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ORDINANCE NO. 23
(SERIES OF 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO THE SIX MONTH TEMPORARY MORATORIUM
ESTABLISHED BY ORDINANCE NO. 19 (SERIES 2006)
WHEREAS, the City Council passed Ordinance No. 19 (Series 2006) establishing a six month
temporary moratorium on the acceptance of any new land use application seeking a
development order and on the issuance of certain building permits for property located in the
Residential Multi-Family (RlMF), Residential Multi-Family (RlMFA), Commercial Core (CC),
Commercial (C-I), Service/Commercial/Industrial (S/C/I), Neighborhood Commercial (NC),
Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), and Lodge
Preservation Overlay (LP) zone district; and,
WHEREAS, as an effect of the moratorium, Staff has identified certain land use applications
and building permits applications that would not be permitted to be submitted; and,
WHEREAS, it is not the intent of the City Council to unnecessarily postpone certain projects
and special events.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1.
Exemptions from Moratorium
Land use applications exempt from the temporary moratorium, in addition to those stated in
Section 3 of Ordinance No. 19, Series 2006, shall be as follows:
· Temporary Use applications pursuant to S26.450 of the Aspen Municipal Code.
· Certificate of No Negative Effect pursuant to S 26.415.070 (B) of the Aspen Municipal
Code.
· Certificate of Appropriateness for a Minor Development pursuant to S 26.415.070 (C) of
the Aspen Municipal Code which does not increase the floor area of a structure.
· A land use application for designation of a building, district, site, structure, or object on
the Aspen Inventory of Historic Landmark Sites and Structures pursuant to S 26.415.030
(C) of the Aspen Municipal Code.
· Variance applications for Single-Family and Duplex development pursuant to S 26.314,
S 26.410.020 (D), and S 26.415.110 (B) of the Aspen Municipal Code.
Ordinance No. 23, Series 2006, Page I of 3
· A land use application that is limited to improving the accessibility of a building for
ADA compliance, but which may have the effect of increasing the allowable floor area of
a building by the minimum size required by the International Building Code for an
elevator or lift.
· Insubstantial PUD Amendments, which do not increase floor area or density.
Applications for building permits exempt from this temporary moratorium, in addition to those
stated in Section 3 of Ordinance No. 19, Series 2006, shall be as follows:
. Building permits for temporary uses.
· Building permits for special events that have been approved by the Special Events
Committee or City Council.
· Building permits that are limited to improving the accessibility of a building for ADA
compliance, which may have the effect of increasing the floor area of a building by the
minimum size required by the International Building Code for an elevator or lift.
Section 2:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
The City CIeri<: is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 4:
A public hearing on this ordinance shall be held on the 26th day of June 2006, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
[Signatures on following page]
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 12th day of June, 2006.
Attest:
Ordinance No. 23, Series 2006, Page 2 of 3
~~ )iiJiu-
~athryn och, City Clerk Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this?.b day o~ 2006
Attest:
Approved as to form:
.~/~~
Lefty Attorney
Ordinance No. 23, Series 2006, Page 3 of3