HomeMy WebLinkAboutordinance.council.022-91 ORDINANCE NO. 22
(Series of 1991)
AN ORDINANCE OF THE /~PEN CITY COUNCIL ANE17DING CHA~TER 24 SECTION
5-504 OF THE M~IRICIPAL CODE TO CHANGE THE TF,~M "GROSS FLOOR
TO "NET LEASABLE CO~ERCIAL ~ OFFICE SPACE"
WHEREAS, the Pitkin County Bank has proposed to amend Section
5-504 of Chapter 24 to change the term "gross floor area" to "net
leasable commercial and office space"; and
WHEREAS, the term "gross floor area" is not defined within
the Code end the term "net leasable commercial and office space"
is defined in the Code and is typically used for mitigation
purposes; and
WHEREAS, staff believes that when the zoning regulations were
amended to include the term "net leasable" that the terminology was
not reviewed for consistency with the rest of the Code and
therefore "gross floor area" was not changed; and
WHEREAS, pursuant to Section 7-1103 the Commission shall
review an amendment to the text of Chapter 24 at a public hearing
making a recommendation to Council; and
WHEREAS, the Planning and Zoning Commission reviewed the
proposed amendment at their May 7, 1991 meeting and recommends to
Council approval of the amendment; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1~
Section 5-504, "Use square footage limitations", of Division
5 "Supplementary Requlations", of Article 5 of Chapter 24 of the
Municipal Code of the City of Aspen, Colorado, is hereby amended
to read as follows:
Within Section 24-5-404. Use Square Footage Limitations, the
Comnercial Core (CC), Cc~nnercial (C-1), and Service/Commercial/
Industrial (S/C/I) zone districts, all permitted and conditional
commercial business shall be restricted to the following maximum
net leasable commercial and office space.
A. 3,000 sa.ft. The following and similar uses shall
be limited to three thousand (3,000) square feet in
net leasable commercial and office space: antique
shop; art supply; bakery; bookstore; camera shop;
candy, tobacco or cigarette shop; catalogue store;
drug store; florist shop; gift shop; hobby shop;
Jewelry shop; key shop; liquor store; pet shop;
photography shop; stationery store; dry cleaning;
pickup station; barber and beauty shop; small
appliance store; art gallery; decorator shop;
seamstress; laundromat; tailor; shoe repair shop;
radio and TV broadcasting stations; rental, repair
and wholesaling, provided they are accessory uses;
electrical and plumbing service shops; automobile
washing facility; pharmacies; art studio; and
catering service.
B. 6,000 sa.ft, The following and similar uses shall
be limited to six thousand (6,000) square feet in
net leasable oom~erolal end office specs: drugstore
(including pharmacy); equipment rental, storage and
repair; shop craft industry; fabrication and repair
and building materials; sporting goods store;
variety shop; professional offices; and major
appliance stores.
C. 9,000 s~.ft. The following and similar uses shall
be limited to nine thousand (9,000) square feet in
net leasable commercial and office space: service
station and restaurant.
D. 12,000 ag,ft. The following and similar uses shall
be limited to twelve thousand (12,000) square feet
in net leasable commercial a~d office space:
vehicle sales; builder supply yard; lu~ber yard; dry
cleaning plant and laundry; manufacture and repair
of sporting goods; printing and publishing plant;
furniture store; carpet and floor covering store;
financial institutions; and food market.
E. 20,000 sa,ft. The following and similar uses shall
be limited to twenty thousand (20,000) square feet
in net leasable commercial and office space:
warehousing and storage.
F. Retail sales areas. Ail of the square footage
limitations on use shall not restrict the square
footage of the total retail sales areas in these
Zone Districts, or any buildings occupied by any
combination of more than one (1) of the above uses;
provided, however, that any business enumerated
above, of the same type which occur individually or
Jointly in a single structure or combination of
structures situated upon a single tract of land
under the same ownership, shall be considered one
(1) business and together restricted to the maximum
net leasable commercial and office space provided
in this section.
That the City Clerk be and hereby is directed, upon the adoption
of this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
Beotion ~;
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent Jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
Section 4;
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 sa~e shall be conducted and concluded under such
prior ordinances.
Section 51
A public hearing on the Ordinance shal~ be held on the ~%hk-~day of
~ , 1991 at 5:00 P.M. in the City Council Chamber, Aspen
~lty~Hall, Aspen Colorado, fifteen (15) days prior to which a
hearing of public notice of the same shall be published in e
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ ;~%rD ORDERED PUBLISHED as provi~pd by law, by
th/~ city Council of the City of Aspen/~n the /~L~ day of
John~ennett, Mayor
Kathryn~. Koch, City ~lark
FINALLY ADOPTED this 22nd day of July 1991.
John B t, Mayor
ATTEST:
~och, Cit~ylerk