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HomeMy WebLinkAboutlanduse.code amendment.Sign Code Amendment.0051.2004 -, - City of Aspen Community Development Dept. CASE NUMBER 0051.2004.ASLU PARCEL 10 NUMBER 9999-99-9-99-999 PROJECT ADDRESS 0 ZERO PLANNER SARAH OATES CASE DESCRIPTION Sign Code and Sign Policy Amendments REPRESENTATIVE Sarah Oates 920-5441 DATE OF FINAL ACTION 4/18/2005 CLOSED BY Denise Driscoll - ~ _Type Add<... 1 City I I Feet I F.. S""""'l! _# 10051.2lJlMASW AplIS....1 Stat. r-:::J ~ Convnent I 8elicnt I Aoulingl!Otay . ""I ~ IV ~ I8l M_Pennil ~ Project ISIGN CODE AND POUC'I AhlENDMETN iI D"""iolionIS91 CodeonclS91Polcy_. s_IS..... 0.... 920-5441 r V_onthe_? AoulingQ.....I"'" Slaluo I""""'" AI:flied IIlW4I2OO4 i..l ~iSxs:. fi1 Iii (!) J' I!J .., 1- CIoclIIA".~~ 0""10 P_'D, I 31293 ,m1 E~ 107l30l2OO3 i..l L... N....IOTY OF ASPEN Phone 1[97O)S21HiOOO ~ ,"'N....I r S GALENA ST PEN CO 81611 p- L... N....IOTYOF ASPEN c....--jrq7mq?l'\.~ iI F"'N....I (',....ttl?C'im ~ 5 GALENA ST ;1 PEN CO 81611 . ,"."-, ""',/ "..,." YIll.d. MEMORANDUM TO: Mayor Klanderud and City Council FROM: Chris Bendon, Community Development Director Sarah Oates, Zoning Officer5-::> THRU: RE: Code Amendments-Section 26.510, Signs, Second Reading of Ordinance No. 10, Series of 2005. DATE: April II, 2005-Continued from March 14,2005 and March 28, 2005 SUMMARY: During the March 28, 2005 hearing on Code Amendments to Section 26.510, City Council directed staff to modify the code based on some outstanding issues that came out the Planning and Zoning Commission. These issues included: . Number of special events signs . The policy on banners andjlags on the Main St. light posts . The policy on sale signs . Sandwich board regulations . Window displays in vacant storefronts Staff has made modifications to the ordinance per Council's direction and included the following languages in the sandwich board regulations to increase staff enforcement capabilities: a. The Zoning Officer shall take into consideration safety issues with regards to the placement of the sign. b. The sign shall have a professional finish and be consistent with the community character. c. Permits for sandwich board signs shall be revocable by the Zoning Officer if the above criteria are not met or, in the opinion of the Zoning Officer, the sign creates a visual nuisance. Staff believes the above criteria will enable the Zoning Officer to effectively enforce unsafe and unsightly signs. Staff has also added a sunset provision in one (1) year specifically for the sandwich board signs. APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, .-.. - '-' STAFF RECOMMENDATION: Staff recommends that the City Council approved the proposed amendments. RECOMMENDED MOTION: "I move to approve Section 26.510, Signs, as proposed in the Community Development Department memorandum." CITY MANAGER'S COMMENTS: ~""'.Ih..~__'~ . R ~ Attachments: Exhibit A: Review Standards 2 -. ........ ". # ORDINANCE NO. 10 (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS 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 City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance 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 Community 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, during a public hearing 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; and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony for code amendments to Section 26.510; and, WHEREAS, City Council finds that the 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 City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL 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: 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 .........'.... ............. CHAPTER 26.510 SIGNS 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. 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 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 environment. 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 environment is of foremost importance. These sign regulations are intended to: 2 ,- -- A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment. 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 scemc 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. 1. 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. 1. Protect the public from the dangers of 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 of2003. 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 26.510.11 O(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 4 -", --.~ facilities intended to serve the public. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, afliliation with motor clubs, acceptance of designated credit cards, and other similar signs providing 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 5 ,- \",.,-, 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. V ending 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 instmctional 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: I. That information required on the form provided by the Community Development Director; 2. A letter of consent from the owner of the building; 6 /"'..... ,",.., 3. Proposed location of the sign on the building or parcel; 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 26.5 10. 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 26.51 0.040(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 7 c by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. 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 subj ect 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)(l)(e). H. Roof signs. I. Search lights or beacons. .I. 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. 1. 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 8 "" '-' 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 commercial 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. 9 - - 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. No. 55-2000, ~ 13; Ord. No. 11-2001, ~ 1) S. Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Section 26.510.11 O(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. 10 or" ',*", ", 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. 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 (15) 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 ofthe top ofthe 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.lt 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 Councilor in compliance with Section 26.510.11 OrB), 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 oftheir 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 11 ".-. ',,..., 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 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. 12 ".- '- r'.'..... ...'..., 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. 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. 13 ,... "-' 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. CostlFees/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 outlined in the current fee schedule to be applied to any damages, repairs or the cost of removal ifnot 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 noncommercial 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. 4. Banners and Flags on Main St. Light Posts 14 '-' "'... 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 hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries beginning at the or~anization's tenth (1O'h) year and shall be allowed in five (5) year increments thereafter (15' ,20'\ 25'h etc.) 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. 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 be 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 (25'\ 50t!" 75'h, and 100'h) 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. 15 -- ........ g. 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. h. Priority: Banner and flag applications shall be handled on a first come, first serve basis. Applicants may be asked to alternate 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. 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/NumberlMaterial: Unattended temporary signs located in City parks shall be limited in size to three (3) feet by six (6) feet. The number of signs 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. The Special Events Committee may approve one inf1atable 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. 16 - - - -- 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. 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 26.510.11O(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. 17 -- "-" .... ....,JI 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. f. Duration: no more then fourteen (14) days. Applicants are permitted to maintain their signs for 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 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 signs other than those hanging across Main Street at Third Street. b. Size/NumberlMaterial: 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 corners, 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. 18 ;r"...... ",-./ c. Content/Location: No commercial 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. (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 Department within 30 days after the display weekes). 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 19 ...-. ,....."". '-' -""'.r 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. g. Maintenance: All banners shall be maintained in an attractive manner. 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. 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. 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. 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. 20 -- '- ...."....' 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 carried 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: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at anyone 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. c. 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: 21 ,- '- 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. 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: I. 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: I. 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. 22 - -- - ....... b. Number. There shall be not more than two (2) signs permitted along the lot frontage on anyone 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. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone 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 anyone use on anyone frontage exceed twenty (20) square teet. (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 26.510.120 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 anyone 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) sq uare feet. 23 ,"""" - - ......." (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot 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 anyone 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-1), Lodge/Tourist Residential (L1TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Commercial (NC), Mixed Use (MU) 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 awmngs. 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 26.51O.130(D)(I)(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) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (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. 24 - --. ......,.....- '-/ (5) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot 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 anyone use on anyone frontage exceed twenty (20) square feet. 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 Commercial (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. (2) Businesses are limited to one sandwich board or portable sign per business. (4) 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 Zoning Officer and shall meet the following requirements: a. The Zoning Officer shall take into consideration safety issues with regards to the placement of the s1gn. 25 ......'''.... ,,,."< ......J'" '... ? b. The sign shall have a professional finish and be consistent with the community character. c. Permits for sandwich board signs shall be revocable by the Zoning Officer if the above criteria are not met or, in the opinion of the Zoning Officer, the sign creates a visual nuisance. (8) Unless readopted by City Council on or before April 11, 2005, the provisions of Section 26.510.130(D)(5)(3) and its subsections shall be null and void 2. Business directory signs. a. Type. The business directory signs shall be wall signs or freestanding signs. b. Number. There shall be not more than one business directory sign per lot. 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. 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. 26 '-.."",; This Ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 14th day of February 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this II th Day of April 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney 27 .-.' EXHIBIT A: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A-I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staffs evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be III conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. E Whether and the extent to which the proposed amendment would result in demands on public JacUilies, and whether and the extent to which Ihe proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical/acUities. RESPONSE: The proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result In significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an effect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. r" I.....- . , RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighhorhood which support the proposed amendment. RESPONSE: No specific parcels or neighborhoods are impacted by these amendments. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendments will not be in conflict with the public interest, and are in harmony with the purpose and intent of this title. . 2 ,/,.... MEMORANDUM "\1\\\(\ THRU: Mayor Klanderud and City Council Chris Bendon, Community Development Director ~ Sarah Oates, Zoning Officer> <::::. TO: FROM: RE: Code Amendments-Section 26.510, Signs, Second Reading of Ordinance No. 10, Series of 2005. DATE: March 28, 2005-Continued from March 14,2005 . SUMMARY: Community Development Staff was directed by City Council to revise the sign regulations to allow for more flexibility in some areas of the code and to clean up several sections. Some of the modifications have been the result of suggestions of the 2003 Frick and Beer Downtown Retail Report and follow up by the Downtown Catalyst, Lisa Baker, with downtown merchants. Also incorporated are changes suggested by a special events committee made up of representatives of organizations in the area that host and plan events. Suggested changes include the following: . Real estates companies be permitted picture boxes similar to restaurant menu boxes . Anniversary dates of special events that use the Main Street light posts be lowered from 25 years to 10 years . The number of signs oriented toward the special event venue be unlimited and a limited number be permitted to face outward from the event venue . Inflatable signs are proposed to be permitted under certain conditions for special events . The Special Events Committee can make exceptions with an option to send the request to City Council . The number and size of political signs be eliminated . Real estate sign regulations have been added to the commercial sign section ofthe code . Sandwich board signs be permitted with design standards . Vacant storefronts be required to provide a window display with certain criteria APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. ....''''' ,-.",,...i DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed amendments, section by section, below. Sections in which the recommendation differs between the Catalyst/committee comments, staff comments, and the Planning and Zoning Commission are called out below the relevant section: . Applicability, Section 26.510.020: This section discusses the applicability and scope of the sign regulations and an acknowledgement of the Aspen Highlands Village PUD sign regulations has been included. . Banners, et al., Section 26.510.030(B)(3): Regulations for banners, et al. has been moved to Section 26.51O.11O(B), Policies Regarding Signage on Public Property. . Real Estate picture boxes, Section 26.510.030(B)(15): Real estate picture boxes have been added. . Outdoor Lighting, Section 26.510.030(B)(18): This section has been modified to acknowledge the lighting code and that that lighting of signs must comply with said section. . Sandwich Board & Portable Signs, Sections 26.510.040(A) and (G): These sections have been modified to prohibit sandwich board and portable signs except as allowed per Section 26.510.130(D)(1)(e), a section which discusses design, size and location. . Banners, et aI., Section 25.510.040(S): Prohibits banners, et al. except as permitted per Section 26.510.1l0(B), Policies Regarding Signage on Public Property. . Outdoor Lighting, Section 26.51O.070(B): Modification to acknowledge Section 26.575.150, Outdoor Lighting. . Policies Regarding Signage on Public Property, Sections 26.510.110(A) and (B): Sections modified to incorporate "Policies Regarding Signage on Public Property" in to the municipal code. This policy is currently an un- codified document that City Council approved in 2001. Changes to the policy itself, suggested by the community special events committee, are discussed below: o Allow unlimited number of signs oriented inwards towards event venues be permitted: Catalyst/Committee Recommendation: allowing for unlimited signs at the event. As outlined above Staff Recommendation: Staff supported the recommendation of the Committee. P&Z Recommendation: The P&Z recommended a limit of no more than two (2) signs per sponsor. 