HomeMy WebLinkAboutordinance.council.006-89 ORDINANCE NO.
(Series of 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING TECHNICAL
CORRECTIONS TO THE ASPEN LAND USE REGULATIONS
WHEREAS, the Aspen Land Use Regulations were adopted on
April 25, 1988 and became effective on Hay 25, 1988; and
WHEREAS, during the process of their adoption, the Planning
Office stated that six months subsequent to the date of
adoption, a code correction process would be initiated to address
any problems or new issues which had arisen since the new Code
was put into effect; and
WHEREAS, the Aspen Planning and Zoning Commission
(hereinafter "Commission") held a duly noticed public hearing on
January 3, January 31, and February 7, 1989 to consider
corrections to the Aspen Land Use Regulations; and
WHEREAS, the Commission adopted Resolution 83-9,
recommending that the Aspen City Council (hereinafter, "the
Council") adopt technical and substantive corrections to the
Aspen Land Use Regulations; and
WHEREAS, the Council wishes to accept the recommendations of
the Commission in the form of two Ordinances, this Ordinance No.
~ , which adopts technical corrections to the Aspen Land Use
Regulations and Ordinance No. ~ , which adopts substantive
corrections and policy changes to the Aspen Land Use Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
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Section 1
That Article 3, Definitions, Section 3-101, Definitions as used
in this Chapter, of the Municipal Code of the City of Aspen,
Colorado, is hereby amended, in part, to include the following
definitions or changes in definitions to read as follows:
"ARCHITECTURAL PROJECTION means a non-functional or
ornamental feature on a building.
BASE FLOOD means a flood having a one (1) per cent chance of
being equaled or exceeded in any given year, also known as
the One Hundred (100) Year Flood.
BEDROOM means that portion of a dwelling unit intended to be
used for sleeping purposes, which may contain closets, may
have access to a bathroom and which meets Uniform Building
Code requirements for light and ventilation.
BREEZEWAY means a covered walkway which connects portions of
the same structure. A breezeway shall not be allowed, used,
or designed to separate dwelling units or to create two (2)
or more independent dwelling units from a single dwelling
unit.
FLOODWAY means the channel of a river or other water course
or the adjacent land areas that must be reserved in order to
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discharge the base flood without increasing the water
surface elevation.
FLOOR AREA means the sum of the gross horizontal areas of
each story of the building measured from the exterior walls,
or from the center line of the party walls, including the
floor area of accessory uses and of accessory buildings and
structures.
In measuring floor areas for floor area ratio and allowable
floor area, the following applies:
(F) Planned Unit Development. For Planned Unit
Development (PUD) applications where land is held
as co--on open space, the allowable floor area
shall be calculated dividing the lot area by the
total number of lots existing and proposed for
development to determine the land area for each
lot in the Planned Unit Development (PUD), which
shall be the area used to determine the amount of
floor area of each dwelling unit in the Planned
Unit Development (PUD). The total floor area
allowed for the Planned Unit Development (PUD)
shall be the cumulative total of the floor areas
for each lot in the Planned Unit Development
(PUD).
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-- FLOOR AREA RATIO means the total floor area of the building
or buildings on a lot divided by the lot area.
~EIG~{T means the maximum possible distance measured adjacent
to the building at right angles from the natural undisturbed
ground slope and natural grade to the highest possible point
of a structure.
A. Exceptions to maximum height limits, generally.
The height of a building shall be the maximum
possible distance measured at right angles from
the natural undisturbed ground slope and natural
grade to the top of a flat or mansard roof, or to
the mean height between the eaves and ridge of a
gable, hip, gambrel or similar pitched roof. The
ridge of a gable, hip, gambrel or similar pitched
roof shall not extend over five (5') feet above
the specified maximum height limit. Antennas,
chimneys, flues, vents or similar structures shall
not extend over ten (10') feet above the
specified maximum height limit. Water towers and
mechanical equipment shall not extend over five
(5') feet above the specified maximum height
limit. Church spires, bell towers and like
architectural projections, as well as flag poles,
may extend over the specified maximum height
limit.
