HomeMy WebLinkAboutresolution.apz.004-05RESOLUTION NO. 4
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A
CODE AMENDMENT TO THE FOLLOWING SECTION: 26.510, SIGNS, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department initiated code
amendment changes to the above cited sections; and
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Commtmity Development Department pursuant to
Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments to the above cited sections pursuant to Section 26.310.040 and
recommended approval; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Commtmity Development Director and took
public testimony for the Code Amendments cited above; and,
WHEREAS, the Planning and Zoning Commission finds that Code Amendments
meet or exceed all applicable amendment standards and that the approval of the Code
Amendments, are consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
WHEREAS, during a public heating on January 18, 2005, the Planning and
Zoning Commission recommended, by a four to zero (4-0) vote, the City Council
approve the amendments to Section 26.510, Signs, as proposed by the Community
Development Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment sections initiated by the Community Development Department are
approved as noted below:
CHAPTER 26.510
SIGNS
Sections:
26.510.010
26.510.020
26.510.030
26.510.040
26.510.050
26.510.060
26.510.070
26.510.080
26.510.090
26.510.100
26.510.110
26.510.120
26.510.130
26.510.140
Purpose.
Applicability and scope.
Procedure for sign permit approval.
Prohibited signs.
Sign measurement.
Sign setback.
Sign illumination.
Sign lettering, logos and graphic designs.
Structural characteristics.
Nonconforming signs.
Signs on public right-of-way.
Temporary signs.
Zone district sign restrictions.
Window displays.
26.510.010 Purpose.
The purpose of this Chapter is to promote the public health, safety and welfare
through a comprehensive system of reasonable, effective, consistent, content-neutral, and
nondiscriminatory sign standards and requirements.
Toward this end, the City Council finds that the City of Aspen is an historic
mountain resort community that has traditionally depended on a tourist economy.
Touhsts, 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 proliferation of signs in the city would result in visual blight and
unattractiveness and would convey an image that is inconsistent with a high quality resort
enviromnent. Effective sign control has preserved and enhanced the visual character of
other resort communities in Colorado and other states. The City of Aspen must compete
with many other Colorado, national and international resort communities for tourism
opportunities.
In order to preserve the City of Aspen as a desirable community in which to live,
vacation and conduct business, a pleasing, visually attractive enviromnent is of foremost
importance.
These sign regulations are intended to:
A. Preserve and maintain the City of Aspen as a pleasing, visually attractive
environment.
.2
B. Promote and accomplish the goals, policies and objectives of the Aspen Area
Comprehensive Plan.
C. Enhance the attractiveness and economic well-being of the City of Aspen as a
place to live, vacation and conduct business.
D. 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.
E. Enable the identification of places of residence and business.
F. Allow for the communication of information necessary for the conduct of
commerce.
G. 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.
H. 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.
I. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
J. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature of any
such business.
K. Establish sign size in relationship to the scale of the lot's street frontage and
building's street frontage along which the sign is to be placed.
L. Protect the public from the dangers o£unsafe signs, and require signs to be
constructed, installed and maintained in a safe and satisfactory manner.
M. 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.
N. Regulate signs in a manner so as to not interfere with, obstruct vision of, or
distract motorists, bicyclists or pedestrians.
3
26.510.020 Applicability and scope.
This Chapter shall apply to all signs of whatever nature and wherever located
within the City of Aspen except for the Aspen Highlands Village PUD. Sign regulations
for Aspen Mountain PUD were approved as City Council Ordinance 43, Series of 2003.
No sign shall be allowed except as permitted by this Chapter.
26.510.030 Procedure for sign permit approval.
A. Permit required. It shall be unlawful to erect, place, construct, reconstruct, or
relocate any sign without first obtaining a sign permit from the Chief Building Official.
B. Exempt signs. The following signs or sign activities shall be exempt from
obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and
owner of the sign from the responsibility of complying with all applicable provisions of
this Title. The exemption shall apply to the requirement for a sign permit under this
Section.
1. Preventive maintenance. The ordinary preventative maintenance of a
lawfully existing sign which does not involve a change of placement, size, lighting, color
or height.
2. Repainting. The repainting of a lawfully existing sign exactly as it was
prior to such activity.
3. Banners, pennants, streamers, and balloons and other gas-filled figures.
Temporary banners, pennants, streamers, balloons and inflatables shall be permitted per
Section 26.510.110(B), Policies Regarding Signage on Public Property. Streamers and
balloons shall be permitted in association with a retail special event or sale of limited
duration.
4. Construction signs. One freestanding or wall sign along each lot line
frontage on a street for a site under construction not to exceed a total of two (2) signs per
site, which do not exceed six (6) square feet in area per sign, which are not illuminated,
and which identify individuals or companies involved in designing, constructing,
financing or developing a site under construction. Such signs may be erected and
maintained only for a period not to exceed thirty (30) days prior to commencement of
construction and shall be removed within fourteen (14) days of termination of
construction. A graphic design painted on a construction barricade shall be permitted in
addition to such signs, provided it does not identify or advertise a person, product, service
or business.