2 o Allow 5 signs oriented towards rights-of-way from event venues o Allow sponsorship names on signs on public property but limit to no more than 30% of the sign area o Allow one inflatable per event, no more than 20 ft. in height, if a suitable on-site location can be provided: Catalyst/Committee Recommendation: As outlined above allowing the City of Aspen Special Events Committee to approve no more than one inflatable. Staff Recommendation: Staff recognIzes that these requests typically come up at the last minute and that sponsorship is important to attracting events to the city. Nonetheless, staff has concerns with the suitability of allowing an inflatable at every event and every location on public property within the City of Aspen. P&Z Recommendation: P&Z concurred with the staff recommendation which would require City Council approve inflatables with the criteria that it is placed in a suitable location and that there is a demonstrable community benefit. o Allow the Special Events Committee to grant exceptions that meet certain criteria with an option to send requests for exceptions to City Council o Allow event anniversary banners to be placed on the Main Street Light Posts at the 10 year anniversary versus the 25 year anniversary and then allow every 5 years: Catalyst/Committee Recommendation: The special events "super group" recommended the anniversary date in which local organizations may placed banners on the Main Street Light Posts be reduced as outlined above. Staff Recommendation: In 2001, Council reiterated its policy as it relates to the banners on the Main Street Light Posts and that they only be allowed for 25, 50 and 75 year anniversaries of local organizations and for significant local, national and international events. Staff supports a policy of recognizing organizations which have endured and been an integral part of Aspen and therefore, staff believe the policy should remain in place as it is currently. P&Z Recommendation: recommendation. P&Z agreed with staff s . Political Signs, Sections 26.51O.120(B)(2) & (C)(2): The suggested change is to recognize political signs are permitted as a temporary sign without any additional regulations other than political signs are not permitted 3 in public rights of way except as permitted per Section 26.51O.1l0(B), Policies Regarding Signage on Public Property. . Sale Signs, Section 26.510.120(C)(3): The time in which sale signs must be removed has been lowered from 3 months to 30 days: Catalyst/Committee Recommendation: Lisa Baker suggested the regulation regarding sales signs be eliminated and the perhaps the City of Aspen should not be regulating when businesses have sales. Staff Recommendation: Staff had recommended the duration between when sale signs can be installed be reduced from 3 months to 30 days recognizing that perpetual "sale" and "going out of business" signs are an issue for some members of the community. P&Z Recommendation: The P&Z recommended the duration be 2 months. P&Z stated that 30 days was too short of duration and that 2 months was more appropriate. . Real Estate Signs, Section 26.51O.120(C)(4): The current code is silent on real estate signs in non-residential zone districts. Staff has suggested language that is the same as residential zone districts. . Awnings, Section 26.510.I30(D)(I)(b): Based on the excessive lettering on some recently installed awnings, staff has included awning lettering in the aggregate sign area allowed per each business. Currently, awning letters are not included in the aggregate sign area, allowing businesses with awnings far more sign area than those without awnings. . Standards for sandwich board and portable signs, Section 26.510.I30(D)(I)(e): Staff has suggested design, size and location regulations based on a temporary approval of sandwich board signs that Council granted this past summer. Also, when the sandwich board regulations were temporarily adopted, only retail and restaurant uses were included. Staff has had to do enforcement with regards to real estate and timeshare companies placing sandwich board signs on the mall. The language in the proposed ordinance does not include real estate companies and Council should determine if the code should regulate what uses are allowed sandwich board signs: Catalyst/Committee Recommendation: The Downtown Catalyst has received positive feedback from business owners with regards to the sandwich board signs. Staff Recommendation: Community Development staff has reservations as it relates to sandwich board signs because of the visual clutter it creates. Further, stronger enforcement will need to be instituted to ensure design quality and the proper location of the signs. 4 ~, P&Z Recommendation: P&Z concurred with staff that proactive enforcement will need to take place to ensure quality design and proper placement of the signs. . Vacant Storefronts, Section 26.510.140(B): This section of the code has been modified to require property owners with vacant storefronts to provide window displays after the space has been vacant for more than thirty (30) days: Catalyst/Committee Recommendation: This suggestion originated in the business neighborhood meeting and City staff at that meeting agreed to consider this recommendation. Staff Recommendation: Community Development staff has concerns about its ability to enforce this regulation should it be adopted as well as the efforts it would take to coordinate. P&Z Recommendation: P&Z concurred with staff and recommended this proposal not be adopted. STAFF RECOMMENDATION: Staff recommends that the City Council recommend approval to the amendments with the exception of Section 26.510.110(B)(5)(b) as it relates to inflatables, Section 26.510.II0(B)(4)(a) as it relates to the banners on Main St. Light Posts and Section 26.510.140(B) as it relates to window displays in vacant storefronts. P&Z RECOMMENDATION: The Planning and Zoning Commission agreed with staffs recommendation and had two additional comments. The change to Section 26.51O.11O(B)(5)(b) would allow for unlimited signs oriented towards a special event on City property. The Planning and Zoning Commission recommended that the code allow for no more than two signs per sponsor. The second recommendation relates to Section 26.510.120(C)(3), Temporary Sale Signs. Currently, the code allows sales signs to be up no more than fourteen (14) days and the signs must then be removed for no less than three (3) months. The Downtown Catalyst, Lisa Baker recommended not regulating the duration sales signs should be up or down. Community Development Department staff took a more moderate approach and suggested that sales signs be removed for at least thirty (30) day increments. The Planning and Zoning Commission recommends that sale signs be removed for not less than two (2) months before the signs can be installed for another fourteen (14) days. RECOMMENDED MOTION: "I move to approve Section 26.510, Signs, as proposed in the Community Development Department memorandum." CITY~~~:lfgi!!pJ"~~ ~ ~ ~ ~ ~p~ . 5 Attachments: Exhibit A: Proposed Amendments to Section 26.510, Signs Exhibit B: Review Standards 6 ORDINANCE NO. 10 (SERIES OF 2005) AN ORDINANCE OF TIlE cITY OF ASPEN CfTY COUNCIL APPROYlNG CODE AMEND"""" TO THE FOLLOWING ,,<<'nON' 16510, SfGNS, cITY OF ASPEN, PITKIN COUNTY, CoLORADO. WHEREAS, ", commuui~ omdupm'" o""",""m in"Wod ""', amendment changes to the above cited sections; and WHEREAS, pu~""" 'u ""rioM 16.1 lO,MO, ", C"y Conne", in ~ooromco w"b ,h' ".cod"''', ,,,,,,dM", oud nmi""ion' of ,bi, C1mp'&, ,nan by u,d"""" ",p."" ,,,,m' wi,n ",uditiuM, 0> dwy , cud' Amwdmw' ,,,n,,riUU \0> Am",dm'" ill ", lm'd 0" Cud' ou, Off"i,I/>>" Oi,tri" -, ~\o> ",_mw,,",iun ny ,b' cumm"'~ Omdupm,n' oepurtm'" pun""" '" s"riun 26.430020' oud, WHEREAS, ,b' Curom"'~ omd'pmw, O'I"rtmW' "'''''w''' ,h' Cod' Afi,nd=nl-' 'u ,b' "'"" ,,,od w>cliUM pun_ to s",iun 26,310,040 on' recommended approval; and, wHEREAS, d_ ' pubri' bourin' un Jonu"" 18, 2005, ", ",n""'" und loning C.rom,,,iun ,,"uromwd,d, by , fnu' '0 "ro (4-0) yu", ", City Cuun,d approve the amendments to Section 26.510; and, WHEREAS, <h, C"y Cu"",d ",ndu"od , publk n,Ming, ,"~;d".,) <h, ",,,mm,nd"iun .\ ,n, c.mmunJ~ Omdupm,n' 0;,,"'" und 'o.k pubb, """mony fu' code amendments to Section 26.510; and, wHEREAS, C"y Co"",,, find' ",,' "'" 00" _dm"'" - m ~""" ,n ",pli""," om_w' __ oud ",' ", """''''' uf ", 00" ,",wdm'"'" '''' ooMi- wi" "'" pC; und "omoo" of"'" """n A= CummunJ'y "'" und, WHEREAS, "" Ci" Cu"",. find' "" "i' "";oM'" """"" und i, n="'" fo> the promotion of public health, safety, and welfare. NOW, THER,,'ORE, lIE IT ORDAINED BY THE CITY OF AsrEN CITY COUNCIL Section-.1 "","uun< m "" proeodu= und ,,,",,"'" w' fo"" in Hd' 26 u\ "" .."n Mnu',i'" Cod', <h' Cod' Am-'" ",tiuM in"i""d by <h' cummun'" Omdopm,n' 0"'-'" '" approved as noted beloW: 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 ""-,, .....""" '"",,,,1 '" .~/ CHAPTER 26.510 SIGNS 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. 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 ofthe 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 environment. 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 environment is of foremost importance. These sign regulations are intended to: 2 - ",.... "'-->" A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment. 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. 1. Protect the public from the dangers of 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 of2003. 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 ot 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 26.510.11 O(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 4 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 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 ofthe 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 5 -~ <',.'.... ""'e' ,.~ 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 oflering. 16. Public notices. Ofticial 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) ofthe 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: I. That information required on the form provided by the Community Development Director; 2. A letter of consent from the owner of the building; 6 - -"" 3. Proposed location of the sign on the building or parcel; 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 26.51 0.040(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 7 by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. 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 ofthis 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. 1. 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 8 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 oflight and strip lighting. Strip lighting outlining commercial 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: I. 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 inform'ational 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. 9 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. No. 55-2000, S 13; Ord. No. 11-2001, S 1) S. Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Section 26.510.11 O(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. 10 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. 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 (15) 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.lt 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 Councilor in compliance with Section 26.510.11 O(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 11 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 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 staff to 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 oflightweight 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. 12 ..,:.,~, '....,,'~ 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. 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 26.104.1 00 ofthe 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. 13 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 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 noncommercial 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. 4. Banners and Flags on Main St. Light Posts 14 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 hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries (25th, 50d" 75th and 100'h) oflocal 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. 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 (rom the City (see Section H for maintenance requirements). The applicant shall be 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, 50t\ 75th, and 1001h) 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, the applicant shall provide to the City a number of replacement 15 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 alternate 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. 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 ofthe 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/NumberlMaterial: Unattended temporary signs located in City parks shall be limited in size to three (3) feet by six (6) feet. The number of signs 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 16 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. 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 26.51O.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. SizelNumber/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. 17 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. f. Duration: no more then fourteen (14) days. Applicants are permitted to maintain their signs for 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 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 signs other than those hanging across Main Street at Third Street. b. SizelNumber/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 corners, 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 commercial 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 18 ~.... ......"",..' 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. (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 oflice 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 Department within 30 days after the display weekes). 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 1" 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. 19 g. Maintenance: All banners shall be maintained III an attractive manner. 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. 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. 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. 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. 20 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 carried 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: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at anyone 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 26.510.11 O(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. c. 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: 21 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. 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: I. 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. 22 b. Number. There shall be not more than two (2) signs permitted along the lot frontage on anyone 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. (I) 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 anyone 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 anyone use on anyone 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 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: I. 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 anyone 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. (I) 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. 23 (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone 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 anyone 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), Neighborhood Commercial (NC), Office (0) 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: I. 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 oftwo (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) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (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. 24 ,...." -".... (5) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone 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 anyone use on anyone frontage exceed twenty (20) square feet. 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 Commercial (C-l) 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. (2) Businesses are limited to one sandwich board or portable sign per business. (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. freestanding signs. Type. The business directory signs shall be wall signs or 25 -, ....".,..> '"'., >' b. Number. There shall be not more than one business directory sign per lot. 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. 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 Ordinance 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 aflect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 14th day of February 2005. Attest: 26 Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FIN ALL Y, adopted, passed and approved this 28tlJ Day of March 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney 27 EXHIBIT A PROPOSED AMENDMENTS: Staff proposes the following changes to the text of the Land Use Code, with the text to be added underlined and the text to be deleted with a strikethrough: 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 CHAPTER 26.510 SIGNS 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. 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 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 environment. 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 environment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment. 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. 1. Protect the public from the dangers of 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. 2 N. Regulate signs in a manner so as to not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians. 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 Cowlcil Ordinance 43. Series of2003. No sign shall be allowed except as permitted by this Chapter. 26.:;;10.0]0 Proeesllre for sign permit approval. 