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HomeMy WebLinkAboutordinance.council.024-18 ORDINANCE No. 24 Series of 2018 AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING CODE AMENDMENTS TO LAND USE CODE CHAPTER 26.510—SIGNS. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to craft code amendments to amend the City's sign regulations; and, WHEREAS, signs are a form of speech protected under the First Amendment to the Constitution of the United States, and a 2015 United States Supreme Court decision(Reed v. Town of Gilbert) requires local governments to review and revise their sign regulations to ensure that those regulations emphasize the dimensional,design and location of signs rather than their content; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on August 28, 2017, the City Council approved Ordinance 22, Series 2017, by a four to one (4-1) vote amending the land use code; and, WHEREAS,the City regulates signs to: • Protect the rights of all persons to freedom of expression; and, • Protect the unique aesthetics and visual heritage of the City; and, • Maintain public health, safety, and welfare by preventing sign clutter, distractions from roadways and obstructions from signage; and, • Provide opportunities for commercial and non-commercial signs in commercial and residential zone districts; and, • Limit the proliferation of excessive signs in commercial and residential zone districts; and, • Ensure that sign regulations are adequate to accommodate the informational, advertising, wayfinding and speech needs of residents, businesses and visitors. WHEREAS,the Community Development Department and consultants White&Smith, LLC conducted research into,national best practices regarding sign code compliance with First Amendment principles to aid in the drafting of Ordinance 22, Series 2018; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with community members and stakeholders, the Planning & Zoning Commission, the Historic Preservation Commission, and City Council regarding the amendments to the sign code; and, WHEREAS, the Aspen City Council met in work sessions on August 21, 2018 and provided direction on potential amendments to the City's sign regulations related to sandwich board signs; and 9/24/18 Second Reading, Ordinance 24, Series 2018 Sandwich Board Sign Code Update Page 1 of 3 WHEREAS,amending the Land Use Code to comply with First Amendment principles and allow for the limited use of sandwich board signs will ensure the ongoing effectiveness and viability of the sign regulations within the City of Aspen Land Use Code;and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on September 17, 2018, the City Council approved Resolution 127, Series 2018,by a four to one(4 — 1)vote to direct staff to amend the land use code; and, WHEREAS,City Council has reviewed the proposed code amendment policy direction,and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health safety and welfare; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO THAT: Section 1. Chapter 26.510.110 shall be amended as follows: 26.510.110 Sandwich board signs The display of sandwich board and similar free-standing, two sided signs on public or private property is not permitted. Sandwich board signs with a valid City of Aspen permit may be displayed until September 28, 2019. Expired sandwich board permits will not be renewed, and sandwich board signs displayed without a permit must be removed in accordance with the City of Aspen Municipal Code. Section 2: Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 3: Effect Upon Existing Litieation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability. If any section, subsection, sentence,clause,phrase,or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall become effective thirty(30)days following final passage. Section 6• 9/24/18 Second Reading, Ordinance 24, Series 2018 Sandwich Board Sign Code Update Page 2 of 3 A public hearing on this ordinance shall be held on the 24th day of September, 2018, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of September, 2018. AYOst: -, 1 Dtinda Manning, City C rk Steven Skadro , Mayor FINALLY, adopted, passed and approved this 24th day of September, 2018. AAth: � 1l Linda Manning, City Clergy Steven Skadr n, ay r Approved as to form: ames R. True, City Attorney 9/24/18 Second Reading, Ordinance 24, Series 2018 Sandwich Board Sign Code Update Page 3 of 3