5. Directional or instructional signs. Signs, not exceeding six (6) inches by
thirty (30) inches in area, which provide direction or instruction to guide persons to
facilities intended to serve the public. Such signs include those identifying restrooms,
public telephones, public walkways, public entrances, freight entrances, affiliation with
motor clubs, acceptance of designated credit cards, and other similar signs providing
4
direction or instruction to persons using a facility but not including those signs accessory
to parking areas. Advertising material of any kind is strictly prohibited on directional and
instructional signs.
6. Fine art. Works of fine art which in no way identify or advertise a person,
product, service or business.
7. Flags. Flags, emblems and insignia of political or religious organizations
providing such flags, emblems and insignia are displayed for noncommercial purposes.
8. Government signs. Signs placed or erected by governmental agencies or
nonprofit civic associations for a public purpose in the public interest, for control of
traffic and for other regulatory purposes, street signs, warning signs, railroad crossing
signs, signs of public service companies indicating danger, and aids to service and safety
which are erected by, or for the order of government.
9. Historic designation. Signs placed on a historic building identifying the
structure as a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures, which sign shall be a wall sign not to exceed six (6) square feet in area.
10. Holiday decorations. Noncommercial signs or other materials temporarily
displayed on traditionally accepted civic, patriotic, and/or religious holidays, provided
that such decorations are maintained in safe condition and do not constitute a fire hazard.
11. Incidental signs on vehicles. Signs placed on or affixed to vehicles or
trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in
no way intended to 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 a product, service
or activity, or direct people to a business or activity located on the same or nearby
property.
12. Interior signs. Signs which are fully located within the interior of any
building, or within an enclosed lobby or court of any building, which are not visible from
the public right-of-way, adjacent lots or areas outside the building, and signs not to
exceed 30" x 42", located within the inner or outer lobby, court, or entrance of any theatre
which are intended solely for information relating to the interior operation of the building
in which they are located.
13. Mail boxes, including street address.
14. Memorial signs. Memorial plaques or tablets, grave markers, statutory
declaring names of buildings and date of erection when cut into any masonry surface or
when constructed of bronze or other incombustible materials, or other remembrances of
persons or events that are noncommercial in nature.
15. Menu signs and real estate picture boxes. One sign per use, with an area
not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet
wall of that portion of the principal building in which the use to which the sign applies is
located, and which advertises and/or identifies a restaurant menu, drinks, or foods
offered, or special activities incidental to drink and food service, or real estate offering.
16. Public notices. Official government notices and legal notices.
17. Residential name and address signs. One freestanding or wall sign per
detached dwelling unit or duplex unit, with an area not exceeding two (2) square feet,
which identifies the name of the occupant and the street address of the dwelling unit.
18. Shielded light in architectural design that complies with Section
26.575.150.
19. Vending machine signs. Permanent, nonflashing signs on vending
machines, gasoline pumps, ice or milk containers, or other similar machines indicating
only the contents of such devices, the pricing of the contents contained within, directional
or instructional information as to use, and other similar information.
20. Residential name and address signs. Every detached residential dwelling
unit or duplex unit may have mailbox or wall signs with an area not to exceed two (2)
square feet to identify the street address and the name(s) of the occupants.
21. Security signs. Every parcel may display security signs not to exceed an
area of six inches wide by six inches long (6" x 6"). Security signs may contain a
message, logo, or symbol alerting the public to the presence of a security system on the
premises. Security signs shall be of a neutral color. Security signs may not be placed in
the City right-of-way.
22. Timeshare identification signs. A building that is approved for exempt
timesharing, pursuant to Section 26.590.030, shall have a wall-mounted sign with an area
not exceeding two (2) square feet, stating that it has been approved for timesharing and
identifying the name and phone number of a contact person or management entity for the
property.
C. 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 on the building or parcel;
6
4. A blueprint or ink drawing of the plans, specifications, and method of
construction of the sign and its supports, showing proposed dimensions, materials, and
colors and the type, intensity, and design of the sign's illumination, if any; and
5. The dimensions, measurements, and calculations of building frontages and
line frontages on streets and alleys; the dimensions of any other sign located on the
property; and any other information needed to calculate permitted sign area, height, type,
placement or other requirements of these regulations.
D. 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 served on 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.
E. 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.
26.510.040 Prohibited signs.
The following signs are expressly prohibited for erection, construction, repair,
alteration, relocation or placement in the City of Aspen.
A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per
Section 26.510.130(D)(1)(e).
B. Billboards and other off-premise signs. Billboards and other off-premise signs,
including security company signs which do not comply with the regulations set forth in
Section 26.510.040(B)(20), and signs on benches, are prohibited, except as a temporary
sign as provided for in Section 26.510.120.