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, aOO-balloons and inflatables -shall be pe1mitted per Section 26.510.110(Bl. Policies Regarding Signage on Public Propertv. Streamers and balloons shall be permitted in association with a retail special event or sale of limited duration. or other gas filled figures advertising a special campaign, drive, activity or evellt of a civic, fJITilaRthropic. educational, or religious organization for noncommercial flurposes, subject to the following: a. Locatien. Any such tcmporary sign which eJ[tends over or onto a flublic right of way shall be erected and maintained in such a manner as to not interfere with or obstHlct access, activity, or vision along aft)' SHch public right of way, and shall be mmject to tHe written approval of the city manager. b. Timing. SUCH temfJorary signs may be erected and maintained for a period not to eJ(ceea fourteen (11) days fJrior to the date of WHiCH the campaign, drive, 3 - -, activity, or event advertised is sCHeduled to occur and sHaH be removed witflin three (3) days of tHe termination of SUCH carH]'laign, drive, activity, or event. c. Dimensions. Temporary signs shall not exceed fifty (50) square feet in area. 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 shaH 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 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 shaH 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. 4 -.... ..~ ..' 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. Lights permanently af1ixed to a building and made aH integral part oftbe building architecturally, desigfled for that 13uiJdiHg, directed only at aHd flot away from the buildiHg, and sllielded ia SHcll a maimer that tile ligllt SOHree is fiJ[(')a anll is not directly visible from any public right of way or aHY area oHtside the lot on which the buildiHg i~; located, provided such lights are not flashing lights. 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 Hot exeeediag four 5 (1) square feet in area for eaCH e:qJOsed sigH faee Hor e)weediHg an aggregate sign area of eight (8) square feet. 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, if the apJllieaHt is Hot the owner or a tenant; 3. Proposed location of the sign on the building or parcel; 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 6 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 26.51 0.130iD)(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 26.51 0.040(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. 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. 7 G. Portable and wheeled signs except as allowed per Section 26.510.130(0)(1 )(eh 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. 1. 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 commercial 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: I. Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 8 ~., 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. No. 55-2000, S 13; Ord. No. 11-2001, S I) S. Banners and pennants used for commercial purposes not associated with a special event approved bv the Special Events Committee approval per Section 26.510.110(8). 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 9 - ....... 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 complv 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. (Ord. No. 9-2002, ~ 13) 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 (15) 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. 10 _c'., ,. ...' 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!B1. Policies Regarding Signage on Public Propertv. 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 I. 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 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 staff to 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. 11 '''''' , ....,...,~ 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 ofthe 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 ifrequested 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. 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 26.1 04.100 of the Aspen Municipal Code. The term shall also include "displays" as that term is defined above. Sil!:n. Inflatable means anv inflatable shape or figure designed or used to attract 12 - ""'.,.,.r attention to a business event or location. Inflatable promotional devices shall be considered to be temporarv signs under the terms of this Chapter and. where applicable. subiect 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 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 noncommercial purposes. 13 ,#"'" 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. 4. 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 hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries (25t1\ 50'h, 75'h, and 100th) oflocal 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 barmers and flags are prohibitedis 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. d CostlFees/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 be required to submit an 14 - ""'...".-' 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 (25'h, 50''', 75'h, and 100'h) 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, 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. h. Priority: Banner and flag applications shall be handled on a first come, first serve basis. Applicants may be asked to alternate 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. 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 to ORe (1) baflller per booth Rot to eJ(eeed fifty (50) :Jq,lare 15 feet total or one sign not to exeeed ten (10) sqHare feet limited in size to three (3) feet bv six (6) feet. The number of signs oriented towards the event venue shall be unlimited and the number of signs oriented towards the rights-of-wav 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. The Citv Council mav approve one inflatable per event of no more than twentv (20) feet in height if a suitable on-site location can be provided and if there is a demonstrable community benefit to the event. 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 and shall be oriented to the attendees of the eyen!. 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. 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 mav 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 communitv benefit to the event. f,ny exceptions from the above reqHirements shall require City COHHeil review afld approvalThe Special Events Committee, at its discretion mav send anv requests for exceptions to Section 26.51 0.11O(B)(5) to Citv Council for review and approval. 16 - "-.,, ...- .'.<," 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. f. Duration: no more then fourteen (14) days. Applicants are permitted to maintain their signs for 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 ofthis 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 noncommercial special events open to the general public provided the following policies and procedures are followed. These 17 ,#..... ""'"...... 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. SizelNumber/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 corners, 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 commercial 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: (I) 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. (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 Department within 30 days after the display weekes). The City of Aspen assumes no 18 ""...." ~ 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 1 st 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. g. Maintenance: All banners shall be maintained In an attractive manner. 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. 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. 19 .-.... , .......... " b. Number. There shall be not more than one temporary real estate for sale or rent sign per let 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. 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. Temporarv 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: I. Temporary sandwich board signs carried 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: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at anyone 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 temporarv political signs permitted on or located in the public right-of-way or on public propel1v except as permitted per Section 26.5] 0.11 OrB) Policies Regarding Signage on Public Propel1v.subject te me fellowing: a. Type. The temperary political sign shaH be a wall sign er l3ar.ner. b. Number. 20 - - ...... '"~,., (1) Private property. There shall aot be more than one :em.porary politieal siga for eaeh ~lse. (2) Public right of way. There shall be no temporary politieal ~;igns permitted on or loeated in the publie right of 'Nay or on pHblie property. ."'rea. The area of temporary politieal signs shall not eJleeed four d. Height. Temporary politieal signs shall not projeet Iligher than tile eave line or parapet Viall of that portion of the prineipal building in whieh the applieaat who applied for the sign is located, if it is a wall sign. e. Duratioa. Temporary politieal signs m.ay be ereeted or maintaiaed for a period aot to e)[eeed thirty (30) days prior to the date of the election to which suell signs are applieable, and shall be removed within seven (7) days following sueh eleetion. Temporary political signs concerning issues or eaadidates which are not on a ballot may be maintained for a period not to eJ[ceed thirty (30) days. 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 (I) temporary sale sign in any window, and a total of not more than three (3) temporary sale signs for each use. c. Area. Each temporary sale sign shall not exceed three (3) square feet. d. Duration. Except for the end of season period of March I through .^.pril 15, tIemporary 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 en months following the removal of the sign(s). Temporary sale signs may be maiatained during the end of season period of March 1 through .^.pril 15 provided that they are removed follmving the end of the sale afld no temporary sale sign has been displayed for a period of thirty (30) days immediately preeeding tile display and, provided further, tllat no temporary sale signs ~hall be permitted for a three (3) month peried following the disfllay sf end of season 5tj;fI& 4. Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the propertv upon which the sign is located. subiect to the following; 21 - ......., ,- "","" a. Tvpe. The temporarv 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 temporarv 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. e. Special conditions. The temporarv sign shall be removed within seven (7) davs 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. 22 - #...... ,>>...",j ...."...r- 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 anyone 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. (I) 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) sq uare feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone 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 anyone use on anyone 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 26.510.120 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 anyone 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. 23 ,c , (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 anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot 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 anyone 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-1), Lodge/Tourist Residential (L1TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Comm~rcial (Ne). OffIce (0) 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 awnmgs. b. Number. There shall be not more than a combination of two (2) of the following three (3) types of signs: ene-freestanding-sign~ per use, ene-projecting sign~ per use, and/or ene-wall sign~, including a cut-out letter sign, per loISe, subject to the area requirements in Section 26.51 0.130(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) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (3) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. 24 ''''. ~ ...~. '...., ....,. ~." (4) Awning sign. The area ofan 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 anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot 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 anyone use on anyone frontage exceed twenty (20) square feet. d.fr. 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 pernlitted in the Commercial Core (CC) and Commercial (C-I) zone districts. POliable and sandwich board signs are limited to the advertisement of Retail and Restaurant Uses. Portable and sandwich board signs are prohibited for Oflice Uses. (1) Portable sandwich board signs are limited to nine (9) square feet in size and shall not count in the aggregate sign area. (2) Businesses are limited to one sandwich board or portable sign per business. (3) Portable sandwich board signs must be made primarilv of wood or metal and must have a professional finish. (4) Insets must be chalkboard. Drv 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 ofwav or pedestrian malls overnight. (7) A separate sandwich board sign permit must be approved bv the Chief Building Onicial. 25 "",,'>, .~, ~,...~ ~....'" 2. Business directory signs. a. Type. The business directory signs shall be wall signs or freestanding signs. b. Number. There shall be not more than one business directory sign per lot. c. Area. The maximum permitted area of the business directory sign shall be as follows: For I 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. 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: la), Televisions, computer monitors, or other similar technological devices that create oscillating light. ~B1, Neon or other gas tube illumination, rope lighting or low-voltage strip- lighting. 26 'iOo..~ EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A-I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staffs evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicahle portions of'this title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of'the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be III conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses and neighborhood characteristics. D. The ef{ect o{the proposed amendment on traffic generation and road sa{ety. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an ef1ect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. ..,~"", RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: No specific parcels or neighborhoods are impacted by these amendments. I. Whether the proposed amendment would be in conjlicl with Ihe public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendments will not be in conflict with the public interest, and are in harmony with the purpose and intent of this title. 2 _~.,.___~~..._,>...,_~.._~_"._,_..~..~"..,....,~".~,.,._. ''''--~e_..''''''''''''_,'~ .. , MEMORANDUM ~ \Ill b FROM: Mayor Klanderud and City Council Chris Bendon, Community Development Director~ Sarah Oates, Zoning Officer -:5<:::::> TO: THRU: RE: Code Amendments-Section 26.510, Signs, First Reading of Ordinance No.lQ, Series of 2005. 2nd Reading Scheduled for March 14,2005. DATE: February 14, 2005 SUMMARY: Community Development Staff was directed by City Council to revise the sign regulations to allow for more flexibility in some areas of the code and to clean up several sections. Some of the modifications have been the result of suggestions of the 2003 Frick and Beer Downtown Retail Report and follow up by the Downtown Catalyst, Lisa Baker, with downtown merchants. Also incorporated are changes suggested by a special events committee made up of representatives of organizations in the area that host and plan events. Suggested changes include the following: . Real estates companies be permitted picture boxes similar to restaurant menu boxes . Anniversary dates of special events that use the Main Street light posts be lowered from 25 years to 10 years . . The number of signs oriented toward the special event venue be unlimited and a limited number be permitted to face outward from the event venue . Inflatable signs are proposed to be permitted under certain conditions for special events . The Special Events Committee can make exceptions with an option to send the request to City Council . The number and size of political signs be eliminated . Real estate sign regulations have been added to the commercial sign section of the code . Sandwich board signs be permitted with design standards . Vacant storefronts be required to provide a window display with certain criteria APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. -,.. _."~----'_'~'~'_-""""~"""~"'._'--'''''~'''''''----''''''-'~'''~-.-..,.,......,~-~-_.-~~~~-"";,..".~,_.,""..~,~,~~.~_.~~..~~_.','--,,_.._~,_._-,.._._~.-<",..,.- DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed amendments, section by section, below. Sections in which the recommendation differs between the Catalyst/committee comments, staff comments, and the Planning and Zoning Commission are called out below the relevant section: . Applicability, Section 26.510.020: This section discusses the applicability and scope of the sign regulations and an acknowledgement of the Aspen Highlands Village PUD sign regulations has been included. . Banners, et aI., Section 26.510.030(B)(3): Regulations for banners, et al. has been moved to Section 26.510.110(B), Policies Regarding Signage on Public Property. . Real Estate picture boxes, Section 26.510.030(B)(15): Real estate picture boxes have been added. . Outdoor Lighting, Section 26.510.030(B)(18): This section has been modified to acknowledge the lighting code and that that lighting of signs must comply with said section. . Sandwich Board & Portable Signs, Sections 26.510.040(A) and (G): These. sections have been modified to prohibit sandwich board and portable signs except as allowed per Section 26.51 0.130(D)(1 )( e), a section which discusses design, size and location. . Banners, et al., Section 25.510.040(S): Prohibits banners, et al. except as permitted per Section 26.510.11 O(B), Policies Regarding Signage on Public Property. . Outdoor Lighting, Section 26.510.070(B): Modification to acknowledge Section 26.575.150, Outdoor Lighting. . Policies Regarding Signage on Public Property, Sections 26.510.110(A) and (B): Sections modified to incorporate "Policies Regarding Signage on Public Property" in to the municipal code. This policy is currently an un- codified document that City Council approved in 2001. Changes to the policy itself, suggested by the community special events committee, are discussed below: o Allow unlimited number of signs oriented inwards towards event venues be permitted: Catalyst/Committee Recommendation: allowing for unlimited signs at the event. As outlined above Staff Recommendation: Staff supported the recommendation of the Committee. P&Z Recommendation: The P&Z recommended a limit of no more than two (2) signs per sponsor. 