HomeMy WebLinkAboutordinance.council.010-99 ORDINANCE NO. ID
(Series of 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
REPEALING TITLE 20, RESIDENT MULTI-FAMILY HOUSING REPLACEMENT
PROGRAM, AMENDING TITLE 26, LAND USE REGULATIONS, OF THE ASPEN
MUNICIPAL CODE, PROVID/NG FOR PENALTIES FOR THE VIOLATION THEREOF,
AND REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT THEREWITH.
WHEREAS, the City Council desires to amend Title 26, Land Use Regulations, of the
Aspen Municipal Code to incorporate Tifie 20 of the existing Municipal Code within the land use
regulations and to re-codify the entire land use code to simplify its format and content; and
WHEREAS, the City Council desires to make certain substantive amendments to the land
use code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ASPEN,
COLORADO, AS FOLLOWS:
Section 1.
That Title 20 of the Aspen Municipal Code is hereby repealed in its entirety.
Section 2.
That a certain document entitled Land Use Code, three (3) copies of which are on file and
open for inspection by the public in the office of the City Clerk, be and the same is hereby
adopted as Title 26 of the Aspen Municipal Code and the same is hereby referenced, and made a
part hereof as if fully set forth in this ordinance.
Section 3.
That all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4.
That nothing in this Ordinance shall be construed to affect any right, duty or liability
under any ordinance in effect prior to the effective date of this ordinance, and in the same shall
be continued and concluded under such prior ordinances. Furthermore, the provisions of this
ordinance shall not apply in the following specific circumstances:
a) To the development of any property for which a vested fight, as defined by
Colorado law, has been obtained prior to .the effective date herof.
b) To the construction of any dwelling unit pursuant to any building permit which
was applied for prior to or on April 6, 1999.
c) If, however, subsequent to and in reliance upon development reviews of a project
by City staff or other review bodies, an applicant has so substm~tially changed his or her position
or incurred extensive obligations and expenses that it would be highly inequitable and unjust to
amend such plans, then the Community Development Director may issue such permit. Any
person aggrieved by a decision in this regard by the Community Development Director may
appeal to the City Council pursuant to Section 26.316 of the newly enacted Land Use Code.
Section 5.
That any person violating the provisions of this re-enacted Chapter 26 of the Aspen
Municipal Code shall be subject to prosecution in the Municipal Court and upon conviction may
be subject to the general penalty provisions set forth at Section 1.04.080 of the Municipal Code
(a fine not exceeding $I,000.00 or imprisonment for a period of up to one (1) year, or both at the
discretion of the Court). Each day that a violation occurs or continues shall constitute a separate
offense and nothing herein shall preclude the City from instituting such necessary proceedings to
enjoin, abate, or correct any violation.
Section 6.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of any ordinance repealed
or amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 7.
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 8.
A public hearing on the Ordinance shall be held on the/'~ day of~ , i 999, at
5:00 o'clock pm in the City Council Chambers, Aspen City Hall, 130 S. Galenla.~Prior to such
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
POSTED ON FIRST READING on the ~ day of -~ - , .
, r . ~ ioh S. Bennett, Mayor
ATTEST:
cle' '
· : . ~ZJ~ahn S. Berne t, a or
ATTEST: - .-
Kathryn S. ~..~,City Clerk
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