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HomeMy WebLinkAboutordinance.council.010-05ORDINANCE NO. 10 (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.510, SIGNS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public heating on January 18, 2005, the Planning and Zoning Commission recommended, by a four to zero (4-0) vote, the City Council approve the amendments to Section 26.510; and, WHEREAS, the City Council conducted a public heating, considered the recommendation of the Community Development Director and took public testimony for code amendments to Section 26.510; and, WHEREAS, City Council finds that the code amendments meet or exceed all applicable amendment standards and that the approval of the code amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: CHAPTER 26.510 SIGNS Sections: 26.510.010 26.510.020 26.510.030 26.510.040 26.510.050 26.510.060 26.510.070 26.510.080 26.510.090 26.510.100 26.510.110 26.510.120 26.510.130 26.510.140 Purpose. Applicability and scope. Procedure for sign permit approval. Prohibited signs. Sign measurement. Sign setback. Sign illumination. Sign lettering, logos and graphic designs. Structural characteristics. Nonconforming signs. Signs on public right-of-way. Temporary signs. Zone district sign restrictions. Window displays. 26.510.010 Purpose. The purpose of this Chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. Toward this end, the City Council finds that the City of Aspen is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the city. Signage has a significant impact on the visual character and quality of the city. The proliferation of signs in the city would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City of Aspen must compete with many other Colorado, national and international resort communities for tourism oppommities. In order to preserve the City of Aspen as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. These sign regulations are intended to: 2 A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being of the City of Aspen as a place to live, vacation and conduct business. D. Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the city's premier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the city, fostering the "village style" quality of the city, and preserving and enhancing scenic views. E. Enable the identification of places of residence and business. F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. H. Permit signs that are compatible with their surroundings and aid orientation, and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. I. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. J. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. K. Establish sign size in relationship to the scale of the lot's street frontage and building's street frontage along which the sign is to be placed. L. Protect the public from the dangers of unsafe signs, and require signs to be constructed, installed and maintained in a safe and satisfactory manner. M. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. N. Regulate signs in a manner so as to not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians. 26.510.020 Applicability and scope. This Chapter shall apply to all signs of whatever nature and wherever located within the City of Aspen except for the Aspen Highlands Village PUD. Sign regulations for Aspen Mountain PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall be allowed except as permitted by this Chapter. 26.510.030 Procedure for sign permit approval. A. Permit required. It shall be unlawful to erect, place, construct, reconstruct, or relocate any sign without first obtaining a sign permit from the Chief Building Official. B. Exempt signs. The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 1. Preventive maintenance. The ordinary preventative maintenance of a lawfully existing sign which does not involve a change of placement, size, lighting, color or height. 2. Repainting. The repainting of a lawfully existing sign exactly as it was prior to such activity. 3. Banners, pennants, streamers, and balloons and other gas-filled figures. Temporary banners, pennants, streamers, balloons and inflatables shall be permitted per Section 26.510.110(B), Policies Regarding Signage on Public Property. Streamers and balloons shall be permitted in association with a retail special event or sale of limited duration. 4. Construction signs. One freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) square feet in area per sign, which are not illuminated, and which identify individuals or companies involved in designing, constructing, financing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed thirty (30) days prior to commencement of construction and shall be removed within fourteen (14) days of termination of construction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not identify or advertise a person, product, service or business. 5. Directional or instructional signs. Signs, not exceeding six (6) inches by thirty (30) inches in area, which provide direction or instruction to guide persons to 4 facilities intended to serve the public. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, affiliation with motor clubs, acceptance of designated credit cards, and other similar signs providing direction or instruction to persons using a facility but not including those signs accessory to parking areas. Advertising material of any kind is strictly prohibited on directional and instructional signs. 6. Fine art. Works of fine art which in no way identify or advertise a person, product, service or business. 7. Flags. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. 