HomeMy WebLinkAboutordinance.council.022-17 1
ORDINANCE No. 22
Series of 2017
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING CODE
AMENDMENTS TO LAND USE CODE CHAPTER 26.510—SIGNS AND PART
26.100.104—DEFINITIONS.
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 craft code amendments to amend the City's sign regulations; and,
WHEREAS, the City has conducted an extensive public outreach process on its sign
regulations, including a project page on AspenCommunityVoice.com, individual meetings with
stakeholders and regulating agencies including the Aspen Resort Chamber Association, the
Aspen Board of Realtors, the Commercial Core and Lodge Commission, the Historic
Preservation Commission,and the Planning and Zoning Commission to disseminate information
about Reed, describe some of the amendments that may be required under Reed, and gather
feedback on those aspects of the sign code that are within their expertise; and
WHEREAS,the Aspen City Council met in work sessions on April 18, 2017 and June 13,
2017; and provided general direction on the City's sign regulations; and
WHEREAS, pursuant to Section 26.310.020(B)(2), during a-duly noticed public hearing
on July 10, 2017, the City Council approved Resolution No. 101, Series of 2017, by a five to zero(5
— 0) vote, requesting code amendments to the Land Use Code to implement the Aspen Area
Community Plan;and,
WHEREAS,the City regulates signs to:
• Protect the rights of all persons to freedom of expression; and,
• Protect the unique aesthetics and visual heritage of the City; and,
• Maintain public health, safety, and welfare by preventing sign clutter,
distractions from roadways and obstructions from signage; and,
• Provide opportunities.for commercial and non-commercial signs in commercial
and residential zone districts; and,
• Limit the proliferation of excessive signs in commercial and residential zone
districts; and,
• Ensure that sign regulations are adequate to accommodate the informational,
advertising, wayfinding and speech needs of residents, businesses and visitors.
WHEREAS, signs are a form of speech protected under the First Amendment to the
Constitution of the United States, and a 2015 United States Supreme Court decision(Reed v. Town
of Gilbert) requires local governments to review and revise their sign regulations to ensure that
those regulations emphasize the dimensional,design and location of signs rather than their content;
and,
WHEREAS, the Community Development Department and consultants White & Smith,
LLC conducted research into national best practices regarding sign code compliance with First
Amendment principles 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 First Amendment principles 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, 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. Chapter 26.510 shall be rescinded and readopted as follows:
TITLE 26
LAND USE REGULATIONS
PART 500— SUPPLEMENTARY REGULATIONS
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 through an appropriate balance of
signage and community aesthetics.
E. Allow for the communication of information necessary for non-commercial and commercial
purposes.
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. Protect the public from the dangers of unsafe signs and require signs to be constructed,installed
and maintained in a safe and satisfactory manner.
J. 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.
K. Regulate signs in a manner that does not interfere with, obstruct vision of or distract motorists,
bicyclists or pedestrians.
26.510.020 Applicability and Scope
A. Generally. This Chapter applies to all signs within the City, except for signs permitted
through an approved Planned Development.
B. No Restriction on Content. No provision of this Chapter shall be construed to regulate or
restrict sign content or message. Any sign authorized in this Chapter may contain any commercial
or non-commercial copy in lieu of any other copy.
C. Signs Required by Law. The City of Aspen is subordinate to the laws of the federal
government and state of Colorado. This Chapter does not prohibit signs, sign locations, or sign
characteristics that are required by state or federal law.
26.510.030 Prohibited Signs
The following signs are prohibited for erection, construction, repair, alteration, relocation or
placement in the City.
A. "A" Frame,Sandwich Board and Sidewalk or Curb Signs as defined in section 26.100.104.
B. Permanent Banners and Pennants except as approved by the Special Events Committee per
Section 26.510.120.
C. Billboards and Other Off-Premise Signs. Billboards and other off-premise signs are
prohibited, except as a temporary sign as provided for in Section 26.510.040.A, Signs Not
Requiring a Permit. [Note: this prohibition includes security company signs, which do not comply
with the regulations set.forth in*this Title.]
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. Moving/Variable Message Signs. Electronically controlled copy changes, or any other signs
that move or use movement to emphasize text or images are prohibited. Objects independent of a
sign or objects on a sign that move, rotate, or revolve and do not include text or images are
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. Portable and Wheeled Signs except as allowed elsewhere in this section.
