HomeMy WebLinkAboutresolution.council.101-17 RESOLUTION NO. 101
(SERIES OF 2017)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
CODE AMENDMENTS TO THE CITY'S SIGN REGULATIONS IN
ACCORDANCE WITH THE REQUIREMENT OF THE SUPREME COURT
DECISION IN THE CASE OF REED V. TO WN OFGILBERT, ARIZ., 2015.
WHEREAS,pursuant to Section 26.310.020(A), a Policy Resolution is required to
initiate the process of amending the City of Aspen Land Use Code; and,
WHEREAS,the United State Supreme Court found in the case of Reed v. Tou,n of
Gilbert, Ariz. (2015) (Reed) that commercial and non-commercial signage are forms of
speech protected under the First Amendment to the Constitution of the United States; and,
WHEREAS, the Community Development Department and consultants White &
Smith,LLC conducted research into national best practices regarding sign code compliance
with Reed to aid in the drafting of revised sign regulations; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with community members and stakeholders, the
Planning &Zoning Commission, the Historic Preservation Commission, and City Council
regarding the amendments to the sign code; and,
WHEREAS,amending the Land Use Code to comply with the requirements of Reed
will ensure the ongoing effectiveness and viability of the sign regulations within the City of
Aspen 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, pursuant to Section 26.310.020(13)(2), during a duly noticed public
hearing on July 10, 2017, the City Council approved Resolution No. 101, Series of 2017, by
a 4 to 0 vote,,requesting code amendments to the Land Use Code; 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:
Section 1: Code Amendment Objective
Reed Compliant Sign Code Amendments
Resolution No. 101, Series 2017
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The goals and objectives of these code amendments are to:
1. Comply with the requirements of First Amendment (free speech) caselaw; and,
2. Ensure the appropriate balance of signage and community aesthetics; and,
3. Maintain public health, safety, and welfare by preventing sign clutter, distractions.
from roadways and obstructions from signage; and,
4. Provide opportunities for commercial and non-commercial signage in commercial and
residential zone districts; and,
5. Limit the proliferation of excessive signage in commercial and residential zone
districts; and,
6. Ensure that sign regulations meet the informational, advertising, wayfinding and
speech needs of residents, businesses and visitors.
Section 2: Sign Code Amendment Direction from Council
City Council provided the following general direction in work sessions related to these code
amendments:
1. To the extent possible, maintain the status quo when it comes to sign quality and
design, particularly regarding the size, quantity, and types of signs available.
2: Develop a licensing system for the use of city property (e.g. light poles and banners
over Main Street) for the display of signs.
3. Develop a single, government-required, comprehensive construction sign inclusive
of public safety and related copy for display on permitted construction sites.
4. Continue to allow temporary signs on properties in residential areas.
5. Ensure the continued, limited availability and use of sandwich board signs in
appropriate commercial zone districts while preventing the proliferation of such
signs. To the extent possible, use sandwich board signs to support Council's second
tier space policies. .
6. Limit the time that vehicle signage may be displayed to ensure that Street Blimps
and other forms of vehicle signage is controlled, while not precluding commercial
speech on vehicles that is incidental to the primary use of the vehicle.
7. Ensure that marijuana businesses are provided a means other than full-coverage
window wraps to comply with State of Colorado requirements for the separation of
displays and sales areas from rights-of-way.
8. Limit the use of window wrap signs to the following zone districts: CC, C-1,NC,
SCI, L, CL, EBO. Ensure that an appropriate proportion of such signs is available
for copy.
9. Continue to allow for the display of televisions, such as televisions in bars, while
preventing the proliferation of those displays.
10. Eliminate the special allowance for signs in Paepcke Park, and include Paepcke Park
in the process for sign permitting in other parks in association with a special event.
11. Ensure that halo lighting and other backlit signs do not create a public health
nuisance by controlling the brightness of such signage in accordance with the City's
existing lighting regulations and industry best practices.
Section 3:
Reed Compliant Sign Code Amendments
Resolution No. 101, Series 2017
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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 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.
FINALLY, adopted this 10°i day of July, 2017.
n
Steven Skad on, Mayor
ATTEST: APPROVED AS TO FORM: .
Linda Manning,City Cler aures R True, City Attorney
Reed Compliant Sign Code Amendments
Resolution No. 101, Series 2017
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