8. Government signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory purposes, street signs, warning signs, railroad crossing signs, signs of public service companies indicating danger, and aids to service and safety which are erected by, or for the order of government. 9. Historic designation. Signs placed on a historic building identifying the structure as a property listed on the Aspen Inventory of Historic Landmark Sites and Structures, which sign shall be a wall sign not to exceed six (6) square feet in area. 10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriotic, and/or religious holidays, provided that such decorations are maintained in safe condition, 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 the interior of any building, or within an enclosed lobby or court of any building, which are not visible from the public right-of-way, adjacent lots or areas outside the building, and signs not to exceed 30" x 42", located within the inner or outer lobby, court, or entrance of any theatre which are intended solely for information relating to the interior operation qf the building in which they are located. 13. Mail boxes, including street address. 5 ! 4. Memorial signs. Memorial plaques or tablets, grave markers, statutory declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials, or other remembrances of persons or events that are noncommercial in nature. 15. Menu signs and real estate picture boxes. One sign per use, with an area not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is located, and which advertises and/or identifies a restaurant menu, drinks, or foods offered, or special activities incidental to drink and food service, or real estate offering. 16. Public notices. Official government notices and legal notices. 17. Residential name and address signs. One freestanding or wall sign per detached dwelling unit or duplex unit, with an area not exceeding two (2) square feet, which identifies the name of the occupant and the street address of the dwelling unit. 18. Shielded light in architectural design that complies with Section 26.575.150. 19. Vending machine signs. Permanent, nonflashing signs on vending machines, gasoline pumps, ice or milk containers, or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use, and other similar information. 20. Residential name and address signs. Every detached residential dwelling unit or duplex unit may have mailbox or wall signs with an area not to exceed two (2) square feet to identify the street address and the name(s) of the occupants. 21. Security signs. Every parcel may display security signs not to exceed an area of six inches wide by six inches long (6" x 6"). Security signs may contain a message, logo, or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed in the City right-of-way. 22. Timeshare identification signs. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, shall have a wall-mounted sign with an area not exceeding two (2) square feet, stating that it has been approved for timesharing and identifying the name and phone number of a contact person or management entity for the property. C. Application. A development application for a sign permit shall include the following information: 1. That information required on the form provided by the Community Development Director; 6 2. A letter of consent from the owner of the building; 3. Proposed location of the sign on the building or parcel; 4. A blueprint or ink drawing of the plans, specifications, and method of construction of the sign and its supports, showing proposed dimensions, materials, and colors and the type, intensity, and design of the sign's illumination, if any; and 5. The dimensions, measurements, and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other sign located on the property; and any other information needed to calculate permitted sign area, height, type, placement or other requirements of these regulations. D. Determination of completeness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the deficiencies are remedied. If the application is determined complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. 26.510.040 Prohibited signs. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City of Aspen. A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per Section 26.510.130(D)(1)(e). B. Billboards and other off-premise signs. Billboards and other off-premise signs, including security company signs which do not comply with the regulations set forth in Section 26.510.040(B)(20), and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.120. C. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations except as permitted per Section 26.575.150, Outdoor Lighting. 7 D. Moving signs. Signs with visible moving, revolving, rotating parts, or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. E. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising or information and other gas-filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. F. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days after written notification from the Community Development Director, and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this paragraph. Signs of historical character shall not be subject to the provisions of this section. For the purpose of this section, historical signs are defined to be those signs at least fifty (50) years in age or older. G. Portable and wheeled signs except as allowed per Section 26.510.130(D)(1)(e). H. Roof signs. I. Search lights or beacons except as approved per Section 26.575.150(H), Outdoor Lighting, Exemptions. J. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public right-of-way, adjacent lot, or building other than the building to which the sign may be accessory. K. Signs containing untruthful or misleading information. L. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. M. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for legal ventilation, or is attached to or obstructs any standpipe, fire escape or fire hydrant. N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be 8 visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. O. Signs in public right-of way. A sign in, on, over or above a public right-of-way that in any way interferes with normal or emergency use of that right-of-way. Any sign allowed in a public right-of-way may be ordered removed by the Community Development Director upon notice if the normal or emergency use of that right-of-way is changed to require its removal. P. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes, and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor Lighting. Q. Unsafe signs. Any sign which: 1. Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 3. Is not kept in good repair; 4. Is capable of causing electrical shocks to persons likely to come into contact with it; 5. In any other way obstructs the view of, may be confused with, or purports to be an official traffic sign, signal or device or any other official govemment regulatory or informational sign; 6. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle, or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare; 8. Is located on trees, rocks, light poles, or utility poles, except where required by law; or 9 9. Is located so as to conflict with the clear and open view of devices placed by a public agency for controlling traffic or which obstructs a motorist's clear view of an intersecting road, alley or major driveway. R. Street blimps. Parked or traveling cars used primarily for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's primary use is exempt. (Ord. No. 55-2000, § 13; Ord. No. 11-2001, § 1) S. Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Section 26.510.110(B). 26.510.050 Sign measurement. A. General. In calculating the area allowance for signs in all zone districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. B. Sign area. Sign area shall be the area of the smallest geometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs and their aggregate area shall be credited toward allowable sign area at one-half (1/2) the measured area. C. Two or more faces. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except where two (2) such faces are placed back to back and are at no point more than two (2) feet from one another. The area of the sign shall be taken as the area of the face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area. 26.510.060 Sign setback. Signs are not subject to the setback requirements of the zone district where they are located. 26.510.070 Sign illumination. A. Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. B. Shielding illumination. Illumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from, and does not cast glare or direct light from artificial illumination upon, any adjacent public right-of-way, surrounding property, residential property or motorist's vision. Illumination shall comply with Section 26.575.150. 10 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 thc initial letter in each word shall not exceed eighteen (18) inches in height. B. Logos. No logo on any sign, including cut-out letter signs, shall exceed eighteen (18) inches in height and eighteen (18) inches in length. 26.510.090 Structural characteristics. The following limitations shall apply to all freestanding, projecting and wall signs: A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (15) feet, whichever is less, and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. B. Projecting signs. Projecting signs shall not be higher than the eave line or parapet wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall of the top of thc principal building, and no sign part, including cut-out letters, shall project more than six (6) inches from the building wall. 26.510.100 Nonconforming signs. Nonconforming signs which were in existence on or before May 25, 1988, shall be discontinued on or before November 25, 1988. 26.510.110 Signs on public right-of-way. A.It shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or on any property, including lightposts, belonging to the City of Aspen without the permission of the City Council or in compliance with Section 26.510.110(B), Policies Regarding Signage on Public Property. However, this section shall not be deemed to apply to signs posted by any duly constituted public authorities in the performance of their public duties, or to specific circumstances otherwise provided for in this Chapter. B. Policies Regarding Signage on Public Property 1. Purpose of Regulations. The purpose of these regulations is to establish reasonable regulations for the posting of temporary signs, displays, and banners on certain public property. The regulations herein include (a) signage on public rights-of- way, (b) banners and flags on light posts on Main Street, (c) signs in City Parks, (d) 11 displays in City Parks, (e) signs hung across Main Street at Third Street and (f) signs on public buildings. These regulations shall be read in conjunction with Chapter 26.510 of the Aspen Municipal Land Use Code and are not intended to supercede the regulations of signs as set forth therein. Temporary signs and displays provide an important medium through which individuals may convey a variety of noncommemial and commercial messages. However, left completely unregulated, temporary signs and displays can become a threat to public safety as a traffic hazard and detrimental to property values and the City's overall public welfare as an aesthetic nuisance. These regulations are intended to supplement Chapter 26.510 of the Aspen Municipal Land Use Code and to assist City staff to implement the regulations adopted by the