H. 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.
J. 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.
K. Signs Containing Unprotected Speech. Signs containing material that advocates and incites
imminent lawless action, obscenity, defamation, speech integral to criminal conduct, child
pornography, or threats to the public health, safety and general welfare are not protected by the
First Amendment to the United States Constitution or Article II, Section 10 of the Colorado
Constitution and are prohibited.
L. 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.
M. 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. A sign which obstructs the free movement of pedestrians on sidewalks, pedestrian
malls, trails or any other public access way.
N. 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 or
commercial service or activity, or direct people to a business or commercial 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 for transportation.
O. Street Blimps.
1. Prohibition. Street Blimps are prohibited. A "Street Blimp" means any advertising
display that is attached to a motorized or non-motorized vehicle, device, or bicycle that
carries,pulls,or transports a sign or billboard,and is for the primary purpose of advertising.
2. Exemption. A "Street Blimp" does not include a sign that is permanently affixed to the .
body of, an integral part of, or a fixture of a motor vehicle for permanent decoration,
identification, or display and that does not extend beyond the overall length, width, or
height of the vehicle. Examples include license plates installed in accordance with state
law. "Permanently affixed" means any of the following: (a) painted directly on the body
of a motor vehicle, (b) applied as a decal on the body of a motor vehicle, or (c) placed in a
location on the body of a motor vehicle that was specifically designed by a vehicle
manufacturer, in compliance with both state and federal law or guidelines, for the express
purpose of containing an advertising sign.
A "Street Blimp" does not include "Human Street Blimp," which is a sign carried by a
person for a fee. There shall not be more than one (1) Human Street Blimp displayed at
any one time in the City, and the signs shall not exceed six (6) square feet in area.
P. Strings of Light and Strip Lighting. Strip lighting outlining commercial structures and
strings of light bulbs used in any connection with commercial premises unless the lights are
shielded and comply with Section 26.575.150, Outdoor lighting. This does not preclude the
use of holiday and decorative lighting in accordance with this Section and Section 26.575.150,
Outdoor lighting.
Q. 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 bean official
traffic sign, signal or device or any other official government regulatory or informational
sign;
6. Creates 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. Except as otherwise provided for in this section, temporary signs are not
allowed.
26.510.040 Signs not requiring a permit
The following signs or sign activities do not require a sign permit. This exemption does not relieve
the applicant and owner of the sign from the responsibility of complying with all applicable
provisions of this Title. The exemption applies only to the requirement for a sign permit under
this Section.
A. Ordinary Maintenance. Ordinary preventive maintenance including repainting of a
lawfully existing sign, which does not involve a change of placement, size, lighting,height,
or appearance.
B. Temporary Freestanding or Wall Signs During Construction.
1. In addition to signs allowed for any residential or commercial property elsewhere in
this code, one (1) freestanding or wall sign is allowed along each property lot line
facing a street while a site is under construction with the specifications provided by
the Building and Engineering Departments. This sign may be erected and maintained
after the building permit is issued and while the permit for the property is active.
2. In addition to the signs listed in subsection I above, up to six (6) signs displayed for
the purposes of public safety and wayfinding may be located on site during the period
the building permit for the property is active. These may be mounted on a screening
or security fence or gate, on a job site trailer, or as stand-alone signs. The total sign
area may not exceed 40% of the dimensions of the gate, fence, trailer, or structure on
which the sign is affixed. These regulations do not prevent the display of signage
required for local, state and federal safety and regulatory compliance.
C. Designated Public Posting Signs. Signs in the public right of way (examples include
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.
D. Incidental Signs. Signs, not exceeding two (2) square feet in area for an individual sign
or occupying a cumulative area of no more than 10% of the front building fagade. (Note:
Typical uses of these signs include those providing essential wayfinding and facilities
information, 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 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 is prohibited on incidental signs. The maximum size established above does
not apply to signs affixed to (and not hanging from or projecting above) ski lifts.
E. Temporary Announcement Signs. During the thirty (30) days prior to and after a new
tenant occupies a leasable space in the CC, C-1,NC, SCI, MU, EBO, L, CL, and SKI zone
districts a sign or sign box not exceeding six(6) square feet in area may be displayed along
the street-facing fagade of the building. This temporary sign shall not be permanently
affixed to the building fagade.
F. Additional Temporary Signs.
1. Applicability. Additional temporary signs containing any message may be displayed
on any property from April 1 through June 15 and October 1 through November 15.
2. Number and size. There shall be no more than three(3) additional temporary signs not
to exceed six (6) square feet each during the time period referenced in subsection F.1
above. Signs which comply with this subsection do not count against the maximum
allowable sign area, or the maximum number of signs allowed under this Chapter.