2 o Allow 5 signs oriented towards rights-of-way from event venues o Allow sponsorship names on signs on public property but limit to no more than 30% of the sign area o Allow one inflatable per event, no more than 20 ft. in height, if a suitable on-site location can be provided: Catalyst/Committee Recommendation: As outlined above allowing the City of Aspen Special Events Committee to approve no more than one inflatable. Staff Recommendation: Staff recognizes that these requests typically come up at the last minute and that sponsorship is important to attracting events to the city. Nonetheless, staff has concerns with the suitability of allowing an inflatable at every event and every location on public property within the City of Aspen. P&Z Recommendation: P&Z concurred with the staff recommendation which would require City Council approve inflatables with the criteria that it is placed in a suitable location and that there is a demonstrable community benefit. o Allow the Special Events Committee to grant exceptions that meet certain criteria with an option to send requests for exceptions to City Council o Allow event anniversary banners to be placed on the Main Street Light Posts at the 10 year anniversary versus the 25 year anniversary and then allow every 5 years: Catalyst/Committee Recommendation: The special events "super group" recommended the anniversary date in which local organizations may placed banners on the Main Street Light Posts be reduced as outlined above. Staff Recommendation: In 2001, Council reiterated its policy as it relates to the banners on the Main Street Light Posts and that they only be allowed for 25, 50 and 75 year anniversaries of local organizations and for significant local, national and international events. Staff supports a policy of recognizing organizations which have endured and been an integral part of Aspen and therefore, staff believe the policy should remain in place as it is currently. P&Z Recommendation: recommendation. P&Z agreed with staff s . Political Signs, Sections 26.510.120(B)(2) & (C)(2): The suggested change is to recognize political signs are permitted as a temporary sign without any additional regulations other than political signs are not permitted 3 in public rights of way except as permitted per Section 26.510.110(B), Policies Regarding Signage on Public Property. . Sale Signs, Section 26.510.120(C)(3): The time in which sale s1gns must be removed has been lowered from 3 months to 30 days: Catalyst/Committee Recommendation: Lisa Baker suggested the regulation regarding sales signs be eliminated and the perhaps the City of Aspen should not be regulating when businesses have sales. Staff Recommendation: Staff had recommended the duration between when sale signs can be installed be reduced from 3 months to 30 days recognizing that perpetual "sale" and "going out of business" signs are an issue for some members of the community. P&Z Recommendation: The P&Z recommended the duration be 2 months. P&Z stated that 30 days was too short of duration and that 2 months was more appropriate. . Real Estate Signs, Section 26.510.120(C)( 4): The current code is silent on real estate signs in non-residential zone districts. Staff has suggested language that is the same as residential zone districts. . Awnings, Section 26.510.130(D)(I)(b): Based on the excessive lettering on some recently installed awnings, staff has included awning lettering in the aggregate sign area allowed per each business. Currently, awning letters are not included in the aggregate sign area, allowing businesses with awnings far more sign area than those without awnings. . Standards for sandwich board and portable signs, Section 26.51O.130(D)(I)(e): Staff has suggested design, size and location regulations based on a temporary approval of sandwich board signs that Council granted this past summer. Also, when the sandwich board regulations were temporarily adopted, only retail and restaurant uses were included. Staff has had to do enforcement with regards to real estate and timeshare companies placing sandwich board signs on the mall. The language in the proposed ordinance does not include real estate companies and Council should determine if the code should regulate what uses are allowed sandwich board signs: Catalyst/Committee Recommendation: The Downtown Catalyst has received positive feedback from business owners with regards to the sandwich board signs. Staff Recommendation: Community Development staff has reservations as it relates to sandwich board signs because of the visual clutter it creates. Further, stronger enforcement will need to be instituted to ensure design quality and the proper location of the signs. 4 P&Z Recommendation: P&Z concurred with staff that proactive enforcement will need to take place to ensure quality design and proper placement of the signs. . Vacant Storefronts, Section 26.51O.140(B): This section of the code has been modified to require property owners with vacant storefronts to provide window displays after the space has been vacant for more than thirty (30) days: Catalyst/Committee Recommendation: This suggestion originated in the business neighborhood meeting and City staff at that meeting agreed to consider this recommendation. Staff Recommendation: Community Development staff has concerns about its ability to enforce this regulation should it be adopted as well as the efforts it would take to coordinate. P&Z Recommendation: P&Z concurred with staff and recommended this proposal not be adopted. STAFF RECOMMENDATION: Staff recommends that the City Council recommend approval to the amendments with the exception of Section 26.51O.110(B)(5)(b) as it relates to inflatables, Section 26.510.II0(B)(4)(a) as it relates to the banners on Main St. Light Posts and Section 26.510.140(B) as it relates to window displays in vacant storefronts. P&Z RECOMMENDATION: The Planning and Zoning Commission agreed with staffs recommendation and had two additional comments. The change to Section 26.51O.110(B)(5)(b) would allow for unlimited signs oriented towards a special event on City property. The Planning and Zoning Commission recommended that the code allow for no more than two signs per sponsor. The second recommendation relates to Section 26.51 0.120(C)(3), Temporary Sale Signs. Currently, the code allows sales signs to be up no more than fourteen (14) days and the signs must then be removed for no less than three (3) months. The Downtown Catalyst, Lisa Baker recommended not regulating the duration sales signs should be up or down. Community Development Department staff took a more moderate approach and suggested that sales signs be removed for at least thirty (30) day increments. The Planning and Zoning Commission recommends that sale signs be removed for not less than two (2) months before the signs can be installed for another fourteen (14) days. RECOMMENDED MOTION: "I move to approve Section 26.510, Signs, as proposed in the Community Development Department memorandum." ;':--~~*~~'";J:.:L"r~~~? . 5 Attachments: Exhibit A: Proposed Amendments to Section 26.510, Signs Exhibit B: Review Standards 6 ORDINANCE NO. to (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS 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 City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance 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 Community 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, during a public hearing on January 18, 2005, the Planning and Zoning Commission recommended, by a six to zero (5-0) vote, the City Council approve the amendments to Section 26.510; and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony for code amendments to Section 26.510; and, WHEREAS, City Council finds that the 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 City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL 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. 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 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 environment. 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 environment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being ofthe City of Aspen as a place to live, vacation and conduct business. 2 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 scemc views. E. Enable the identification of places ofresidence 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 of 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. 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 3 for Aspen Mountain PUD were approved as City Council Ordinance 43, Series of2003. 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. I. 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 26.510.11 O(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 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. 4 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. II. 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 5 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: I. 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; 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 6 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 26.51O.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 26.51 0.040(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. 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. 7 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. 1. 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 8 _____~' ._.._____.~_~_...._._..._.~,,~"~...._.._______.~"W".,.,. Development Director upon notice if the normal or emergency use of that right-of-way is changed to require its removal. P. Strings oflight and strip lighting. Strip lighting outlining commercial 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: I. 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. No. 55-2000, 9 13; Ord. No. 11-2001,9 I) S. Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Section 26.510.11 O(B). 26.510.050 Sign measurement. 9 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. 26.510.090 Structural characteristics. 10 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 (15) 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.1t 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 Councilor in compliance with Section 26.510.11 O(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 I. 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 (I) 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 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 II 26.510 of the Aspen Municipal Land Use Code and to assist City staff to 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. 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 12 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 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. ]3 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 noncommercial 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. 4. 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 hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries (25'h, 50'h, 75'h and 100'h) oflocal 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. 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 14 assure replacement of damaged banners and retrieval of the banners from the City (see Section H for maintenance requirements). The applicant shall be 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 (25'h, 50'h, 75'h, and 100'h) 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, 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. h. Priority: Banner and flag applications shall be handled on a first come, first serve basis. Applicants may be asked to alternate 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. 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. 15 , - 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 signs 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 ifthere 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. 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. 16 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. f. Duration: no more then fourteen (14) days. Applicants are permitted to maintain their signs for 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 17 ,......".._---~'''''''''''.~-_.._,-_.-''------.......-~.,". -" ,.,"..~. .._.",-.-'-~~'- a. Purpose: The purpose ofthis 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 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 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 corners, 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 commercial 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: (I) 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. (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 18 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 Department 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. g. Maintenance: All banners shall be maintained m an attractive manner. 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. 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: 19 I. 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. 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: I. Temporary sandwich board signs carried 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: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at anyone 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 oflice, 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 26.510.11 O(B) Policies Regarding Signage on Public Property. 20 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 (I) temporary sale sign in any window, and a total of not more than three (3) temporary sale signs for each use. c. 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. 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: I. Home occupation, multiple-family dwelling complex, or mobile home park identification signs. 21 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: I. 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 anyone 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. (I) 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 anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot.Jine 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 anyone use on anyone frontage exceed twenty (20) square feet. (4) Illumination. The sign may be illuminated except when located in a residential zone district. 22 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 26.510.120 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 anyone 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 anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot 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 anyone 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-l), Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Commercial (NC), Office (0) 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: I. 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 awnmgs. 23 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. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (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 anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot 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 anyone use on anyone frontage exceed twenty (20) square feet. 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 Commercial (C-I) zone districts. Portable and sandwich board signs are limited to Retail and Restaurant uses. Portable and sandwich board signs are prohibited for Office Uses. 24 (1) Portable sandwich board signs are limited to nine (9) square feet in size and shall not count in the aggregate sign area. (2) Businesses are limited to one sandwich board or portable sign per business. (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. b. Number. There shall be not more than one business directory sign per lot. c. Area. The maximum permitted area of the business directory sign shall be as follows: For I 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. 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: I. 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. 25 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 Ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 15'h day of February 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 15th Day of March 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney 26 EXHIBIT A PROPOSED AMENDMENTS: Staff proposes the following changes to the text of the Land Use Code, with the text to be added underlined and the text to be deleted with a strikethroag:h: 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 CHAPTER 26.510 SIGNS 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 ofthis 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. 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 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 environment. 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 environment is of foremost importance. I These sign regulations are intended to: A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment. 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 scemc views. E. Enable the identification of places ofresidence 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 of 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. 