HomeMy WebLinkAboutordinance.council.015-08ORDINANCE NO. 15
(SERIES OF 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO APPROVING AN AMENDMENT TO THE TEMPORARY
MORATORIUM ESTABLISHED BY ORDINANCE NO.51, SERIES OF 2006
WHEREAS, on December 12, 2006, the City Council passed Ordinance No. 51,
Series of 2006, establishing a six month temporary moratorium on the acceptance of building
permit applications regulated by Section 105 of the International Building Code for any
property located in the Commercial Core (CC) District of the City of Aspen; and
WHEREAS, City Council extended the moratorium to December 12, 2007 pursuant
to Ordinance No. 26, Series of 2007; and extended the moratorium to June 12, 2008, pursuant
to Ordinance No. 46, Series of 2007; and extended the moratorium to December 12, 2008,
pursuant to Ordinance No. 10, Series of 2008; and,
WHEREAS, as an effect of the moratorium, certain building permit applications are
not permitted to be submitted; and
WHEREAS, there is substantial public interest in the preservation of the unique
historic nature and character of certain structures, including their interiors and current uses,
located within the commercial core district of the City of Aspen; and
WHEREAS, it is not the intent of the City Council to unnecessarily postpone
projects that comply with the stated intention of Ordinance 51, Series of 2006, therefore an
amendment is appropriate.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1. Exemptions from the moratorium
Section 2 of Ordinance No. 51, Series of 2006, is hereby amended by the addition of a new
exemption to read as follows:
"The Community Development Director shall exempt from the provisions
of this moratorium building permit applications that replace, in whole or in
part, basement restaurant uses with more than one retail space with no
single retail space exceeding 750 square feet, and continue to have a
restaurant use."
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of any action or proceeding now pending under or by virtue of the ordinances repealed or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.
Ordinance No. 15, Series of 2008.
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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 Clerk is directed, upon the adoption of this
ordinance, to record a copy of this ordinance in the offices of the Pitkin County Clerk and
Recorder.
Section 4•
A public hearing on this ordinance was held on the 27m day of May 2008, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the Rio Grande Meeting Room, 455 Rio
Grande Place, Aspen, Colorado, fifteen days prior to which hearing a public notice of the
same was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12m day of May, 2008.
~~ ~~-
Michael C. Ireland, May r
Attes . /~~~~
Kathryn S. K , CityJQ,lerk
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FINALLY, adopted, passed and approved this ~ day of 1~t , 2008.
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Michael C. Ireland, Mayor
Attes
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Kathryn S. Ko~ ity Clerk
Approved as to form:
G
J n orcester, City Attorney
Ordinance No. 15, Series of 2008.
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