shall be available for
public inspection at the Community Development Department, the Engineering Department and
on the City of Aspen's website.
Se-�29.01.040: Sec. 29.01.050. -Applicability.
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This Chapter applies to all construction, development, redevelopment, modifications and
additions to existing developments, any work within the right-of-way, and Title 26 development
applications and plats, annexations and vacations.
Unless specifically exempted, the provisions of this Chapter shall supplement any and all
existing laws and shall apply to all persons, without restriction, and to conditions arising after the
adoption thereof, to conditions not legally in existence at the time of adoption of this title, and to
conditions which, in the opinion of the city engineer or designee, constitute a distinct hazard to
life or property.
The Engineering Standards, Banner Standards, and Construction Management Plan
Requirements provide policies and design guidelines to city agencies, design professionals,
private developers, and community groups for residential and commercial development that
ensure the public welfare, preserve the community aesthetic, and promote efficient development
within the City limits of Aspen.
The City of Aspen shall use the policies, criteria and information including specifications and
standards in the latest edition of the Engineering Standards, Banner Standards, and Construction
Management Plan Requirements for the proper implementation of the requirements of this Title.
The Engineering Standards, Banner Standards, and Construction Management Plan
Requirements may be periodically amended as necessary to provide additional clarity or to
reflect procedural revisions or changes in construction or engineering practices. Such revisions to
these standards or requirements may consist of either "procedural" revisions or "technical"
revisions. Any other amendments to the Engineering Standards, Banner Standards, and
Construction Management Plan Requirements shall be adopted by City Council Resolution.
Examples include revisions that are considered major changes, changes in law and changes that
will cause significant increased cost or controversy.
See. 29 n1 ncn Sec. 29.01.060. - Review authority.
The City Engineer, or designee, is authorized to make and enforce the rules and regulations
contained in the Engineering Standards, Banner Standards, and Construction Management Plan
Requirements in order to carry out the intent of the standards and requirements of this Title.
Where no specific or applicable rules, regulations, or standards appear to be set forth in the
Engineering Standards, Banner Standards, Construction Management Plan Requirements, or
other rules, regulations, standards, guidelines, and recommended practices, as published by
professional associations, technical organizations, model code groups, and similar entities, may
be used by the City for guidance.
(a)
See 29n 1 06 Sec. 29.01.070. - Review procedure.
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Review process. The City Engineer shall have the authority on behalf of the City of Aspen to
determine that all design and construction is completed to a level that is equal to or exceeds the
requirements set forth in this Chapter, the Engineering Standards, Banner Standards, and the -and
Construction Management Plan Requirements.
aee 29 0 non Sec. 29.01.080. - Variances.
(a)
Authority. The City Engineer may grant variances to the Engineering standards. Variances are
deviations from the terms of this Chapter which would not be contrary to the public interest.
(b)
Standards. In order to authorize a variance from the Engineering standards or construction
management regulations, the following standards shall be met:
(1)
There exist practical difficulties and unnecessary hardships inconsistent with the purpose and
intent of the Engineering standards.
(2)
The issuance of a variance shall not compromise the safety of a site or structure.
(c)
Application. Requests for variances from the standards, policies or submittal requirements of this
document shall be submitted in writing with appropriate documentation and justification to the
City Engineer. An application for a variance from the Engineering standards shall include, at a
minimum, the following information:
(1)
The criteria from which the applicant seeks a variance.
(2)
A written justification outlining why the criterion cannot be met.
(3)
An alternate criteria or standard that is proposed to comply with the intent of the criteria from
which the variance is sought.
(4)
Ordinance 402, Series of 2026
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Supporting documentation, including necessary calculations, etc.
(5)
An explanation of any potential adverse impacts of the proposed variance to adjacent
landowners.
(6)
An analysis of the variance request must be signed and stamped by a Professional Engineer
licensed in the State of Colorado.
Upon receipt of a complete application for a variance, the City Engineer shall prepare a
statement, approving, approving with conditions, or denying the variance. During the course of
reviewing the requested variance, the City Engineer may request additional information needed
to make a decision. The City Engineer may also request modifications of the proposed variance.
