Loading...
HomeMy WebLinkAboutordinance.council.023-14 RECEPTION#: 612861, 08/26/2014 at 08:53:51 AM, 1 OF 2, R $16.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 23 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING SECTION 26.575.090—HOME OCCUPATIONS 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 prepare amendments to the Home Occupation limitations of the Land Use Code; and, WHEREAS,the City desires to clarify its existing land use code provisions which prohibit marijuana businesses as a home occupation; and WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575.090 — Home Occupations; 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO THAT: Section 1. Section 26.575.090 of the Land Use Code, which section describes the allowances and limitations of home occupations, shall be amended as follows: 26.575.090 Home occupations Home occupations are permitted in all residential dwellings in the City. To ensure home occupations are clearly incidental and secondary to the residential character of the home, a home occupation must comply with each of the following: A. Employees. Employs no more than one (1) person who is a nonresident of the dwelling; and B. Business License. Operates pursuant to a valid Business License for the use held by the resident of the dwelling unit; and C. Signage. Any signs must comply with Chapter 26.510 SIGNS; and D. Outdoor Storage. Any outside storage shall be screened or enclosed; and E. Nuisance. Does not utilize mechanical, electrical or other equipment or items which produce noise, electrical or magnetic interference, vibration,heat, glare, smoke, dust, odor or other nuisance outside the residential building or accessory structure; and Ord. 23, 2014. Page 1 F. Prohibitions. Does not include any of the following uses as a home occupation: Retail uses where the point of sale occurs within the residence (does not prohibit off-premise or internet sales); Restaurant uses; health or medical clinic; mortuary; nursing home; veterinarian's clinic; pharmacy; the sale,production, cultivation or testing of marijuana or marijuana products ; child care center for 6 or more children (see Section 26.575.080); warehousing; brewery; distillery; coffee roasting facility; liquor store; group home; dancing studio; or for the storage, sale, production, processing of flammable or volatile materials. A home occupation license may be revoked if the use creates a substaritial nuisance or hazard to neighboring residents. Section 2: 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 the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: 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. A public hearing on the ordinance shall be held on the 11th day of August, 2014, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of July, 2014. Attest: inda Manning, City lerk Ah on, Mayor FINALLY, adopted, passed and approved this 11st,2014. es Linda Manning, City Jerk on, Mayor Approved as to form: (�—? - .James R. True, City Attorney Ord. 23, 2014. Page 2 THE CITY OF ASPEN LEGAL NOTICE ORDINANCE 23, 2014 PUBLIC HEARING linance #23, Series of 2014 was adopted on first reading at r Council meeting July 28, 2014. This ordinance, if adop groves changes to section 26.575 .090 amending hc :upations. The public hearing on this ordinance is schedules dust 11 , 2014 at 5:00 p.m. City Hall, 130 South Galena. To .see the entire text, go to the city's legal notice website p://www.aspenpitkin.cam/Departments/Clerk/Legal-Notice If you would like a copy FAXetl or e-mailed to you, call the city Jerk's office, 429.268.