Aspen City Council. These regulations are adopted to: a. balance the rights of individuals to convey their messages through temporary signs or displays and the right of the public to be protected against unrestricted proliferation of signs and displays; b. further the objectives of Chapter 26.510 of the Aspen Municipal Land Use Code; and, c. ensure the fair and consistent enforcement of the sign and display regulations specified below. Section 26.510.110 of the Aspen Municipal Land Use Code states, "it shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or on any property, including light posts, belonging to the City of Aspen without the permission of the City Council." Sign permits issued by the City Manager, or his designee, that are in conformance with these regulations shall constitute City Council permission within the meaning of Section 26.510.110 of the Aspen Municipal Code. Applications for sign permits that do not comply with these regulations shall be forwarded to the City Council for consideration if requested by the applicant. 2. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.510 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: Banner means any sign of lightweight fabric, plastic, or similar material that is attached to any structure, pole, line or vehicle and possessing characters, letters, illustrations or ornamentations. Banner, Light post means any sign 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. 12 Display means any symbol or object that does not meet the definition of a sign as defined in the Aspen Municipal Code, but like a sign is intended to convey a message to the public. Flag means any fabric or bunting containing distinctive colors, pattems or symbols, used as a symbol of a government, political subdivision or other entity which meets the dimensional requirements and is intended to be installed on municipal light posts. Public right-of-way means the entire area between property boundaries which is owned by a government, dedicated to the public use, or impressed with an easement for public use; which is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in whole or in part, for such use; and includes without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, pedestrian malls, and any public way. Sign means and includes the definition for sign as contained in Section 26.104.100 of the Aspen Municipal Code. The term shall also include "displays" as that term is defined above. Sign, Inflatable means any inflatable shape or figure designed or used to attract attention to a business event or location. Inflatable promotional devices shall be considered to be temporary signs under the terms of this Chapter and, where applicable, subject to the regulations thereof. 3. Signs on Public Rights of Way a. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily in the public right-of-way. Temporary signs shall be permitted in public rights-of-way to advertise noncommercial special events open to the general public provided the following policies and procedures are followed. These regulations do not apply to banners on the Main Street light posts or hanging across Main Street that are subject to different regulations and criteria. b. Size/Number/Material: Only two (2) signs per event/organization shall be permitted. Signs shall not exceed ten (10) square feet each and banners shall not exceed fifty (50) square feet. Banners must be made of nylon, plastic, or similar type material. Paper signs and banners are prohibited. c. Content: Signs authorized pursuant to this policy shall be limited to signs that advertise the name, date, time and location of a special event for noncommercial purposes. The City recognizes the success of special events often depends on commercial sponsorship. Therefore, the City shall allow signs that contain the name of the applicant and/or event, date, time, names and location of the event, as well as sponsorship names and logos; provided, however, that the total sponsorship 13 information shall not be the most prominent information conveyed by the signs, and shall take up no more the 30% of the total area of the individual signs. d. Cost/Fees/Procedures:Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a signs plan to the Community Development Department for review and approval for a fee as outlined in Chapter 2.12 of the Aspen Municipal Code. Applications must be received a minimum of thirty (30) days prior to the event. The applicant shall also submit a refundable security deposit as outlined in the current fee schedule to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three (3) days. e. Eligibility: Signs authorized pursuant to this policy shall be limited to a special campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommemial purposes. f. Duration: Temporary signs authorized pursuant to this section shall be erected and maintained for a period not to exceed fourteen (14) days prior to the date of which the campaign, drive or activity, or event advertised is scheduled to occur and shall be removed within three (3) days of the termination of such campaign, drive, activity or event. Small directional signs are permitted the day of the event only and must be removed immediately following said event. g. Maintenance: All signs and banners shall be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk to the public. h Exceptions: Any exceptions from the above requirements shall require City Council review and approval. Banners and Flags on Main St. Light Posts a. Purpose: Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate very special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries beginning at the organization's tenth (I 0th) year of local non-profit organizations and for prominent local, regional, state or national events. Prominent local, regional, state or national events shall include recurring annual events or events that are considered significant to a large segment of the commtmity. The United States, Colorado, Aspen, and foreign cotmtry flags shall be permitted at the discretion of the City Manager, Mayor or City Council. 