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HIGH WATER LINE means the place on the bank of the stream up
to which the presence and action of water are so usual and
long conditioned as to impress on the bed of the stream a
character distinct from that of the banks with respect to
vegetation and the nature of the soil. The high-water line
is the boundary line between the bed and the bank of the
stream.
LOT AREA means the total horizontal area within the lot
lines of a lot. When calculating floor area ratio, lot area
shall exclude that area beneath the high water line of a
body of water and that area within an existing dedicated
right-of-way or surface easement, but shall include any
lands dedicated to the City of Aspen for the public trail
system or any lands subject to an above or below surface
easement. When calculating density, lot area shall have the
same exclusions and inclusions as for calculating floor area
ratio, but shall also exclude any lands subject to slope
density reduction, pursuant to Sec.7-903 B.2.b.
NET TmASABLE COMMERCIAL AND OFFICE SPACE means those areas
within a commercial or office building which are or which
are designed to be leased to a tenant and occupied for
commercial or office purposes, exclusive of any area
dedicated to bathrooms, stairways, circulation corridors,
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mechanical areas and storage areas used solely by tenants
on the site.
SPECIAL FLOOD HAZARD AREA means the land in the flood plain
subject to inundation by the base flood, also known as the
One Hundred (100) Year Floodplain, as identified by the
"Flood Insurance Study for the City of Aspen" dated December
4, 1985, and kept on file in the office of the City
Engineer.
WATER COURSE means any river or stream located in the City
of Aspen, including, but not limited to, the Roaring Fork
River and its tributary streams.
YARD means an open space which is not wholly or partially
enclosed by buildings, not in an alley or street, unoccupied
and unobstructed from the ground skyward, except as
otherwise provided in this chapter, provided it meets the
following requirements:
A. Projections into required yards. Yards shall be
unobstructed from the ground to the sky except for
the following allowed projections:
1. Building eaves - eighteen (18") inches;
2. Architectural projections - twelve (12") inches;
3. Individual balconies not utilized as a passageway
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(provided they do not project more than one-third
(1/3) the distance from the exterior wall to the
property line) - four (4') feet;
4. Fire escapes required by the Uniform Building Code-
four (4') feet;
5. Uncovered porches, slabs, patios, walks and steps,
which do not exceed thirty inches (30") above or
below natural grade shall be permitted to project
into the yard without restriction. Projections
may exceed 30" below grade if determined to be
required by the Chief Building Official for window
egress;
6. Fences, hedges and walls less than six (6') feet in
height - no restriction on location.
Section 2.
That Article 3, Definitions, Section 3-101, Definitions as used
in this Chapter, of the Municipal Code of the City of Aspen,
Colorado, is hereby amended by the deletion of the following
definition:
"AREA, GROSS means the total area of a site less any
dedicated rights of way and surface easements".
Section 3.
That Article 4, Section 4-406, Meetinqs, hearinqs and procedure,
of the Municipal Code of the City of Aspen, Colorado, is hereby
amended to read as follows:
- "Sec. 4-406. Meetings, hearings and procedure.
A. Regular meetings of the HPC shall be held on the
second and fourth Wednesday of each month.
Special meetings may be called by the Chairman or
a majority of members.
B. Ail meetings and hearings of the HPC shall be open
to the public.
C. Public hearings shall be set for a date and time
certain."
Section 4.
That Article 5, ZONE DISTRICTS., Sec. 5-101 General Purpose.;
Sec. 5-202 Moderate-Density Residential (R-15).; Sec. 5-203
Moderate-Density Residential (R-15A).; Sec. 5-204 Moderate-
Density Residential (R-15B).; Sec. 5-205 Low-Density Residential
(R-30).; Sec. 5-213 Office (0). ; Sec. 5-220 Public (Pub).; Sec.
5-502 Zoninq of vacated areas.; Sec. 5-606 Affordable
Housing/Historic Landmark of the Municipal Code of the City of
Aspen, Colorado, are hereby amended to read as follows:
"DIVISION 1: GENERAL.
