HomeMy WebLinkAboutordinance.council.027-76RECORD OF PROCEEDINGS
100 Leaves
(Series of 1976)
AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE, 1973 EDITION,
BY THE ADDITION OF A SUBPARAGRAPH (j) TO SECTION 104 SUCH AS TO
PE~{IT DEVIATIONS FROM THE REQUIRE_~ENTS OF THE CODE FOR NECESSARY
REPAIRS, ALTERATIONS AND ADDITIONS TO HISTORIC BUILDINGS PRO-
VIDED THAT (1) THE STRUCTURE SHALL HAVE RECEIVED HISTORIC DESIGNA-
TION (2) UNSAFE _AND SUBSTANDARD CONDITIONS WILL BE CORRECTED, AND
(3) THE RESTORED BUILDING WILL BE LESS HAZARDOUS, BASED ON LIFE
AND FIRE RISK, THAN THE EXISTING BUILDING
~EREAS, 'the Aspen City Council has determined that
inflexible application of the provisions of the Uniform Building
Code have precipitated the loss of historic structures to the
community because of the inability of their owners to enjoy bene-
ficial use of the property, ~laintain the structures in their
historic form, and still comply with said Code, and
WHEREAS, the City Council wishes to establish a procedure
for amelioration of this situation when the value of the structure
has been acknowledged by historic designation and public health,
safety and welfare will not be compromised,
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
NOW,
CITY OF ASPEN, COLORADO:
Section 1
Chat the Municipal Code of the City of Aspen,
is hereby amended by adding Subsection (p)
said subsection reads as follows:
Colorado,
to Section 7-141 which
(p) The Uniform Building Code, 1973 Edition, is
hereby amended by the addition of subsection (j) to
Section 104, which said subsection shall read as
follows:
(j) Historic Buildings. ~epairs, alterations and
additions necessary for the preservation, restoration,
rehabilitation or continued use of a building or
structure may be made without conformance to all the
requirements of this Code when authorized by the
Building Inspector provided:
RECORD OF PROCEEDINGS
100 Leaves
1. The building or structure has been determined
to be of historic, architectural or geographic
importance and has received historic designa-
tion pursuant to the provisions of Article IX
of Chapter 24 of the Aspen Municipal Code;
provided, however, that the automatic inclusion
of a structure within a larger historic overlay
district shall not constitute, ~ithout more, a
designation of historic, architectural, or
geographic importance sufficient to meet the
requirements of this subparagraph.
2. Any unsafe conditions as described in Section
203 will be corrected in accordance with approved
plans.
3. 2~y substandard conditions will be corrected
in accordance with approved plans.
The restored building or structure will be
less hazardous, based on life and fire risk,
than the existing building.
~leason: The public has expressed concern about the
unnecessary loss of buildings and structures, having
historic or architectural significance, due to a
variety of reasons among which are "Building Code
restrictions."
Although it is true that it is possible under pre-
sent provisions of the U.b.C. to allow restoration
of such buildings without conforming to Code in
all respects, it is also true that many buildings
have been demolished or otherwise eliminated be-
cause there is no specific statement in the U.B.C.
to allow the enforcing officials the undisputed
authority he needs to meet the sometimes strange
and unusual circumstances accompanying a building
of historic significance.
Section 2
If any provision of this ordinance or the application there-
of to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of the ordinance
which can be given effect without the invalid provisions or applica-
tions, and to this end the provisions or applications of this
ordinance are declared to be severable.
Section 3
A public hearing on this ordinance shall be held on the
/~ day of ~ . , 1976, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, colorado.
INTRODUCED, READ AND ORDERED published as provided by law
RECORD OF PROCEEDINGS
100 Leaves
by the City of Aspen, at its regular meet~eld ~-: J/ ,
STACY~ANDLEY, I , ~iAYOR
ATTEST: ~ANDLEY , I.~iAY /
KATHRYN S.~/HAUTER, CITY CLERK
FINALLY ADOPTED AND APPROVED ON~ //~ , 1976.
ATTEST: S~ACY/ST~NDLEY,QIII , ~A
i~LATHRYN S.~HAUTER, CITY CLERK
RECORD OF PROCEEDINGS
100 Leaves
STATE OF COLORADO )
)
COUNTY OF PITKIN )
SS. CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen,
Colorado, do hereby certify that the above and foregoing
ordinance was introduced, read in full, and passed on
~- reading at a regular
meeting
of
the
city Council of the City of Aspen on ~ ,
i97 ~, and published in'the Aspen Times, a weekly newspaper
of general circulation, published in the City of Aspen,
Colorado, in /ts issue of 7/7/~ ~ ,-.~ ,'~'~ ,
197
and was finally adopted and~pproved at a regular meeting
of the City Council on ~-~-~.~- ,
197
and ordered published as Ordinance~ No. J~ , Series of
197~, of said City, as provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand
and the seal of sai~ City of Aspen, Colorado, this /~ ~
day of ~ , 197!-
Kathr}~ S. Hauter
City Clerk