14 b Size/Number/Material: All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be 2' in width by 4' in height to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. c. Content: Banners shall only contain information identifying the event, the date and time or a simple graphic/logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than 30% of the area of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. d Cost/Fees/Procedures:The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12 of the Aspen Municipal Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section H for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. e. Eligibility: Only applications for significant anniversaries as defined in Section 26.510.110((B)(4)(a) of local non-profit organizations shall be eligible for consideration pursuant to this policy. All other requests from other organizations or for other types of events shall be forwarded to City Council. f. Duration: The display of banners and flags on the Main St. light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance: Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags ~hat are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. h. Priority: Banner and flag applications shall be handled on a first come, first serve basis. Applicants may be asked to alternate light posts with other organizations. The City reserves the right to prioritize City sponsored events over other applications. 15 i. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 5. Signs in City of Aspen Parks Related to Special Events in the City Park. a. Purpose: Unattended signs are generally prohibited in City parks. Separate regulations apply to temporary unattended signs placed in Paepcke Park (See below for those regulations.) The purpose of this policy is to regulate unattended temporary signs that are permitted in limited circumstances in City parks. The City recognizes that unattended temporary signs may be a necessary element to many special events that are permitted in City parks in order to communicate general information to the public and advertise services, products and offerings as well as sponsorship of the special event. Accordingly, temporary unattended signs are permitted, subject to these policies, when the signs are connected to a special event at a City park for which a permit has been obtained from the City. Signs in City parks are typically temporary in nature, and review occurs through the Special Event Committee. b. Size/Number/Material: Unattended temporary signs located in City parks shall be limited in size to three (3) feet by six (6) feet. The number of signs oriented towards the event venue shall be limited to two signs per sponsor and the number of signs oriented towards the rights-of-way shall be limited to five (5) which shall not extent more than ten (10) feet above grade. Banners must be made of nylon, plastic or similar material. Paper banners and flags are prohibited. The Special Events Committee may approve one inflatable per event of no more than twenty (20) feet in height if a suitable on-~ite location can be provided and if there is a demonstrable community benefit. c. Content/Location: The sign's content may include general information (i.e. dates, times, locations of activities) as well as advertisement of services, products, offerings and sponsorship up to 30% of the area of the sign. Unattended temporary signs conveying a commercial message shall be set back at least ten (10) feet from the public right-of-way. d. Cost/Fees/Procedures:Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a sign plan to the Community Development Department for review and approval for a fee as outlined in the current fee schedule. The applicant shall also submit a refundable security deposit as outlined in the current fee ordinance to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three (3) days. The applicant shall receive the necessary approval prior to the installation of any signs. Applications must be received no later than thirty (30) days prior to the event. e. Eligibility: Unattended temporary signs may be located in City parks only for the following reasons: a special campaign, drive, activity or event for a civic, philanthropic, educational or religious organization for noncommercial purposes 16 for which a special event permit has been obtained from the City. An exception to this regulation is 6x30" directional signs for commemial organizations using City Parks. f. Duration: Unattended temporary signs may be erected and maintained only for the duration of the event, or forty-eight (48) hours, which ever is less. All signs must be removed immediately following the event. g. Maintenance: All signs must be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk to the public. A $50.00 refundable security deposit will be required to insure compliance. h. Exceptions: The Special Events Committee may grant exceptions to the size and number regulations if deemed an appropriate location and/or event. Included in its evaluation, the Special Events Committee shall consider if there is a demonstrable community benefit to the event. The Special Events Committee, at this discretion may send any requests for exceptions to Section 26.510.110(B)(5) to City Council for review and approval. 