Sec. 5-101. General purpose.
In order to ensure that all development is consistent with
the goals and objectives of the Aspen Area Comprehensive
Plan and this chapter of the Municipal Code, it is necessary
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and proper to establish a series of Zone Districts to ensure
that each permitted and conditional use is compatible with
surrounding land uses, is served by adequate public
facilities, and is consistent with the environmental
sensitivity of the City and its surrounding area's natural
resources. Each Zone District has its own purpose and es-
tablishes use regulations, density regulations, dimensional
regulations, site improvement regulations, off-street
parking and loading regulations, adequate facility
regulations, landscaping regulations, sign regulations,
environmental regulations, and drainage regulations that
control the use of land in each Zone District. All
development within each Zone District shall be consistent
with the purposes stated for that Zone District in Art. 5,
Div. 2. Any use which is not specifically listed in this
Article as a permitted or conditional use in a zone district
shall be considered prohibited, unless otherwise
interpreted by the Planning Director pursuant to Art. 11.";
"Sec. 5-202(D)(4) Moderate-Density Residential (R-15).
4. Minimum front yard (ft.):
residential dwellings: 25
accessory buildings and all other
buildings: 30.";
"Sec. 5-203(D)(4) Moderate-Density Residential (R-15A).
4. Minimum front yard (ft.):
residential dwellings: 25
accessory buildings and all other
buildings: 30.";
"Sec. 5-204(D)(6) Moderate-Density Residential (R-15B).
6. Minimum rear yard (ft.):
residential dwellings and all non-accessory
buildings: 10
accessory buildings: 5.";
"Sec. 5-205(D)(4). Low-Density Residential (R-30).
4. Minimum front yard (ft.):
residential dwellings: 25
accessory buildings and all other
buildings: 30.";
"Sec. 5-213(E)(3). Office (0).
E. Off-Street parking requirement. The following
off-street parking spaces shall be provided for
each use in the Office (0) Zone District, subject
to the provisions of Art. 5, Div. 3.
3. All other uses: 3 spaces/i,000 sq. ft. of net
leasable area; fewer spaces may be provided via a
payment in lieu pursuant to Art. 7, Div. 4, but
no fewer than 1.5 spaces per 1,000 square feet of
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net leasable area shall be provided on-site.";
"Sec. 5-220(C)(2). Public (Pub).
C. Conditional uses. The following uses are
permitted as conditional uses in the Public
(Pub) Zone District, subject to the standards
and procedures established in Art. 7, Div. 3.
2. Affordable housing; and";
"Sec. 5-220 (E)(2). Public (Pub).
E. Off-street parkinq requirement. The
following off-street parking spaces shall be
provided for each use in the Public (PUB)
Zone District, subject to the provisions of
Art.5, Div.3
2. Residential Uses: Requires Special
Review pursuant to Art. 7, Div. 4.
"Sec. 5-502. Zoninq of vacated areas.
Whenever any street, alley or other public way within the
City of Aspen is vacated by the City Council, the land on which
the street, alley, or public way is located shall become a part
of the Zone District of the lands adjoining such street, alley or
public way. Those lands shall then become subject to the
regulations that apply to that Zone District. In determining
land available for development, however, vacated lands shall be
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excluded from the calculation of allowable floor area, density or
required open space."
"Sec. 5-606. Affordable Housing/Historic Landmark.
Whenever the City Council shall have
determined that any part of a proposed
development constitutes an affordable housing
development and wishes to subsidize its
construction, the City Council may exempt
that part of the development from the
application of the Park Development Impact
Fee, or reduce by any amount the fees imposed
by this section. City Council may also
exempt any Historic Landmark from the
application of the Park Development Impact
Fee, or reduce by any amount the fees imposed
by this section.";
Section 5.
That Article 5, ZONE DISTRICTS, Sec. 5-303, table with respect to
the Office (0) and Public (PUB) Zone Districts of the Municipal
Code of the City of Aspen, Colorado, is hereby amended, as
attached hereto and incorporated herein as "Exhibit "A".
