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HomeMy WebLinkAboutordinance.council.009-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 9 (Series of 1973) AN ORDINANCE AMENDING SECTION 24-12 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN~ COLORADO, BY ADDING SUBSECTION (c) THERETO TEMPORARILY SUSPENDING THE ISSUANCE OF BUILDING PERMITS WHICH WOULD BE PROHIBITED BY A PENDING ZONING AMENDMENT FOR WHICH PROCEDURES TO AMEND THE TEXT OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE OR THE ASPEN ZONING DISTRICT MAP HAVE BEEN PROPERLY INITIATED BY THE CITY AND THE ASPEN PLANNING AND ZONING COMMISSION HAS ADOPTED A RECOMMEN- DATION TO THE ASPEN CITY COUNCIL ON SUCH PROPOSED AMENDMENT; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT. WHEREAS, the adoption of an amendment to the Aspen Zoning Code or the Aspen Zoning District Map is a complex and time- consuming process involving careful study of the need for and potential impact of such amendment, a series of public hearings, and other administrative and procedural requirements; and WHEREAS, where the proposed amendment would have the effect of prohibiting certain currently allowed building per- mits, it is not uncommon in this and other jurisdictions for one or more landowners in the affected area to hasten to apply for a building permit in such area which would be prohibited by the contemplated amendment; and WHEREAS, the Aspen Planning and Zoning Commission has studied this matter and has recommended that in order to permit the orderly and conscientious consideration of such proposed amendments and to preserve the physical character of the affected area of the community during the pendancy of such amendment proceedings, an ordinance be adopted temporarily suspending the issuance of building permits which would be prohibited under a proposed amendment in cases where amend- ment procedures have been properly initated by the City and said Planning and Zoning Commission has adopted a recommendation to the City Council on such proposed amendment; and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the Aspen City Council concurs with the recom- mendations of the Planning and Zoning Commission, and believes that such an ordinance will significantly enhance the H~alth, safety and general welfare of the Aspen community, and WHEREAS, the Municipal Charter of the City of Aspen provides in Section 4.11 thereof for emergency procedures for the adoption of ordinances when circumstances require and that the City Council finds such an emergency exists; NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Purpose. The purpose of this Ordinance is to promote the health, safety, order, convenience, prosperity and general welfare of the present and future inhabitants of the City of Aspen, Colorado, by fostering the coordinate, efficient, economic and harmonious planning and development of the municipality, form an adequate and efficient system of trans- portation, preventing the congestion of streets, providing adequate light, air and space, insuring a healthful and convenient distribution of population, providing for adequate utilities and public improvements, and promoting the wise and efficient expenditure of public funds. Section 2. Section 24-12 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of subsection (c) thereto, which new subsection (c) shall read as follows: "(c) TEMPORARY SUSPENSION OF BUILDING PERMITS PENDING AMENDMENTS: WHERE THE PLANNING AND ZONING COMMISSION, THE HISTORIC PRESERVATION COMMITTEE OR THE CITY COUNCIL HAS PRO- PERLY INITIATED PROCEEDINGS TO AMEND THE TEXT OF THIS CHAPTER RECORD OF PROCEEDINGS 100 Leaves 24 OR THE 'ZONING DISTRICT MAP' PURSUANT TO THE PROCEDURES SET FORTH IN SUBSECTION (a) OF SECTION 24-11 HEREOF~ AND THE PLANNING AND ZONING COMMISSION HAS ADOPTED A RECOMMENDATION TO THE CITY COUNCIL ON SUCH PROPOSED AMENDMENT, NO BUILDING PERMITS SHALL BE ISSUED BY THE CITY BUILDING INSPECTOR WHICH WOULD BE PRO- HIBITED BY THE PROPOSED AMENDMENT FOR A PERIOD OF THE ONE (1) YEAR FOLLOWING THE DATE OF SUCH PLANNING COMMISSION RECOMMEN- DATION IN THE CASE OF PROPOSED AMENDMENTS TO THE 'ZONING DISTRICT MAP' OR OF A PROPOSED REVISION OF ALL OR A SUBSTANTIAL PORTION OF THE TEXT OF THIS CHAPTER 24, OR FOR A PERIOD OF SIX (6) MONTHS FOLLOWING THE DATE OF SUCH RECOMMENDATION IN THE CASE OF ALL OTHER PROPOSED AMENDMENTS; PROVIDED THAT 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 PERTI- NENT TIME PERIOD SPECIFIED ABOVE, ALL SUCH BUILDING PERMITS APPLIED FOR DURING SUCH PERIOD WHICH OTHERWISE CONFORM TO THE EXISTING ZONING REGULATIONS SHALL ISSUE." Section 3. By reason of the fact that this ordinance establishes procedures to prevent the defeat of the purposes ofiproposed amendments to Chapter 24 and the Zoning District Map, and that the procedures will become effective only on enactment of this ordinance, and that recommendations made during the period of enactment are subject to defeat by the many permit applications made during this time of year, it is hereby declared that an emergency exists and that this Ordinance is necessary to the immediate preservation of the public property, health, peace and safety, and that it shall be in full force and effect upon final passage, and be published within ten (10) days after final passage, or as soon thereafter as possible. RECORD OF PROCEEDINGS 100 Leaves Section 4. 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen, Colorado on the../_~ day of..3.~,~,~._ , 1973. /- , ATTEST: City Clerk Mayo/ of FINALLY ADOPTED, PASSED AND APPROVED this /7~'~5'--v' ,--- , 1973. ATTEST: . .t._~ ,~.~,~ ~ Clt~ Cl'e'rk; - ' cz~// _ day Ordinance STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on May 14 , 197 x~x~eR~x~a~x~mx~mx~mmm~x~fxxxxxxxxxxxxxx~x~Vx__x~x special ___s~_ was finally adopted and approved at a ~ meeting of the City Council on May 21 published as Ordinance No..... said City, as provided by law. , 1973, and ordered , Series of 1973_, of IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this -, 2~tk day of ~y , 197.3-.