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HomeMy WebLinkAboutordinance.council.014-13 ORDINANCE No. 14 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE CHAPTER 26.510—SIGNS AND SECTION 26.575.030 PUBLIC AMENITY. 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 explore code amendments related to signs and merchandising on public amenity space; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(A)(4), the Community Development Director initiated changes to the Sign chapter and Public Amenity section of the Land Use Code; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with Community businesses regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on December 10, 2012, the City Council approved Resolution No. 118, Series of 2012, by a five to zero (5—0)vote, requesting sign code and public amenity amendments to the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code for Chapter 26.510 — Signs and Section 26.575.030—Public Amenity; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: City Council Ord #14 of 2013 Sign Code Amendments Page 1 of 32 Section 1: Chapter 26.510— Signs—of the City of Aspen Land Use Code, which section defines the procedures and requirements for signs, shall read as follows: Chapter 26.510 Sections: SIGNS 26.510.010 Purpose 26.510.020 Applicability and Scope 26.510.030 Prohibited Signs 26.510.040 Signs Not Requiring a Permit 26.510.050 Procedure for Sign Permit Approval 26.510.060 Sign Measurement and Location 26.510.070 Sign Illumination 26.510.080 Sign Lettering, Logos and Graphic Designs 26.510.090 Definition, Sign Types and Characteristics 26.510.100 Signage Allotment 26.510.110 Sandwich Board Signs 26.510.120 Policies Regarding Signage on Public Property 26.510.010 Purpose In order to preserve the City as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. Toward this end, the City Council finds that the City is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the City. Signage has a significant impact on the visual character and quality of the City. The purpose of this Chapter is to promote a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards and requirements. These sign regulations are intended to: A. Enhance the attractiveness and economic well-being of the City as a place to live, vacation and conduct business. B. Work with businesses to preserve and maintain the City as a pleasing, visually attractive environment. C. Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the City's premier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the City, fostering the "village style" quality of the City and preserving and enhancing scenic views. D. Enable the identification of places of residence and business. City Council Ord#14 of 2013 Sign Code Amendments Page 2 of 32 E. Allow for the communication of information necessary for the conduct of commerce. F. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. G. Permit signs that are compatible with their surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. H. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. 1. Enable businesses to promote their business, while reasonably restraining the size and number of signs necessary to identify a residential or business location and the nature of any such business. J. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed and maintained in a safe and satisfactory manner. K. 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. L. 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 except for those signs permitted through a Planned Unit Development (PUD) or Specially Planned Area (SPA). 26.510.030 Prohibited Signs The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City. A. "A" Frame, Sandwich Board and Sidewalk or Curb Signs except as allowed per Sec. 26.510.110, Sandwich Board Signs. B. Permanent Banners and Pennants used for commercial purposes not associated with a special event approved by the Special Events Committee per Section 26.510.120. C. 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 this Title and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.040.A, Signs Not Requiring a Permit. D. Flashing Signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations except as permitted per Section 26.575.150, Outdoor lighting. City Council Ord #14 of 2013 Sign Code Amendments Page 3 of 32 E. MovingNariable Message Signs. Electronically controlled copy changes, or any other signs that move or use movement to emphasize text or images shall be prohibited. Objects independent of a sign or objects on a sign that move, rotate, or revolve and do not include text or images shall be permitted (see also Section 26.510.030.S, Television Monitors, and Section 26.510.070, Sign Illumination). F. Neon and Neon Appearing Signs. Neon lights, similar gas-filled light tubes, and lighting made to appear as neon are prohibited, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. This includes technology that simulates or mimics neon signs through the use of LED lights or other methods. G. 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 Subsection. 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. H. Portable and Wheeled Signs except as allowed per Sec. 26.510.110, Sandwich Board Signs. I. Roof Signs. A sign mounted on a roof. J. Search Lights or Beacons except as approved per Subsection 26.575.150.H, Outdoor Lighting, Exemptions. K. 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. L. Signs Containing Untruthful or Misleading Information. M. 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. N. Signs Obstructing Egress. A sign which obstructs any window or door opening used as a means of ingress or egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant. City Council Ord #14 of 2013 Sign Code Amendments Page 4 of 32 O. Signs on Parked Vehicles. Signs placed on or affixed to vehicles and/or trailers, including bicycles, which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, 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. P. Signs in Public Right-of-Way. A sign in, on, 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. Q. 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. R. 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 and comply with Section 26.575.150, Outdoor lighting. S. Television Monitors. Television monitors, or any other electronic device that emits an image onto a screen, displaying commercial content unrelated to the store or business, shall be prohibited. Television monitors displaying related commercial content on a screen of thirty-two (32) inches or less in size that are placed at least fifteen (15) feet from the storefront window, and monitors displaying related commercial content installed perpendicular to the public right- of-way shall be permitted. Television monitors displaying non-commercial content, such as news, sporting events, and weather forecasts shall be permitted within fifteen feet of the storefront provided that they are not directly oriented towards the public right-of-way and are not more than thirty-two (32) inches in size. T. 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; City Council Ord #14 of 2013 Sign Code Amendments Page 5 of 32 6. Uses any words, phrases, symbols or characters implying 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. U: Temporary Signs. Unless otherwise approved, signage associated with a temporary use is not allowed. 26.510.040 Signs Not Requiring a Permit. A. Ordinary preventive maintenance including repainting of a lawfully existing sign, which does not involve a change of placement, size, lighting or height is exempt from having to obtain a permit. Also, 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. Banners Pennants Streamers and Balloons. Temporary banners, pennants, streamers and balloons shall only be permitted as outlined below: a. On Private Property: 1) Non-permanent streamers, pennants, and balloons in association with a retail special event not exceeding ten (10) days shall be permitted. 