6. Unattended Temporary Signs in Paepcke Park a. Purpose: Unattended signs in public parks are prohibited with the exception to Paepcke Park. The purpose of this policy is to regulate the placement of unattended temporary signs in Paepcke Park that are civic, philanthropic, educational or religious in nature. b. Size/Number/Material: Applicants are limited to one sign that shall comply with the City of Aspen lighting and sign codes. The sign shall not to exceed fifty (50) square feet in size. A total of 4 signs shall be permitted in Paepcke Park at any single period of time and applications will be handled on a first come, first serve basis. c. Content/Location: The content of the display and any signs may not be commercial in nature. The applicant shall work with the City Parks Department to find an appropriate location so that there is minimal impact on the park. Displays may not be affixed on or near the gazebo, and shall not obstruct the view of the gazebo from Main Street. d. Cost/Fees/Procedures:The applicant shall pay an application fee and a refundable security deposit as outlined in the current fee schedule to cover any damages caused by the installation, maintenance or removal of the sign. The applicant shall reimburse the Parks Department for any electric fees. An application shall be submitted to the Community Development Department for review by the City Manager or his/her designee. Applications shall be received no later than thirty (30) days prior to the proposed installation of the object. 17 e. Eligibility: Civic, pfiilanthropic, education or religious non- profit organizations shall be eligible. The City reserves the fight to deny any application for a sign that would interfere in City-sponsored activities in the park. fi Duration: no more then fourteen (14) days. Applicants are permitted to maintain their signs for g. Maintenance: All signs shall be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk to the public. The applicant must work with the City Parks Department regarding all maintenance issues. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 6. Signs Across Main Street at Third Street a. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily across the Main Street right-of-way at Third Street. Temporary signs shall be permitted in this location to advertise noncommemial special events open to the general public provided the following policies and procedures are followed. These regulations do not apply to banners on the Main Street light posts or signs other than those hanging across Main Street at Third Street. b. Size/Number/Material: following specifications: Banners must consist of the (1) any type of durable material; (2) semi-circular wind holes in banner (3) metal rivets at all comers, and every 24 inches along the top and bottom of the banner; (4) size will be twelve (12) feet in length and three (3) feet in width. c. Content/Location: No commercial advertising will be allowed, except in cases where a sponsoring entity's name is part of the name of the event. In such cases the organization promoting the event may not construct the banner such that sponsoring entity's commercial name is the most overwhelming aspect of the banner and the sponsor's name and logo shall be limited to no more than 30% of area of the sign. Political advertising on or located in the public right-of-way on public property (even by a non-profit organization) is prohibited per Aspen Municipal Code 26.510.120 (C)(2)(b)(2). d. Cost/Fees/Procedures: 18 (1) A Main Street Banner Application and Banner Policy and Procedure form must be obtained from the City Manager's Office and completed by the party making the request and returned to the City Manager's Office no less than thirty (30) days prior to the date requested to hang the banner. (2) The exact legend of the banner must be indicated in writing (see specific area on application form). For your benefit, it is found that banners are most visually effective when kept simple: i.e.: event, date, organization and logo. (3) A fee of $50 per one-sided banner or $100 per double-sided banner, per week, must accompany the application form and be reviewed in the City Manager's Office 30 days prior to the date the banner will be hung. All organizations will be charged the same rate, accordingly. (4) All banners should be delivered directly to the City Electric Department, which is located in back of the post office at 219 Puppy Smith Road, by noon the Friday prior to the Monday hang date. Any barmer not delivered by noon the prior Friday is subject to an additional $50 charge. (5)Please pick up the banner from the Electric Department within 30 days after the display week(s). The City of Aspen assumes no responsibility for banners and any banners left more than 30 days may be discarded. e Eligibility: The City of Aspen provides space to hang four (4) single-sided banners and two (2) double-sided banners across Main Street with the intent of advertising community events, be it for Arts Organizations or Non-Profits and/or Not- For-Profit Organizations. These six spaces are reserved on a first come, first serve basis. Reservations will be taken each year on November 1st for the following year. The first organization to have their contract negotiated, signed and paid will be offered the banner space on a first come, first serve basis. fi Duration: One banner, per event, may be hung for a maximum of 14 days, as per Municipal Code 26.510.030 (B)(3)(b). Banner approvals are not guaranteed and will only be hung upon availability of the Electric Department staff. The length of time that a banner is to be hung is not guaranteed, and may be shortened at the discretion of the City. Based on his/her judgment as to the best interest of the City, the City Manager may determine which banners are to be given priority when there are multiple requests for the same time period. manner. Maintenance: All banners shall be maintained in an attractive h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 7. Signs on Public Buildings 19 a. Signs on public buildings shall be prohibited. 