3. Locations. The additional temporary signs shall not be located in any area prohibited
for the sign type. (For example, a wall sign placed during an election period may not
be located above the eave line ofa building(see§26.510.090.G) or in the public right-
of-way.)
4. Structural and Design Standards. Each additional temporary sign erected during
the time period referenced in subsection F.1 above must meet the standards and
limitations for the sign's structural category, except as follows:
a. They need not be affixed permanently to the ground or building.
b. They may not be illuminated, or digital signs.
G. Flags. Flags that are displayed for noncommercial purposes.
H. Yard Signs. Yard signs may be displayed:
1. Except as provided in subsection 2 and 3 below, one yard sign may be displayed
no more than twice per year per dwelling unit for a period not to exceed three days.
This sign shall not exceed 4 feet in height or four square feet in sign area, shall not
be located in any right-of-way, and shall not be illuminated.
2. During the following time periods, an additional yard signs may be displayed and
the total permitted area may increase by 50 percent:
a. the fourth Thursday in November to the second Monday in January, and
b. the first week in July.
3. When a property is actively for sale or rent and seven (7) days after the sale or
rental,an additional yard sign not to exceed three(3)square feet is permitted. When
multiple units or parcels are available, the yard sign area may be combined, but no
one development or property shall have more than twelve (12) square feet of sign
area. These signs may not be located in the right-of-way.
4. Yard signs must be removed at the conclusion of the time periods listed above.
5. Yard signs are not permitted in rights-of-way, shall be maintained in safe condition,
shall not constitute a fire hazard,and(where internal illumination is permitted) shall
comply with Section 26.575.150, Outdoor Lighting.
I. Government Signs. Signs placed or erected by governmental agencies or associations
(such as signs that control traffic or that provide 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.
J. Historic Designation. Signs placed or preserved by a public agency on or in front of a
historic building or site, which sign shall not exceed six (6) square feet in area, as approved
by the Historic Preservation Officer in accordance with the Commercial, Lodging, and
Historic District Design Standards and Guidelines.
K. Incidental Signs on Vehicles. Signs placed on or affixed to vehicles or trailers and that
are not defined as a "Street Blimp" in Section 26.510.030. This does not 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.
L. 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.
M. Engraved Signs. Plaques, tablets, markers, or statuary when copy is cut into any masonry
surface or when constructed of bronze or other incombustible materials. Such signs shall
not exceed twelve (12) square feet.
N. Sign Boxes. An exterior surface mounted or pole mounted sign box in the CC, C-1, MU,
L, CL, P, GCS, LO, LP, SKI, and EBO districts as follows:
1. One (1) sign box is permitted per use,
2. the sign box shall not exceed four (4) square feet in area,
3. the height shall not exceed four feet from the point of attachment to principal building
in which the use to which the sign applies is located, and
4. the sign box shall be located on or in front of a building within which a restaurant is
located.
O. Theater Signs. To allow displays that are consistent with the traditional design of theater
building forms, signs not to exceed thirty inches by forty-two inches (30" x 42") may be
located within the inner or outer lobby, court or entrance, window display, or interior or
exterior poster box of a theatre. 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, and the screen shall not be mounted on the exterior of the building.
P. Machine Signs. Permanent, potentially internally illuminated but non-flashing signs on
vending machines, gasoline pumps, ice or milk containers or similar machines. 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.
Q. Television Signs.
1. A "television sign" means a television monitors,.or any other electronic device that
emits an image onto a screen.
2. Television signs shall be placed at least fifteen (15) feet set back from the storefront
window.
3. Television signs less than one-hundred and eighty (180) square inches may be located
five(5) feet from the storefront window only if oriented to not face the public right of
way.
4. Television signs-one-hundred and eighty (180) square inches or greater in area shall
not be oriented to face the public right-of-way.
26.510.050 Procedure for sign permit approval
A. Permit Required.
1. It is unlawful to erect, place, construct, reconstruct or relocate any sign which requires a
permit without first obtaining a sign permit from the Community Development Director.
2. Existing signs on private property that are authorized by 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(s) 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
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. See Section 26.510.060.D, Sign Area for the method of measuring
signs.
C. Two or More Faces.
1. Where a sign has two or more faces, the area of all faces shall be included in
determining the area of the sign.
2. Where two faces are placed back to back and are at no point more than two feet from
one another, the sign area is:
a. the area of one of the faces if the two faces are of equal area, or
b; the larger face if the two faces are of unequal area.
