HomeMy WebLinkAboutordinance.council.011-92
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ORDINANCE NO. \\
(series of 1992)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 19-5 OF THE MUNICIPAL CODE REGARDING ENCROACH-
MENT LICENSES AND THE OCCUPANCY OF PUBLIC RIGHT-OF-WAY.
WHEREAS, section 19-5 of the Municipal Code for the City of
Aspen presently provides a procedure by which persons wishing to
occupy or utilize public right-of-way may petition the City
Council to do so; and
WHEREAS, the city Council has determined that the granting
or denial of an encroachment license to occupy or utilize public
right-of-way is fundamentally an administrative matter that
should not require the involvement or attention of the City
Council in the decision-making process; and
WHEREAS, the city Engineer is charged under the Municipal
Code with overseeing public streets and rightS-Of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
section 1
Section 19-5, "Occupancy of right-of-way prohibited without
Council approval; application, fee", of Chapter 19 of the Munici-
pal Code of the city of Aspen, Colorado, be and is hereby amended
to read as follows:
Sec. 19-5. Occupancy of public right-of-way prohibited
without encroachment license; application fee; appeals.
(a) No person shall occupy, construct, place or maintain
within any public right-of-way any building, structure
or appurtenance, fence, tree, vegetation or other
obstruction without first having obtained an encroach-
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ment license from the city Engineer. Any person seek-
ing an encroachment license must submit an application
therefor on forms provided by the city Engineer accom-
panied by an administrative review fee of three hundred
dollars ($300.00). The City Engineer may specify the
terms and conditions under which any encroachment
license is to be issued so as to protect the best
interests of the city. All encroachment licenses
granted under this section shall be revocable by the
city with or without cause at any time.
(b)
Any person aggrieved of a decision by the city Engineer
under this section may seek an appeal of same to the
Board of Adjustment. All appeals must be submitted in
writing to the city Engineer within ten (10) days of
the decision being appealed from. The city Engineer
shall promptly forward all appeals to the Board of
Adjustment who shall schedule and conduct a hearing
thereon within thirty (30) days. The Board of Adjust-
ment shall utilize the following standards in determin-
ing whether to affirm, reverse or modify the decision
of the City Engineer:
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1. Whether the requested encroachment is the minimum
encroachment necessary to make possible the rea-
sonable use of the parcel, building or structure
in question.
2. Whether denial of the encroachment would cause the
applicant unnecessary hardship or practical diffi-
culty.
3. Whether there are special circumstances or condi-
tions which are unique to the parcel, building, or
structure in question which are not applicable to
other parcels, buildings or structures.
All decisions of the Board of Adjustment under this
section shall be reduced to writing.
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(c) Nothing contained in this section shall be construed to
apply to improvements or activities undertaken within a
public right-of-way by the city, its employees or
agents, or the placement of temporary safety barricades
or structures around excavations or construction within
a public right-of-way, or the placement of other devic-
es or structures that may be required to be placed in a
public right-of-way by reason of state or federal law
or regulation or Section 19-6 of the Municipal Code.
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section 2
This ordinance shall not have any effect on existing litiga-
tion 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.
section 4
A public hearing on the ordinance shall be held on the /67
day of
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, _.k__-l:-Ut/(",'L-~'~~l
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, 1992, 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 ,;;. 7
'(Jr<-..ru'"L ?L) , 1992.
day of
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John . Bennett, .Mayor
ATTEST:
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Kathryn . . Koch, City Clerk
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day of
passed and approved this
FINALLY adopted,
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, 1992.
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John . Bennett, Mayor
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