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HomeMy WebLinkAboutordinance.council.011-92 If I.i.' ~. fi".II' ~ q ~- j!.~..' ~ R " ORDINANCE NO. \\ (series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 19-5 OF THE MUNICIPAL CODE REGARDING ENCROACH- MENT LICENSES AND THE OCCUPANCY OF PUBLIC RIGHT-OF-WAY. WHEREAS, section 19-5 of the Municipal Code for the City of Aspen presently provides a procedure by which persons wishing to occupy or utilize public right-of-way may petition the City Council to do so; and WHEREAS, the city Council has determined that the granting or denial of an encroachment license to occupy or utilize public right-of-way is fundamentally an administrative matter that should not require the involvement or attention of the City Council in the decision-making process; and WHEREAS, the city Engineer is charged under the Municipal Code with overseeing public streets and rightS-Of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: section 1 Section 19-5, "Occupancy of right-of-way prohibited without Council approval; application, fee", of Chapter 19 of the Munici- pal Code of the city of Aspen, Colorado, be and is hereby amended to read as follows: Sec. 19-5. Occupancy of public right-of-way prohibited without encroachment license; application fee; appeals. (a) No person shall occupy, construct, place or maintain within any public right-of-way any building, structure or appurtenance, fence, tree, vegetation or other obstruction without first having obtained an encroach- . , f.....,c.-. \0t; ment license from the city Engineer. Any person seek- ing an encroachment license must submit an application therefor on forms provided by the city Engineer accom- panied by an administrative review fee of three hundred dollars ($300.00). The City Engineer may specify the terms and conditions under which any encroachment license is to be issued so as to protect the best interests of the city. All encroachment licenses granted under this section shall be revocable by the city with or without cause at any time. (b) Any person aggrieved of a decision by the city Engineer under this section may seek an appeal of same to the Board of Adjustment. All appeals must be submitted in writing to the city Engineer within ten (10) days of the decision being appealed from. The city Engineer shall promptly forward all appeals to the Board of Adjustment who shall schedule and conduct a hearing thereon within thirty (30) days. The Board of Adjust- ment shall utilize the following standards in determin- ing whether to affirm, reverse or modify the decision of the City Engineer: I 'It ~"" \\. 1. Whether the requested encroachment is the minimum encroachment necessary to make possible the rea- sonable use of the parcel, building or structure in question. 2. Whether denial of the encroachment would cause the applicant unnecessary hardship or practical diffi- culty. 3. Whether there are special circumstances or condi- tions which are unique to the parcel, building, or structure in question which are not applicable to other parcels, buildings or structures. All decisions of the Board of Adjustment under this section shall be reduced to writing. P.- ~ Ii ,~ (c) Nothing contained in this section shall be construed to apply to improvements or activities undertaken within a public right-of-way by the city, its employees or agents, or the placement of temporary safety barricades or structures around excavations or construction within a public right-of-way, or the placement of other devic- es or structures that may be required to be placed in a public right-of-way by reason of state or federal law or regulation or Section 19-6 of the Municipal Code. 2 .. I.~.... i~,:<, . ~'.. v; ~- III ",..' V ~{ Iii, section 2 This ordinance shall not have any effect on existing litiga- tion 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 construed and concluded under such prior ordinances. section 3 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 4 A public hearing on the ordinance shall be held on the /67 day of '1 ' ..... -') -,. /', " , _.k__-l:-Ut/(",'L-~'~~l I , 1992, in the city Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the city council of the city of Aspen on the ,;;. 7 '(Jr<-..ru'"L ?L) , 1992. day of ~ 5, /3~~ John . Bennett, .Mayor ATTEST: ~ "4u Kathryn . . Koch, City Clerk 3 ,1* f{1. il. \< {..... . "", .e'\ A? ((" h) day of passed and approved this FINALLY adopted, ',~-J / VI.."ljl/(d/LC~l ATTES'.r: . jcl113 .1 , 1992. ~ 5, /5~- John . Bennett, Mayor 4