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HomeMy WebLinkAboutordinance.council.045-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1974) AN ORDINANCE AMENDING SECTION 24-12(C) OF THE ASPEN MUNICIPAL CODE CONCERNING TEMPORARY SUSPENSION OF BUILDING PERMITS PENDING AMENDMENT OF THE ZONING CODE; PROVIDING THAT ONLY AFFIRMATIVE RECOMMENDATIONS OF THE ASPEN PLANNING AND ZONING COMMISSION SHALL HAVE SUCH INTERIM EFFECT; THAT RECOMMENDATIONS OF CHANGES TO BOTH THE CODE AND MAP SHALL HAVE INTERIM EFFECT FOR A PERIOD OF ONE YEAR; THAT SUCH EFFECT MAY BE TERMINATED BY ACTION OF THE COUNCIL; AND FURTHER REQUIRING THAT WITHIN 30 DAYS OF RECOMMENDATION OF AN AMENDMENT TO THE ZONING DISTRICT MAP THE EFFECT OF SUCH DESIGNATION SHALL BE NOTED ON SAID ZONING DISTRICT MAP. WHEREAS, the Aspen Planning and Zoning Commission, subsequent to public hearing thereon, has resolved that various amendments to section 24-i2(c) of the Aspen Zoning Code should be adopted to better effectuate the purposes of said section and give public notice of recommended amendments to the zoning district map, and WHEREAS, the Aspen City Council approves such recom- mendations and wishes to adopt the same, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That section 24-12, subsection (c) of the Municipal Code of the City of Aspen, Colorado, forming a part of the zoning code of the City of Aspen, is hereby amended to read as follows: "(c) Temporary suspension of building permits pending amendments Whenever the City Council, Planning and Zoning Commission or the Historic Preservation Committee has properly initiated proceedings to amend the text of Chapter 24 or the Zoning District Map pursuant to the provisions of this Article, and RECORD OF PROCEEDINGS 100 Leaves the Planning and Zoning Commission has, subsequent to public hearing, adopted a resolution recommending to the City Council approval of such amendment, no building permits shall be issued by the City Building Inspector which would be prohibited by the proposed amendment for a period of one (1) year following the date of such Commission resolution. Provided, however, if the City Council should, by resolution, refuse to further consider such amendment, or if an ordinance adopting the proposed amendment, or an amendment substantially similar to the proposed amendment, has not been passed on second reading by the City Council within the one (1) year time period, all building permits applied for during such period which otherwise conform to the existing zoning regulations shall issue. In the event the Planning and Zoning Commission shall have adopted a resolution recommending approval of a change of the Zoning District Map, including designations of H, Historic Overlay Districts, within thirty (30) days of each resolution, notation to the Zoning District Map shall be made to show the pending amendment, and failure to make such notation shall suspend the effect of the resolution until such is made. Provided, however, if the required notation is made within the (2) RECORD OF PROCEEDINGS 100 Leaves thirty (30) day period, it shall have effect retroactively to the date of the resolution." Section 2. If any provision of this ordinance or the application thereof shall be declared invalid by judgment or decree of any court of competent jurisdiction, then such declaration shall not affect other provisions or applications, and to this end the provisions and applications hereof are declared to be severable. Section 3. That a public hearing shall be held on this ordinance on ~~-~ ~3 , 1974, at 5 P.M., in the City Council ~ / Chambers, City Hall, Aspen, Colorado, after at least fifteen (15) days notice of time and place of such hearing shall have been published in a newspaper of general circulation in the city. INTRODUCED, READ, APPROVED AND ORDERED published at the regular meeting of the Aspen City Council at its regular meeting held ./'~--~ , 1974. ATTEST: Lorraine Graves City Clerk RECORD OF PROCEEDINGS 100 Leaves ' ~/ Stacy~ndley III / Mayor/' '~ ~ / ATTEST: ,~.~..~-' ~.,1-~ City Clerk STATE OF COI.0~\D0) ) ss CERTIFICATE COUhTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, hereby certify that the above and foregoing ordinance was published in Sept. 12 , at a regular meeting of , 197~..., and ordered , Series of 1974 , do introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on September 9 197 4 and published in the AspenTimes a weekly newspaper of general circulation, the City of Aspen, Colorado, in its issue of 1974, and was finally adopted and approved the City Council on .... September 23 published as Ordinance No. 45 of said City, as provided by law. IN WETNESS WKEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 24th day of September , 1974 S.EAL ~_~orrazne Graves, Czty Clerk