2) Temporary banner(s) associated with a non-profit event, or a city-approved special event not exceeding ten (10) days shall be permitted. These banners must be removed within two (2) days of the event's conclusion. Banners are allowed to be thirty two (32) square feet in size. This maximum size allotment may be comprised of multiple banners. Content should primarily be information identifying the event, date and time, and a graphic/logo related to the event. Commercial content or sponsor logos shall be no more than twenty five percent (25%) of the total sign area. b. On Public Property, including the public right-of-way, temporary banners, pennants, streamers, balloons and inflatables shall only be permitted per Section 26.510.120, Policies Regarding Signage On Public Property. 2. Construction Signs. One (1) freestanding or wall sign along each property lot line facing 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 City Council Ord #14 of 2013 Sign Code Amendments Page 6 of 32 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. 3. Designated Public Posting Signs - Signs such as concert announcements, special event notifications, and grand openings can only be placed on designated public posting areas such as the ACRA kiosk adjacent to the pedestrian mall and designated areas of public buildings, or private business windows. 4. Directional Instructional or Courtesy Signs. Signs, not exceeding two (2) square feet in area, which provide direction or instruction to guide persons to facilities intended to serve the public as required by law or necessity. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, accessibility routes, restrictions on smoking or solicitation, delivery or freight entrances, affiliation with motor clubs, acceptance of designated credit cards and other similar signs providing direction or instruction to persons using a facility including courtesy information such as "vacancy," "no vacancy," "open," "closed," and the like. Advertising material of any kind is strictly prohibited on directional, instructional, or courtesy signs. Signs related to ski area operations, including signs affixed to ski lifts, may exceed the allowed size subject to approval by the Community Development Director. 5. Fine Art. Works of fine art which in no way identify or advertise a person, product, service or business. 6. Flags. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. 7. Garage, Estate Yard Sale or Auction Signs. On-site or off-site signs which advertise a private garage, estate, yard sale or auction provided such signs are displayed no more than twice per year per residence for a period not to exceed three days. Sign must be removed at the conclusion of the event. 8. Government Signs. Signs placed or erected by governmental agencies or associations for a public purpose in the public interest, for control of traffic and for other regulatory or informational purposes, street signs, official messages, warning signs, railroad crossing signs, signs of public service companies indicating danger, or aids to service and safety which are erected by or for the order of government. These signs may include a variable message display of information for a public purpose. 9. Historic Designation. Signs placed on or in front of a historic building or site identifying and providing information about a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or the National Register of Historic Places, which sign shall not exceed six (6) square feet in area, as approved by the Historic Preservation Officer. City Council Ord #14 of 2013 Sign Code Amendments Page 7 of 32 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, do not constitute a fire hazard and that the decorations comply with Section 26.575.150, Outdoor Lighting, 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 an enclosed lobby or courtyard of any building, which are not visible from the public right-of-way, adjacent lots or areas outside the building. 13. Memorial Signs. Memorial plaques or tablets, grave markers, statuary 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. 14. Menu Signs Boxes. An exterior surface mounted or pole mounted sign box which advertises and/or identifies a restaurant menu, drinks or foods offered or special activities incidental to drink and food. One (1) 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 is located on or in front of the building within which the restaurant is located. 15. Movie Theater and Performance Venue Signs. Signs not to exceed thirty inches by forty- two inches (30" x 42"), located within the inner or outer lobby, court or entrance, window display, or interior or exterior poster box of a theatre or performance venue. These signs are intended to convey information regarding movie, theater, music, or other similar artistic performances or events and shall not be used for unrelated commercial content. Variable message displays, televisions, or other forms of digital marquees which may be visible from the exterior may be used, if they comply with the following: only one variable message display, television, or similar digital marquee may be designed to be visible exclusively from the exterior, and may be up to thirty-two (32) inches in size. Screen shall not contain commercial content unrelated to the advertised events and shall not be mounted on the exterior of the building. 16. Political Signs. Political signs announcing political candidates seeking public office, Political parties or political and public issues shall be permitted provided: a. All such sign may be erected no sooner than ninety (90) days in advance of the election for which they were made. City Council Ord #14 of 2013 Sign Code Amendments Page 8 of 32 b. All such signs shall be removed no later than seven (7) days after the election for which they were made. C. Political signs may not be placed on publicly owned property, rights-of-way adjacent to public property, or within the State Highway 82 traffic way including the rounda- bout and traffic islands. Political signs carried or worn by a person are exempt from these limitations. 17. Property ManagementNacation Rental/Timeshare Identification Signs. A building may have one sign with an area not exceeding two (2) square feet identifying the name and phone number of a contact person or management entity for the property and stating that it has been approved. Multi-Family buildings may have up to one (1) sign per ten (10) residential units. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, Exempt Timesharing, may 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. 18. Public Notices. Official government notices and legal notices. 19. Practical Purpose Signs. Practical signs erected on private property, such as lost property signs, cautionary or"beware" signs, wedding announcements, graduation celebrations, and other signs announcing a special events or functions which do not exceed two (2) square feet and limited to two (2)per property. 20. Real Estate for Sale or Rent Sign. Real estate signs advertising the sale or rental of the property upon which the sign is located, provided: a. Type. A real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall not be more than one (1) real estate for sale or rent sign per unit or parcel. c. Area. The area of the temporary sign shall not exceed three (3) square feet. When multiple units or parcels are available, the area may be combined, but no one development or property shall have more than twelve (12) square feet of signage announcing the sale or rental of units or parcels. 