C. 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.
D. Moving signs. Signs with visible moving, revolving, rotating parts, or visible
mechanical movement of any description or other apparent visible movement achieved
by electrical, electronic or mechanical means, including automatic electronically
controlled copy changes.
7
E. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising
or information and other gas-filled light tubes, except when used for indirect illumination
and in such a manner as to not be directly exposed to public view.
F. Obsolete signs. A sign which identifies or advertises an activity, business,
product, service or special event no longer produced, conducted, performed or sold on the
premises upon which such sign is located. Such obsolete signs are hereby declared a
nuisance and shall be taken down by the owner, agent or person having the beneficial use
of such sign within ten (10) days after written notification from the Community
Development Director, and upon failure to comply with such notice within the time
specified in such order, the Community Development Director is hereby authorized to
cause removal of such sign, and any expense incident thereto shall be paid by the owner
of the property on which the sign was located. That an obsolete sign is nonconforming
shall not modify any of the requirements of this paragraph. Signs of historical character
shall not be subject to the provisions of this section. For the purpose of this section,
historical signs are defined to be those signs at least fifty (50) years in age or older.
G. Portable and wheeled signs except as allowed per Section 26.510.130(D)(1)(e).
H. Roof signs.
I. Search lights or beacons.
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 untruthful or misleading information.
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 egress, prevents free passage from one part of a roof to any other part,
interferes with an opening required for legal ventilation, or is attached to or obstructs any
standpipe, fire escape or fire hydrant.
N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/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 a product,
service or activity or direct people to a business or 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.
O. Signs in public right-of way. A sign in, on, over or above a public right-of-way .
that in any way interferes with normal or emergency use of that right-of-way. Any sign
allowed in a public right-of-way may be ordered removed by the Community
Development Director upon notice if the normal or emergency use of that right-of-way is
changed to require its removal.
P. Strings of light and strip lighting. Strip lighting outlining commemial structures
and used to attract attention for commercial purposes, and strings of light bulbs used in
any connection with commercial premises unless the lights shall be shielded.
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 be an official traffic sign, signal or device or any other official government regulatory
or informational sign;
6. Uses any words, phrases, symbols or characters implying the existence of
danger or the need for stopping or maneuvering of a motor vehicle, or creates, in any
other way, 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.
R. Street blimps. Parked or traveling cars used primarily for advertising, sometimes
referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's
primary use is exempt. (Ord. N6. 55-2000, § 13; Ord. No. 11-2001, § 1)
S. Banners and pennants used for commemial purposes not associated with a special
event approved by the Special Events Committee approval per Section 26.510.110(B).
26.510.050 Sign measurement.
A. General. In calculating the area allowance for signs in all zone districts, there
shall be taken into account all signs allowed therein including window decals and signs
identifying distinctive features and regional or national indications of approval of
facilities.
B. Sign area. Sign area shall be the area of the smallest geometric figure which
encompasses the facing of a sign including copy, insignia, background and borders,
provided that cut-out letter signs shall be considered wall signs and their aggregate area
shall be credited toward allowable sign area at one-half (1/2) the measured area.
C. Two or more faces. Where a sign has two (2) or more faces, the area of all faces
shall be included in determining the area of the sign, except where two (2) such faces are
placed back to back and are at no point more than two (2) feet from one another. The area
of the sign shall be taken as the area of the face if the two (2) faces are of equal area, or
as the area of the larger face if the two (2) faces are of unequal area.
26.510.060 Sign setback.
Signs are not subject to the setback requirements of the zone district where they
are located.
26.510.070 Sign illumination.
A. Prohibited illumination. No sign shall be illuminated through the use of internal
illumination, rear illumination, fluorescent illumination or neon or other gas tube
illumination, except when used for indirect illumination and in such a manner as to not be
directly exposed to public view.
B. Shielding illumination. Illumination of signs shall be designed, located, shielded
and directed in such a manner that the light source is fixed and is not directly visible
from, and does not cast glare or direct light from artificial illumination upon, any adjacent
public right-of-way, surrounding property, residential property or motorist's vision.
Illumination shall comply with Section 26.575.150.
26.510.080 Sign lettering, logos and graphic designs.
A. Lettering. No lettering on any sign, including cut-out letter signs, shall exceed
twelve (12) inches in height, except that the initial 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
(18) inches in height and eighteen (18) inches in length.
10
26.510.090 Structural characteristics.
The following limitations shall apply to all freestanding, projecting and wall
signs:
A. Freestanding signs. Freestanding signs shall not be higher than the principal
building or fifteen (I 5) feet, whichever is less, and shall be a minimum of eight (8) feet
above grade when located adjacent to a pedestrian way.
B. Projecting signs. Projecting signs shall not be higher than the eave line or parapet
wall of the top of the principal building, shall be a minimum 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 such
sign is an integral part of an approved canopy or awning.
