HomeMy WebLinkAboutordinance.council.029-93
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ORDINANCE No.c29
(Series of 1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING ARTICLE II OF CHAPTER 11 OF THE MUNICIPAL CODE, ENTITLED" AIR
QUALITY", TO ALLOW FOR THE REPLACEMENT OF LAWFULLY PRE-EXISTING
WOOD BURNING FIREPLACES DESTROYED BY AN ACT OF GOD.
WHEREAS, the "Air Quality" Section of the Municipal Code prohibits the installation
of more than two Department certified devices in any single building; and
WHEREAS, the City of Aspen desires to allow homeowners to replace lawfully pre-
existing wood burning devices destroyed or demolished by an act of God; and
WHEREAS, the City Council has determined that allowing the replacement of wood
burning devices with gas log fireplaces would not deteriorate the overall air quality in the City
of Aspen; and
WHEREAS, the City Council has determined that the replacement of wood burning
fireplaces with gas log fireplaces would protect the health, safety and welfare of the residents
and guests of the City of Aspen.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
That section 11.2.10 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended by the addition of a new subsection (f) which subsection shall read as follows:
(f) Notwithstanding any provision of this section to the contrary, any
pre-existing wood burning fireplace which is destroyed or demolished by
an act of God or through any manner not willfully accomplished by the
owner may be restored as of right with a gas log fireplace; provided,
however, that a building permit for reconstruction shall be issued within
twelve (12) months of the date of the demolition or destruction.
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Section 2.
That 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.
That this ordinance shall not have any effect on existing litigation and shall not operate
as an abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
A public hearing on the ordinance shall be held on the~ day of
1993, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
C,"",;]::~:~:~~;:A,:: :;:e:, :~r~'idOO by h~:~~ C;O
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John . Benne~ Mayor .
A 1'TEST:
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FINALLY adopted, passed and approved this~ day of ~
1993.
ATTEST:
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John S. ennett, Mayor
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