Section 6.
That Article 5, ZONE DISTRICTS, Section 5-503 Required reductions
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in density (slope, land under water, etc.), of the Municipal Code
of the City of Aspen, Colorado, is hereby deleted.
Section 7.
That Article 5, ZONE DISTRICTS, Section 5-507 Historic landmark
desiqnations, of the Municipal Code of the City of Aspen,
Colorado, is hereby deleted.
Section 8.
That Article 6, Sec. 6-202(B)(5)&(D) Application and fees; Sec.
6-206(C)(2)(a) Certificate of Compliance and Building Permit
Issuance; Sec. 6-207(E)(1) Vested Property Rights; Sec. 6-207(F)
Non-Vested Development; of the Municipal Code of the City of
Aspen, Colorado, are hereby amended to read as follows:
"Sec. 6-202(B)(5). Application and fees.
5. A written description of the proposal and an
explanation in written, graphic or model form of
how the proposed development complies with the
review standards relevant to the Development
Application.";
"Sec. 6-202(D). Application and fees.
D. Copyrighted Materials. The City of Aspen will not
accept for development application or recordation
purposes any materials to which copyright
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applications have been made unless the applicant
shall waive all claims and indemnify the City.
Any person submitting a development application
shall consent that any document submitted to the
City of Aspen as part of a development application
may be utilized by the City in any manner deemed
necessary, including, but not limited to,
recording at the Pitkin County Clerk and Recorder,
to preserve the representations made during the
development review process.";
"Sec. 6-206(C)(2)(a) Certificate of Compliance and Building
Permit Issuance
a. Submission to Chief Building Official. An
Application for Building Permit shall be submitted to
the Chief Building Official. Attached to the
application shall be an improvements survey performed
within one (1) year of the date of application which
the applicant shall certify represents current site
conditions and a topographic survey for the property
certified by a registered land surveyor.";
"Sec. 6-207(E)(1) Vested Property Rights
E. Requirements of Ordinance or Resolution. Any
ordinance or resolution approving a site
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specific development plan, shall, but not by
way of limitation, include the following
provisions, unless expressly exempted by the
approving body:
1. The rights granted by this site specific
development plan shall remain vested for a
period of three (3) years from the effective
date hereof. However, any failure to abide
by any of the terms and conditions attendant
to this approval shall result in the
forfeiture of said vested property rights.
Failure to properly record all plats and
agreements required to be recorded by this
Code shall also result in the forfeiture of
said vested property rights.";
"Sec. 6-207(F) Non-Vested Development
F. Non-Vested Development. Any development
receiving site specific development plan
approval which does not establish a vested
property right nor obtain a building permit
shall have its approval expire eighteen (18)
months subsequent to the date of site
specific development plan approval.";
Section 9.
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That ARTICLE 7. DEVELOPMENT REVIEW STANDARDS, Sec. 7-404 (B) (2),
Off-street parking requirements. ; Sec. 7-504 (B) (5)&(C). Stream
margin review.; Sec. 7-507 (C) (2) (a) & (d) Application.; Sec. 7-
601(E) (3) (b) Minor Development.; Sec. 7-601(F) (2) (e) Significant
Development.; Sec. 7-601(F) (4) (a) (2) Significant Development;
Sec. 7-704(C). Application.; Sec. 7-710. Development approval for
historic landmark.; Sec. 7-903 (C) (2) (a) (6) .Planned Unit
Development approval; Sec. 7-903 (C) (2) (a) (10) Planned Unit
Development approval; Sec. 7-906 Recordation; Sec. 7-1008 (A) (1)
(b) (2) Condominiumization; Sec. 7-1008 (A) (1) (c) (2) .
Condominiumization; of the Municipal Code of the City of Aspen,
Colorado, are hereby amended to read as follows:
"Sec. 7-404 (B) (2) , Off-street parking requirements.