(d)
Expiration. Except as otherwise established in this Title or through vesting of a site specific
development plan pursuant to Title 26, a variance granted under this Chapter shall automatically
expire after twelve (12) months from the date of approval unless a building permit application
submittal is accepted by the Chief Building Official.
The City Engineer may grant an extension to an approved variance. All requests for extensions
must be submitted prior to the expiration of the variance, must demonstrate good cause showing
the extension is necessary, and must demonstrate that the circumstances for granting the variance
are still applicable.
(e)
Appeals. An applicant may appeal a variance decision pursuant to Section 29.02.110, Appeals.
See 29 0 090 Sec. 29.01.090. - Right -of -entry.
Upon presentation of his or her credentials, the City Engineer or his or her duly authorized
representative may enter at any reasonable time any building, structure or premises in the City
that is the subject of an active building permit to perform any duty imposed upon him or her by
this Code.
See 29 ni 090 Sec. 29.01.100. - Stop work orders.
Whenever any construction or other work is being performed contrary to this Code the City
Engineer shall order the work stopped by notice in writing served on any person engaged in the
doing or causing of such work to be done. It shall be unlawful for any person to fail or refuse to
obey such order. Each day that one so notified, or any other person who can reasonably be
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expected to be informed of the notice, fails to comply with the order shall constitute a separate
offense.
See. 29.0 1. inn. Sec. 29.01.110. - Violations and penalties.
Any person violating any provision of this Chapter may be punished by a fine, imprisonment or
both a fine and imprisonment, as set forth in Section 1.04.180 of this Code. Each day any
violation of this Chapter shall continue shall constitute a separate offense.
See. 290 110. Sec. 29.01.120. - Violations and penalties not to excuse abatement.
The application of any penalty under this Chapter shall not constitute the condoning or legalizing
of any prohibited condition or prevent the abatement or enforced removal of such condition by
any lawful means available to the city.
See. 29.0 .120 Sec. 29.01.130. - Reserved.
Ordinance #02, Series of 2026
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Exhibit B to Ordinance #02, Series of 2026
Chapter. 21.37. — Flags and Banners on Light Poles and Across Main St.
Section 21.37.010. Purpose.
Banners and fla.jzs hung from light poles have traditionally been permitted to further a
variety of interests, such as to celebrate special events of community interest. The
purpose of these policies and regulations is to clarify the manner of displaying banners or flags
hung from the City -owned light posts and across Main Street at Third Street.
Section 21.37.020 Banner Standards.
Banners and flags displayed on light poles or spanning Main Street should comply with the
Banner Standards (as adopted in 29.01.030). Except as specifically set forth herein, Banner
Standards shall set forth eli ig bility, size and material specifications, and applicant procedure. At
least one (1) copy of the Banner Standards shall be available for public inspection at the
Community Development Department, the Engineering_Department and the City of Aspen's
website. Banner Standards may be amended from time to time by Resolution of the City Council.
Section 21.37.030 Eli ibg ility
Only City owned banners are permitted to go on light posts or across Main St.
Section 21.37.040. SizeNwnber/Material.
Banner Standards shall set forth flag and banner size, number, and material specifications.
Section 21.37.050. Col?y.
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_
Section 21.37.060 Cost/Fees/Procedures.
The cost of installation is outlined in the current fee schedule as amended from time to time, and
must accompanytpplication form and be reviewed in the Engineering department thirty(301
days prior to the date the banner will be hung. All organizations will be charged the same rate
accordingly. For the duration of the application process, ownership of the banners shall be
transferred to the City of Aspen.
Section 21.37.070 Banner Permit Application.
A banner permit application must be obtained from the Engineering department and completed
by the party makingthe he request and submitted to the Engineering_department no less than thiju
(30) days prior to the date requested to hang the banner. The exact legend of the banner must be
Ordinance #02, Series of 2026
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indicated in writing (see specific area on application form). Sponsors are advised that banners are
most visually effective when kept simple: i.e., event, date organization and logo.
Section 21.37.080
Exceptions. Any exceptions from the above requirements shall require City Council review and
approval.
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