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. Duration. The temporary sign may be used as long as the property is actively for sale or rent but must be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located £ Location - Real estate for sale or rent signs must be placed on the subject private property or on public rights-of-way adjacent to the respective private property. Real estate for sale or rent signs shall not be located on public or private property City Council Ord 414 of 2013 Sign Code Amendments Page 9 of 32 unassociated with the offering. Real estate signs placed in the public right-of-way are subject to the public safety standards of the city and may be removed. 21. Real Estate Photo Boxes. Real estate offices may place descriptive images of property that is currently for sale in storefront windows or on an exterior wall. a. Area. Not to exceed 25% of the window surface area. Photo boxes not placed in a window shall be no larger than an area of six (6) square feet. Any individual image with description shall not exceed one (1) square foot in area. 22. Regulatory Signs. Regulatory signs erected on private property, such as "no trespassing," are allowed up to two (2) square feet in size and limited to two (2)per property, as applicable. 23. Religious Symbols. Religious symbols located on a building or.property used for organized religious services. 24. Residential Name and Address Signs. Detached residential dwelling units and duplex units may have wall or freestanding signs on or in front of the building or portion thereof to identify the street address and/or names of the occupants or name of the dwelling unit. The area of the sign is not to exceed two (2) square feet per dwelling unit. For mobile home parks, subdivision entrances, and multi-family housing, see the requirements found in Section 26.5 10.100.13.3, Residential Uses. 25. Street addresses on mailboxes. 26. Signs Carried by a Person. Signs carried by a person advertising or identifying a local service, product or sale or identifying a restaurant menu are permitted. There shall not be more than one (1)person carrying signs at any one time within the city. Signs must not exceed six (6) square feet per side. 27. 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. 28. Temporary Food Vendinia Signs. The food vending permit must include details of the intended signage including size,material and location. 29. Temporary Sale Signs and Going-Out-of-Business Signs. Going-out-of-business signs and temporary sale signs, announcing special sales of products and services, shall be subject to the following: a. Type. The sign(s) shall be placed in the window or windows of the business holding the sale. City Council Ord #14 of 2013 Sign Code Amendments Page 10 of 32 b. Number. There shall be permitted not more than one (1) temporary sign(s) in any window and a total of not more than three (3) temporary signs for each use. c. Area. Each temporary sign shall not exceed three (3) square feet. d. Duration. Temporary signs may be maintained for a period not to exceed ten (10) days and shall be removed at the end of the tenth (10th) day or on the day following the end of the sale, whichever shall occur first and shall not be replaced for fourteen (14) days following the removal of the sign(s). 30. Vending Machine Signs. Permanent, potentially internally illuminated but non-flashing 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. Vending machine signs that are internally illuminated must be located inside of a building or in a space that is not visible from the public right-of-way. 31. Temporary Signs for a New Business. A new business that has not yet received a permit, but is in the process of obtaining permits and/or producing signs, may be permitted to display temporary signs at the discretion of the Community Development Director. 26.510.050 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 Community Development Director. Existing signage, with an approved sign permit, may be maintained after the adoption of this Chapter. B. Application. A development application for a sign permit shall include the following information: 1. That information required on the form provided by the Community Development Director; 2. A letter of consent from the owner of the building; 3. Proposed location of the sign(s) on the building or parcel and material; 4. A Net Leasable calculation of the applicant's commercial space per the definition in 26.575.020, along with an explanation of how this information was obtained. 5. Any information needed to calculate permitted sign area, height, type, placement or other requirements of these regulations. C. Determination of Completeness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be provided to the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the City Council Ord #14 of 2013 Sign Code Amendments Page 11 of 32 deficiencies are remedied. If the application is determined complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. D. Determination of Compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. E. Appeal. An applicant aggrieved by a determination made by the Community Development Director, pursuant to this Section, may appeal the decision to the Administrative Hearing Officer, pursuant to the procedures and standards of Chapter 26.316, Appeals. 26.510.060 Sign Measurement and Location A. Sign Setback. Signs are not subject to the setback requirements of the Zone District where they are located. B. General. In calculating the area allowance for signs in all Zone Districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. See Section 26.510.060.13, Sign Area for the method or measuring signs. C. Two or More Faces. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than two feet from one another. The area of the sign shall be taken as the area of the face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal area. D. Sign Area. Sign area shall be the area of the smallest four-sided geometric figure which encompasses the facing of a sign including copy, insignia, background and borders. E. Cut-Out Letter Signs. Cut-out letter signs shall be credited toward allowable sign area one-half(1/2)the measured area (see Figure 1 on the following page). The c at ut-out letter sign credit is given because these types of signs encourage transparency in regards t- building materials and store windows, or lessen the impact of signage on awnings. In order to receive the credit on sign area, cut-out letter signs shall include the following: 1. Cut-out wall signs made out of wood, metal, stone or glass. 2. Cut-out window signs (such as laminate adhesive lettering) 3. Cut-out window signs should be primarily text. If the cut out letter sign contains graphics it will not receive the sign area credit. 4. Lettering on awnings that use the awning's primary color for the backing, for example, white lettering placed on an awning that is completely red. The credit would not be given City Council Ord #14 of 2013 Sign Code Amendments Page 12 of 32 to white lettering in front of a black background on an awning that is otherwise completely red. *Note: For the purposes of calculating cut-out letter signs for compliance with Section 26.510.100, Signage Allotment, the size of the cut-out letter sign shall be the final area after the reduction has been applied. For example, a two by six foot (2' x 6') cut-out letter sign shall be permitted on the wall of a retail use, given that after the reduction has been applied it is only considered a (6) square foot sign. 0 O�C� Oo Th �'s o 8, Figure 1: Above: Window sign with cutout letters. (8' x 1') * .5 =4 sq. ft. total Below: Window sign with solid backing. 