2 N. Regulate signs in a manner so as to not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians. 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 thc Aspcn Highlands Village PUD. Sign rcgulations for Aspen Mountain PUD wcre approved as Citv Council Ordinance 43, Series of2003. No sign shall be allowed except as permitted by this Chapter. 26.$10.030 Praeeoure faF sigB-flel'fltit approval. 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. I. 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, allil-balloons and inflatablcs -shall bc pcrmittcd t1Cr Scction 26.510.110(8), Policies Regarding Signage on Public Propcl1v. Strcamcrs ,!Dd balloons shall be permitted in aSc"ociation with a retail special event or sale of Jimiled .Q~ration~.or other !Sa:; Iilled fi!Surc;; adverti;;ing a "pccial campaign. driyc. actiyit:; D:' ('VGnt of a ci'.'ic. philanthropic, cdueationaL 01' rcligiou;; organi;~ation for noncommercial purpO:;G;;. ;JUbiec~ to thc follfJwi-Hg-' ll. Location. /\ny ;;uch tcmporary sign which cxtcnd:: over or onto a public right of 'Nay ;;half be erected and maintained iR ;;HCR a manner a:; to not interfere wi+h-or ob::truct acce:;:;, activity, or vi:;ion along any such public right of Wll)'. and :;halt bc subject to thc writtcn approval of the city manager. b. Timing. Such ~emporary ;;ign;; ma)' be ereeted aRd maintained for a 11(,'r-iBfH1o~ to exceed fourteen (1 'II day:; prior to the date of whieh the campaign. dFivl." 3 aetfvity, or e';ent ad\"erti~;ed is schecffiled to occur alttl-sltall be remo\"cd within-three (J) days of:hc termination of saeh ca]~lpaign, dri.. c, ac:iyity, or eyel'lt. e. Dimcl'l:;ion:;. Temporary ::ign:; "hall not cxcccd fifty (50) :;quarc fuct in area. 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 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. 4 II. 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 cstate 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,J2r real estate offerin~. 16. Public notices. Official government notices and legal notices. 1 7. 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. Lisht.; permanently af'lj"ed to a buildins and made an inte;;ral part of4fle lJutklffig-ilf-Gflft€€<urally, dec;isl'led-ffir Ihat buildin;;. directed oflly-at-and not a\;yay-+fffiH the building, and :;hielded in such a manner that the ligh: ;;ourcc ic; fi~wd and ;.; not directly \ i:;ible from any public right of way or any area out::idc the lot on ",hiel; the buildins ic; located, provided :;uch lish!:; arc not tla.;hing lights. 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-not exccecling fOOf 5 (4-)-1iquilH:~-f.eet-iH-area-H+F-each eXflBsetktgn faco IlBf-cJ,ceeding aH uggregates-i-gfl-aR.'it-B.f eight (8) square toet. 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 buildingc-ifthe applieum i~; not thc owner or a tenant; 3. Proposed location of the sign on the building or parcel; 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 6 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 26.51 0.130( D)( 1..lliJ. 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 26.51 0.040(B)(20) and siQns 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. 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. 7 G. Portable and wheeled signs"~xeePt as allowed per Section 26.5] O.130( D)(] )(e)., H. Roof signs. 1. 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 commercial 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: I. Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 8 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. No. 55-2000, 913; Ord. No. 11-2001,9 I) ;i, Banners and pennants used t(lr commercial purposes not associated with a special event approved bv thc Special Events Committee approval per Section 26.510.11 O( 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 9 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. lllull1ination 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. (Ord. No. 9-2002, 913) 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 (15) 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. 10 C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall ofthe 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 26.510.11 O(B). 1~()1icies Regarding Signage on Public Propertv. 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 tllis Chapter. B. Policies Regarding Signage on Public Property I. 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 (1) 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 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 staff to 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. 11 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 oflightweight 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 oflightweight 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. 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 int1atablc shape or iigme desil!ned or llsed to attract 12 attention to a business event or location, Inflatable promotional dcviccs shall h~sonsidcr,,-d to be temporary signs,,-,!_dcT the terms of this Chaptcr and. 'evllerc applicable. subiect to the regLllations ther~o[ 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 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 noncommercial purposes. 13 """..... ...... 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. 4. 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 hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries (25'h, 50'h, 75'h, and 100'h) oflocal 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 b(lnncr~; and llab~; are fll'ohibitedis 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 }hall bc limited to no ..nore than 30'V,) of the area of the sig[!. 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. ___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 be required to submit an 14 ><.'h" c 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 (25'h, 50'h, 75'h, and 100'h) 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, 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. h. Priority: Banner and flag applications shall be handled on a first come, first serve basis. Applicants may be asked to alternate 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. 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 ofthis 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 ofthe 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 to one+H-bunner per booth not to eJ;ceed tiny-~-sttl*f€ 15 re<:t--tffiaI.or one sign not to exceed ten+Hl) ~iquare feetJimited in size to three (3) fed bv six (6) feet. The numbcr of siflns oriented towards the cvent venue shall be un limited and the number of siflns orientcd towards the riflhts-of~wav shall be limited to live (5) which shall not extent more than ten nO) feet above grade.- Banners must be made of nylon, plastic or similar material. Paper banners and flags are prohibited. The Citv Council lIglL"lmrove onc inl1,ltablc per cve!1l. of no more than lwentv (20) feet in heiflhr if a suitable on-site location can be provided illld if there is a demonstrable co I111TItlnitv: benefit to the evcnt. 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 sifln. Unattended temporary signs conveying a commercial message shall be set back at least ten (10) feet from the public right-of-way and .,hall be oriented to the attendoes.ffi:the o':ant. 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. 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 mav grant exccptions to the size and number reflulations if deemed an appropriate location and/or ~yent. Included in its evaluation. the Special Events Committee shall consider iLtberc is a demonstrable communitv belle1it to the event. Any cxceptions from the abo';e requirement,; :;11(111 requirc City CouReil review and approY(lIThe Special Events Committee. at its discretion mav send anv requests for exceptions to Section 26.510.1 10(13)(5) to Citv Councilltlr review and approval. 16 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. f. Duration: no more then fourteen (14) days. Applicants are permitted to maintain their signs for 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 noncommercial special events open to the general public provided the following policies and procedures are followed. These 17 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 (I) any type of durable material; (2) semi-circular wind holes in banner (3) metal rivets at all corners, 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 commercial 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%.s1f are~__(,Lth~ 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: (I) 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. (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 oflice 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 Department within 30 days after the display week(s). The City of Aspen assumes no 18 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 I s, 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. g. Maintenance: All banners shall be maintained III an attractive manner. 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. 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. 19 b. Number. There shall be not more than one temporary real estate for sale or rent sign per teIl.lr,it. 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. "._._._"_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. Tel11Porarv political signs. Temporary political signs announcing political candidates seeking public oflice. pol itieal parties. or political and public issues shall be nermitted. 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: I. Temporary sandwich board signs carried 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: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at anyone 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 llermitted,_ There shall he no temporilrrnolitical signs nermitted on or loeale(t!luh>: nuhlic right-of-way or on nuhlic pronertv cxccpt as permitted per Section 26.510.1] oon Policies Regarding Signage on Public Propertv.~;uh.icct to thc !(lllov, in,;: a. Type. The temponlr)' political ~;ign shall be a wntki"!;n-H''-BanfleF, h. Number. 20 .----- (1) Pri','utlJ-pfepcrty. There :;hall not be more than OB€ t€mporury pol it icul :;ign for each u::c. e'l Public ri[;ht of v;ay. 'fhere shall be no temporary political sign:; permitted on or located in the publ ic ri[;ht of 'AUY or on public property. .^,reu. Theiil't'a-fJftemporary political :;ign:; ;:hall nBh,'*€et'(~ u___ d. Ilei[;ht. Tel-BflBl'<u'y politieal :;1[;n:; :;l1all-llil1'-flR}jeet higi-K'f-Ihafr-the c*",-~lffie'Hf-parupct wall of:hat poftifH1-f,fthe principal bail ding in ,vhich thC-ftprJtf6iifll who applicd f(lr the :;igl1 i:: locatcd, if it is a wall :;i[;n. c. --!~fal-ffi~k~ffipHrary political :;igns may be-€f€€ted or maintained for a pcriod not to eJ:coed thirty (30) days prior to thc date ofthe election to which :;uch :;ibn:; arc applicablc, and ::hall bc removed within se\cn \7) clay:; followin[; ::uch election. Tempomry political :;ign.; wncerninb i:;:;ue:; or candidate:; which are not on a ballot may be- maintaiocd f(Jr a pcriod not to exceed thirty (30) day::. 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. c. Area. Each temporary sale sign shall not exceed three (3) square feet. d. Duration.~cept for the end of :;eason pcriod of March I through Apfi.\-l~,-lIemporary sale signs may be maintained for a period not to exceed fourteen (14) days, and shall be removed at the end ofthe 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 CD months following the removal of the sign(s). Temporal'y ::ale :;i1,;n;: may be maintained durin1,; :ho end of seG:;on period of Mumh 1 through ,^.pri I 15 provided that thcy arc remlwcd following the cnd of the ::ale and no tcmporary :;ale :;ign ha:; been di::played for a pcriod of thirty (30) day:; immediately pf0cedin[; the display-and. provided further. that no tcmflBHiry-sale ;;ibn:; shal1-l'lei'lel'mil-1€d,-Jlli-fr-fhree (3) t11lHttlfiJffiod follov.ing the display of end of S€aSBtl s-tgt1& 4. Real estate j(Jf sale or rent sign. Temporary real estate signs advertising tbe sa!e'!!.!:JentaLofthe propertv l![>Slt1 which the sign is located, subiect to tl),c_l(JlIgwing: 21 .__________-L__ Type. The _!S;L1)129rarv real estate f~)J' sale or rent sign shall be a Ih:estanding or wall sigll, b. Number. There shall be not more than one temporary rcal cstatc !()r S:i[C or rcnt sign pcr unit. c. Area. Thc area or-the temporarv sign shalll10t excced three (3) square feet. d. [!eight. 'I'hc hcight of thc temporarv sil',n shall not cxcccd five (5) I(;"J as m~asured frolll the l',rade at the base of the sil',Q" c. Spccial conditions. The temporarv Sil',l1 shall bc rcmovcd within ~~ven (7) davs 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: I. 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: I. Church, school or public administrative building identification signs. 22 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 anyone 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. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone 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 anyone use on anyone 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 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: I. 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 anyone 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. 23 (2) Wall sign. The area ofa wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone 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 anyone 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), Neighborhood Commercial (NC). Oflice (0) 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: I. 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 awnmgs. b. Number. There shall be not more than a combination of two (2) of the following three (3) types of signs: ooe-freestanding-sign~ per w;c, ooe-projecting sign~ per u~;e, and/or ooe-wall sign~, including a cut-out letter sign, per u~;e, 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 saicj signs shall count ?gainst the aggregate sign area pennltjed as if the window sign was a cut-olllletter sign. c. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (3) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. 24 , # (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 anyone 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 anyone use on anyone frontage exceed twenty (20) square feet. d.Eh 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. Portablc and s.mdwich board signs. Portable and sandwicb board ?igns shall be permitted in tbe Commercial Core (CC) and Commercial (C-I) zone districts. Portable and sandwich board signs me limited to the advcrtisement of Retail and Restaunmt Uses. Portable .md s.mdwich board signs are prohibited for Office Uses. (I) Portable sandwich board signs are limited to nine (9) square feet in size and shall not count in the aggregate sign area. (2) Businesses are limited to one sandwich board or p9'1ablc sign per business. (3) Portable sandwich board signs mllst be made primarily of ,vood or mctal and must have a professional finish. (4) Insets mllst be chalkboard. Drv erase boards are prohibited. (5) A six (6)liJot travcl width must be maintained on sidewalks !.md a eight (8) foot travel width on the pedestrian malls. (6) Sandwicb board and p0l1able signs are not permitted on rights 9Jway or pedestrian malls overnight, (7) A separate sandwich board sign permit must be approved bv Ul_e Chiemuilding Slllieial. 25 , '" 2. Business directory signs. a. freestanding signs. Type. The business directory signs shall be wall signs or b. Number. There shall be not more than one business directory sign per lot. 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--7 112 square feet, plus 114 square foot for each business over ten businesses, to a maximum sign area of 10 square feet. 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: lA, Televisions, computer monitors, or other similar technological devices that create oscillating light. :Zh), Neon or other gas tube illumination, rope lighting or low-voltage strip- lighting. 26 EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A-I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staffs evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions ofthis title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the A.\pen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be III conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safi3ty. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities. including but not limited to tramportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an eflect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the suhject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: No specific parcels or neighborhoods are impacted by these amendments. J. Whether the proposed amendment would he in conflict with the puhlic interest, and is in harmony with the purpose and intent olthis title. RESPONSE: Staff believes the proposed amendments will not be in conflict with the public interest, and are in harmony with the purpose and intent of this title. 