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HomeMy WebLinkAboutordinance.council.034-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~4 (Series of 1976) AN ORDINA~CE k~ENDING SECTION 24-3.7 (d) OF THE ASPEN MUNICIPAL CODE (THE OPEN SPACE REQUIREMENTS OF THE ZONING CODE) PROHIBIT- ING TttE USE OF REQUIRED OPEN SPACE FOR COMMERCIAL ACTIVITY (UN- LESS AS AN ADJUNCT TO THE USE OF AN ABUTTING RIGHT-©F-?~Y), BUT EXCEPTING FROM SUCH PROHIBITION THE USE OF OPEN SPACE FOR RESTAURANTS ON RECEIPT OF PRIOR APPROVAL BY THE CITY'S PLANNING COMMISSION WHEREAS, 'i~he Aspen City Council is of the opinion that the intent and purposes of the open space requirements of the Zoning Code will be better satisfied if open air commercial activities are prohibited within required open space areas, ~OW, ~HEREFORE, DE 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) 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 prohibi- tions of this subsection shall not apply when such use is in conjunction with permitted commercial activity on an abutting right-of-way. Section 2 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: (9) The provisions of subparagraph (8) above notwith- standing, required open space may be used for commercial restaurant use if, on review, the Planning Commission shall determine that such use not be in derogation of the purposes of the open space require- nents of this section; provided, ~zowever, that noth- ing herein shall be construed to permit the construction of structures prohibited by this section in designated open space areas. RECORD OF PROCEEDINGS 100 Leaves Section 3 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 applica- tions, and to this end the provisions or applications of this ordinance are declared to be severable. Section 4 ~hat a public hearing on this ordinance be held on the ~ ~ay of ~, 1976, at 5:00 P.?~. in the City Council Chambers, Aspen City Hall, fifteen (15) days prior to which hear- ing notice of the same shall be pUblished once in a newspaper of general circulation in the City of Aspen, Colorado. iNTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting ~UkTHRYN S ~ HAuT~E-~, CITY CL FINALLY ADOPTED AND APPROVEDz~ ~ ATTEST: ~- STACY/STANDLEY, III, KATHRYN~. HAUTER, CITY CLERK By: MA~-UERITE WILSON, Deputy City Clerk 1976. RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) SS · CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on '~i~~, reading at a regular meeting of the City Counci~ of the C'ity of Aspen On __ and published in ~he Aspen Times, a weekly newspaper 197 of general circulation, published in the City of Aspen, Colorado, in its issue of '~-6~/ /.~ , 197~, and was finally adopted and approved at a regular meeting of the City Council on (~ ~<~ 7 , 197__~, and ordered published as Ordinance No. .~/.. , Series of 197~, and the day of of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand seal of said City of Aspen, Colorado, this ? Kathr/_n S. Hauter City Clerk