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HomeMy WebLinkAboutordinance.council.036-89 O DINANCE NO. (Series 1989) AN ORDINANCE AMENDING SECTIONS 16-2.C, 16-2.L, 16-2.P, 16-2.CC, 16-3.B.6(A), AND 16-4 OF THE ~UNICIPAL CODE OF ASPEN TO LIMIT CONSTRUCTION ACTIVITY NOISE AT NIGHT AND UPDATE DISTRICT DEFINITIONS TO REFLECT CURRENT ZONING DISTRICTS WHEREAS, the Environmental Health Department has determined that the existing rules and regulations governing noise are inadequate to protect the health and welfare of the residents of the City of Aspen; and WHEREAS, -amendments to the aforementioned rules and regulations have been proposed by the Environmental Health Department to correct deficiencies in the existing rules and regulations; and WHEREAS, The City Council of the City of Aspen has determined that the aforementioned changes benefit the health and welfare of the residents and visitors to the City of Aspen; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Sections 16-2.C, 16-2.L, 16-2.P, 16-2.CC, 16-3.B.6(a) and 16-4 of the Municipal Code of the City Of Aspen, Colorado, are hereby amended to read as follows: Section 16-2. C. Commercial District: An area zoned primarily for commercial use as defined in Chapter 24 of the Aspen Municipal Code, including, but not limited to, areas designated CC, C-l, S/C/I, NC, O, and as such designations may be amended. L. Emergency Work: Work necessary to restore property to a safe condition following an unusual event, or work required to protect persons or property from exposure to danger. P. Lodqe District: An area zoned primarily for lodge use as defined in Chapter 24 of the Aspen Municipal Code, including, but not limited to, areas designated L/TR, CL, LP, and as such designations may be amended. CC. Residential District: An area zoned primarily for residential use as defined in Chapter 24 of the Aspen Municipal Code, including, but not limited to, areas designated R-6, R-15, R-15A, R-15B, R-30, R/MF, MIIP, RR, O, A, C, P, PUB, and as such designations may be amended. Section 16-3.B.6. (a) within the City limits during the hours from 10 P.M. until 7:00 A.M. Section 16-4 Use District Noise Levels: A. Maximum Permissible Sound Levels: It shall be a violation of this ordinance for any perso~ to operate or permit to be operated any stationary source of sound in such a manner as to create a ninetieth percentile sound pressure level (L90) of any measurement period (which shall not be less than ten (10) minutes unless otherwise provided for in this ordinance) which exceeds the limits~ set .forth for the following receiving land use districts when measured at the boundary or at any point within the property affected by the noise: NIGHT DAY Use District 10 P.M.-7 A.M. 7 A.M.-10 P.M. Residential 50 dB(A) 55 dB(A) Lodge 55 dB(A) 60 dB(A) Commercial 55 dB(A) 65 dB(A) Industrial Not Applicable 80 dB(A) When a noise source can be identified and its noise measured in more than one use district, the limits of the most restrictive use shall apply at the boundaries between the land use categories. This provision shall not apply when the least restrictive use is a floating industrial district, in which case the limits applicable to the industrial district shall apply, notwithstanding the boundaries of the more restrictive uses, because of the temporary nature of the industrial use. If an area is zoned SPA, the use category will be determined by the predominant existing uses within that area. Section 2 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 3 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 4 shall be held on the J~Q/~ A p~lic_hearing on the ordinance day of ~ , 1989, in the City Council Chambers, Aspen Ci~ Hal~/, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as pro.v.i~de~d by law by uncil of the City of ASpen on the /~b~,-~ day of _ ~chael Gassman'l~Mayor Pro Tem ATTEST: Kathryn W. Koch, City Clerk · approved this /~%~-"-/ day of ~-~~LY ad°pted passed and ~!b~~e~l~~as ~ · 1989. ATTEST: ~ch, city Clerk