2 MEMORANDUM FROM: Aspen Planning and Zoning Commission Joyce Allgaier, Deputy Direct~A Sarah Oates, Zoning Officer ~ TO: THRU: RE: Code Amendments-Section 26.510, Signs DATE: January 18, 2005-Continued from December 7, 2004 SUMMARY: Community Development Staff was directed by City Council to revise the sign regulations to allow for more flexibility in some areas of the code and to clean up several sections. Some of the modifications have been the result of suggestions of the 2003 Frick and Beer Downtown Retail Report and follow up by the Downtown Catalyst, Lisa Baker, with downtown merchants. Also incorporated are changes suggested by a special events committee made up of representatives of organizations in the area that host and plan events. Suggested changes include the following: . Real estates companies be permitted picture boxes similar to restaurant menu boxes . Anniversary dates of special events that use the Main Street light posts be lowered from 25 years to 10 years . The number of signs oriented toward the special event venue be unlimited and a limited number be permitted to face outward from the event venue . Inflatable signs are proposed to be permitted under certain conditions for special events . The Special Events Committee can make exceptions with an option to send the request to City Council . The number and size of political signs be eliminated . Real estate sign regulations have been added to the commercial sign section ofthe code . Sandwich board signs be permitted with design standards . Vacant storefronts be required to provide a window display with certain criteria APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. ~ '",.">,, DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed amendments, section by section, below. Staff comments, if there are any, are in italics: . Applicability, Section 26.510.020: This section discusses the applicability and scope of the sign regulations and an acknowledgement of the Aspen Highlands Village PUD sign regulations has been included. . Banners, et al., Section 26.510.030(B)(3): Regulations for banners, et al. has been moved to Section 26.510.110(B), Policies Regarding Signage on Public Property. . Real Estate picture boxes, Section 26.510.030(B)(15): Real estate picture boxes have been added. . Outdoor Lighting, Section 26.51O.030(B)(18): This section has been modified to acknowledge the lighting code and that that lighting of signs must comply with said section. . Sandwich Board & Portable Signs, Sections 26.510.040(A) and (G): These sections have been modified to prohibit sandwich board and portable signs except as allowed per Section 26.51 0.130(D)(1)( e), a section which discusses design, size and location. . Banners, et aI., Section 25.510.040(S): Prohibits banners, et al. except as permitted per Section 26.510.11 O(B), Policies Regarding Signage on Public Property. . Outdoor Lighting, Section 26.510.070(B): Modification to acknowledge Section 26.575.150, Outdoor Lighting. . Policies Regarding Signage on Public Property, Sections 26.510.110(A) and (B): Sections modified to incorporate "Policies Regarding Signage on Public Property" in to the municipal code. This policy is currently an un- codified document that City Council approved in 2001. Changes to the policy itself, suggested by the community special events committee, are discussed below: o Allow unlimited number of signs oriented inwards towards event venues be permitted o Allow 5 signs oriented towards rights-of-way from event venues o Allow sponsorship names on signs on public property but limit to no more than 30% of the sign area o Allow one inflatable per event, no more than 20 ft. in height, if a suitable on-site location can be provided: Staff recognizes that these requests typically come up at the last minute and that sponsorship is important to attracting events to the city. Nonetheless, staff has concerns with the suitability of allowing an inflatable at every event and every location on public property within the City of Aspen. 2 p ,,,."~ ......".. ....,.;,.... o Allow the Special Events Committee to grant exceptions that meet certain criteria with an option to send requests for exceptions to City Council o Allow event anniversary banners to be placed on the Main Street Light Posts at the 10 year anniversary versus the 25 year anniversary and then allow every 5 years: In 2001, Council reiterated its policy as it relates to the banners on the Main Street Light Posts and that they only be allowed for 25, 50 and 75 year anniversaries of local organizations and for significant local, national and international events. Some organizations have felt their events should be allowed the same consideration as World Cup and X-Games have been given the last several years as national events. These organizations have suggested the modification to the policy. . Political Signs, Sections 26.510.120(B)(2) & (C)(2): The suggested change is to recognize political signs are permitted as a temporary sign without any additional regulations other than political signs are not permitted in public rights of way except as permitted per Section 26.51O.IIO(B), Policies Regarding Signage on Public Property. . Sale Signs, Section 26.510.120(C)(3): The time in which sale signs must be removed has been lowered from 3 months to 30 days as suggested by the Downtown Catalyst. . Real Estate Signs, Section 26.510.120(C)(4): The current code is silent on real estate signs in non-residential zone districts. Staff has suggested language that is the same as residential zone districts. . Awnings, Section 26.510.130(D)(I)(b): Based on the excessive lettering on some recently installed awnings, staff has included awning lettering in the aggregate sign area allowed per each business. Currently, awning letters are not included in the aggregate sign area, allowing businesses with awnings far more sign area than those without awnings. . Standards for sandwich board and portable signs, Section 26.510'130(D)(I)(e): Staff has suggested design, size and location regulations based on a temporary approval of sandwich board signs that Council granted this past summer. The Downtown Catalyst has received positive feedback from business owners with regards to the sandwich board signs. Community Development staff has reservations as it relates to sandwich board signs because of the visual clutter it creates. Further, stronger enforcement will need to be instituted to ensure design quality and the proper location of the signs. . Vacant Storefronts, Section 26.510.140(B): This section of the code has been modified to require property owners with vacant storefronts to provide window displays after the space has been vacant for more than thirty (30) days: This suggestion originated in the business neighborhood meeting Community Development staff has concerns about its ability to enforce this 3 _. ~, - ,'" regulations should it be adopted as well as the efforts it would take to coordinate. PROPOSED AMENDMENTS: Staff proposes the following changes to the text of the Land Use Code, with the text to be added underlined and the text to be deleted with a strikethroHgh: 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 26.510.11 0 26.510.120 26.510.130 26.510.140 CHAPTER 26.510 SIGNS 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. 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 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 environment. 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 environment is of foremost importance. 4 - """ ........ - These sign regulations are intended to: A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment. 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. 1. Preclude signs from conflicting with the principal permitted use of the site or adj oining sites. .T. 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 of unsafe signs, and require signs to be constructed, installed and maintained in a safe and satisfactory manner. 5 , 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. 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 of2003. No sign shall be allowed except as permitted by this Chapter. 26.510.030 Praccdure far tiigH permit IlflflraYll1. 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. I. 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, aOO-balloons_and inflatables -shall be permitted per Section 26.510.11 OrB), Policies Regarding Signage on Public Propertv. Streamers and balloons shall be permitted in association with a retail special event or sale of limited duration. or othcr ga,; fillcd figlH'cs adyet1ising a special campaign. driw, activit)' or evcnt o!'a civic, pHilanthropic. educational, or religious organi;~ation for noncommcrcial pllrpo:;e,;, ';llbject to the f(Jllo'"ing: a. Loca,ion. ,^.ny 'illCh temporary ,;igR which eJ;tcml,; over or onto a public right of '.yay shall be ereeted and maintained in SCIcli a mllnner as to not interfere 6 with or oktruct access, acti'iity, or vision alollg allY such public right of way, and ~;hall be ,;ubject to thc written appnJ\'al of the city manager. b. Timing. Such temporary sign,; may be erectcd llnd maintained for a period not to eJ[ceed fourtcoll (1'1) days prior to the date of wHich tHe campaigll, drive. actiyit;., or event adwrtised i:; scheduled to occur and shall be rernovcd within three (3) dH)%ofthe termination of ,mch campaign, drive, activity, or event. c. Dimen~;i()n,;. Temporary ,;igm ,;hall not exceed fifty (50) ,;quare feet in area. 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 oftwo (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 oftermination 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 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. 7 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. I 1. 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 rcal estate picture boxcs. 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 rea] cstate offcring. 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 ;'6.575.150. Ligbt:; permuncntl) affixed to a building and madc an integral p;111 of tho building architecturally, de:;igned Itlr that building. directed only at and Rot uwa-y---I-Rlffi-tlle 8 building, and shielded in :meh a numBcr that the li;;ht ~;ouree is fixed and is not (iireetly vi,;ibleli-om an)' publie right of way or any mca outsidc the lot on which the building is located, provided such lights are not flashing ligllts. 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 not excceding IO~lr (1) ;:quare fect in area f()r each e)(po;:ed ~:ign laee Bor exceedin;; un uggregate ;;ign urea of eight (8) square feet. 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, if the applicant i:: not l~lC owner or n tenflfl.; 3. Proposed location of the sign on the building or parcel; 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 9 .-",,''''', ...".,.,.... ~_.. "J!' 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 ofthis 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 allowcd per Section 26.510.130(D)(l )(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 26.51 0.040(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. 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. 10 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 exccpt as allowed per Section 26.51 0.130(J2lC]J( e)., H. Roof signs. 1. 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 II , J 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 commercial 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. No. 55-2000, 913; Ord. No. 11-2001,9 I) S. Banners and pennants useu for commercial purposes not associated with a special cvent approved bv lhc Special Evcnts CommiUee approval per Section 26.510.1101 B). 12 """ ~, ..--- 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 comDlv 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. (Ord. No. 9-2002, 913) 13 .-+"." , ~".."...-. 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 (15) 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 proj ect 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 conlPliancc with Section 26.510.110(13), Eolicies Regarding Signage on Public Propertv. 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 (I) 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, 14 .' >,~ '""..'" '. ./ 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 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 ofthe 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 oflightweight 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 oflightweight 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. 15 - ,...., ......... '-.,."."" 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. 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 ofthe Aspen Municipal Code. The term shall also include "displays" as that term is defined above. Sign, Inflatable means anv inflatable shape or tigurc designed or used to attract attention to a business event or location. Inf1atable promotional devices shall be considered to be temporary signs under the terms of this Chapter and. where applicable. subiect 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 16 - '''' " '-.,,, " 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 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 noncommercial 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. 4. 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 hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversariesbeginning at an organizations fifth (5th) vear and shall be allowed in five (5) year increments thereafter (atlt ~'h,Bih. and I OO'hl Oth. 15'11, 20th. etc.) 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 bam'ler:; and !lag:; are prohibitetlis 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 17 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'Vo of tile 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. 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 be 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 (25'h, 50"" 75th, and 100'h) 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 Couricil. 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, 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. ___ h. Priority: Banner and flag applications shall be handled on a first come, first serve basis. Applicants may be asked to alternate 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. 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 18 ,"'" ,...,.., ,...."...' ....,; 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 ofthe 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 to one (I) baflller per Booth Hot to exceed finy (50) ,;quaTc feet total or one sign Hot to e)(ceed ten (l0) square feet limited in size to three (3) feet bv six (6) feet. The number of signs oriented tow,uds the event venue shall be unlimited and Jhe number of signs oriented towards the rights-of~wav 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. '[he Special Events Committee may approve one inflatable per event of no more than twentv (20) feet in height if a suitable on-site location can be provided and if there is a demonstrable communitv benefit to the event. 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 LIP 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 and "hall be oriented to the attendee,; of:hc cvent. d. Cost/F ees/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. 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. 19 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 cvcnt. Included in its evaluation, the Special Events Committec shall consider if there is a demonstrable communitv benefit to the event. Any exceptions from the above requirements ~J!lllll require City COllllcil rcviev. and upprovalThe Special Events Committee, at its discretion Olav send anv requests for exceptions to Scction 26.5] O. 1 I 0(B)(5) to Citv 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. f. Duration: no more then fourteen (14) days. Applicants are permitted to maintain their signs for 20 -"" ..-~ 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 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 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) met<;il rivets at all corners, 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 commercial 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 limitcd to no morc than 30'% or area or 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: (I) 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. (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. 21 (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 Department 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 I s, 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. g. Maintenance: All banners shall be maintained III an attractive manner. 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. 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. 22 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: I. 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 tffi unit. _____c. 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. Temporarv political signs. Temporary political signs announcing political 9andidates seeking public office, j)olitical j)arties. or j)olitical and j)ublic 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: I. Temporary sandwich board signs carried 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: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at anyone time. 23 ,~e..." ""~:..J 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 12(;Dnittcd. There shall be no tcmporarv political signs permitted on or located in the public right-of-way or on public propcl1v except as permitted per Section 26.5 I 0.11 0(13) Policies Regarding Signage on Public Propertv.subject to the fol\owing: a. Type. The temporary political :;ign :;hall be a wall :;ign or banner. b. Number. (1) Private property. 'l"here shall not be more than one t~mporary politieal .;ign for each use. (2) Public right of way. Thcre 5hall be no tcmporary political sii,."fl5-permit:ed on or located in the public right of way or Oil public property. ,^-rea. The area of temporary political siglls :;hall not c)(cced-fuw d. Height. 'l"emporary political signs shall not projeet higher thun thc €a\C line or pan:pet wall oftllat portion of tile principal building in wlli€lHfle-aflplK'ilflt who applied for tile :;i:;n i:; located, iLt is a ..vall ::ign. e. Dur~:tion. Ter:lporary political signs lllay be creeted or maintained j{H,...a-pcriod net to m;cced :hirty (30) days prior to tile aate of the election to whiefl.-ffi!elJ :;;gn:; are applicablc, ~:nd ::hall bc removed witllill sevcn (7) days following ::uch clcction. ~'emp()rary political :;igns concerning is:mes or candidate:: 'Nhich are not on a ballot may bc maintained for il period not to exceed thil1y (30) aay::. 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. c. Area. Each temporary sale sign shall not exceed three (3) square feet. 24 ......