2. In all other zone districts where the off street
parking requirements are subject to establishment
or reduction by special review, the applicant
shall demonstrate that the parking needs of the
residents, guests and employees of the project
have been met, taking into account potential uses
of the parcel, its proximity to mass transit
routes and the downtown area, and any special
services, such as vans, provided for residents,
guests and employees."
"Sec. 7-504 (B) (5) & (C) Stream margin review.
5. The development is located completely outside
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of the Special Flood Hazard Area and more
than one hundred feet (100') measured
horizontally, from the high water line of the
Roaring Fork River and its tributary streams
or the expansion, remodeling or
reconstruction will cause no increase to the
amount of ground coverage of structures
within the Special Flood Hazard Area.
C. Stream marqin review standards. No development
shall be permitted within the floodway, with the
exception of bridges or structures for irrigation,
drainage, flood control or water diversion, which
may be permitted by the City Engineer, provided
plans and specifications are provided
demonstrating the structure is engineered to
prevent blockage of drainage channels during peak
flows and the Commission determines the proposed
structure complies, to the extent practical, with
all the standards set forth below.
No development shall be permitted within one
hundred feet (100'), measured horizontally, from
the high water line of the Roaring Fork River and
its tributary streams, or within the Special Flood
Hazard Area where it extends beyond one hundred
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feet (100') from the high water line of the
Roaring Fork River and its tributary streams,
unless the Commission makes a determination that
the proposed development complies with all the
standards set forth below.
1. It can be demonstrated that any proposed
development which is in the Special Flood
Hazard Area will not increase the base flood
elevation on the parcel proposed for
development. This shall be demonstrated by
an engineering study prepared by a
professional engineer registered to practice
in the State of Colorado which shows that the
base flood elevation will not be raised,
including, but not limited to, proposing
mitigation techniques on or off-site which
compensate for any base flood elevation
increase caused by the development";
"Sec. 7-507(C)(2)(a)&(d) Application.
a. The 100-year floodplain line and the high water
line.;
d. A description of proposed construction techniques
to be used.";
"Sec. 7-601(E)(3)(b) Minor Development." is hereby deleted;
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"Sec. 7-601(F) (2)(e) Significant Development.
e. The development of the site of an Historic
Landmark which has received approval for demoli-
tion, partial demolition or relocation when a
development plan has been required by the HPC
pursuant to Section 7-602(B).";
"Sec. 7-601(F)(4)(a)(2) Significant Development" is hereby
deleted;
"Sec. 7-704(C) Application.
C. If the applicant intends to request a grant from
City Council, a letter making the request shall be
submitted, provided the structure meets the
eligibility criteria for a landmark designation
grant and provided the program has been funded in
the annual City of Aspen budget.";
"Sec. 7-710 Development approval for historic landmark.
Whenever development approval is conditioned upon a
structure receiving historic landmark designation, such
condition shall be deemed satisfied only if the
particular structure has received individual
designation pursuant to Art. 7, Div. 6; inclusion of
the structure within an historic overlay district shall
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not be sufficient to satisfy the requirement of
historic designation. No final development approval
conditioned upon receipt of historic landmark
designation shall be granted until the designation
ordinance is adopted by City Council.";
"Sec. 7-903(C)(2)(a)(6) Planned Unit Development approval.
(6) A statement of the reasonable conformance of the
Final Development Plan with the approval granted
to the Conceptual Development Plan.";
"Sec. 7-903(C)(2)(a)(10). Planned Unit Development approval.
(10) A topographic map prepared by a registered land
surveyor, registered landscape architect or
register engineer identifying the areas on the
parcel proposed for development where slopes
are: ";
"Sec. 7-906. Recordation.