C. 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.
26.510.100 Nonconforming signs.
Nonconforming signs which were in existence on or before May 25, 1988, shall
be discontinued on or before November 25, 1988.
26.510.110 Signs on public right-of-way.
A.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 lightposts, belonging to the City of Aspen without the permission of
the City Council or in compliance with Section 26.510.110(B), Policies Regarding Signage on
Public Property. However, this section shall not be deemed to apply to signs posted by any duly
constituted public authorities in the performance of their public duties, or to specific
circumstances otherwise provided for in this Chapter.
B. Policies Regarding Signage on Public Property
1. Purpose of Regulations. The purpose of these regulations is to establish
reasonable regulations for the posting of temporary signs, displays, and banners on
certain public property. The regulations herein include (a) signage on public rights-of-
way, (b) banners and flags on light posts on Main Street, (c) signs in City Parks, (d)
displays in City Parks, (e) signs hung across Main Street at Third Street and (f) signs on
public buildings. These regulations shall be read in conjunction with Chapter 26.510 of
the Aspen Municipal Land Use Code and are not intended to supercede the regulations of
signs as set forth therein.
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
11
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 Chapter
26.510 of the Aspen Municipal Land Use Code and to assist City staffto implement the
regulations adopted by the Aspen City Council. These regulations are adopted to:
a. balance the rights of individuals to convey their messages through
temporary signs or displays and the right of the public to be protected against
unrestricted proliferation of signs and displays;
b. further the objectives of Chapter 26.510 of the Aspen Municipal Land Use
Code; and,
c. ensure the fair and consistent enforcement of the sign and display
regulations specified below.
Section 26.510.110 of the Aspen Municipal Land Use Code 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 of Aspen without the
permission of the City Council." Sign permits issued by the City Manager, or his
designee, that are in conformance with these regulations shall constitute City Council
permission within the meaning of Section 26.510.110 of the Aspen Municipal Code.
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.
2. Definitions.
Unless otherwise indicated, the definitions of words used in these regulations
shall be the same as the definitions used in Chapter 26.510 of the Aspen Municipal Land
Use Code. In addition, the following definitions shall apply:
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.
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.
Display means any symbol or object that does not meet the definition of a sign as defined
in the Aspen Municipal Code, but like a sign is intended to convey a message to the
public.
Flag means any fabric or bunting containing distinctive colors, patterns or symbols, used
as a symbol of a government, political subdivision or other entity which meets the
dimensional requirements and is intended to be installed on municipal light posts.
12
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.
Sign means and includes the definition for sign as contained in Section 26.104.100 of the
Aspen Municipal Code. The term shall also include "displays" as that term is defined
above.
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.
3. Signs on Public Rights of Way
a. Purpose: The purpose of this policy is to regulate signs
permitted to be located temporarily in the public right-of-way. Temporary signs shall be
permitted in public rights-of-way to advertise noncommercial special events open to the
general public provided 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.
b. Size/Number/Material: Only two (2) signs per
event/organization shall be permitted. Signs shall not exceed ten (10) square feet each
and banners shall not exceed fifty (50) square feet. Banners must be made of nylon,
plastic, or similar type material. Paper signs and banners are prohibited.
c. Content: Signs authorized pursuant to this policy shall be
limited to signs that advertise the name, date, time and location of a special event for
noncommercial purposes. The City recognizes the success of special events often
depends on commercial sponsorship. Therefore, the City shall allow signs that contain
the name of the applicant and/or event, date, time, names and location of the event, as
well as sponsorship names and logos; provided, however, that the total sponsorship
information shall not be the most prominent information conveyed by the signs, and shall
take up no more the 30% of the total area of the individual signs.
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 signs plan to the Community
Development Department for review and approval for a fee as outlined in Chapter 2.12 of
the Aspen Municipal Code. Applications must be received a minimum of thirty (30) days
prior to the event. The applicant shall also submit a refundable security deposit as
13
outlined in the current fee schedule to be applied to any damages, repairs or the cost of
removal if not corrected/removed by the applicant within three (3) days.
e. Eligibility: Signs authorized pursuant to this policy shall be
limited to a special campaign, drive, activity or event of a civic, philanthropic,
educational or religious organization for noncommemial purposes.
f. Duration: Temporary signs authorized pursuant to this section
shall be erected and maintained for a period not to exceed fourteen (14) days prior to the
date of which the campaign, drive or activity, or event advertised is scheduled to occur
and shall be removed within three (3) days of the termination of such campaign, drive,
activity or event. Small directional signs are permitted the day of the event only and
must be removed immediately following said event.
g. 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.
h Exceptions: Any exceptions from the above requirements shall
require City Council review and approval.
