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Home My WebLink Aboutordinance.council.005-95 \~.. ~\..". .... " , 'C'- &.1...... \\,-. -- ORDINANCE NO. r;;- Series of 1995 AN ORDINANCE Of THE CITY COUNCIL Of THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 24-7-1202, 24-7-1204, 24-7-1205, and 24-7-1206 OF THE ASPEN MUNICIPAL CODE TO AUTHORIZE THE PLANNING DIRECTOR TO REVIEW AND APPROVE TEMPORARY USES THAT ARE DEEMED TO BE INSUBSTANTIAL. WHEREAS, any use of land within the City of Aspen not specifically listed in Section 2, Article 5 of Chapter 24 of the Municipal Code, to wit, "Zone District, Permitted Uses, Conditional Uses, Dimensional Requirements, Maximum Land Use Densities and Off-Street Parking Requirements," shall be considered a prohibited use; and WHEREAS, City Council adopted Ordinance No.5, Series of 1992, to provide a procedure for the granting of temporary land uses that would afford flexibility then lacking in the Municipal Land Use Code that could be utilized to promote economic development, render relief in cases of hardsh,ip, and otherwise further the public health, safety and welfare; and WHEREAS. experience has demostrated that certain land uses not otherwise permitted within a particular zone district might appropriately be permitted if done solely on a temporary basis under certain specified conditions; and WHEREAS, experience has further demonstrated that certain land uses not otherwise permitted within a particular zone district should be approved by the planning director without city council approval as they constitute insubstantial temporary uses with minimal impact upon the immediate vicinity and are very limited in duration; and 1 _I,' , \\'<. ~.'.,' Y,." '<, trt WHEREAS, the City Council has determined that the granting of insubstantial temporary uses by the planning director on a case-by-case basis pursuant to the procedures and criteria set forth.in this proposed ordinance would not be inconsistent with the purposes underlying the Municipal Land Use Code and, likewise, would not be inconsistent with the purposes and intent of the Aspen Area Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY Of ASPEN, COLORADO, THAT: Section 1 Section 24-7-1202 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-I202. Authorization for temporary uses. No temporary use shall be permitted except upon review and approval by either the planning director or by city council in accordance with the procedures, standards and limitations set forth in this division. An insubstantial temporary use may be authorized by the planning director. An insubstantial temporary use shall be defined as a temporary use that meets the criteria set forth below at section 7-1203, is limited to a period of time not to exceed seven (7) days, the impact upon the immediate vicinity is determined to be minimal, and in the opinion of the planning director does not require the review and approval of the city council. Section 2 Section 24-7-1204 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 2 '-, -l" . '.~ ~, ,trt"., , W \~<" Sec. 7-1204. Conditions of approval. Upon review and approval by the planning director or city council; as set forth at section 24-7-1206 herein, the temporary use approval may be conditioned as deemed necessary to protect the integrity of the zone district and the surrounding uses ,and structures in the neighborhood in which a temporary use is to be permitted. This may include, but is not limited to, setting requirements for, or imposing restrictions upon size, bulk, location, open space, landscaping, buffering, screening, lighting, noise, signage, parking, operations, hours of operation, set-backs, building materials, and , requiring such financial security as deemed necessary to ensure compliance with any or all conditions of approval and/or to restore the subject property to its original use and condition. Section 3 Section 24-7-1205 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: , Sec. 7-1205. Duratiou and expiration of a temporary use. A. Temporary uses may be granted for a period not to exceed one hundred eighty (180) days from the date upon which city council approves same, unless a shorter period is specified in the approval. Insubstantial temporary uses may be granted for a period not to exceed seven (7) days from the date upon which the planning director approved same, unless a shorter period of time is specified in the approval. B. City council may grant one extension of an approved temporary use. The planning director may grant one extension of an approve insubstantial temporary use. Requests for an extension of a temporary use approved by city council must be submitted in writing to the planning director no less than fifteen (15) days prior to the expiration of a permitted temporary use. Requests for an extension of an insubstantial temporary use approved by the planning director must be submitted in writing to the planning director no less than three (3) days prior to the expiration of a permitted insubstantial temporary use. All proposed extensions of a temporary use or insubstantial temporary use shall be evaluated under the same criteria as set forth in sections 24-7-1203 and 24-7-1204 of this Division 12. Requests for an extension of time approved by the city council shall be heard and approved or denied at a public hearing. No extension of a temporary use approved by city council shall exceed one hundred eighty (180) days. No extension of an insubstantial temporary use approved by the planning director shall exceed seven (7) days. 3 "e, '" '\ , '\c. If- ., ~, \. -- Section 4 Section 24-7-1206 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-1206. Procedure for temporary use approval. A development application for a temporary use shall be submitted to the planning director. If the planning director determines that the proposed temporary use is insubstantial in accordance with the criteria set forth at sections 24-7-1202 and 24-7- 1203, he may grant, or grant with conditions, the insubstantial temporary use. The planning director may, as part of the determination whether the temporary use is insubstantial, require the applicant to provide notice to surrounding property owners with an opportunity to comment by a date certain. The form and method of such notice shall be in the sole discretion of the planning director taking into account the nature of the proposed temporary use and its potential impacts upon the immediate vicinity. If the planning director determines that the proposed temporary use is not insubstantial, he shall forward same with comments and recommendations to the city council. City council shall then after a public hearing, grant, grant with conditions, or deny the application. The hearing before city council shall be preceded by timely notice as specified in section 24-6-205E(3),(b) and (c) of this chapter, and all hearings shall be conducted in accordance with the procedures set forth in section 24-6-205C of this chapter. Section 5 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 of amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 4 ~'e" ~. ''" II.' ~. .~. ~'\.'" ~ " Section 6 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 /3 day Of~ 1995, 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 c1.'5 day of ~~ ' 1995. / ~ (ft~- John S. Bennett, Mayor ATTEST: 5 .\ ""~ ~ ., .' 1\ \,,--", FINALLY adopted, passed and approved this 13 ~r- ,1995. ATTEST: ,~ tcmpuse.ord day of ~ t?~- John S. Bennett, Mayor 6