2' x 10' = 20 sq. ft. total Bottom: Sign with irregular shape, 2' x 3' = 6 sq. ft. total O O 2' o 0 0 OC 0 0 g n O 4 O 10' Sign Area = 6 square feet L City Council Ord #14 of 2013 Sign Code Amendments Page 13 of 32 F. Sign Location and Placement. When possible, signs shall be located at the same height on buildings with the same block face. Architectural features should not be hidden by sign location. Signs should be consistent with the color, scale, and design of the building and not overpower facades. The location of a sign on a building shall correspond with the interior tenant space associated with the sign. For example, a business on the first floor of a building shall not place a sign on the third floor of the building. However, businesses on upper levels may place signage on the ground level to indicate the entrance for the business. _. Sign _. in Signs located proportion_ _- at same heieht to building if-4 1 _ r ELI Sign not covering Window signs not architectural feature exceeding 25% of window area Figure 2(above): Desired Style No consistency in Sign not sign height proportional to building Sign covering architectural Window signs far feature more than 25% of window area Figure 3(Above): Undesirable Style City Council Ord#14 of 2013 Sign Code Amendments Page 14 of 32 6.510.070 Sign Illumination A. Allowed Illumination. Illumination of signs shall be designed, located, directed and shielded in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light upon any adjacent property, public right-of-way, or motorist's vision. Illumination shall comply with Section 26.575.150, Outdoor lighting. Backlit signs are permitted for Retail, Restaurant and Lodge uses, provided that the emitted light does not create excess glare or light trespass on to other properties. Backlit signs shall be constructed of an opaque material. Illuminated channel-letter signs are allowed provided the face and sides are constructed of an opaque material. The City encourages sign lighting be controlled by a light sensor or a timer in order to minimize the duration of illumination. Businesses are allowed no more than one backlit or illuminated channel-letter sign. B. Prohibited Illumination. No sign shall be illuminated through the use of internal, oscillating, flickering, rear(excluding permitted backlit illumination), variable color, fluorescent illumination or neon or other gas tube illumination except when used for indirect illumination and in such a manner as to not be visible from the public right-of-way. 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 first letter in each word shall not exceed eighteen (18) inches in height. B. Logos. No logo on any sign, including cut out letter signs, shall exceed eighteen inches in height and eighteen inches in length (18" x 18"). This applies to logos that are primarily letters. 26.510.090 Definitions, Sign Types and Characteristics A. Awning Signs. No sign placed on an awning may project above, below, or off of an awning. Signs may only be placed on awnings that meet the definition for Awning in Section 26.104.100, Definitions. B. Freestanding Signs. The highest point of any part of a Freestanding sign shall not be higher than the principal building or six (6) feet, whichever is less, and cannot project into the public or pedestrian right-of-way. C. Identification Signs. Signs intended to identify the name of a subdivision, multi-family residential complex, mobile home park, or business name. Identification signs shall be visible from the public right-of-way or Private Street. D. Individual Business. A commercial operation with a proprietary or distinct identity. This identity can be established through unique advertising, branding, logo(s), operations, ownership structure, inventory, products, services, location, physical separation, or other characteristics that make the commercial operation distinctly different. An operation shall qualify as an Individual Business if it has a preponderance of these characteristics. Distinctions created for the sole purpose of increasing signage shall not be accepted. City Council Ord #14 of 2013 Sign Code Amendments Page 15 of 32 E. Logo. A symbol or other small design adopted by an organization to identify its products, uniform, vehicles, etc. F. Materials. Signs shall be made primarily out of wood, glass, metal, or stone. Sandwich board signs must contain a fixed message or be made out of chalkboard. Dry erase boards are prohibited. G. Monument Signs. A sign which has a bottom that is permanently affixed to the ground, not a building, shall be considered a monument sign. The size and design shall meet the use requirements for that type of sign. The sign face must be directly connected to the base of the sign. Landscaping shall be provided so that the sign transitions into the ground naturally. H. Portable Sandwich Board Signs. Sandwich board signs are two-sided self-supported a- frame signs, or any other two-sided portable sign, and must comply with those requirements found within Section 26.510.110. 1. Projecting or Hanging Signs. Projecting and hanging signs, also known as blade signs, shall not be higher than the eave line or parapet wall of the top of the principal building, shall have a minimum clearance of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four(4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. J. Variable Message Display. An electronic traffic sign, which may contain a changing message, often used on roadways to give travelers information on special events or road conditions. K. 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. L. Window Signs. A window sign is a commercial sign placed in the window of a commercial establishment. Window signs may be made out of adhesive vinyl material. Window signs consist of either business names, logos, or both. M. Window Wrap. A window wrap is a non-permanent window covering placed directly on a window that consists predominately of graphics. N. 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. Window displays may have minimal illumination which shall be directed inward towards the business to minimize excess glare or light trespass on adjacent properties and public rights-of-way. The following types of illumination and signage are prohibited within window displays: 1. Televisions, computer monitors or other similar technological devices that create oscillating light. City Council Ord #14 of 2013 Sign Code Amendments Page 16 of 32 2. Neon or other gas tube illumination, rope lighting or low-voltage strip lighting, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. 3. Backlit or internally illuminated displays or graphics. 26.510.100 Signage Allotment A. General Sign Allotment Rules. 1. Allotment. Sign allotment for all commercial businesses is based on the size of the Net Leasable Space the business occupies. How to calculate Net Leasable Commercial Space can be found in Section 26.575.020.I, Measurement of Net Leasable Commercial Space. 2. Projecting/Hangii g_Sig_n The area of a Projecting/hanging sign is exempt from sign allotment if: a. The sign is installed perpendicular to the front fagade of the building. b. The sign is no larger than six (6) sq. ft. per side. 3. Interior Signage. Interior signage placed within fifteen (15) feet of storefront windows shall count towards a business's signage allotment. This type of signage shall include, but is not limited to, special sale signs, names of products, official logos, and descriptions of inventory. Signage placed perpendicular to the public right-of-way or more than fifteen (15) feet from the storefront window shall be exempt from signage calculations. 4. Business Directory. Buildings with four(4) or more tenants (restaurant, retail, office, or service uses) may create two (2) business directory signs. Each tenant may use no more than one (1) square foot for the purposes of business identification. The business directory sign shall not count towards the signage allotment for the individual tenants. The maximum area for any business directory sign shall be ten (10) square feet. One of the business directories may be in the form of a freestanding sign or a sandwich board sign. 5. Window Signs/Displays. a. Window Signs, A Window sign shall not exceed 25% of a windows area. a. Window Wraps. Window wraps predominantly consisting of commercial content (advertising a product or service through text, logos, graphics, or imagery) or announcements of sales are prohibited. Window wraps that are predominately graphics will not count towards a business's sign allotment. If the window wrap includes commercial message content (Business names, logos, etc.) in excess of 25% of the window wraps square footage, than that excess square footage will count towards a business's sign allotment. In no case may window wraps cover more than fifty percent (50%) of the total aggregate window surfaces of a business. 