26.510.120 Temporary signs. A. General. No temporary sign is permitted within the city unless all other signs on the property upon which the temporary sign is to be erected, placed or affixed and the temporary sign itself conform to this Chapter. B. Residential uses and residential zone districts. For all residential uses and residential zone districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 26.510.130, and then only if accessory and incidental to a permitted or conditional use: 1. Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the property upon which the sign is located, subject to the following: a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall be not more than one temporary real estate for sale or rent sign per unit. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located. 2. Temporary political signs. Temporary political signs announcing political candidates seeking public office, political parties, or political and public issues shall be permitted. C. Nonresidential uses and nonresidential zone districts. For all nonresidential uses and nonresidential zone districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 26.510.130, and then only if accessory and incidental to a permitted or conditional use: 1. Temporary sandwich board signs can/ed by a person. Temporary sandwich board signs which are carried by a person and are advertising or identifying a special, unique or limited activity, service, product or sale of a limited duration, or identifying a restaurant menu, subject to the following: 20 a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at any one time. c. Area. The area of the temporary sign shall not exceed six (6) square feet per side. 2. Temporary political signs. Temporary political signs announcing political candidates seeking public office, political parties, or political and public issues shall be permitted. There shall be no temporary political signs permitted on or located in the public right-of-way or on public property except as permitted per Section 26.510.110(B) Policies Regarding Signage on Public Property. 3. Temporary sale signs. Temporary sale signs, announcing special sales of products and services, shall be subject to the following: a. Type. The temporary sale sign shall be placed in the window or windows of the business holding the sale. b. Number. There shall be permitted not more than one (1) temporary sale sign in any window, and a total of not more than three (3) temporary sale signs for each use. Area. Each temporary sale sign shall not exceed three (3) square feet. d. Duration. Temporary sale signs may be maintained for a period not to exceed fourteen (14) days, and shall be removed at the end of the fourteen (14) days or on the day following the end of the sale, whichever shall occur first, and shall not be replaced for at least two (2) months following the removal of the sign(s). 4. Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the property upon which the sign is located, subject to the following: a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall be not more than one temporary real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. 21 d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located. 26.510.130 Zone district sign restrictions. A. Residential uses. For all residential uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: 1. Home occupation, multiple-family dwelling complex, or mobile home park identification signs. a. Type. The home occupation, multiple family dwelling complex, or mobile home park identification signs shall be freestanding signs or wall signs. b. Number. There shall be not more than one freestanding or wall sign per home occupation, or per street entrance of a multiple-family dwelling complex or mobile home park. c. Area. The area of the sign shall not exceed two (2) square feet per dwelling unit, and shall not exceed a total of twenty (20) square feet. d. Illumination. A home occupation identification sign may be illuminated only when it is identifying a home occupation of an emergency service nature. A multiple-family dwelling complex or mobile home park identification sign may be illuminated. All illumination must comply with Section 26.510.070, Sign Illumination and Section 26.575.150, Outdoor Lighting. B. Institutional uses. For all church, school and public administrative building uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: 1. Church, school or public administrative building identification signs. a. Type. The church, school or public administrative building identification sign shall be a freestanding or wall sign. b. Number. There shall be not more than two (2) signs permitted along the lot frontage on any one street, not to exceed a total of four (4) signs per lot, subject to the area requirements in Section 26.510.130 (B)(1)(c). c. Area. 22 (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for any one use on any one frontage exceed twenty (20) square feet. (4) Illumination. The sign may be illuminated except when located in a residential zone district. C. Recreation club or open use recreation site uses. For all recreation club or open use recreation site uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: 1. Recreation club or open use recreation site designation signs. a. Type. The recreation club or open use recreation site designation sign shall be a freestanding or wall sign. b. Number. There shall be not more than one sign per use permitted along the lot frontage on any one street, not to exceed a total of two (2) signs per lot, subject to the area requirements in Section 26.510.130 (C)(1)(c). c. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the area of the lot within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for any one frontage exceed twenty (20) square feet. 23 (4) Illumination. The sign may be illuminated only during hours of normal operation and the illumination must comply with Section 26.575.150, Outdoor Lighting. D. Commercial uses. For all Commercial Core (CC), Commercial (C-l), Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Commemial (NC), Mixed Use (MU) or Service/Commercial/Industrial (SCI) zone district uses, only temporary signs permitted trader Section 26.510.120 and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: 1. Business or occupancy identification signs. a. Type. The business and occupancy identification signs shall be freestanding signs, projecting signs, wall signs, including cutout letter signs, or lettering on awnings. b. Number. There shall be not more than a combination of two (2) of the following three (3) types of signs: freestanding signs, projecting signs, or wall signs, including a cut-out letter sign subject to the area requirements in Section 26.510.130(D)(1)(c). In addition, there shall be no limit on the number of business and occupancy identification signs which may be placed in the windows of the business; provided, that said signs shall count against the aggregate sign area permitted as if the window sign was a cut-out letter sign. There shall also be no limit on the number of awnings which may be lettered; provided, that said signs shall count against the aggregate sign area permitted as if the window sign was a cut-out letter sign. c. Area. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) exceed six (6) square feet. Projecting sign. The area of a projecting sign shall not (3) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (4) Awning sign. The area of an awning sign shall not be limited, but the lettering on the awning shall not exceed six (6) inches in height. (5) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. If there is more 24 than one use or tenant within the principal building, then the aggregate sign area permitted for each use or tenant within the building shall be that portion of the aggregate sign area as agreed upon by the owner(s) and occupant(s) of the building. The Community Development Director shall be notified of such agreement and the respective proportionate shares of signage. In no case shall the aggregate sign area for any one use on any one frontage exceed twenty (20) square feet. d. Location. The business and occupancy identification signs shall be located on the business being identified, unless the business does not have frontage at street grade. For such businesses, one sign may be located on the business being identified and the other sign may be included in a business directory sign. e. Portable and sandwich board signs. Portable and sandwich board signs shall be permitted in the Commercial Core (CC) and Commercial (C-1) zone districts. Portable and sandwich board signs are limited to Retail and Restaurant uses. Portable and sandwich board signs are prohibited for Office Uses (1) Portable sandwich board signs are limited to nine (9) square feet in size and shall not count in the aggregate sign area. (2) Businesses are limited to one sandwich board or portable sign per business. (4) Portable sandwich board signs must be made primarily of wood or metal and must have a professional finish. (4) Insets must be chalkboard. Dry erase boards are prohibited. (5) A six (6) foot travel width must be maintained on sidewalks and a eight (8) foot travel width on the pedestrian malls. (6) Sandwich board and portable signs are not permitted on rights of way or pedestrian malls ovemight. (7) A separate sandwich board sign permit must be approved by the Zoning Officer and shall meet the following requirements: The Zoning Officer shall take into consideration safety issues with regards to the placement of the sign. The sign shall have a professional finish and be consistent with the community character. Permits for sandwich board signs shall be revocable by the Zoning Officer if the above criteria are not 25 met or, in the opinion of the Zoning Officer, the sign creates a visual nuisance. (8) Unless readopted by City Council on or before April 11, 2005, the provisions of Section 26.510.130(D)(5)(3) and its subsections shall be null and void 2. Business directory signs. a. Type. The business directory signs shall be wall signs or freestanding signs. Number. There shall be not more than one business directory sign per lot. c. Area. The maximum permitted area of the business directory sign shall be as follows: For 1 to 5 businesses--One square foot of sign area per business. For 6 to 10 businesses--Five square feet plus 1/2 square foot for each business over five businesses. For more than 10 businesses--7 1/2 square feet, plus 1/4 square foot for each business over ten businesses, to a maximum sign area of 10 square feet. 26.510.140 Window displays. Window displays of merchandise, and representations thereof, are not subject to sign regulations, sign square footage, and do not require a sign permit, except the following are prohibited in window displays: 1. Televisions, computer monitors, or other similar technological devices that create oscillating light. 2. Neon or other gas tube illumination, rope lighting or low-voltage strip- lighting. Section 2: All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 26 Section 4: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 14th day of February 2005. Attest:/~,/~ /) /~.~ ~ ~thryn S. K~l~;C~ty/Cle~k FINALLY, adopted, passed and approved this 11th Day of April 2005. i Clerk Approved as to form: ~.~4Iff~r~t~r; Ci~ Attorney 27