-.. ....... "".,/. ......" d. Duration. !2xcep: for the cnd of sca:;on period of March I lRf<J!lgfl ,\pril 15, tIemporary 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 three-thritv (3Q) months days following the removal of the sign(s). Tempomry :;ale signs may be maintained during the end of :;ea:;eI~ of March I :hrough ,^,priI15 pro';ided that thcy arc rCl11(wcd follo'""ing the end of the sale and no temporary :;a!e :;ign has been di:;played f{)j' a period of thirty (30) day:; immcdiutcly preceding the display and, provided fUlther. that no temporary sale :;ign:; shal-l-ht.'-flt-'ffiti-Hed-J.{7f-a-lRree-fB monthiJeHod f{)lIowing the ~) of end of :;ellson ~ 'h____ Real estate for sale or rent sign. Temporarv real estate signs advertising the sale or rental of the propertv upon which the sign is located. subiect to the following: a, Tvpe. The temponu'v real estate fur sale or rent sign shall be a freestanding or wall sign. b. Number. There shall be not more than one temporarv real estate for sale or rent sign per unit. e. Area. The area of the temporarv sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shall not exceed tivc (5) feet as l11casured from the grade at the base of the sign. e. Special conditions. The temporffi"V sign shall be removcd within seven (7) davs of the salc or rental of the real cstate 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: I. 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. 25 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: I. 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 anyone 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. (I) 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 anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot 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 anyone use on anyone 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 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: 26 I. . 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 anyone 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. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign. The area ofa wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot 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 anyone 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), Neighborhood Commercial (NC). Oflice (0) 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: I. 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 awmngs. b. Number. There shall be not more than a combination of two (2) of the following three (3) types of signs: one-freestanding-signii fl€Hi5€, OHe-projecting signii pcr w;c, and/or OHe-wall signii, including a cut-out letter sign, per usc, subject to the area requirements in Section 26.51 0.130(D)( 1)( c). In addition, there shall be no limit on the 27 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; lJrovided, that said si gns shall count against thc aggregate sign mea pcrmitted as if thc window sign was a cut-out lctter sign. c. Area. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (3) Wall sign. The area ofa 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 anyone 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 anyone use on anyone frontage exceed twenty (20) square feet. d.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 thc Commcrcial Corc (CC) and Commercial (C- 1) zone districts. Pm1ahle and sandwich board signs are limited to thc advcrtisement of I\et'bil and Restaurant Uses.' P0l1able and sandwich board signs arc prohibited for Office Uses. (1) Portable sandwich board signs are limited to nine (9) square feet in size and shall not count in the aggregatc sign arca. 28 ~,.", '",<,.<>, (2) Businesses are limited to one sandwich board or portable sign per business. (3) Portable sandwich board signs must be made primarilv of wood or metal and mllst have a professional finish. (4) Insets must be chalkboard. Drv erase boards are prohibitcd. (5) A six ((i) l()ot travel widlh mllst be maintained on sidewalks !ll1d a ei ght (8) f()ot travel width on the pedestrian malls. (6) Sandwich board and portable signs arc not pcrmitted on rights of wav or pedestrian malls overnight. (7) A separate sandwich board sign permit must be approvcd bv the Chief Building Official. 2. Business directory signs. a. freestanding signs. Type. The business directory signs shall be wall signs or b. Number. There shall be not more than one business directory sign per lot. c. Area. The maximum permitted area of the business directory sign shall be as follows: For I to 5 businesses--One square foot of sign area per business. For 6 to 10 businessesnFive square feet plus 1/2 square foot for each business over five businesses. For more than 10 businessesn7 1/2 square feet, plus 1/4 square foot for each business over ten businesses, to a maximum sign area of 10 square feet. 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: Lei Televisions, computer monitors, or other similar technological devices that create oscillating light. ~Bjc Neon or other gas tube illumination, rope lighting or low-voltage strip- lighting. 29 '-',' '",.-j B. Vacant storefronts shall be required to have a window displav oflocal cvcnts. historic \Jhotograph and \Josters or displays bv local non-\Jrofits. These displavs shall con1lJlv with Section 26.510 and Section 26.575.150 and the following requirements: I. Storelhmt vacant for more than thirtv (30) davs shall be required to have window displavs. 2. Real estate siuns advertising vacant storefronts shall be subiect to Section 26.5 1 O.120(C)(4 ), 3. Window displavs shall cover at least thirtv (301 percent of window area of the vacant storefront. COrd. No. 31 191)1) ~ 2) RECOMMENDATION: Staff recommends that the Planning & Zoning Commission recommend approval to the amendments with the exception of Section 26.5l0.IIO(B)(5)(b) as it relates to inflatables, Section 26.510.110(B)(4)(a) as it relates to the banners on Main St. Light Posts and Section 26.510.140(B) as it relates to window displays in vacant storefronts. RECOMMENDED MOTION: "I move to approve Section 26.510, Signs, as proposed in the Community Development Department memorandum." Attachments: Exhibit A: Review Standards 30 - -- ~- "'"'''''''' EXHIBIT A: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A-I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staffs evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be in conflict with any elements of the AACP. C Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an effect on the natural environment except to preserve and enhance. 31 ,..... If..'.... '- ",. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: No specific parcels or neighborhoods are impacted by these amendments. I Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendments will not be in conflict with the public interest, and are in harmony with the purpose and intent of this title. 32 RESOLUTION NO. Q4- (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 Community 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 recornmended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community 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 hearing on January 18, 2005, the Planning and Zoning Commission recommended, by a ~ to ~ L-~ 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: 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 ----...,..~-,,-~~----_._.~,~.,".~~- CHAPTER 26.510 SIGNS 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. 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 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 environment. 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 environment 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 scemc 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. 1. 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 of 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 ...... /....... ,.:/0" "'-.....,.' 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.IIO(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. 5 '""..... '",'~ 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: I. 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 26.51O.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.l30(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. 8 ......... '",,~.., 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 commercial structures and used to attract attention for commercial purposes, and strings oflight bulbs used in any connection with commercial premises unless the lights shall be shielded. Q. Unsafe signs. Any sign which: I. 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. No. 55-2000, 9 13; Ord. No. 11-2001,9 I) 9 ......... ',..."., S. Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Section 26.510.11 O(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 (15) 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.1t 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 Councilor in compliance with Section 26.510.11 O(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 I. 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 (I) 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 staff to 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 ofthe 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. SizelNumber/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 barmers 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 noncommercial 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. 4. 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 hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries beginning at an organizations fifth (5th) year and shall be allowed in five (5) year increments thereafter (10th, 15th, 20th, etc.) oflocal 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 SizelNumber/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, eolor 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 be required to submit an application to the City Manager's offiee showing the dimensions, design and colors of the proposed barmers 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 poliey. All other requests from other organizations or for other types of events shall be forwarded to City Council. f. Duration: The display of barmers 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, 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 barmers or flags shall be dedueted 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 alternate light posts with other organizations. The City reserves the right to prioritize City sponsored events over other applications. i. Exceptions: Any exeeptions 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. SizelNumber/Material: Unattended temporary signs located in City parks shall be limited in size to three (3) feet by six (6) feet. The number of signs oriented towards the event venue shall be unlimited and the number of signs oriented towards the rights-of-way shall be limited to five (5) whieh 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. The Special Events Committee may approve one inflatable per event of no more than twenty (20) feet in height if a suitable on-site location can be provided. 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 correctedlremoved 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 _. ....." ,"'NO> ....., 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 marmer, 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 26.51O.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. SizelNumber/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 for 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 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 signs other than those hanging across Main Street at Third Street. b. SizelNumber/Material: following specifications: Barmers must consist of the (I) any type of durable material; (2) semi-circular wind holes in barmer (3) metal rivets at all corners, 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 commercial 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 barmer 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: (I) A Main Street Barmer 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 barmer 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 barmer, 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 Department 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 barmers 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 I st for the following year. The first organization to have their contract negotiated, signed and paid will be offered the barmer space on a first come, first serve basis. f. Duration: One barmer, per event, may be hung for a maximum of 14 days, as per Municipal Code 26.510.030 (B)(3)(b). Barmer 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. g. Maintenance: All barmers shall be maintained in an attractive manner. 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. 26.510.120 Temporary signs. 19 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: I . 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. 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: I. Temporary sandwich board signs carried 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: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at anyone time. 20 ''';''... c. Area. The area of the temporary sign shall not exceed six (6) square feet per side. 2. Temporary political signs. Temporary political signs armouncing 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 26.510.11 O(B) Policies Regarding Signage on Public Property. 3. Temporary sale signs. Temporary sale signs, armouncing 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 (I) temporary sale sign in any window, and a total of not more than three (3) temporary sale signs for each use. c. 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 thrity (30) days 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. 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. 21 , , 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: I. 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: I. 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 anyone street, not to exceed a total of four (4) signs per lot, subject to the area requirements in Section 26.510.130 (B)(I)( c). c. Area. (I) 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 anyone street shall not exceed one square foot of aggregate sign 22 ."'-. '-' area for each three (3) feet oflot 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 anyone use on anyone 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 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: I. 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 anyone street, not to exceed a total of two (2) signs per lot, subject to the area requirements in Section 26.510.130 (C)(I)( c). c. Area. (I) 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 anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot 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 anyone 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-l), Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Commercial (NC), Office (0) or Service/ Commercial/Industrial (SCI) zone district uses, only temporary signs permitted under Section 26.510.120 and the 23 ",,,",",,",, '".,,,,",,, 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 awmngs. 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)(I)(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. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (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 anyone 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 ifthe 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 anyone use on anyone 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 Commercial (C-I) zone districts. Portable and sandwich board signs are limited to Retail and Restaurant uses. Portable and sandwich board signs are prohibited for Office Uses. (I) Portable sandwich board signs are limited to nine (9) square feet in size and shall not count in the aggregate sign area. (2) Businesses are limited to one sandwich board or portable sign per business. (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. b. Number. There shall be not more than one business directory sign per lot. c. Area. The maximum permitted area of the business directory sign shall be as follows: Fori 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. 26.510.140 Window displays. 25 A. 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: I. 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. B. Vacant storefronts shall be required to have a window display oflocal events, historic photograph and posters or displays by local non-profits. These displays shall comply with Section 26.510 and Section 26.575.150 and the following requirements: I. Storefront vacant for more than thirty (30) days shall be required to have window displays. 2. Real estate signs advertising vacant storefronts shall be subject to Section 26.5 10. 120(C)(4). 3. Window displays shall cover at least thirty (30) percent of window area of the vacant storefront. 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 Plarming 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. 26 ?'....., ~# APPROVED AS TO FORM: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair 27 ... Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners ofreal property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the plarming agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ;;!:1f4qA ..~,dI- tgnature . ~ The foregoing "Affidavit of Notice" was acknowledged llefor~ -day of ~c::>...,-.,. JL , 2005., by ~ <. 1-..) WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE: CITY OF AS~,: N LAND USE CODE AMEND- MENTS _ SIGNS ~i SECTION 26,510 NOTICE ]S,/ EREBY GWEN that a public hearing will be ~' Id on Monday, March 14, 2005 at a meeting to begin al 5:00p.m. before the As- pen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider amendments to Section 26.510, Signs of the Aspen Municipal Code. For further Information. contact Sarah Oates at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO, (970) 429- 2767,saraho@cLaspen.co.us, . '/HrnKJanderud'Mayor Aspen City CounciJ Published in The Aspen T es on February 27. 2005.