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Home My WebLink Aboutordinance.council.003-72RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 3 (Series of 1972) AN ORDINANCE AMENDING SUBSECTION (A) OF SECTION 7, CHAPTER 24, C-1 COMMERCIAL, SUBSECTION (B) OF SECTION 7, CHAPTER 24, C-C COMMERCIAL CORE, AND SUBSECTION (C) OF SECTION 7, CHAPTER 24, C-2 COMMERCIAL OF THE MUNICIPAL CODE OF THE CITY OF ASPEN; ADDING USE SQUARE FOOTAGE LIMITATIONS ON ALL RETAIL AND COMMERCIAL ESTABLISHMENTS IN THE COMMERCIAL ZONE DISTRICTS OF THE CITY; DELETING AUTOMOBILE ACCESSORY STORES AND PAWN SHOPS FROM PERMITTED USE~ IN C-1 COMMERCIAL AND C-C COMMERCIAL CORE ZONE DISTRICTS, ~T~T~ .... TA~,, CCNDIT-IO~L~L A~ o~ou~m I-NTHE C~-COMMERCIAL--Z~NE DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Subsection (a) of Section 7, Chapter 24 (C-1 Commercial) is hereby amended by adding the following Use Square Footage Limitation: "Use Square Footage Limitation" 10. Ail permitted and conditional commercial and retail business be restricted to a maximum gross floor area of 12,000 square feet excluding any basement area used exclusively for storage purposes or underground parking area except that: a. Those uses listed in Paragraph 11 below of this Subsection (a) shall be limited to 3,000 square feet; b. Public transportation facilities, city or county buildings and all uses of AR-1 Accommodation/Recreation District permitted under Paragraph 24-7(a) 1 shall not have a use square footage limitation. 11. The following retail or retail discount business establishments shall be restricted to a maximum gross floor area of 3,000 square feet, excluding any basement area used exclusively for storage purposes or for underground parking: antique shop, art supply shop, bakery, bookstore, camera shop, candy, tobacco or cigarette store, catalog store, drug store, florist shop, gift shop, hobby shop, jewelry shop, key shop, liquor store, pet shop, photography shop and stationery store. RECORD OF PROCEEDINGS 100 Leaves 12. Any businesses mentioned in Paragraph 11 above of this Subsection (a) of the same use type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land or contiguous tracts of land shall be restricted to 3,000 square feet. 13. Ail the above square footage limitations on use shall not restrict the square footage of the total retail sales area of the commercial zone districts or of buildings occupied by any combination of more than one of the above uses." Section 2. Paragraph 2 of Uses-Permitted in Subsection (a) of Section 7, Chapter 24 (C-1 Commercial) is hereby amended by deleting automobile accessory store as follows: "Uses Permitted 2. Retail commercial establishments limited to the following and similar uses: antique shop, applicance store, art supply store, art gallery, bakery, 'bookstore, camera shop, candy, tobacco or cigarette store, catalog store, clothing store, decorator shop, department store, drug store, florist shop, food market, furniture store, gift shop, hardware store, hobby shop, jewelry shop, job printing shop, key shop, liquor store, pet shop, paint and wallpaper store, photography shop, sporting goods store, stationery store, variety store." Section 3. Subsection (b) of Section 7, Chapter 24 (C-C Commercial Core) is hereby amended by adding the following Use Square Footage Limitations: "Use Square Footage Limitations 17. Ail permitted and conditional dommercial and retail business uses shall be restricted to a maximum gross floor area of 12,000 square feet excluding any basement area used exclusively for storage purposes or underground parking area except that: a. Those uses listed in Paragraph 18 below of this Subsection (b) shall be limited to 3,000 square feet; b. Public transportation facilities, City or County buildings shall not have a use square footage limitation. -2- RECORD OF PROCEEDINGS 100 Leaves 18. The following retail or retail discount business establishments shall be restricted to a maximum gross floor area of 3,000 square feet, excluding any basement area used exclusively for storage purposes or for underground parking: antique shops, art supply shop, bakery, bookstore, camera shop, candy, tobacco or cigarette store, catalog store, drug store, florist shop, gift shop, hobby shop, jewelry shop, key shop, liquor store, pet shop, photography shop and stationery store. 19. Any businesses mentioned in Paragraph 18 above of this Subsection (b) of the same use type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land or contiguous tracts of land shall be restricted to 3,000 square feet. 20. Ail the above square footage limitations on use shall not restrict the square footage of the total retail sales area of the commercial zone districts or the buildings occupied by any combination of more than one of the above uses." ~ection 4. Paragraph 4 of Uses-Permitted in Subsection (b), of Section 7, Chapter 24 (C-C Commercial Core is hereby amended by deleting automobile accessory stores from the permitted uses as follows: "Uses Permitted 4. Retail commercial establishments limited to the following and similar uses: antique shop, appliance store, art supply shop, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, florist shop, food market, furniture store, gift shop, hardware store, hobby shop, jewelry shop, job