HomeMy WebLinkAboutordinance.council.073-75RECORD OF PROCEEDINGS
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ORDINANCE NO. 75
(Series of 1975)
AN ORDINANCE AMENDING CHAPTER 20 OF THE ASPEN MUNICIPAL CODE
(SUBDIVISION REGULATIONS) BY THE ADDITION OF SECTION 20-4
THERETO; ~ICH SAID AMENDMENT REQUIRES cOMPLIANCE WITH SUB-
DIVISION REGULATION IN THE EVENT OF RESUBDIVISION OF TRACTS
PREVIOUSLY SUBDIVIDED OR THE PARCELING OF TOWNSITE LOTS SHAR-
ING CONTINUOUS FRONTAGE AND UNDER SINGLE OWNERSHIP; PROVIDING
THAT THE ADOPTION OF SUBDIVISION REGULATIONS BY THE CITY OF
ASPEN SHALL NOT BE CONSTRUED TO ABROGATE EARLIER SUBDIVISION
AGREEMENTS OR RESTRICTIVE COVENANTS; AND PROVIDING FURTHER
THAT NOTHING HEREIN SHALL BE CONSTRUED TO PREVENT AN APPLIC-
ATION FOR EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEN
THE REQUIREMENTS OF SECTION 20-19(b) are met.
WHEREAS, the City Council has been presented with pro-
posed amendments to the Aspen Subdivision Regulations which amend-
ments are deemed appropriate,
NOW, 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,
is hereby amended by adding a Section 20-4, which said
Colorado,
section
reads as
follows:
"20-4
Resubdivision of Approved Plats; Parceling of
Lots within the Original Townsite
(a) Subdivisions filed and recorded on a final plat
prior to the effective date of this ordinance
shall not be regulated by this Chapter unless
proposed for resubdivision in such a manner as
to fall within the provisions of Section 20-3(s).
In the instance of large tracts or blocks of land
contained within a recorded subdivision and in-
tended or designed for resubdivision into smaller
tracts, lots, building sites, condominium units,
apartments, multifamily dwelling units, or
otherwise so as to constitute a subdivision under
said Section 20-3(s), such resubdivision shall
comply with all provisions of this chapter.
(b) This chapter is not intended to repeal, abrogate,
annul or in any way impair or interfere with
existing provisions of other laws or ordinances,
or with existing provisions of subdivision agree-
ments or restrictive covenants running with the
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land. Where this chapter imposes a greater
restrictiction than that imposed by such
existing provisions of law, contract or deed,
the provisions of this chapter shall control.
(c) If two or more lots or portions of lots within
the Original Aspen Townsite or Additions thereto
have continuous frontage and are in single
ownership (including husband and wife as in all
cases a single owner) on the effective date of
this ordinance, the lots or portions thereof
involved, regardless of diverse times of
acquisition, shall be considered an undivided
parcel for the purposes of this chapter, and
conveyance of any, whether or not along lot line,
shall constitute a subdivision.
(d) Nothing herein shall be construed to preclude
any owner affected by the aboveprovisions from
applying for an exemption from the definition
of subdivision pursuant to Section 20-19(b) when
the provisions of said section are satisfied."
Section 2
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalid-
ity shall not affect other provisions or applications of the
ordinance which can be given effect without the invalid provisions
or applications, and to this 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 ~y day of ~, 1975, at 5:00 P.M. 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, at its regular
meeting held ~~
;Q~THRYN HNUTER, CITY CL
FINALLY ADOPTED AND APPROVE
ATTEST:
1975.
STATE OF COLORADO )
) ss
COUNrlA~ OF PITKIN )
CERTIFICATE
I, Kathryn S. tIaot:er, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on ~
reading at a regular meeting of the City Council of the
City of Aspen on ~~ //~ , 197 ~, and publish-
ed in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of /~ , 197 ~, and was finally adopted
and approved at a regular meeting of the City Council on
Ordinance No. ~ ,
/
provided by law.
IN WITNESS WHEREOF,
197 ~-, and ordered published as
Series ~ 197~--, of said City, as
I have hereunto set my hand and
the seal of said City of Aspen, Colorado,
of ~~/ ., 197 ~--.
day
this
Kathryn S~. Hauter, City Clerk