HomeMy WebLinkAboutordinance.council.011-01 Ordinance # ii
(SERIES of 2001)
AN ORDINANCE OF THE ASPEN CITY COUNCIL
APPROVING AN AMENDMENT TO SECTION 26.510.040 (F), PROHIBITED
SIGNS, OBSOLETE SIGNS, OF THE ASPEN MUNICIPAL CODE
WHEREAS, the Historic Preservation Commission directed the Community
Development Director to apply for a Land Use Code amendment to change the date of
historic signs from January 1, 1945, to signs at least fifty (50) years old; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended forapproval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director reviewed the recommended
revisions as outlined herein and recommended approval; and,
WHEREAS, during a duly noticed public hearing on February 20, 2001, the
Planning and Zoning Commission recommended, by a six to zero (6-0) vote, the City
Council approve the amendments to Section 26.510.040(1;), Prohibited Signs, Obsolete
Signs, as proposed by the Community Development Depamuent.
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public
hearing; and,
WltEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is
necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council adopts amendments to Section 26.510~040(F), Prohibited Signs, Obsolete
Signs, of the Municipal Code, making said Section read as follows:
Obsolete Signs. A sign which identifies or advertises any activity, business, product,
service or special event no longer produced, conducted, performed or sold on the
premises upon which such sign is located. Such obsolete signs are hereby declared a
nuisance and shall be taken down by the owner, agent or person having the beneficial
use of such sign within ten (10) days after written notification from the Community
Development Director, and upon failure to comply with such notice within the time
specified in such order, the Community Development Director is hereby authorized
to cause removal of such sign, and any expense incident thereto shall be paid by the
owner of the property on which the sign was located. That an obsolete sign is
nonconforming shall not modify the requirements of this paragraph. Signs of
historical character shall not be subject to the provisions of this section. For the
purpose of this section, historical signs are defined to be those signs at least fifty (50)
years in age or older.
Section 2:
This Ordinance shall not effect 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 san~e 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 12~ day of March, 2001.
Attest:
Kathry''n S.~c~, (~ity Clerk Rachel
FINALLY, adopted, passed and approved this 26* day of March 2001.
Attest:
Approved as to form:
Jo'h~n W~rce-s~'City Attorney
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