The Final Development Plan, which shall consist,
as applicable, of final drawings depicting the
site plan, landscape plan, utility plan and
building elevations, and Planned Unit Development
(PUD) agreement shall be recorded in the office of
the Pitkin County Clerk and Recorder, and shall be
binding upon the property owners subject to the
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development order, their successors and assigns,
and shall constitute the development regulations
for the property. Development of the property
shall be limited to the uses, density, configura-
tion, and all other elements and conditions set
forth on the Final Development Plan and PUD
agreement. Failure on the part of the applicant
to record the Final Development Plan and PUD
agreement within a period of one hundred and
eighty (180) days following its approval by City
Council shall render the plan invalid. Recon-
sideration of the Final Development Plan and PUD
agreement by the Commission and City Council will
be required before its acceptance and record-
ing.'';
"Sec. 7-1008(A)(1)(b)(2) Condominiumization.
(2) Residential dwelling units in the Rural Residen-
tial (RR), Commercial (C-i) and Office (O) zone
districts shall be restricted to six (6) month
minimum leases, with no more than two (2) shorter
tenancies per year, unless the applicant shall
demonstrate that:";
"Sec. 7-1008(A)(1)(c)(2). Condominiumization.
(2) Applicability. The Affordable Housing Impact Fee
21
shall be applied to the condominiumization of
existing residential units. The Affordable
Housing Impact Fee shall also apply to the
condominiumization of new residential units,
unless the project shall have already provided
affordable housing pursuant to Sec. 8-106 (E) (5),
in which case the project shall be exempt from the
impact fee. The Affordable Housing Impact Fee
shall not apply to the condominiumization of any
unit which is already restricted to the affordable
housing guidelines of the City's housing designee.
An applicant may request waiver of the Affordable
Housing Impact Fee by demonstrating that the
condominiumized unit will remain available to
employees of the community. Demonstration shall
be in the form of a restriction placed on the
unit that the unit will only be used as a
resident occupied unit, that any rental or sale of
the unit shall be reviewed by the City's housing
designee to monitor compliance with this restrict-
ion, and that the unit will be limited to six (6)
month minimum leases, with no more than two
shorter tenancies per year.
Should the owner of a unit which has been
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restricted as a resident occupied unit wish to
convert it back to a free market unit, this may be
accomplished by requesting that the City Council
accept the then current applicable Affordable
Housing Impact Fee in place of the permanent
restriction on the unit.";
Section 10.
That ARTICLE 8. GROWTH MANAGEMENT QUOTA SYSTEM (GMQS), Sec. 8-104
(A)(1)(c) Exemptions; Sec. 8-104(C)(1)(a) Exemptions; Sec.
8-105(F) Rules of General Applicability; of the Municipal Code
of the City of Aspen, Colorado, are hereby amended to read as
follows:
"Sec. 8-104 (A) (1) (c) Exemptions.
c. Detached single family or duplex dwelling unit.
The construction of one (1) or two (2) detached
residential units or a duplex dwelling on a
vacant lot which was subdivided or was a legally
described parcel prior to November 14, 1977, which
complies with the provisions of Sec. 7-1004(A) (5).
This exemption shall not be applied to any lot for
which any other development allotment is currently
being sought or is approved.";
"Sec. $-104(C) (1) (a) Exemptions
a. Lot Split. The development of one (1)
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detached residential dwelling on a vacant
lot formed by a lot split granted subsequent
to November 14, 1977 pursuant to Section 7-
1003(a) (2). In order to be eligible for this
exemption, the property need not contain any
development on the original lot.";
"Sec. 8-105(F) Rules of General Applicability.
F. HPC Conceptual Approval. In the event historic
preservation committee (HPC) approval is needed
for any proposed project, the committee's
conceptual approval must be secured prior to
submitting an application for a development
allotment. The applicant shall be required to
secure final approval of the project from the
committee prior to submission of an application
for a building permit.".
Section 11.
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.
Section 12.
Nothing in this ordinance shall be construed to affect any
24
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 13.
A public hearing on the Ordinance shall be held on the ~
day of ~~ , 1989, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
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 /~~ day of
William L. Stir~yor
ATTEST:
~{athryn~. Koch, City Clerk
FINALLY, adopted, passed and approved this ~~ day
of ~ 1989
ATTEST:
Kathry~S. ~och, City Clerk
cccodecorrectord.ll
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Exhibit
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