HomeMy WebLinkAboutordinance.council.018-19 ORDINANCE No. 18
(Series of 2019)
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,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
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.
8/26/19 Second Reading, Ordinance 18, Series 2019
Sandwich Board Sign Code Update
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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 August 12, 2019, the City Council approved Resolution 75, Series 2019,by a five to zero (5 - 0)
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 deleted in its entirety and replaced with the following:
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, 2020. 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 Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
Section 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•
8/26/19 Second Reading, Ordinance 18, Series 2019
Sandwich Board Sign Code Update
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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 12th day of August, 2018.
At t:
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Linda Manning, City Cl rk Torre, Mayor
FINALLY, adopted, p ssed and approved this 26°i day of August 2019.
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Linda Manning, City Cler c Torre, Mayor
Approved as to form:
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Jarmo . True, City Attorney
8/26/19 Second Reading, Ordinance 18, Series 2019
Sandwich Board Sign Code Update
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