6. Sandwich board signs do not count towards a business's sign allotment. City Council Ord#14 of 2013 Sign Code Amendments Page 17 of 32 B. Sign Allotment. 1. Each business receives its own individual sign allotment, and the signage allotment for an individual business must be used only by that individual business. 2. For arts, cultural, academic, recreational, restaurant and retail uses, the sign allotment will be based on the square footage of the business as follows: a. For a space with 2,500 square feet or less of Net Leasable Space, the sign allotment will be six (6) square feet. b. For a space of greater than 2,500 square feet, but less than 24,000 square feet, of Net Leasable Space, the sign allotment will be eight (8) square feet. c. For a space of 24,000 square feet or more of Net Leasable Space, the sign allotment will be twenty (20) square feet. d. If the space is larger than 2,500 square feet of Net Leasable Space, then up to two (2) individual businesses may share a common space and receive an individual signage allotment. 3. Residential Uses: a. Identification Sign. A multi-family complex, subdivision entrance, or mobile home park shall be allotted one wall, freestanding or monument identification sign with a maximum area of 20 square feet b. Bed and Breakfast or Home Occupation. A Bed and Breakfast or Home Occupation shall be allotted one (1) sign with a maximum area of six (6) square feet 4. Arts Cultural Civic Academic Recreational Retail and Restaurant Uses. No single sign may be larger than six (6) sq. ft. in area. 5. Lodge Uses. Lodge uses shall receive a sign allotment of twelve (12) square feet per business. 6. Office and Service Uses. Office and Service uses shall receive a sign allotment of six (6) square feet per business. In buildings with four(4) or more tenants with an office or Service use, the allotment shall be reduced to three (3) square feet per individual business. 26.510.110 Sandwich Board Signs A. Sandwich Board signs are only permitted for retail and restaurant businesses within the City of Aspen. These signs are not permitted for businesses that have an incidental retail component to their operations. B. Sandwich board signs must be made primarily of wood or metal and must have a professional finish. Incorporated inserts must contain a fixed message or be made out of City Council Ord #14 of 2013 Sign Code Amendments Page 18 of 32 chalkboard. Dry erase boards are prohibited. Sandwich board signs shall not be used as merchandise displays. The size is not to exceed six (6) square feet per side. C. Sandwich board signs may only be displayed on or adjacent to the parcel that contains the business. A six (6) foot travel width must be maintained on sidewalks and pedestrian malls. This does not allow for signs aligned on edge with one another, thus creating a solid line of sandwich board signs, unless the six (6) foot travel width is maintained on both sides, and they shall not be left out overnight. D. All commercial parcels may display one sandwich board sign per parcel, per street inclusive of directory signs in the form of a sandwich board sign. Parcels that face directly onto two streets (corner properties) may display two sandwich board signs. If a building has 6 or more retail businesses, then two signs per street may be displayed. These signs may be maintained year-around. Multiple businesses may be advertised on one sign. An annual permit must be obtained. E. Restaurants may display one sandwich board sign per establishment. These signs are in addition to the one-per-parcel allowance stated above, and a parcel may have multiple sandwich board signs for restaurants. These signs may be maintained year-around. Multiple businesses may be advertised on one sign. An annual permit must be obtained. F. In order for any business to display a sandwich board sign, the Community Development Department must receive a completed application along with appropriate fees as amended from time-to-time, and a signed letter of approval from the property owner or property manager. 26.510.120 Policies Regarding Signage on public property 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 signage on public rights-of-way, banners and flags on light posts on Main Street, signs in City parks, displays in City parks, signs hung across Main Street at Third Street, and signs on public buildings. These regulations shall be read in conjunction with this Chapter and are not intended to supersede 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 this Chapter and to assist City staff to implement the regulations adopted by the City Council. These regulations are adopted to: 1. Balance the rights of individuals to convey their messages through temporary signs or displays and the right of the public to be protected against unrestricted proliferation of signs and displays; 2. Further the objectives of this Chapter, Signs; and 3. Ensure the fair and consistent enforcement of the sign and display regulations specified below. City Council Ord #14 of 2013 Sign Code Amendments Page 19 of 32 This Section, Signs on public right-of-ways, states: "It shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or on any property, including light posts, belonging to the City without the permission of the City Council." Sign permits issued by the City Manager or his-or herdesignee; that are in conformance with these regulations shall constitute City Council permission within the meaning of this Section, Signs on public right-of-ways. Applications for sign permits that do not comply with these regulations shall be forwarded to the City Council for consideration if requested by the applicant. A. Definitions. 1. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in this Chapter, Signs. In addition, the following definitions shall apply: 2. Banner means any sign of lightweight fabric, plastic or similar material that is attached to any structure, pole, line or vehicle and possessing characters, letters, illustrations or ornamentations. 3. Banner Light Post means any sign of lightweight fabric, plastic or similar material that is attached to a light post and possessing characters, letters, illustrations or ornamentations which meets the dimensional requirements for and is intended to be installed on municipal light posts. 4. Display means any symbol or object that does not meet the definition of a sign as defined in this Code, but like a sign is intended to convey a message to the public. 5. Flag means any fabric or bunting containing distinctive colors, patterns or symbols, 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. 6. Public Right-of-WaX means the entire area between property boundaries which is owned by a government, dedicated to the public use or impressed with an easement for public use; which is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in whole or in part, for such use; and includes without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, pedestrian malls and any public way. 7. Sign means and includes the definition for sign as contained in Section 26.104.100, Definitions, of this Code. The term shall also include displays as that term is defined above. 8. Sign, Inflatable means any inflatable shape or figure designed or used to attract attention to a business event or location. Inflatable promotional devices shall be considered to be temporary signs under the terms of this Chapter and, where applicable, subject to the regulations thereof. City Council Ord#14 of 2013 Sign Code Amendments Page 20 of 32 B. Signs on Public Rights-of-Way. 1. Pu ose: 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. 