Banners and Flags on Main St. Light Posts
a. Purpose: Banners and flags hung from light posts on Main
Street have traditionally been permitted to celebrate very special events of community
interest. The purpose of these policies and regulations is to clarify which events may be
celebrated and advertised through the use of banners or flags htmg from the City-owned
light posts on Main Street. Banners hung from the Main Street light posts shall be
permitted for significant anniversaries (25th, 50th, 75th and 100th) of local non-profit
organizations and for prominent local, regional, state or national events. Prominent local,
regional, state or national events shall not include recurring annual events or events that
are not considered significant to a large segment of the community. The United States,
Colorado, Aspen, and foreign country flags shall be permitted at the discretion of the City
Manager, Mayor or City Council.
b Size/Number/Material: All proposed banners or flags should
meet the City's specifications for size, mounting and material. Banners shall be 2' in
width by 4' in height 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.
c. Content: Banners shall only contain information identifying
the event, the date and time or a simple graphic/logo related to the event. Any
commercial advertising shall be minimized so that any commercial content is not the
most prominent information conveyed on the banner or flag and shall be limited to no
more than 30% of the area of the sign. The City reserves the right to request changes to
the design, color or content in order to assist the applicant to comply with this
requirement.
14
d Cost/Fees/Procedures:The cost of installation is outlined in the
current fee schedule set forth at Chapter 2.12 of the Aspen Municipal Code. 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 H for maintenance requirements). The applicant shall b& required to 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 week prior to the event. Banners shall
be delivered to the Utility Department on Fridays at least two (2) weeks prior to their
installation.
e. Eligibility: Only applications for significant anniversaries (25th,
50th, 75th, and 100th) of local non-profit organizations shall be eligible for consideration
pursuant to this policy. All other requests from other organizations or for other types of
events shall be forwarded to City Council.
f. Duration: The display of banners and flags on the Main St.
light posts shall not exceed fourteen (14) days or the duration of the event, whichever is
less.
g. Maintenance: Prior to the placement of banners or flags on
City street light posts, th4 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.
h. Priority: Banner and flag applications shall be handled on a
first come, first serve basis. Applicants may be asked to altemate light posts with other
organizations. The City reserves the right to prioritize City sponsored events over other
applications.
i. Exceptions: Any exceptions from the above requirements shall require
City Council review and approval.
15
5. Signs in City of Aspen Parks Related to Special Events in the City Park.
a. Purpose: Unattended signs are generally prohibited in City
parks. Separate regulations apply to temporary unattended signs placed in Paepcke Park
(See below for those regulations.) The purpose of this policy is to regulate unattended
temporary signs that are permitted in limited circumstances in City parks. The City
recognizes that unattended temporary signs may be a necessary element to many special
events that are permitted in City parks in order to communicate general information to the
public and advertise services, products and offerings as well as sponsorship of the special
event. Accordingly, temporary unattended signs are permitted, subject to these policies,
when the signs are connected to a special event at a City park for which a permit has been
obtained from the City. Signs in City parks are typically temporary in nature, and review
occurs through the Special Event Committee.
b. Size/Number/Material: Unattended temporary signs located
in City parks shall be limited in size to three (3) feet by six (6) feet. The number of sigus
oriented towards the event venue shall be limited to two signs per sponsor and the
number of signs oriented towards the rights-of-way shall be limited to five (5) which
shall not extent more than ten (10) feet above grade. Banners must be made of nylon,
plastic or similar material. Paper banners and flags are prohibited. City Council may
approve one 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. Content/Location: The sign's content may include general
information (i.e. dates, times, locations of activities) as well as advertisement of services,
products, offerings and sponsorship up to 30% of the area of the sign. Unattended
temporary signs conveying a commercial message 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. Eligibility: Unattended temporary signs may be located in City
parks only for the following reasons: a special campaign, drive, activity or event for a
civic, philanthropic, educational or religious organization for noncommercial purposes
for which a special event permit has been obtained from the City. An exception to this
regulation is 6x30" directional signs for commercial organizations using City Parks.
16
f. Duration: Unattended temporary signs may be erected and
maintained only for the duration of the event, or forty-eight (48) hours, which ever is less.
All signs must be removed immediately following the event.
g. 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 $50.00 refundable security deposit will be required to insure compliance.
h. Exceptions: The Special Events Committee may grant
exceptions to the size and number regulations if deemed an appropriate location and/or
event. Included in its evaluation, the Special Events Committee shall consider if there is
a demonstrable community benefit to the event. The Special Events Committee, at this
discretion may send any requests for exceptions to Section 26.510.110(B)(5) to City
Council for review and approval.
6. Unattended Temporary Signs in Paepcke Park
a. Purpose: Unattended signs in public parks are prohibited with the
exception to Paepcke Park. The purpose of this policy is to regulate the placement of
unattended temporary signs in Paepcke Park that are civic, philanthropic, educational or
religious in nature.
b. Size/Number/Material: Applicants are limited to one sign that shall
comply with the City of Aspen lighting and sign codes. The sign shall not to exceed fifty
(50) square feet in size. A total of 4 signs shall be permitted in Paepcke Park at any
single period of time and applications will be handled on a first come, first serve basis.
c. Content/Location: The content of the display and any signs
may not be commercial in nature. The applicant shall work with the City Parks
Department to find an appropriate location so that there is minimal impact on the park.