A B AIqm�
B �► � B
1.�,,2'or less �^
� 2'or less t
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. For residential
monument signs, as provided for in section 26.510.100(B), the measurement of sign area shall
include the lettering and backing, as well as the monument upon which the sign is affixed. For
residential monument signs mounted on landscape walls or fences within setback areas, the wall
must comply with the standards of section 26.575.020(E)(5)(k), and the sign area shall include that
area of the feature upon which the lettering and backing is located and the wall area above and
below the lettering and backing.
Sign Area Measurement
M- i
o o Rn o o ;1
2l e o
f I
I ;
Sign area enclosing a four-sided shape.
i I
I 1
I 1
I .3
I
Monument sign. Residential monument.sign on landscape wall.
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. 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 that primarily contain 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.
5. Cut-out wall or window signs shall not exceed twelve (12) feet in width, or half of the total
width of the street facing-building fagade of the building on which it is located, whichever
is smaller.
_„�+'2J�i • • reek'
!, 7.5' 2.5'
1. Window sign with cut-out letters. 2. Window sign with solid backing. 3.Sign with irregular shape.
*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.
D. Sign Location and Placement.
1. When possible, signs shall be located at the same height on buildings with the same block
face. Signs shall not obstruct or hide architectural features. Signs shall be consistent with
the color, scale, and design of the building on the same lot or fagade, and be proportionate
to the scale of the 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
No consistency in Sign not
_ sign height proportional to
o_..— building
O -O- O;I
1 �
Sign covering
erchitectwal Window signs far
feature more than 25% of
window area
Figure 3(Above): UndesixvDle Style
Sign in
bcated at proportion
Sarre height to building
Ell
s
t
_ III I I ' tR"I
Sign not covering Window signs not
architectural featureexceeding 259'0 of
window area
Figure 2(above): Desired Style
a building shall not place a sign on the second floor of the building. No sign shall be placed
above the second floor of the building, or 28' above the street level, whichever is less.
However, businesses on upper levels may place signage on the ground level to indicate the
entrance for the business.
2. Signs and sign mounting hardware placed on historic buildings shall not undermine the
integrity, character or historic materials of the building as provided in the Commercial,
Lodging, and Historic District Design Standards and Guidelines. Signs on historic
masonry buildings should be mounted in the mortar, not the brick, and should be placed to
maintain the integrity and health of historic materials. Applicants shall consult with the
Historic Preservation Officer prior to receiving a sign permit to ensure the proposed sign
and mounting materials do not undermine historic resources.
26.510.070 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. One backlit sign is
permitted on buildings in which a Retail, Restaurant and Lodge uses in located if the emitted light
does not create excess glare or light trespass onto other properties. Backlit signs shall be
constructed of an opaque material. -illuminated channel-letter signs are allowed if the face and
sides are constructed of an opaque material. Sign lighting shall be controlled by a light sensor,
timer, or equivalent system in order to minimize the duration of illumination. Businesses are
allowed no more than one backlit or illuminated channel-letter sign.
B. Brightness
1. Illuminated signs shall not operate at brightness levels of more than 0.3 footcandles above
ambient light at the property line, as measured using a footcandle meter.
2. Prior to the issuance of a sign permit, the applicant shall provide written certification from
the sign manufacturer that the light intensity has been factory pre-set not to exceed seven
thousand (7,000) nits and that the intensity level is protected from end-user manipulation
by password-protected software or other method as deemed appropriate by the director.
C. 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 a manner,
that directs the lighting away from the public right-of-way.
26.510.080 Sign lettering, logos and graphic designs
A: Lettering. No fettering 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").
26.510.090. Sign types and characteristics
A. Awning Signs. No sign placed on an awning may project above, below, or off 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. Materials. Except for the Temporary Announcement Sign provided for in Section
26.510.040.E, 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.
D. Monument Signs. The size and design of a monument sign 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 naturally into the ground.
E. Projecting Signs: Projecting signs, also known as hanging or 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 the sign is an integral part of an approved canopy or awning.
F. 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.
G. 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.
H. Window Signs. Window signs may be made of adhesive vinyl material.
I. Window Displays: Window .displays (for example, the display of merchandise and
representations thereof) are not subject to this Chapter, except as provided in this subsection N,
and do not require a sign permit.
Businesses required to shield product displays and sales areas from public rights-of-way in order
to comply with State of Colorado regulations regulating the visibility of products and sales areas
must use window displays,as opposed to window wraps or other methods. These window displays
shall be constructed to comply with all State requirements for.visibility, shall be constructed in a
good and workmanlike manner, and shall comply with the requirements of this section.
