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HomeMy WebLinkAboutordinance.council.034A-76RECORD OF PROCEEDINGS Leaves ORDINANCE NO. ~ (Series of 1976) AN ORDINANCE AMENDING SECTION 24-3.7 (d) OF THE ASPEN MUNICIPAL CODE (THE OPEN SPACE REQUIREMENTS OF T~E ZONING CODE) PROHIBITING THE USE OF REQUIRED OPEN SPACE FOR COMMERCIAL ACTIVITY (UNLESS AS AN ADJUNCT TO USE OF AN ABUTTING RIGHT-OF-'JAY) WHEREAS, the Aspen City Council is of the opinion that the intents and purposes of the open space requirements of the zoning code will be better satisfied if open air commercial acitivities are prohibited within required open space areas, NOW, THEREFORE, ~E 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 adding a subsection to Section 24-3.7(d) which said subsection reads as follows: (8) Anything hereinabove to the contrary notwith- standing, no area of a building site designated as required open space under this section shall be used for any commercial activity, including, but not by way of limitation, the storage, display and merchandis- ing of goods; provided, however, that the prohibitions of thissubsection shall not apply when such use is in conjunction with permitted commercial activity on an abutting right-of-way. 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 this end the provisions or applications of this ordinance are declared to be severable. Section 3 That a public hearing on this ordinance be held on the day of , 1976, at 5:00 P.~. in the City Council Chambers, Aspen City Hall, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of RECORD OF PROCEEDINGS 100 Leaves general circulation in the City of Aspen, Colorado. INTRODUCED, i~AD AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held , 1976. ATTEST: STACY STANDLEY, III, ~LAYOR KATHRYN S. HAUTER, CITY CLERK FINALLY ADOPTED AND APPROVED ON , 1976. ATTEST: STACY STANDLEY, !II, ~YOR KA'I'HRYN S. HAUTER, CITY CLERK