Displays may not be affixed on or near the gazebo, and shall not obstruct the view of the
gazebo from Main Street.
d. Cost/Fees/Procedures:The applicant shall pay an application fee
and a refundable security deposit as outlined in the current fee schedule to cover any
damages caused by the installation, maintenance or removal of the sign. The applicant
shall reimburse the Parks Department for any electric fees. An application shall be
submitted to the Community Development Department for review by the City Manager
or his/her designee. Applications shall be received no later than thirty (30) days prior to
the proposed installation of the object.
e. Eligibility: Civic, philanthropic, education or religious non-
profit organizations shall be eligible. The City reserves the right to deny any application
for a sign that would interfere in City-sponsored activities in the park.
17
f. Duration:
no more then fourteen (14) days.
Applicants are permitted to maintain their signs
g. Maintenance: All signs shall be maintained in an attractive
manner, shall not impede vehicular Or pedestrian traffic, and shall not pose a safety risk
to the public. The applicant must work with the City Parks Department regarding all
maintenance issues.
h. Exceptions: Any exceptions from the above requirements shall
require City Council review and approval.
6. Signs Across Main Street at Third Street
a. 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 to advertise noncommemial special events open
to the general public provided 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.
b. Size/Number/Material:
following specifications:
Banners must consist of the
(1) any type of durable material;
(2) semi-circular wind holes in banner
(3) metal rivets at all comers, and every 24 inches along the top
and bottom of the banner;
(4) size will be twelve (12) feet in length and three (3) feet in
width.
c. Content/Location: No commemial advertising will be allowed,
except in cases where a sponsoring entity's name is part of the name of the event. In
such cases the organization promoting the event may not construct the banner such that
sponsoring entity's commercial name is the most overwhelming aspect of the banner and
the sponsor's name and logo shall be limited to no more than 30% of area of the sign.
Political advertising on or located in the public right-of-way on public property (even by
a non-profit organization) is prohibited per Aspen Municipal Code 26.510.120
(C)(2)(b)(2).
d. Cost/Fees/Procedures:
(1) 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 thirty (30) days prior to the
date requested to hang the banner.
18
(2) The exact legend of the banner must be indicated in writing
(see specific area on application form). For your benefit, it is
found that banners are most visually effective when kept simple:
i.e.: event, date, organization and logo.
(3) A fee of $50 per one-sided banner or $100 per double-sided
banner, per week, 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.
(4) All banners should be delivered directly to the City 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 $50 charge.
(5)Please pick up the banner from the Electric Departtnent within
30 days after the display week(s). The City of Aspen assumes no
responsibility for banners and any banners left more than 30 days
may be discarded.
e Eligibility: The City of Aspen provides space to hang four (4)
single-sided banners and two (2) double-sided banners across Main Street with the intent
of advertising community events, be it for Arts Organizations or Non-Profits and/or Not-
For-Profit Organizations. These six spaces are reserved on a first come, first serve basis.
Reservations will be taken each year on November 1st 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.
f. Duration: One banner, per event, may be hung for a maximum
of 14 days, as per Municipal Code 26.510.030 (B)(3)(b). 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.
Maintenance: All banners shall be maintained in an attractive
h. Exceptions: Any exceptions from the above requirements shall
require City Council review and approval.
7. Signs on Public Buildings
a. Signs on public buildings shall be prohibited.
19
26.510.120 Temporary signs.
A. General. No temporary sign is permitted within the city unless all other signs on
the property upon which the temporary sign is to be erected, placed or affixed and the
temporary sign itself conform to this Chapter.
B. Residential uses and residential zone districts. For all residential uses and
residential zone districts, only the following temporary signs are permitted, in addition to
the signs permitted under Section 26.510.130, and then only if accessory and incidental to
a permitted or conditional use:
1. Real estate for sale or rent sign. Temporary real estate signs advertising
the sale or rental of the property upon which the sign is located, subject to the following:
a. Type. The temporary real estate for sale or rent sign shall be a
freestanding or wall sign.
b. Number. There shall be not more than one temporary real estate for
sale or rent sign per unit.
square feet.
Area. The area of the temporary sign shall not exceed three (3)
d. Height. The height of the temporary sign shall not exceed five (5)
feet as measured from the grade at the base of the sign.
e. Special conditions. The temporary sign shall be removed within
seven (7) days of the sale or rental of the real estate upon which the sign is located.
2. Temporary political signs. Temporary political signs announcing political
candidates seeking public office, political parties, or political and public issues shall be
permitted.