prin~ing shop, key shop, liquor store, pet shop, paint and wallpaper store, photography shop, sporting goods store, stationery store, variety store." Section 5. Subsection (c) of Section 7, Chapter 24 (C-2 Commercial) is hereby amended by adding the following Use Square Footage Limitations: -3- RECORD OF PROCEEDINGS 100 Leaves "Use Square Footage Limitations 6. Ail permitted and conditional commercial and retail business uses shall be restricted to a maximum gross floor area of 12,000 square feet excluding any basement area used exclusively for storage purposes or underground parking area except that: a. Those uses of this Subsection square feet; listed in Paragraph 7 below (c) shall be limited to 3,000 b. Public transportation facilities, city or county buildings, warehouses and all uses of the AR-1 Accommodation/Recreation District per- mitted under Paragraph 24~7(c) 1 shall not have a square footage limitation. 7. The following retail or retail discount business establishments shall be restricted to a maximum gross floor area of 3,000 square feet, excluding any basement area used exclusively for storage purposes or for underground parking: antique shop, art supply shop, bakery, bookstore, camera shop, candy, tobacco or cigarette store, catalog store, drug store, florist shop, gift shop, hobby shop, jewelry shop, key shop, liquor store, pet shop, photograph shop and stationery store. 8. Any businesses mentioned in Paragraph 7 above of this Subsection (c) of the same use type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land or contiguous tracts of land shall be restricted to 3,000 square feet. 9. Ail the above square footage limitations on use shall not restrict the square footage of the total retail sales area of the commercial zone districts or of buildings occupied by any combination of more than one of the above uses." -4- RECORD OF PROCEEDINGS ~).~. ~/ ,..~/?.2-')100 Leaves "Uses - Permitted Any permitted use of the AR-1 Accommodat Recreati~ ~istrict, except patio houses, and of the Commercial strict; subject to all use, use square age ti~ s, open space, lot area and yard tee ments of districts' regulations unless othe specified lng and similar goods, printing establishments and stations, transport and cabinet, ~ ited industrial uses includ the follow- es: manufacture and re publishing plants, dry [ry cleaning and :ion depots, shop and electrical material is stored a building traffic hazard, noise fumes, vibration, glare or industrial was will be created thereby.~ 3. Recreation Rd en \ '~ses Conditional\ of sporting g pick up industry, where all no unusual , smoke, vapor, ~osal problem ~ establishments.:!,' 4. The followin uses are subject to approval of the Board ustment: automobile washing facilities, gasoline se~ ~tions, warehousing and storage where all mates is .red within a building, and any.limited industrial use ~ted under Paragraph 2 of permitted uses ab?~e which may~reate unusual traffic hazards, noise, dus~f, fumes, odors~ smoke, vapor, vibration, glare or industri~ waste disposal ~oblems subject to approval of Boar~?of Adjustment provided the following limitations are~laced on all such users: /~ a. Ail uses - Conditional approval by B~rd of Adjustment shall be ~perated within ~n enclosed structure. b ' · .Nozs~, dust, fumes, odOrs, smoke, vapor, vzbratlon, glare ?r waste~ha~l be fined to the lot upon w~zch the u~ ~s permztted. c. Outdoor storage, equipment~nd refuse a~eas shall be concealed from view o~abuttz~g r~ghts-of-way and ajo~ning residentia~ distrzcts. For the purpose of thzs zoned distric~gasoline service stations shall not include bod~renair major mechanical repairs and engine re~l~ingI and rental and sale of vehicles and trai~rs." =5- RECORD OF PROCEEDINGS 100 Leaves Section 7. section (c) in Section 7, Chapter 24, Uses - Not Permitted in Subsection (c) Section 8. A public at Council Chambers, City Hall Building, Aspen, Colorado. Section 9. Paragraph 7 under Uses-Not Permitted in Sub- becomes Paragraph 5 under in Section 7, Chapter 24, hearing on the ordinance shall be held in the City If any provision of this ordinance or the application thereof to any person or circumstances is held in- valid, such invalidity shall not affect other pr6visions or applications of the ordinance which can be given effect without the invalid provisions or application, and to this end the provisions 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 on the zx~ day of /~7'7~<~__~.~ , 1972. ~ - MAY-OR ATTEST: CITY CLERK RECORD OF PROCEEDINGS 1 O0 Leaves FINALLY ADOPTED, PASSED AND APPROVE this c~v7 day of ATTEST: CITY CLERK ed in ation, ~ubllshed in the City of Ashen issue of March 15 , ~ 2 1~7__~ STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) ~. ~t, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and forefoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Asoen on March 13 ,1772 , and nublish- Today the Aspen ~5, a weekly news~aoer of Feneral ci~'cul- Colorado, in its and was finally adopted and aporo~e~ at a regular meeting Council on March 27 as Ordinance No. 3 orovided by law. IN WITNESS WHEREOF, the seal day of of the City ,1972,and ordered published , Series of 1~72, of said City, as I have hereunto set my hand and of said City o~ Ashen, Colorado, this 27th March _~ 1 ~)7_~2. SEAL