Illumination of window displays shall be provided from full cut-off fixtures, shall not exceed 3
footcandles at the building exterior, and 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 signs 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.
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 in Section 26.575.020.I, Measurement of Net Leasable Commercial Space.
2. Projecting Sign. The area of a Projecting sign is exempt from sign allotment if:
a. The sign is installed perpendicular to the front fapade of the building.
b. The sign is no larger than six (6) sq. ft. per side.
3. Interior Signs. Interior signs placed within fifteen (15) feet of storefront windows count
towards a business's signage allotment. Signs placed perpendicular to the public right-of-
way or more than fifteen (15) feet from the storefront window are exempt from sign
calculations.
4. Multi-Tenant Buildings. Buildings with four(4)or more tenants may create two (2) signs
of up to ten(10) square feet in addition to the sign allotment for the individual tenants. One
of the signs may be in the form of a freestanding sign.
5. Window Signs/Displays. Window signs and window displays are allowed only in the CC,
C1, NC, SCI, CL and L zones, as follows:
a. Window Signs and Wraps. A Window sign shall not exceed 50%.of a window's area.
Text and logos shall not exceed 25% of the window sign or wrap area.
b. Window signs and wraps which conform to the standards in subsection 5.a above do
not count towards a business's or building's sign allotment. For window wraps and
signs which exceed the standards of subsection 5.a, the entirety of the window sign or
wrap area shall be included in the calculation of sign area for the business or building.
6. Sandwich board signs, where permitted, do not count towards a business's sign allotment.
B. Sign Allotment.
1. Non-Residential and Mixed Use Districts. The following allotments apply to the CC, C-
1, S/C/I, NC, MU, A, P, PUB, T, GCS, SKI, and EBO zone districts:
a. The sign allotment for individual businesses is as follows:
Net Leasable Space Sign Allotment per tenant or occupant
< 2,500 square feet 6 square feet
2,501 —23,999 square 8 square feet
feet
> 24,000 20 square feet
b. No single sign may be larger than six (6) sq. ft. in area.
c. Essential Public Facilities are calculated using the methodology for Net Leasable
Area.
2. Residential Locations:
a. Generally. A multi-family complex, subdivision entrance, or mobile home park is
allotted one wall, freestanding or monument sign with a maximum area of 16 square
feet.
b. Bed and Breakfast or Home Occupation. In addition to the yard signs provided for in
Section 26.510.040.H, 'a building that includes a Bed and Breakfast or Home
Occupation is allotted one (1) sign with a maximum area of six (6) square feet.
c. Non-residential Uses in Residential Zone Districts. A non-residential use (other than
a home occupation) located in a residential zone district (R-6, R-15, R-15A, R-1513, R-
30, RMF,RMFA, APHD, R-3,or RR), is allotted one monument sign with a maximum
area of 12 square feet.
3. Lodge Districts. Buildings in the L, CL, LO, LP, shall receive a sign allotment of twelve
(12) square feet per business.
26.510.110 Sandwich board signs
The display of sandwich board and similar free-standing, two sided signs on public or private
property is not permitted.
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 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 this
Chapters 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:
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; and
3. 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.
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, 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 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.
2. Size/Number/Material: Only two signs per person/event/organization are 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. 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.
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.
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 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 on Main Street.
2. Eli ig bility: Only City-owned flags or banners are permitted on Main Street light posts.
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. Co2L. 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. CosUFees/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 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.
A. 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.
B. 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 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.
C. Location: Signs shall be set back at least ten (10) feet from the public right-of-way.
D. 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.
E. 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.
F. 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.
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 if 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. Eli ig bility: Only City-owned banners are permitted on signs extending across the Main
Street right-of-way at Third Street.
3. Size/Number/Material: Banners must consist of the following specifications:
a. Any type of durable material;
b. Semicircular 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.
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). Sponsors are advised 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. Reservations will be taken each year on
November ls` 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.
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. C1 p 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 Section g 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, the applicant shall be required to pick up the signs from the City within three(3) days.
Section 2: The following definitions shall be added to Section 26.140.100, Definitions, and the
following definitions are repealed: Logo; Sign; Sign, "A" frame or sandwich; Sign, free standing;
Sign, off-site; Sign, portable or wheeled; Sign,projecting; Sign, roof, Sign, temporary; Sign, wall.
