HomeMy WebLinkAboutordinance.council.045-85 Ordinance 85- .45._
(Series of i985)
AN ORDINANCE IMPOSING A 60 DAY MORATORIUM ON THE ACCEPTANCE
OR PROCESSING OF ANY APPLICATION OR PERMIT FOR THE INSTALLATION
OF A SOLID FUEL BURNING DEVICE IN ANY SINGLE FAMILY DWELLING, DUPLEX
UNIT CONTAINING MORE THAN 1,000 SQ. FT., HOTEL OR LODGE BUILDING,
RESTAURANT/BARw OR MULTIFAMILY BUILDING, IF SUCH BUILDING ALREADY
CONTAINS ONE OR MORE SOLID FUEL BURNING DEVICES
WHEREAS, Air Pollution continues to be a visibility and
potential health problem in the Aspen area, and
WHEREAS, Woodburning emissions contribute a significant
percentage of the fine particulate matter for which Aspen has
been named a Group II area with a significant potential for being
named a non-attainment area by the U.S. Environmental Protection
Agency there.by being forced to implement certain control measures,
and
WHEREAS, the U.S. Environmental Protection Agency (EPA)
National Air Ouality Trends Report has been presented to the
City Council indicating that Aspen's particulate levels are
higher than the particulate levels in more populated areas such
as New York City, Washington, D.C. and Boston, and that a substan-
tial portion of this high particulate level is due to emissions
from solid fuel burning devices, and
WHEREAS, clean-burning devices now available are an insuf-
ficient solution to this problem since they are not likely to be
operated in lodges in a manner to make them any cleaner than a
typical uncontrolled fireplace, and
WHEREAS, the City Council has determined that the existing
ordinances of the City of Aspen may be insufficient to address
the impacts and long-lasting negative effects on air quality; and
WHEREAS, the City Council deems it to be in the best interest
of the City of Aspen, its inhabitants and visitors, to delay the
acceptance, processing or issuance of any application for a permit
for more than one solid fuel burning device in any single family
dwelling, duplex unit containing over 1,000 sq. ft. or more of
internal heated floor area, hotel or lodge building, restaurant/bar,
or multifamily building; and
WHEREAS, any review or approval of a specific building
permit application would be inadequate unless and until a review
of existing ordinances and, if necessary, proposed amendments
thereto is completed; and
WHEREAS, the City Council has determined that more time is
necessary to evaluate these regulations in the City of Aspen in
order to avoid the risks and negative impacts which may result
therefrom, and, therefore, deems to be in the best interest of
the City, its inhabitants and visitors to impose a 60 day moratorium
as provided herein below,
NOW, THEREFORE, BE IT ORDAINED BY THE CIT~ COUNCIL OF THE
CITY OF ASPEN, (X)LORADO~
The City Council does hereby impose a moratorium for a
period of sixty days from the effective date of this ordinance on
the processing of any application or the issuance of a building
permit for any solid fuel burning devices in any single-family
dwelling, duplex unit containing more than 1,000 sq. ft., hotel
or lodge building, restaurant/bar, or multiplex building, if such
building already contains one or more solid fuel burning devices
or if such installation would result in the building containing
more than one solid fuel burning device. Applications and
permits for construction other than the installation of solid
fuel burning devices may be considered and issued, consistent
with the meaning and intent of this ordinance.
The City Manager is hereby directed to implement the aforesaid
moratorium throughout the administrative service, specifically the
Environmental Health and Building Departments, until such time as
this moratorium expires, is extended, or is lifted as hereinbelow
provided.
Section 3
This moratorium may be lifted by resolution of the City
Council, either generally or specifically, with respect to an
individual application upon a finding by the City Council that
the application presented is not within the spirit and intent of
this moratorium and that approval of the application will not
result in a negative impact.
Section 4
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional ina 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.
Section 5 ~
A public hearing on the ordinance shall be held on the
day of . ~, 1985, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED published as provided by law
of tJle~Ci~y Council of the City of Aspen on the .~ day of
~ , 1985.
William L. Stirling
ATTEST"
Kathryn~S~Koch,' City Clerk
FINALL~adgpted,,~ passed and approved this
day of ~ , 1985.
William L. Stirling
ATTEST"
~ City Clerk
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO CERTIFICATE
COUNTY OF PITKIN
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby
certify that the above and foregoing ordinance was introduced,
read in full, and passed on first reading at a regular meeting of
the City Council of the City of Aspen on ~,
1985, and published in the As~en Times, a weekly newspaper of
general circulation published in the City of Aspen,Colorado, in
its issue of 1985, and was finally
adopted and approved at a regular meeting of the City Council on
/-~ 1985, and ordered published as
Ordinance No. ~'---, Series of 1985, of said City as provided
by law.
IN WITNESS WHEREOF, I have hereunto set ~ hand and the seal
of said City of Aspen, Colorado this ...... /~ day of
,..~ 1985.
-.. , City Clerk
SEAL
Deputy City Clerk