HomeMy WebLinkAboutordinance.council.020-09ORDINANCE N0.20
(SERIES OF 2009)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE EXEMPTION PROVISIONS OF THE RESIDENTIAL
MULTI-FAMILY HOUSING REPLACEMENT PROGRAM OF THE CITY OF ASPEN
LAND USE CODE
WHEREAS, The City of Aspen is a Home Rule Municipal Corporation organized under
and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule
Charter; and,
WHEREAS, by virtue of such authority, and as further authorized by State Statutes
including but not limited to C.R.S. 29-10-1-1 et seq. and 31-23-301 et seq., the City of Aspen has
broad authority to enact requirements to plan for and regulate the use and development of land
on the basis of impacts thereof on the community and surrounding areas; and,
WHEREAS, because certain requirements and limitations on the demolition of multi-
family buildings are affecting development plans of ongoing projects to effectively prohibit
substantial energy efficiency measures from being implemented and such requirements and
limitations may negatively impact the health, peace, safety, and general well-being of the
residents and visitors of Aspen, urgent action is necessary and the provisions of Section 4.11 of
the City of Aspen Municipal Charter are warranted; and,
WHEREAS, enacting exemptions from certain provisions and requirements of the
Residential Multi-Family Housing Replacement Program will permit and encourage structural,
safety, accessibility, and energy efficiency measures to be made to buildings; and,
WHEREAS, the City Council finds that the implementation of changes to the City of
Aspen Land Use Code, on an emergency basis and as described in this Ordinance, furthers and are
necessary for the promotion of public health, safety, and welfare and are necessary to implement
immediately in order to preserve the health, peace, safety, and general well-being of the residents
and visitors of Aspen, pursuant to the provisions of Section 4.11 of the City of Aspen Municipal
Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1: Code Amendment
Section 26.470.070.5.8.f -which sub-section shall be added providing an additional exemption
from the provisions of the Multi-Family Housing Replacement Program, as follows:
£ A change order to an issued and active building permit that proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in the opinion of
the Community Development Director, should be rebuilt for structural, safety, accessibility, or
significant energy efficiency reasons first realized during construction, which were not known
and could not have been reasonably predicted prior to construction, and which cause no or
minimal changes to the exterior dimensions and character of the building.
Emergency Ordinance Page 1
Ordinance No. „1 u, Series of 2009
Section 2• Effective Date and Expiration:
This Ordinance shall be effective immediately upon adoption pursuant to Section 4.11 of
the City of Aspen Municipal Charter. Unless otherwise extended, this code amendment
shall expire on its own accord without any further action by the City Council on August
4, 2010.
Section 3:
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:
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:
That the City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this
ordinance in a newspaper of general circulation within ten (10) days, or as soon thereafter as
possible, and record a copy of this Ordinance in the office of the Pitkin County Clerk and
Recorder.
INTRODUCED, READ, AND SCHEDULED FOR SECOND READING as provided by law,
by the City Council of the City of Aspen on the 3'~ day of August, 2009.
Attest:
--~~1!`-"`_
Kathryn S. ch, City Clerk
~`S-o
Michael C. Ireland, M, yor
FINALLY, adopted, passed and approved this 4`h day of August 2009.
Attest:
~ B-s-~
Kathryn S. c ,City Clerk Michael C. Ireland, ayor
Approved~as to form:
/i'
L `John". o ester, City Attorney
Emergency Ordinance Page 2
Ordinance No.~0 ,Series of 2009