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HomeMy WebLinkAboutordinance.council.010-76RECORD OF PROCEEDINGS 100 Leaves oRE'r ANc . (Series of 1976) AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 24, THE SIGN CODE OF THE CITY OF ASPEN, SO AS TO REQUIRE THAT BEFORE ANY EXTERIOR GRAPHIC DESIGNS ARE PAINTED WITHIN THE CITY A PERMIT MUST ISSUE THEREFORE; PROVIDING THAT THE GRAPHIC DESIGN PERMIT APPLICATIONS BE REVIEWED BY THE CITY COUNCIL (AND HISTORIC pRESERVATION cOMMITTEE IF PRO- POSED TO BE LOCATED IN AN HISTORIC DISTRICT OR ON AN HISTORIC STRUCTURE); PROHIBITING THE USE OF DIRECT OR INDIRECT LIGHTING OR MOVING PARTS ON A GRAPHIC DESIGN; AUTHORIZING THE CITY COUNCIL TO ATTACH REASONABLE CONDITIONS TO A PERMIT APPROVED (INCLUDING ANNUAL MAINTENANCE INSPECTIONS); GIVING SPECIAL CONSIDERATION TO HISTORIC SIGNS; ASD PROVIDING THAT NO PERMIT NEED BE APPLIED FOR TO REPAINT ANY GRAPHIC DESIGN FOR WHICH A PERMIT HAD pREVIOUSLY ISSUED WHEREAS, the City Council deems it appropriate to initiate regulation of graphic designs within the City that affect public viewing, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-5.1 of the Aspen Municipal Code of the city of Aspen, Colorado, be amended by the addition of sub- section (e) thereof which said subsection reads: (e) Graphic designs: Any artistic design or portrayal painted di.~on an exterior . wall, fence, awnin~/~r ~r structure, which is visible from any public right-of-way, and which has as its purpose artistic effect, and not the identification of the premises or the advertisement or promotion of the interests of any private or public firm, person or organization. Section 2 That the Municipal Code of the City of Aspen, colorado, is hereby amended by adding Section 24-5.12 which said section reads as follows: Sec. (a) 24-5.12 Graphic Designs It shall be unlawful to paint a graphic design with an effective area greater than ten (10) square feet without first obtain- ing a graphic design permit from the RECORD OF PROCEEDINGS 100 Leaves (b) building inspector, for which there shall be imposed a fee of Thirty-Five ($35.00) Dollars Application for a graphic design permit shall contain all that information required by the building inspector for issuance of a sign permit, and, in addition, include: (1) a drawing to scale of the proposed graphic design; a drawing of the ~ot plan and building facades or structures indicating the proposed location of the sign; and a description of the size and location and type of all other signs or graphic designs located on the premises; and (b) written permission of the owner (if not the applicant) of the building or structure on which the graphic design is proposed to be painted; (c) any proposed graphic design must comply with all prohibitions of Chapter 3 of this Code and of this Article 5, provided that no graphic design need conform to the limita- tions on size of lettering or overall size specified in Sections 24-5.3, 24-5.5, 24-5.6 and 24-5.10 herein; (d) (e) a graphic design shall have no direct or indirect lighting; nor shall it (or any part of it) rotate, move, glare, flash, change, reflect, blink, nor give the appearance of these. ~o part of the design shall project, nor shall there be attached thereto any devices or ornamentation designed to attract attention; on receipt of a complete application, it shall be forwarded to the City Council for approval prior to permit issuance. In reviewing the application the City Council shall consider whether or not the proposed graphic design (1) harmonizes with the structure or structures on the premises in which it is to be painted; (2) is compatible with the other signs or graphic designs on the premises; (3) is suitable and appropriate to the neighborhood; -2- RECORD OF PROCEEDINGS 100 Leaves ~4) contributes to any special characteristics of the particular area of the City in which it is to be located; (5) is well designed and pleasing in appearance; (6) is desirable as an urban design characteristic; (7) constitutes a nuisance to the occupants of adjacent or contiguous property; (8) is detrimental to property values; (9) may constitute a traffic and safety hazard because distracting; or may be considered lewd, indecent or otherwise offensive to public morals. (e) the City Council may attach to an approval of an application any conditions which in its judg- ment are reasonable having regard to the character of the graphic design and of the surroundings in which it is to be located. The City Council may also require annual maintenance inspections of the design by the building inspector and revoke any permit issued if a graphic design is not maintained; from the Historic Preservation Committee (f) the City Council shall request a recommendation/ for any graphic design proposed to be painted in any historic district or on any historic building or structure or at any historic site. Any recommendation received shall not be controlling on any Council action taken; (g) in reviewing graphic design permit applications, the City Council shall give special considera- tion to any proposal to repaint an existing historic sign where located, or the reproduction of any historic sign anywhere within the City; (h) no graphic design permit shall be required to to repaint any graphic design exactly as it previously existed provided that a permit shall have previously issued therefore- Section 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalid- ity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this -3- RECORD OF PROCEEDINGS 100 Leaves ordinance are declared to be severable. Section 4 That a public hearing be held on this ordinance on ~.~ , 1976, at 5:00 P.M. in the City Council Chambers, ATTEST: i{ATHRYN~. HAUT~R, CITY CLERK City Hall, Aspen, colorado, fifteen (15) days prior to which hearing public notice of the same shall be published once in a newspaper of general circulation within the City. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held ~'~J~J ?, 1976. /~ ~ ~ ATTEST: ~T~CY ~DLEY, III, ~YOR KATHRYN ~ !LAUTER, CITY CLERK -4- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss. CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~/~ reading at a regular meeting of the City council of the City of Aspen on .' 197~, andPublished in the Aspen Times, a Weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of ,~t~_ '~-~_~ // ., 197_~, and was finally adopted and approved at a regular meeting of the City Council on ~'~-~ ~ ' 197-~' and ordered published as ordinance No. / ~ , Series of 197~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this c~/~ day of ~~ , 197 &. 1 Ka'thr~ S. Hauter City Clerk