2. Size/Number/Material: Only two signs per event/organization shall be permitted. Signs shall not exceed ten square feet each and banners shall not exceed fifty square feet. Banners must be made of nylon, plastic or similar type material. Paper signs and banners are prohibited. 3. Content: Signs authorized pursuant to this policy are allowed for 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 thirty percent (30%) of the total area of the individual signs. 4. Cost/Fees/Procedures: Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a sign plan to the Community Development Department for review and approval for a fee as outlined in Chapter 26.104.072, Zoning Fees, of this Code. Applications must be received a minimum of thirty days prior to the event. The applicant shall also submit a refundable security deposit as outlined in the current fee schedule to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three days. 5. Eligibility: Signs authorized pursuant to this policy shall be allowed for a special campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes. 6. 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, 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. 7. 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. City Council Ord #14 of 2013 Sign Code Amendments Page 21 of 32 8. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. C. Banners and Flags on Main Street Light Posts. 1. Purpose: Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate 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. 2. Eligibility: Banners hung from the Main Street light posts shall be permitted for anniversaries of local nonprofit organizations beginning at the organization's tenth (10th) year and for events that are considered relevant to a large segment of the local community. The United States, Colorado, Aspen or foreign country flags shall be permitted at the discretion of the City Manager. 3. Size/Number/Material: All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be two feet wide and four feet high(2' x 4') to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. 4. 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 no more than thirty percent (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. S. Cost/Fees/Procedures: The cost of installation is outlined in the current fee schedule as amended from time to time. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance requirements). The applicant shall 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 (1) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. 6. Duration: The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. 7. Maintenance: Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. City Council Ord #14 of 2013 Sign Code Amendments Page 22 of 32 D. Signs in City Parks Related to Special Events in the City Park. 1. Pu ose: 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 Events Committee. 2. Size/Number/Material: Unattended temporary signs located in City parks shall be limited in size to three feet by six feet. Two (2) signs per sponsor are allowed to face towards the event venue, and five (5) signs are allowed to face towards the public rights-of-way. These signs are not allowed to extend more than ten (10) feet above grade. Banners must be made of nylon, plastic or similar material. Paper banners and flags are prohibited. The Special Events Committee may approve one (1) inflatable per event of no more than twenty (20) feet in height if a suitable on-site location can be provided and if there is a demonstrable community benefit. 3. 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 thirty percent (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. 4. 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 le. Department for review and approval for a fee as outlined in the current fee schedu 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. 5. Eli ibility: 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 six inch by thirty inch (6" x 30") directional signs for commercial organizations using City parks. City Council Ord #14 of 2013 Sign Code Amendments Page 23 of 32 6. Duration. Unattended temporary signs may be erected and maintained only for the duration of the event or forty-eight (48)hours, whichever is less. All signs must be removed immediately following the event. 7. Maintenance: All signs must be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic and shall not pose a safety risk to the public. A fifty dollar ($50.00) refundable security deposit will be required to insure compliance. 8. 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 its discretion, may send any requests for exceptions to Subsection 26.510.120.1) to City Council for review and approval. E. Unattended Temporary Signs in Paepeke Park 1. Pu ose: 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. 2. Size/Number/Material: Applicants are allowed one (1) sign that shall comply with the City lighting and sign codes. The sign shall not exceed fifty (50) square feet in size. A total of four(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. 3. Content/Location: The content of the display and any signs may not be commercial in nature. The applicant shall work with the 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. 4. 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. 5. Eligibility: Civic, philanthropic, education or religious nonprofit 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. 6. Duration: Applicants are permitted to maintain their signs for no more then fourteen (14) days. City Council Ord#14 of 2013 Sign Code Amendments Page 24 of 32 7. 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. 8. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. F. Signs Across Main Street at Third Street. I. 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. 2. Size/Number/Material: Banners must consist of the following specifications: a. Any type of durable material; b. Semi circular wind holes in banner; C. Metal rivets at all corners and every twenty four (24) inches along the top and bottom of the banner; d. Size will be twelve (12) feet in length and three (3) feet in width. 3. 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 no more than thirty percent (30%) of area of the sign. Political advertising on or located in the public right-of-way on public property (even by a nonprofit organization) is prohibited per Subsection 26.510-040-A.16.c. 4. Cost/Fees/Procedures: a. Main Street banner application and banner policy and procedure form must be obtained from the City Manager's office and completed by the party making the request and returned to the City Manager's office no less than 30 days prior to the date requested to hang the banner. b. The exact legend of the banner must be indicated in writing(see specific area on application form). For your benefit, it is found that banners are most visually effective when kept simple: i.e., event, date organization and logo. c. The cost of installation is outlined in the current fee schedule as amended from time to time, and must accompany the application form and be reviewed in the City City Council Ord #14 of 2013 Sign Code Amendments Page 25 of 32 Manager's office 30 days prior to the date the banner will be hung. All organizations will be charged the same rate, accordingly. d. All banners should be delivered directly to the Electric Department, which is located in back of the Post Office at 219 Puppy Smith Road, by noon the Friday prior to the Monday hang date. Any banner not delivered by noon the prior Friday is subject to an additional fifty dollar($50.00) charge. e. Please pick up the banner from the Electric Department within 30 days after the display week(s). The City assumes no responsibility for banners, and any banners left more than 30 days may be discarded. 