(2442) My commission expires: ~ Notary Public ATTACHMENTS: COPY OF THE PUBLICATION RAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~;~~ SCHEDULED PUBLIC HEARING DATE: ~e. Aw~~'Aspen,co 3/lif/OS. ,200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, \.....")t'!..IN\CfJ<::' L./dl- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied Fith the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following marmer: ~ublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained fromlthe - Community Development Department, which was made of suitable,. \, waterproof materials, which was not less than twenty-two (22) inches wke and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. , t ~ Mailing of notice. By the mailing of a notice obtained from the COfillmunity Development Department, which contains the information describei in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ...- ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE ODE ADDRESS OF PROPERTY: \ SI ,200 SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO r ) SS. County of Pitkin ) I, :::-J ~ t;t;1 V c::. !.-/ 'vr ("If- .. (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following marmer: ~ublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, I. waterproof materials, which was not less than twenty-two (22) inches wid~ and twenty-six (26) inches high, and which was composed ofletters not ~ less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200~, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ JvJuiZin~uf nUliL;~ tile ulailiug u[ i:111uLil.;e uLLai!lCJ [lUlll tile CUllllllwuLy Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class po~tage prepaid U.S. mail to any federal agency, state, county, municipal governinent, school, service district or other governmental or quasi-governmental ag~cy that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) l I , , Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was ~wledged before [!1,e this ~ day of Om. ,2004, by ~o- <- 5 1- '..-.cPV WITNESS MY HAND AND OFFICIAL SEAL P1C NOTICE RF: CITY OF PEN LAND USE' CODE AMENDMENTS, SIGNS - SECTION 26.510 , NOTICE IS HEREBY GIVEN that a public hearing will be held on Tu~day, October 19, 2004 at a meeting to ~egm at 4,30 m before the Aspen Plannmg and . p.. SI ter Cit- Zoning Commission, S ies Room, City Hall, 130 S. Galena St., Aspen, to consider amendmen~s .to Seetl:" 26.510, Signs of the Aspen MUDlclpal Cod . For further information, contact Sarah I Oates-at the City of Aspen Community t 130 S. Galena Development Departmen , 0- St., Aspen, CO, (970) 92 5441 saraho@chaspen.co.us. . ./Jasmine Tygre.CMl' 'iRAPH OF THE POSTED NOTICE /SIGN\ Aspen planoin and Zomng CommisSion II ,I Published in Th Aspen TImes Weekly on , Gclobe' 2, 2004. 969) . AND GOVERNMENTAL AGENCIES NOTICED BY MAIL My commission expires: t-f I ;.~. f:-. ..... ..",d C.f'.,-2'S ATTACHMENTS: COpy OF THE PUBLICATION "~. .~. , ........ PUBLIC NOTICE RE: CITY OF ASPEN LAND USE CODE AMENDMENTS - SIGNS - SECTION 26.510 NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, March 14, 2005 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider amendments to Section 26.510, Signs of the Aspen Municipal Code. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5441, saraho@ci.aspen.co.us. s/Helen Klanderud, Mavor Aspen City Council Published in the Aspen Times on February 27,2005 ----~------------~-~---~-~----------------- -----~~--------~--------~-~~-~--------- City of Aspen Account 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 ..-.. -".,.,1 CHAPTER 26.510 SIGNS 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. Nonconfomring signs. Signs on public right-of-way. Temporary signs. Zone district sign restrictions. Window displays. d; hf'l l.AJ ~+:a.1 ~ n J ~O'i 26.510.010 Pnrpose. 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. 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 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 environment. 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 to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment. r """" "'.... ,,., 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 pernlltted 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 of 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. 26.510.020 Applicability and scope. 2 ,....., '",'....... -"",..., "'''';''' ~ ~ This Chapter shall apply to all signs of whatever nature and wherever located within the City of Aspen except for the ASP~D Highlands Village PUD. Sign regulations for Aspen Mountain pun were approval as Ordinance 43 of2003. No sign shall be allowed except as permitted by this Chapter. .26.510.030 Procedure for si2n 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 A It pnor to such actiVIty. J% 3. Banners, pennants, streamers, and balloons and other gas-filled figure ~ T banners, pennants, streamers alloons' ndjnO_atablesshall,Pelli!D.pitte Jer }1 . tlt~j~,qJ!.d~_?J~gggLJJ)g_.S..i.g!l~g~~.on Pub.lic er.a ,.sn.Y.~ .:Slrea rs and ballq_on:~u~.b:' _._._Q.~ (~ .j'" JlcrmUtc,_ID"sg,clationwltb,arctail,5PccjaLcy~m95aLc,()fJlmltcQ.<Jurat.LO'l. I & 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 . Y\l 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 X\Y 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 \)'7'- 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 restroorns, public telephones, public walkways, public entrances, freight entrances, affiliation with motor clubs, acceptance of designated credit cards, and other similar signs providing ~ . L ~_~~~ed ..,..,."."..,J ~~~~~ . -:.... .... ....] -j :~~~~: Procedure for.s.i.~.~~_~~__ J ~ dit<W' ~. {{;/ - rD~leted: and "...] >~-~._~,="'". _/ i Deleted: J' '--__.,..,..".".".==,;'"""'..~_~~==~o~~ { Deleted: or other gas-filled figures l i advertising a special campaign, drive, I :'. activityoreventofacivic,philanthropic, ! educatimlal,orreligious orgallization for I noncommercial purposes, subject to the i following:~1 'I ; _ a.. Location. Any such temporary : sign which extends over or onto a public ! right-of-way shall be erected and : maintained in such a manner as to not ! interfere with or obstruct access, activity, i or vision along any such public right-of. , way, and shall be subject to the written j approval of the city manab'tr.~1 i ~ . b. . Timing. Such temporary signs i may be erected and maintained for a : period not to exceed fourteen (14) days i prior to the date of which the campaign, I i drive, activity, or event advertised is I ! scheduled to occur and shall be removed ! within three (3) days of the termination OJ i suchcampaigll,drive,activity,orevent~ ill i . c. Dimensions. Temporary signs I. shall not exceed fifty (50) square feet in 'area. '__n___.."..__' _.n__.._.....___. 3 .".." " ........ '-'" 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. I I. . 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. 4 ""~ ...-""., 'lot,.,;' .".....,""" 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. 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 cC>t!!lllL~s_wj!!I..s_~ction 26.5IU5j1.. 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 informatiol\: __ 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: I. 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; r Deleted: Lights pennanently affixed to a building and made an integral part of the building architecturally, designed for that building, directed only at and not away from die building, and shielded in such a maImer that tile light source is fixed and is not directly visible from any public right-of-way or any area outside the lot on which the building is located, provided such lights are not flashing \ lights. ! Deleted: not exceeding four (4) square I feet in area. for each exposed .sign face I nor exceedmg an aggregate Sign area of L.~_~ght (8) square" ~~.~._._..,.._._._._._____~_ _. _ J i"D~i~;'.:.;f-~h~--~p-pli~~I1~ is ~ot the :owneroratenanl \~.,_.- , .___1 5 ,..... '" ,-".... ..... .iJ"~ 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. "___AJt~\.r...rQ.Y..!~YijngJh~."jmp.Jjf~!i.!:.l!.LQ..!:t~LqgJs~nDjJljDg its C~~ml)JiI!nce and consi~Js;.ncv with the PUl]?.,!.-)SeS, requirement.s and standards in this Chapter. the CommunitY' Development Director shall approve, approve with (':.QngjJjQD.~.,.Q.!,:.,.~k.n~:.J!J.QA_~~~t;:J.m~,n1gD,L,;mpJj_~A1iQ.lJJ~2.L.Q._.0jg!.LP_tf_m1.il,.. ~ 26.510.040 Prohibited signs. The following signs are expressly prohibited for erection, constructio~ repair, alteration, relocation or placement in the City of Aspen. A. Reserved'~r~f)J-wL ~~, B. Billboards and other off-premise signs. Billboards ~ther off-pretrise signs, including security company signs which do not comply with the regulations set forth in Section 26.5 I 0.040(B)(20), 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, roll\te, 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. 6 ~ Deleted: 1 '1 i After reviewing the application and i determining its compliance and i consistency with the purposes. i requirements and standards in this ! Chapter, dIe Community Development i DireclOr shall approve, approve widl I conditions or deny the development i application for a sign permil I~i=~;:;::~~;;:d:;;h~;'d ..1 ,~,."..., ,"~"" '" , " ..'" 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. Reserved, . . /? 'A" ~~ .~~tU.- ... .~ H. Roof signs. 1. 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. CDeleU;d;"p~~bi~";~~~heeled signs. J 7 "'" ,-. ,~,....... '~" ,J" 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 commercial 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. No. 55-2000, Ii 13; Ord. No. 11-2001, Ii 1) 8 ,...... ~...- :: - pdrrd.~J unoses not associated with ~p~~ ~b.k- " S. Banners and pCJmants used for commercial EX\;Jlts_~:ommittee appr~,}"at:. 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 (112) 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 iIInmination. A. Prohibited illumination. No sign shall be illuminated through the use ofintefllal 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. U[y.minatioll sh:-ilL<e9.mpl.x.with Section 26.~.75.l2!1. 26.5tO.080 Sign lettering, logos and graphic designs. : Deleted:, '--- l A. Lettering. No lettering on any sign, including cut-out letter signs, shan 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, shan exceed eighteen (18) inches in height and eighteen (18) inches in length. (Ord. No. 9-2002. ~13) 9 ." . , '" " " . 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 (15) 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. -1 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. 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 C of Aspen without the permission of the City Council or in conmliance with th Policies Re -'arding fugnage ~mJ:ubfu;_l?roperty. However, this section shall not be deeme . s posted by any duly constituted public authorities in the performance of their public duties, or to specific circumstances otherwise provided for in this Chapter. 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. 10 ,-""'- -"',oJ b. Number. There shall be not more than one temporary real estate for sale or rent sign per T un it._ 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. 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. 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: I. Temporary sandwich board signs carried 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: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at anyone 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-.:.~b!:l:U be no temporas", political signsJ?crrnitted on or 10" I in the DubHe ri!2ht ofwa:Y__QT on public Droll..crtv cxceot as P(;~~_I]Jittcd er th olides carding 5i!!nagc on puhE~_!:m)env'r__ _~_-( " 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 bnsiness 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. , ; Deleted: lot ____J i Deleted: subject to the fol1owing:~ 1 ,. . . a. Type. The temporary political " i sign shall be a wall sign or banner.' :1 b. Number.' 1 . (I). Private property. There shall not be more than one temporary political sign for each use.' . (2) Public right-of-way. TIlere shall be no temporary political signs pernlitted on or located in the public , right-of-way or on public property.' i1 . . c. . Area. The area of temporary i political signs shall not exceed four (4) !squarefeet."il [11 , d. Height. Temporary political signs ; shall not project higher than the eave line or parapet wall of that portion of the principal building in which the applicalll who applied for the sign is located, ifil is a wall sign.11 1 e. Duration. Temporary political signs may be erected or maintained for a period not to exceed thiny (30) days prior , to the date of the election to which such i signs are applicable, and shall be i removed within seven (7) days fol1owing ~ such election. Temporary political signs , concerning issues or candidates which are i not on a ballot may be maintained for a ~,~_~_~~.d not to exceed thi~~_~~?) days. 11 "", .'llo.".... c. Area. Each temporary sale sign shall not exceed three (3) square feet. d. g~ uration. ;.!:emporary sale signs may be maintained for aperiodnot to exceed fourteen 0,.) days, and shallberemoved at the end ofthefourteen (14)daysor on the day followi g the end of the sale, whichever shall occur first, and shall not be replaced for at leastJl)I'i))j3m,(l,~Y,~followingtheremoval of the sign(s). 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: I. 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 anyone street, not to exceed a total of four (4) signs per lot, subject to the area requirements in Section 26.510.130 (B)(l)(c). t:~::~;f~":t;~~~ ~;;t!~;~"l ~:three J "''''''''''~"'"'_'"'"m'_'_'~''"='~'"'"'"'"'~~~''''"'"''''"''"'"'"'_'"'"'_~~~ ( Deleted: montJlS __.J ! Deleted: Temporary sale signs maybe I ~ maintained during the end.of.season i period of March I through April 15 : provided that they are removed following .. 1 the end of the sale and no temporary sale I . sign has been displayed for a period of ! thirty (30) days immediately preceding , the display and, provided further, tl1atno ! temporary sale signs shall be permitted ! i for a three (3) month period foHowing the i L~~~"lay of end~~ason ~l_s.~1 "._.,,_~~--,I 12 , c. Area. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign. The area ofa wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone 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 anyone use on anyone 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 26.510.120 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 anyone street, not to exceed a total of two (2) signs per lot, subject to the area requirements in Section 26.510.130 (C)(I)(c). c. Area. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign. The area ofa wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet oflot line frontage occupied by or projected from the area of the lot within which the principal use is conducted. The aggregate sign area pennitted 13 ,,'" /' .~ .'" .,01 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 anyone 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), Neighborhood Commercial (Ne). Ollie" (0) or Service/ CommerciaVlndustrial (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 awmngs. b. Number. There shall be not more than a combination of two (2) of the following three (3) types of signs: one freestanding sign per use, one projecting sign per use, or one wall sign, including a cut-out letter sign, per use, subject to the area requirements in Section 26.510.l30(D)(I)(c). In additiou, 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 pennitted as if the window sign was a cut-out SI limit o ich may be lettere ut thcJ.G11ering does count tow~Lds H!f: ,~.f!l!!,:!;g4.1.~..5jgQ...9Xg;L_<:l.5__ifJh~___~_\}:Dj_pg"_.,g_n!;':.d.!,},g,..!Y.;\~,,,.<:U;J!.t~9_qtJ~n9.r.,,.~.ign. c. Area. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (3) Wall sign. The area ofa 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 anyone street shall uot exceed one square foot of aggregate sign area for each three (3) feet oflot line frontage occupied by or projected from the building /1 '? .~ 14 ",........ ',-.",- 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 anyone use on anyone frontage exceed twenty (20 e ee. - - - t For~~ _~~!!,~.~..~.~~..~_~.~.~:~_~___J _-'-____e.QLm_h.t~.,.m:."L4 sandwich board signs.. art;: lim "d to 9 .- square feetj_Q_5jZg_._m~Q. shall not count in the ~gfegate sign area. Portable and sandwich board sicl1s must be made primarilv of wood or metal and must have a professional finish. Insets must be chalkboard. drv erase is prohibited. - A six (6) foot travel width must be maintained on sidewalks and a eh!.ln (8) foot travel width on the pedestrian malls. 5. u__J'ortable and sandwi"bJlQantsjgns are limited to retaiL;.mQ_x~~ta!-larant esta lishments. A separate sandwich ~)5?_~nt.iign Ptlll,:1 R1"~'llJe '. bv the Chief BIll I cia!. 2. L~r~~!ted: Bullets and Numbering] 3. -r ~fW-r' 4, L 2. d. Location. The business and occupancy identification 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. Business directory signs. ~ a. Type. The business directory signs s~:all signs or freestanding signs. b. Number. There shall be not more than one business directory sign per lot. 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. 15 " , 26.510.140 Window displays. A." Window displays of merchandise, and representations thereof, are not subject to sign regulations, sign square footage, and do not require a sign permit, except the following are prohibited in window displays: a) Televisions, computer monitors, or other similar technological devices that create oscillating light. b) Neon or other gas tube illumination, rope lighting or low-voltage strip- lighting. _~...:__~__. V 't~rrLlt5t9J:.9.JJ:QDts sha 1 Lbe _X!LqQ..ircglQJ.ELY'f_Jt...~ i ndO\\' di so laY.. of local cvents--, h i st_(~Lir;:Jlh9J.9.gD!12lja!l(Lm~~v;r?..9...LQbnlavs J2J:J9SiLLn2_!l:J2r~~nt~, 'f"hese di so l~y~ shall complv vvith Section 26.510 and Section 26.575.150. (~U _.. r:: Me-<< -r- '" fliv-r' ~ ~.'? ~ ~ ~ ~ I';:;, ;2wI /J ~ iJ7 ;&dim ~ ? ~d~~ ~~~i.L~ tl7r t.ffi.l ~ ~ 10 ~ 7 {~i~~-(O;d~N~~'~4-1999 ~ 2) ...."...." , , 16