HomeMy WebLinkAboutordinance.council.070-75RECORD OF PROCEEDINGS
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ORDINANCE NO. 70
(Series of 1975)
AN ORDINANCE REPEALING AND REENACTING SECTION 302(d) OF THE
UNIFORM BUILDING CODE (PREVIOUSLY ADOPTED BY REFERENCE IN
ORDINANCE NO. 15, SERIES OF 1974); ~,~ICH SAID SECTION OR
REENACTMENT WILL PROVIDE FOR THE EXPIRATION OF BUILDING PER-
MITS IN THE EVENT WORK SHALL NOT COMMENCE WITHIN ONE HUNDRED
TWENTY (120) DAYS OF ISSUANCE AND PROGRESS AT A RATE EQUAL
TO TEN (10%) PERCENT OF VALUATION EACH SIXTY (60) DAYS; PRO-
VIDE THAT ON EXPIRATION OF A PERMIT THAT EXCAVATIONS SHALL
BE FILLED; AND PROTECTIVE STRUCTURES REMOVED; PROVIDE THAT
THE PERMIT MAY REISSUE WITH CERTAIN LIMITATIONS; AND, FINAL-
LY, PROVIDE THAT VARIANCES MAY BE GRANTED FROM THE PROVISIONS
OF THIS ORDINANCE WHEN THEIR APPLICATION WILL PRESENT UNDUE
HARDSHIP
WHEREAS, the City Council feels that the procedures
for expiration of permits should be readopted, and be, at the
same time, more definitive and restrictive,
~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the Municipal Code of the City of Aspen, Colorado,
is hereby amended by the addition of subsection (o) to Section
7-141 which said subsection reads as follows:
"(o)
The Uniform Building Code, 1973 Edition, is
hereby amended by the repeal and reenactment
of Section 302(d) which said subsection on
reenactment shall read as follows:
Section 302(d) Expiration. Every permit issued by
the Building Official under the provisions of this
Code shall expire by limitation and become null and
void if the building or work authorized by such
permit is not commenced within 120 days from the
date of issuance of such permit. Work equal to 10%
of the valuation of the entire project must be com~
pleted in each 60 day period thereafter until com-
pletion of the project or said project shall be
deemed abandoned and the permit expire. In the
event a permit shall expire, the following provisions
shall apply, namely:
1. Ail below grade excavation done in
RECORD OF PROCEEDINGS
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anticipation of construction shall be
filled within 30 days of expiration
such as to bring the site to a condition
comparable to that before permit issuance.
Any fences, railings, canopies and other
protective structures placed in a public
right-of-way, and required by Chapter 44
of the Uniform Building Code, shall be
removed within 10 days of expiration of
a permit as well as all hazardous conditions
eliminate~.
Before such work can be recommenced a new
permit shall be first obtained so to do.
Such permit shall issue for a permit fee
equal to one half the amount required for
a new permit for such work provided no
changes have been made or will be made in
the plans and specifications for such work,
and provided further that the work has not
been abandoned for a period exceeding one
(1) year.
The provisions of subparagraph 3 to the
contrary notwithstanding, no permit shall
reissue for any construction or activity
prohibited by law at the time of the
application for reissuance.
~enever there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter
of this section, the City Council, on appeal thereto,
may vary or modify the application of this section so
that the intent and purpose of the code will be observed,
public safety and welfare secured, and substantial
justice done."
Section 2
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provisions or applications, and to the end the provisions or
applications of this ordinance are declared to be severable.
Section 3
A public hearing on this ordinance shall be held on
the 27th day of October, 1975, at 5:00 P.M. in the City Council
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RECORD OF PROCEEDINGS
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Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen, at its regular
meeting held October 14, 1975.
ATTEST= oT~CY S~EY III, MAYOR/
KATHRYN SJ HAUTER, CITY CLERK
FINALLY ADOPTED AND APPROVED AS AMENDED ON ~,J~Z,
~THRYN ~ HAUTER, CITY CLE~
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