5. Eligibility: The City provides space to hang four (4) single-sided banners and two (2) double-sided banners across Main Street with the intent of advertising community events, be it for arts organizations or nonprofits and/or not-for-profit organizations. These six (6) spaces are reserved on a first come, first serve basis. Reservations will be taken each year on November Is' for the following year. The first organization to have their contract negotiated, signed and paid will be offered the banner space on a first come, first serve basis. 6. Duration: One (1) banner, per event, may be hung for a maximum of fourteen (14) days, as per Subsection 26.510.040.A.1. Banner approvals are not guaranteed and will only be hung upon availability of the Electric Department staff. The length of time that a banner is to be hung is not guaranteed and may be shortened at the discretion of the City. Based on his/her judgment as to the best interest of the City, the City Manager may determine which banners are to be given priority when there are multiple requests for the same time period. 7. Maintenance: All banners shall be maintained in an attractive manner. 8. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. G. Signs on Public Buildings. Signs on public buildings shall be prohibited. City Council Ord#14 of 2013 Sign Code Amendments Page 26 of 32 Section 2: Section 26.575.030, Public Amenity, of the City of Aspen Land Use Code, which section defines the procedures and requirements for public amenity space, shall read as follows: Chapter 26.575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS 26.575.030 Public Amenity A. Purpose. The City seeks a vital, pleasant downtown public environment. Public amenity contributes to an attractive commercial and lodging district by creating public places and settings conducive to an exciting pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of-way or private property within these districts. Public amenity provided on the subject development site is referred to as "on-site public amenity" in this Section. B. Applicability and Requirement. The requirements of this Section shall apply to the development of all commercial, lodging and mixed-use development within the CC, C-1, MU, NC, S/C/l, L, CL, LP and LO Zone Districts. This area represents the City's primary pedestrian- oriented downtown, as well as important mixed-use, service and lodging neighborhoods. Twenty-five percent (25%) of each parcel within the applicable area shall be provided as public amenity right-of-way. For redevelopment of parcels on which less than this twenty-five percent (25%) currently exists, the existing (prior to redevelopment)percentage shall be the effective requirement, provided that no less than ten percent (10%) is required. A reduction in the required public amenity may be allowed as provided in Subsection 26.575.030.D, Reduction of requirement. Exempt from these provisions shall be development consisting entirely of residential uses. Also exempt from these provisions shall be additions to an existing building where no change to the building footprint is proposed. Vacated rights-of-way shall be excluded from public amenity calculations. C. Provision of Public Amenity. The Planning and Zoning Commission or Historic Preservation Commission, pursuant to the review procedures and criteria of Chapter 26.412, Commercial Design Review, shall determine the appropriate method or combination of methods for providing this required amenity. One (1) or more of the following methods may be used such that the standard is reached. 1. On-Site Provision of Public Amenit . A portion of the parcel designed in a manner meeting Subsection 26.575.030.F, Design and Operational Standards for On-Site Public Amenity. 2. Off-Site Provision of Public Amenit . Proposed public amenities and improvements to the pedestrian environment within proximity of the development site may be approved by the Planning and Zoning Commission, pursuant to Chapter 26.412, Commercial Design Review. These may be improvements to private property, public property or public rights-of-way. An easement providing public access over an existing public amenity space for which no easement exists may be accepted if such easement provides permanent public access and is acceptable to the City Attorney. Off-site improvements City Council Ord #14 of 2013 Sign Code Amendments Page 27 of 32 shall equal or exceed the value of an otherwise required cash-in-lieu payment and be consistent with any public infrastructure or capital improvement plan for that area. 3. Cash-in-Lieu Provision. The City, upon an approval from the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, may accept a cash- in-lieu payment for any portion of required public amenity not otherwise physically Provided, according to the procedures and limitations of Subsection 26.575.030.E, Cash- in-Lieu Payment. 4. Alternative Method. The Commission, pursuant to Chapter 26.412, Commercial Design Review, may accept any method of providing public amenity not otherwise described herein if the Commission finds that such method equals or exceeds the value, which may be nonmonetary community value, of an otherwise required cash-in-lieu payment. D. Reduction of Requirement. A reduction in the required public amenity may be approved under the following circumstances: 1. The Planning and Zoning Commission or Historic Preservation Commission, pursuant to the procedures and criteria of Chapter 26.412, Commercial Design Review, may reduce the public amenity requirement by any amount, such that no more than one-half the requirement is waived, as an incentive for well-designed projects having a positive contribution to the pedestrian environment. The resulting requirement may not be less than ten percent (10%). 2. The Historic Preservation Commission, pursuant to the procedures and criteria of Chapter 26.412, Commercial Design Review, may reduce by any amount the requirements of this Section for historic landmark properties upon one (1) of the following circumstances: a. When the Historic Preservation Commission approves the on-site relocation of an historic landmark such that the amount of on-site public space is reduced below that required by this Chapter. b. When the manner in which an historic landmark building was originally developed reduces the amount of on-site public amenity required by this Chapter. C. When the redevelopment or expansion of an historic landmark constitutes an exemplary preservation effort deserving of an incentive or reward. E. Cash-in-Lieu Payment. When the method of providing public amenity includes a cash- in-lieu payment, the following provisions and limitations shall apply: Formula for determining cash-in-lieu payment: City Council Ord #14 of 2013 Sign Code Amendments Page 28 of 32 Payment = [Land Value] x [Public Amenity Percentage] Where: Land Value = Value of the unimproved land. Public Amenity = Percent of the parcel required to be provided Percentage as a ublic amenity,y, pursuant to Subsection 26.575.030.B lessened by other methods of providing the amenity. Land value shall be the lesser of one hundred dollars ($100.00)per square foot multiplied by the number of square feet constituting the parcel or the appraised value of the unimproved property determined by the submission of a current appraisal performed by a qualified professional real estate appraiser and verified by the Community Development Director. An applicant may only waive the current appraisal requirement by accepting the one-hundred-dollar-per-square-foot standard. The payment-in-lieu of public amenity shall be due and payable at the time of issuance of a building permit. The City Manager, upon request, may allow the required payment-in-lieu to be amortized in equal payments over a period of up to five (5) years, with or without interest. All funds shall be collected by the Community Development Director and transferred to