C. Nonresidential uses and nonresidential zone districts. For all nonresidential uses
and nonresidential zone districts, only the following temporary signs are permitted, in
addition to the signs permitted under Section 26.510.130, and then only if accessory and
incidental to a permitted or conditional use:
1. Temporary sandwich board signs carded by a person. Temporary
sandwich board signs which are carried by a person and are advertising or identifying a
special, unique or limited activity, service, product or sale of a limited duration, or
identifying a restaurant menu, subject to the following:
person.
Type. The temporary sandwich board shall be a sign carried by a
20
b. Number. There shall be not more than one such temporary sign per
use at any one time.
c. Area. The area of the temporary sign shall not exceed six (6)
square feet per side.
2. Temporary political signs. Temporary political signs announcing political
candidates seeking public office, political parties, or political and public issues shall be
permitted. There shall be no temporary political signs permitted on or located in the
public right-of-way or on public property except as permitted per Section 26.510.110(B)
Policies Regarding Signage on Public Property.
3. Temporary sale signs. Temporary sale signs, announcing special sales of
products and services, shall be subject to the following:
a. Type. The temporary sale sign shall be placed in the window or
windows of the business holding the sale.
b. Number. There shall be permitted not more than one (1) temporary
sale sign in any window, and a total of not more than three (3) temporary sale signs for
each use.
Area. Each temporary sale sign shall not exceed three (3) square
feet.
d. Duration. Temporary sale signs may be maintained for a period not
to exceed fourteen (14) days, and shall be removed at the end of the fourteen (14) days or
on the day following the end of the sale, whichever shall occur first, and shall not be
replaced for at least two (2) months following the removal of the sign(s).
4. Real estate for sale or rent sign. Temporary real estate signs advertising
the sale or rental of the property upon which the sign is located, subject to the following:
a. Type. The temporary real estate for sale or rent sign shall be a
freestanding or wall sign.
b. Number. There shall be not more than one temporary real estate for
sale or rent sign per unit.
c. Area. The area of the temporary sign shall not exceed three (3) square feet.
d. Height. The height of the temporary sign shall not exceed five (5)
feet as measured from the grade at the base of the sign.
21
e. Special conditions. The temporary sign shall be removed within
seven (7) days of the sale or rental of the real estate upon which the sign is located.
26.510.130 Zone district sign restrictions.
A. Residential uses. For all residential uses, only temporary signs permitted under
Section 26.510.120 and the following signs are permitted and then only if accessory and
incidental to a permitted or conditional use:
1. Home occupation, multiple-family dwelling complex, or mobile home
park identification signs.
a. Type. The home occupation, multiple family dwelling complex, or
mobile home park identification signs shall be freestanding signs or wall signs.
b. Number. There shall be not more than one freestanding or wall
sign per home occupation, or per street entrance of a multiple-family dwelling complex
or mobile home park.
c. Area. The area of the sign shall not exceed two (2) square feet per
dwelling unit, and shall not exceed a total of twenty (20) square feet.
d. Illumination. A home occupation identification sign may be
illuminated only when it is identifying a home occupation of an emergency service
nature. A multiple-family dwelling complex or mobile home park identification sign may
be illuminated.
B. Institutional uses. For all church, school and public administrative building uses,
only temporary signs permitted under Section 26.510.120 and the following signs are
permitted and then only if necessary and incidental to a permitted or conditional use:
1. Church, school or public administrative building identification signs.
a. Type. The church, school or public administrative building
identification sign shall be a freestanding or wall sign.
b. Number. There shall be not more than two (2) signs permitted
along the lot frontage on any one street, not to exceed a total of four (4) signs per lot,
subject to the area requirements in Section 26.510.130 (B)(1)(c).
c. Area.
(1) Freestanding sign. The area of a freestanding sign shall not
exceed ten (10) square feet.
(2)
Wall sign. The area of a wall sign shall not exceed ten (10)
square feet.
22
(3) Aggregate sign area. The aggregate sign area permitted
along the lot frontage on any one street shall not exceed one square foot of aggregate sign
area for each three (3) feet of lot line frontage occupied by or projected from the building
within which the principal use is conducted. The aggregate sign area permitted along the
lot frontage on any alley shall be computed as if the alley were a street. In no case shall
the aggregate sign area for any one use on any one frontage exceed twenty (20) square
feet.
(4) Illumination. The sign may be illuminated except when
located in a residential zone district.
C. Recreation club or open use recreation site uses. For all recreation club or open
use recreation site uses, only temporary signs permitted under Section 26.510. ! 20 and the
following signs are permitted and then only if necessary and incidental to a permitted or
conditional use:
1. Recreation club or open use recreation site designation signs.
a. Type. The recreation club or open use recreation site designation
sign shall be a freestanding or wall sign.
b. Number. There shall be not more than one sign per use permitted
along the lot frontage on any one street, not to exceed a total of two (2) signs per lot,
subject to the area requirements in Section 26.510.130 (C)(1)(c).
c. Area.
