HomeMy WebLinkAboutordinance.council.037-95
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ORDINANCE NO ..~
(SERIES OF 1995")
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER
THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING
SECTION 24-S-4~2 (C) (3), TEMPORARY SALE SIGNS
24 OF
WHEREAS, section 24-7-1103 of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations", shall be reviewed and recommended for approval by the
Community Development Director and then by the Planning and Zoning
commission at public hearing, and then approved, approved with
conditions, or disapproved by the City Council at public hearing;
and
WHEREAS, the Community Development Department has determined
that the section of the land use regulations which establishes the
duration for temporary sale signs does not adequately address the
end-of-season period of March 1 through April 15; and
WHEREAS, the Planning and Zoning commission reviewed the
proposal and did conduct a public hearing thereon on May 16, 1995;
and
WHEREAS, upon review and consideration of the text amendmen~s,
agency and public comment thereon, and those applicable standards
as contained in chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and zoning
commission has recommended, by a 5-2 vote, approval of the text
amendment recommended by the Community Development Director
pursuant to procedure as authorized by Section 24-6-205 (A) 8 .of
the Municipal Code; and
WHEREAS, the Aspen City Council has reviewed and considered
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the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
the recommendation of the Planning and Zoning commission, and has
taken and considered public comment at public hearing; and
WHEREAS, the City Council finds that the text amendment meets
or exceeds all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the city Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare; and
WHEREAS, the city Council finds that the proposed text
amendment will allow and promote compatibility of zone districts
and land uses wi th existing land uses and neighborhood
characteristics and will be consistent with the public welfare and
the purposes and intent of Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
section 1: Pursuant to section 24-7-1102 of the Municipal Code,
the city Council finds as follows in regard to the text amendment:
1. The proposed text amendment as set forth in the Plan is not'
in conflict with the provisions of Chapter 24 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed text amendment will promote the public interest
and character of the city of Aspen.
section 2: section 5-412. C. 3. of Chapter 24 of the Municipal
Code of the city of Aspen, Colorado, is hereby amended, which new
text shall read as follows:
section 24-5-412 C.3. Temporary Sale Signs.
signs, announcing special sales of products
shall be subject to the following:
Temporary sale
and services,
a.
Type.
The temporary sale sign shall be placed in the
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window or windows of the business holding the sale.
b.
There shall be permitted not more than one
sale sign in any window, and a total of not
three (3) temporary sale signs for each use.
Number.
temporary
more than
c. Area. Each temporary sale sign shall not exceed three
(3) square feet.
d. Duration. Except for the end-of-season period of MarQh
1 through April 15, temporary sale signs may be
maintained for a period not to exceed fourteen (14) days,
shall be removed at the end of fourteen (14) days or on
the day following the end of the sale, whichever shall
occur first, and shall not be replaced for at least three
months following the removal of the sign(s).
Temporary sale signs may be maintained during the end-
of-season period of March 1 through April 15 provided
that they are removed following the end of the sale and
no temporary sale sign has been displayed for a period
of 30 days immediately preceding the display and,
provided further, that no temporary sale signs shall be
permitted for a three (3) month period following the
display of end-of-season signs.
Section 3: This Ordinance shall not affect 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 same shall be conducted and
concluded under such prior ordinances.
Section 4: 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 5: A public hearing on the Ordinance shall be held on the
~g day Of~, 1995 at 5:00 in the city council Chamberp,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
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hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
of the City of Aspen on
as provided by
the dl.l../ day of
law,
INTRODUCED, READ AND ORDERED PUBLISHED
by the City Council
~ ' 1995.
Kathryn S. oeh, City Clerk
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John Bennett, Mayor
adopted, passed and approved this ~~
aFLY:
1995.
. Koch, City Clerk
day of
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John B nnett, Mayor
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