the Finance Director for deposit in a separate interest-bearing account. Monies in the account shall be used solely for the purchase, development, or capital improvement of land or public rights-of- way for open space, pedestrian or bicycle infrastructure, public amenity, or recreational purposes within or adjacent to the applicable area in which this requirement applies. Funds may be used to acquire public use easements. Fees collected pursuant to this Section may be returned to the then-present owner of property for which a fee was paid, including any interest earned, if the fees have not been spent within seven (7) years from the date fees were paid, unless the City Council shall have earmarked the funds for expenditure on a specific project, in which case the City Council may extend the time period by up to three (3) more years. For the purpose of this Section, payments shall be spent in the order in which they are received. To obtain a refund, the present owner must submit a petition to the Finance Director within one (1) year following the end of the seventh year from the date payment was received. All petitions shall be accompanied by a notarized, sworn statement that the petitioner is the current owner of the property and by a copy of the dated receipt issued for payment of the fee. F. Design and operational standards for public amenity. Public amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1. Open to View. Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. City Council Ord #14 of 2013 Sign Code Amendments Page 29 of 32 2. Open to Sky. Public amenity areas shall be open to the sky. Temporary and seasonal coverings, such as umbrellas and retractable canopies, are permitted. Such nonpermanent structures shall not be considered a reduction in public amenity on the parcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmark or within Historic Overlay Zones, and must be approved pursuant to review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development within an Historic Overlay District. Such approved structures shall not be considered a reduction in public amenity on the parcel. 3. No Walls/Enclosures. Public amenity areas shall not be enclosed. Temporary structures, tents, air exchange entries, plastic canopy walls and similar devices designed to enclose the space are prohibited. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit views from the street into and throughout the public space. 4. Prohibited Uses. Public amenity areas shall not be used as storage areas, utility/trash service areas, delivery areas or parking areas or contain structures of any type, except as specifically provided for herein. 5. Grade Limitations. Required public amenity shall not be more than four(4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the extent to which it is above or below the existing grade of the street, or if a second level public amenity space is approved by the Commission. 6. Pedestrian Links. In the event that the City shall have adopted a trail plan incorporating mid-block pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated for such use. 7. Landscaping Plan. Prior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area, including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. 8. Maintenance of Landscaping. Whenever the landscaping required herein is not maintained, the Chief Building Official, after thirty (30) days' written notice to the owner or occupant of the property, may revoke the certificate of occupancy until said party complies with the landscaping requirements of this Section. 9. Outdoor Merchandising on Private Property. Private property may be utilized for merchandising purposes by those businesses located adjacent to and on the same parcel as the outdoor space. This shall not grant transient sales from peddlers who are not associated with an adjacent commercial operation; this includes service uses such as massage, tarot card reading, aura analysis, etc. Outdoor merchandising shall be directly associated with the adjacent business and shall not permit stand-alone operations, City Council Ord #14 of 2013 Sign Code Amendments Page 30 of 32 including, but not limited to, automated bike rental racks, movie rental kiosks, automated dog washes, or automated massage furniture. In addition, outdoor merchandising must meet the following requirements: a) Merchandise must be maintained, orderly and located in front of or proximate to the storefront related to the sales. b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic along the public right-of-way. All merchandising shall be located on private property. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. c) Outdoor clothing displays including, but not limited to, coats,jeans, shirts, athletic apparel, and footwear shall be allowed. Outside clothing displays of two (2) mannequins or one (1) clothing rack of up to six (6) feet in length, but not both, are allowed. Bins, boxes, and containers that sit directly on the ground are allowed for outdoor clothing sales, but cardboard boxes are prohibited. All outdoor merchandise displays must have a minimum height of not less than 27 inches from grade to prevent tripping hazards. For all other types of merchandise, the size and amount allowed shall be under the discretion of the property owner. d) Umbrellas, retractable canopies, and similar devices are not permitted for outdoor merchandising. See Section 26.304.070.F.2. e) Merchandise shall be displayed for sale with the ability for pedestrians to view the item(s). Outdoor areas shall not be used solely for storage. The prohibition of storage shall be limited to merchandising on private property and shall not apply to permitted commercial activity on an abutting right-of-way or otherwise permitted by the City. 10. Outdoor Restaurant Seating on Private Pro pert . Private Property may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. Umbrellas, retractable canopies, and similar devices are permitted for commercial restaurant uses. For outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management review. 11. Design Guideline Compliance. The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines. Section I 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. City Council Ord #14 of 2013 Sign Code Amendments Page 31 of 32 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: A public hearing on this ordinance shall be held on the 28th day of May, 2013, 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 28th day of May, 2013. Attest: i J Kathryn S. och, City Clerk Michael C. Ireland,Mayor FINALLY, adopted, passed and approved this ay of 2013. Attest: �yx Kathryn S. K ch, City Clerk Michael C. Ireland,Mayor Approved as to form: City Attorney City Council Ord#14 of 2013 Sign Code Amendments Page 32 of 32 Ad Name: 9067256A LEGAL NOTICE ORDINANCE#14,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#14,Series of 2013,was adopted on first reading at the City Council meeting April 8, Your account number: 1013028 2013. This ordinance,if adopted will amend the sign code requirements. The public hearing on this ordinance is scheduled for April 22,2013,at 5 PM,City hall,130 South Galena. To see the entire text,go to the city's legal notice websi PROOF OF PUBLICATION http//www.aspenpitkin.com/Departments/Clerk/Le- gal-N f you otices/would like a copy FAXed,mailed or e-mailed to you,calf the city clerk's office,429-2686. T31 Alris TIMZI Pubis ed in the Aspen Times Weekly on April 11, STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 4/11/2013 and that the last publication of said notice was in the issue of said newspaper dated 4/11/2013. In witness whereof,I have here unto set my hand this 04/15/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 04/15/2013. �71aA,l fir. JJo--k Mary E.Borkenhagen,Notary Public 11VI,y,,Commission expires:September 12,2015 NOTgR" :z= '°Vatic F O OF COLO�P�b '�rggnnnuo�� 'C '�'"Exoires egnR: