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HomeMy WebLinkAboutordinance.council.034-99 y~ I ORDINANCE NO. ~ (SERIES OF 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.104.100, DEFINITIONS, "SIGN" AND SECTION 26.510, SIGNS (" WHEREAS, The Community Development Department developed, reviewed and recommended approval of an amendment to the land use regulations, certain text amendments to Chapter 26 relating to Section 26.1 04.1 00, Definitions, related to the definitions of "Signs"; and Section 26.510, Signs, related to window displays; and WHEREAS, pursuant to Section 26.310.020 of the Municipal Code, amendments to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, the Community Development Department reviewed the proposal and recommended approval; and WHEREAS, the Planning and Zoning Commission reviewed the application at its regular meeting on August 3, 1999, at which the Commission approved by a 6-0 vote the exclusion of window displays from the sign code regulations; and WHEREAS, the City Council reviewed the application at its regular meeting on August 9, 1999, at which on first reading the Council approved by a 5-0 vote the exclusion of window displays from the sign code regulations; and WHEREAS, the Aspen City Council has reviewed and considered the proposed text amendments, has reviewed and considered those recommendations of the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the text amendments as drafted, are consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: ~ 1 ;~ Section 1: as follows: That Section 26.104.100, Definitions, shall be amended to hereafter read Sign. An object, device, symbol, light or structure that is intended to convey information or to advertise, that is freestanding or fixed to, painted on, placed on, or incorporated into the surface of the structure, or that is displayed from or within a structure. Window displays of merchandise, and representations thereof, are not considered signage and shall no be subject to sign regulations (see Section 26.510.140, Signs-Window Displays). Section 2: That Section 26.510.140, Signs, be amended hereafter to include the language as follows: 26.510.140 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, except the following are prohibited in window displays: a) b) Televisions, computer monitors, or other similar technological devices that create oscillating light. Neon or other gas tube illumination, rope lighting or low-voltage strip- lighting. o 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 ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. ~. Section 6: ) A public hearing on the Ordinance was held on the 13th day of September, 1999 at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) 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. 2 ~\ ..~ ~. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 9th day of August 1999. ATTEST: ~~~ Kathryn S. och, . Clerk FINALLY adopted, passed and approved this 13th day of September 1999. ATTEST: k 4