HomeMy WebLinkAboutordinance.council.036-89 O DINANCE NO.
(Series 1989)
AN ORDINANCE AMENDING SECTIONS 16-2.C, 16-2.L, 16-2.P, 16-2.CC,
16-3.B.6(A), AND 16-4 OF THE ~UNICIPAL CODE OF ASPEN TO LIMIT
CONSTRUCTION ACTIVITY NOISE AT NIGHT AND UPDATE DISTRICT
DEFINITIONS TO REFLECT CURRENT ZONING DISTRICTS
WHEREAS, the Environmental Health Department has determined
that the existing rules and regulations governing noise are
inadequate to protect the health and welfare of the residents of
the City of Aspen; and
WHEREAS, -amendments to the aforementioned rules and
regulations have been proposed by the Environmental Health
Department to correct deficiencies in the existing rules and
regulations; and
WHEREAS, The City Council of the City of Aspen has
determined that the aforementioned changes benefit the health and
welfare of the residents and visitors to the City of Aspen; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Sections 16-2.C, 16-2.L, 16-2.P, 16-2.CC, 16-3.B.6(a)
and 16-4 of the Municipal Code of the City Of Aspen, Colorado,
are hereby amended to read as follows:
Section 16-2.
C. Commercial District: An area zoned primarily for commercial
use as defined in Chapter 24 of the Aspen Municipal Code,
including, but not limited to, areas designated CC, C-l,
S/C/I, NC, O, and as such designations may be amended.
L. Emergency Work: Work necessary to restore property to a
safe condition following an unusual event, or work required
to protect persons or property from exposure to danger.
P. Lodqe District: An area zoned primarily for lodge use as
defined in Chapter 24 of the Aspen Municipal Code,
including, but not limited to, areas designated L/TR, CL,
LP, and as such designations may be amended.
CC. Residential District: An area zoned primarily for
residential use as defined in Chapter 24 of the Aspen
Municipal Code, including, but not limited to, areas
designated R-6, R-15, R-15A, R-15B, R-30, R/MF, MIIP, RR, O,
A, C, P, PUB, and as such designations may be amended.
Section 16-3.B.6.
(a) within the City limits during the hours from 10 P.M. until
7:00 A.M.
Section 16-4 Use District Noise Levels:
A. Maximum Permissible Sound Levels: It shall be a violation
of this ordinance for any perso~ to operate or permit to be
operated any stationary source of sound in such a manner as
to create a ninetieth percentile sound pressure level (L90)
of any measurement period (which shall not be less than ten
(10) minutes unless otherwise provided for in this
ordinance) which exceeds the limits~ set .forth for the
following receiving land use districts when measured at the
boundary or at any point within the property affected by the
noise:
NIGHT DAY
Use District 10 P.M.-7 A.M. 7 A.M.-10 P.M.
Residential 50 dB(A) 55 dB(A)
Lodge 55 dB(A) 60 dB(A)
Commercial 55 dB(A) 65 dB(A)
Industrial Not Applicable 80 dB(A)
When a noise source can be identified and its noise measured
in more than one use district, the limits of the most
restrictive use shall apply at the boundaries between the
land use categories. This provision shall not apply when
the least restrictive use is a floating industrial district,
in which case the limits applicable to the industrial
district shall apply, notwithstanding the boundaries of the
more restrictive uses, because of the temporary nature of
the industrial use. If an area is zoned SPA, the use
category will be determined by the predominant existing uses
within that area.
Section 2
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 3
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 4
shall be held on the J~Q/~
A p~lic_hearing on the ordinance
day of ~ , 1989, in the City Council Chambers,
Aspen Ci~ Hal~/, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as pro.v.i~de~d by law by
uncil of the City of ASpen on the /~b~,-~ day of _
~chael Gassman'l~Mayor Pro Tem
ATTEST:
Kathryn W. Koch, City Clerk
· approved this /~%~-"-/ day of
~-~~LY ad°pted passed and ~!b~~e~l~~as ~
· 1989.
ATTEST:
~ch, city Clerk