Title 26
LAND USE REGULATIONS
PART 100—GENERAL PROVISIONS
26.104.100. Definitions.
Advertise or Advertising. To make something known, or to announce publicly, a commercial
message directing attention to a business,product, service, profession, commodity,activity, event,
or any other commercial message.
Footcandle. A measure of illumination on a surface that is one foot from a uniform source of light
of one candle and equal to one lumen per square foot.
Illumination. An artificial light source incorporated internally or externally to emanate light from,
or direct light to, a sign's surface. Light sources may include exposed tubing, electrical bulbs,
fluorescent lights, neon tubes, light emitting diodes (LED), liquid crystal displays, or other
artificial sources of light.
Illuminated Sign. Any sign that incorporates illumination over all or part of its surface, or that is
created by the projection of illumination onto a surface (such as a building wall).
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.
Logo.A symbol or other small design adopted by an organization to identify its products, uniform,
vehicles, etc.
Nit. A' unit of illuminative brightness equal to one candle per square meter, measured
perpendicular to the rays of the source.
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. The following are not considered
signs, and are not subject to the sign regulations in Chapter 25.510:
1. Window displays of merchandise and representations thereof (See Section 26.510.140,
Signs-window displays), or
2. Signs carried or worn by a person.
Sign Box. A freestanding or wall sign consisting of a cabinet with transparent or translucent
material (such as glass) that allows the display of posters, placards, or similar printed material
located inside the cabinet.
Sign, "A" frame or sandwich. A portable sign which is ordinarily in the shape of an "A" or some
variation thereof and which usually has no wheels.
Sign,free standing. Any sign which is permanently affixed to the ground, which is self-supported
by a standard or legs or other self-supporting structure used solely for that sign and which is
physically separated from any building or structure.
Sign, incidental. See 26.510.040.D.
Sign, monument. A sign which has a bottom that is permanently affixed to the ground rather than
a building.
Sign, off-site. A sign which directs attention to a business, commodity, service, entertainment,
attraction or product sold, offered or existing elsewhere than upon the same lot where such sign is
located. The term shall include outdoor advertising signs(billboards),unless otherwise preempted
by state or federal law.
Sign, portable or wheeled. A sign not permanently affixed to the ground, a building or other
permanently affixed structure which may be moved from place to place and which may be mounted
on wheels.
Sign, projecting. Any sign, other than a freestanding sign, affixed to or supported by a building
or structure, which projects beyond the surface of that portion of the building or structure to which
it is affixed or supported by more than six (6) inches.
Sign,roof. A sign created,placed or maintained in whole or in part upon, against or directly above
the roof or parapet line of a building.
Sign, Sandwich Board. 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.
Sign, temporary. A nonpermanent sign erected, affixed or maintained for a short, usually fixed,
period of time.
Sign,wall. Any sign painted or placed on, incorporated in or affixed to, a building wall, window
or canopy or any sign consisting of cut-out letters or devices affixed to a building wall, window or
canopy with no background defined on the building wall, window or canopy, with the exposed
face of the sign located in a place substantially parallel to the wall, window or canopy surface on
which it is placed.
Sign,Window. A sign placed in a window.
Sign,yard. Freestanding sign accessory to the primary use of land that is located in the yard of a
lot, may be permanent or temporary, and may be either an on-premises or off-premises sign. For
illustrative purposes only, examples may include signs posted by a realtor or home improvement
company, sign expressing an opinion, and garage sale advertising.
Structural Category. With regard to signs,a structural category refers to the sign's characteristics
that qualify the sign as a: free standing sign, incidental sign, monument sign, off-site sign,
projecting sign, sandwich board sign, temporary sign,.wall sign, or window sign.
Window Wrap. A window wrap is a non-permanent window covering placed directly on a
window that consists predominately of graphics.
Section 3.
The display of sandwich board and similar free-standing, two sided signs on public or private
property is not permitted. Sandwich board signs with a valid City of Aspen permit may be
displayed until the annual permit expires, or September 28, 2018, whichever is later. Expired
sandwich board permits will not be renewed and sandwich board signs displayed without a permit
must be removed in accordance with the City of Aspen Municipal Code.
Section 4: 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 5: 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 6: 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.
Section 7: 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 8:
A public hearing on this ordinance was held on the 28h day of August, 2017,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 was 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 August, 2017.
Att
Linda Manning,"CityClerk Steve Ska ron, Mayor
FINALLY, adopted, passed and approved this 28th day of August, 2017.
At t:
vamu L7?fl <
Linda Manning, City Clerk Steve Ska on, Mayor
Approved as to form:
J es R. True, City Attorney