(1) Freestanding sign. The area of a freestanding sign shall not
exceed ten (10) square feet.
(2)
Wall sign. The area of a wall sign shall not exceed ten (10)
square feet.
(3) Aggregate sign area. The aggregate sign area permitted
along the lot frontage on any one street shall not exceed one square foot of aggregate sign
area for each three (3) feet of lot line frontage occupied by or projected from the area of
the lot within which the principal use is conducted. The aggregate sign area permitted
along the lot frontage on any alley shall be computed as if the alley were a street. In no
case shall the aggregate sign area for any one frontage exceed twenty (20) square feet.
(4) Illumination. The sign may be illuminated only during
hours of normal operation.
D. Commercial uses. For all Commercial Core (CC), Commercial (C-I),
Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL),
23
Neighborhood Commercial (NC), Office. (O) or Service/Commercial/Industrial (SCI)
zone district uses, only temporary signs permitted under Section 26.510.120 and the
following signs are permitted and then only if accessory and incidental to a permitted or
conditional use:
1. Business or occupancy identification signs.
a. Type. The business and occupancy identification signs shall be
freestanding signs, projecting signs, wall signs, including cutout letter signs, or lettering
on awnings.
b. Number. There shall be not more than a combination of two (2) of
the following three (3) types of signs: freestanding signs, projecting signs, or wall signs,
including a cut-out letter sign subject to the area requirements in Section
26.510.130(D)(1)(c). In addition, there shall be no limit on the number of business and
occupancy identification signs which may be placed in the windows of the business;
provided, that said signs shall count against the aggregate sign area permitted as if the
window sign was a cut-out letter sign. There shall also be no limit on the number of
awnings which may be lettered; provided, that said signs shall count against the aggregate
sign area permitted as if the window sign was a cut-out letter sign.
c. Area.
(1) Freestanding sign. The area of a freestanding sign shall not
exceed ten (10) square feet.
(2)
exceed six (6) square feet.
Projecting sign. The area of a projecting sign shall not
(3)
Wall sign. The area of a wall sign shall not exceed ten (10)
square feet.
(4) Awning sign. The area of an awning sign shall not be
limited, but the lettering on the awning shall not exceed six (6) inches in height.
(5) Aggregate sign area. The aggregate sign area permitted
along the lot frontage on any one street shall not exceed one square foot of aggregate sign
area for each three (3) feet of lot line frontage occupied by or projected from the building
within which the principal use is conducted. The aggregate sign area permitted along the
lot frontage on any alley shall be computed as if the alley were a street. If there is more
than one use or tenant within the principal building, then the aggregate sign area
permitted for each use or tenant within the building shall be that portion of the aggregate
sign area as agreed upon by the owner(s) and occupant(s) of the building. The
Community Development Director shall be notified of such agreement and the respective
proportionate shares of signage. In no case shall the aggregate sign area for any one use
on any one frontage exceed twenty (20) square feet.
24
d. Location. The business and occupancy identification signs shall be
located on the business being identified, unless the business does not have frontage at
street grade. For such businesses, one sign may be located on the business being
identified and the other sign may be included in a business directory sign.
e. Portable and sandwich board signs. Portable and sandwich board
signs shall be permitted in the Commercial Core (CC) and Commemial (C-1) zone
districts. Portable and sandwich board signs are limited to Retail and Restaurant uses.
Portable and sandwich board signs are prohibited for Office Uses.
(1) Portable sandwich board signs are limited to nine (9) square
feet in size and shall not count in the aggregate sign area.
per business.
(2) Businesses are limited to one sandwich board or portable sign
(3) Portable sandwich board signs must be made primarily of
wood or metal and must have a professional finish.
(4) Insets must be chalkboard. Dry erase boards are prohibited.
(5) A six (6) foot travel width must be maintained on sidewalks
and a eight (8) foot travel width on the pedestrian malls.
(6) Sandwich board and portable signs are not permitted on rights
of way or pedestrian malls overnight.
(7) A'separate sandwich board sign permit must be approved by
the Chief Building Official.
2. Business directory signs.
a. Type. The business directory signs shall be wall signs or
freestanding signs.
per lot.
Number. There shall be not more than one business directory sign
c. Area. The maximum permitted area of the business directory sign
shall be as follows:
For 1 to 5 businesses--One square foot of sign area per business.
For 6 to 10 businesses--Five square feet plus 1/2 square foot for
each business over five businesses.
For more than 10 businesses--7 1/2 square feet, plus 1/4 square
foot for each business over ten businesses, to a maximum sign area of 10 square feet.
25
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:
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.
Section 2:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approval as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect 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 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.
Approved by the Commission at its regular meeting on January 18, 2005.
APPROVED AS TO FORM:
City Attomey
ATTEST:
~ckie Lothian,'Deputy City Clerk
PLANNING AND ZONING COMMISSION:
Jasmine Tygre, Chair ~/~
26