HomeMy WebLinkAboutordinance.council.015-80RECORD OF PROCEEDINGS
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ORDINANCE NO. ~
(Series of 1980)
AN ORDINANCE ADOPTING SECTION 24-12.10 TO THE MUNICIPAL CODE OF
THE CITY OF ASPEN WHICH PRESERVES LODGE AND RESIDENTIAL USES
WHEREAS,
sufficient to maintain the current mix of lodge
within the City of Aspen, and
WHEREAS, the Planning and Zoning Commission
the adoption of a new Section 24-12.10 to the Municipal Code of
the City of Aspen for the benefit of the City of Aspen,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
it is the intent of the City to adopt regulations
accommodations
has recommended
~ection 1
That Chapter 24 of the Municipal Code of the City of Aspen
shall be amended by the adoption of a new Section 24-12.10 which
shall read as follows:
Sec. 24-12.10. Lodge/Residential Preservation.
All single-family, duplex, multi-family, lodge and hotel uses
that were lawfully established and continually so used there-
after but located within a zoning district where such use is
currently not either a permitted or conditional use are by
definition non-conforming uses, but, pursuant to the provi-
sions of this section, are to be considered allowed uses and
are not subject to the provisions of Section 24-12.2 24-12.4
and 24-12.5; provided: ,
(1) All new construction, reconstruction or modification of
a structure shall meet the area and bulk requirements of
the underlying district. If renovation of a structure
is to be performed it shall not increase the non-
conformity of the structure. For the purpose of this
section, the investment of less than 50% of the value of
the structure is considered renovation and the invest-
ment of 50% or more of the value of the strucutre is
considered reconstruction.
(2) No increase in the number of units or square footage
shall be allowed, and
(3) Any change in use shall not be to a use of a lower or
less restrictive classification, but rather to a use of
the same or higher classification, and
RECORD OF PROCEEDINGS 100 Leaves
(4) If any such use of land ceases for any reason for a
period of more than one (1) year, any subsequent use of
land shall conform to the regulations specified by the
code for the district in which such land is located.
The act of obtaining a building permit within the one-
year period shall be considered to have tolled the one-
year time period and the lodge and residential use may
be re-established at the completion of construction,
however, failure to re-establish such use within thirty
(30) days after the issuance of a certificate of occu-
pancy shall deprive the property owner of the continued
use of his property as a residential or lodge use.
~ection 2
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
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
~ection 3
A public hearing on
prior to which hearing
the ordinance shall be held on the /~~-~
, 1980, at 5:00 P.M. in the
Aspen City Hall, Aspen, Colorado, 15 days
notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen, Colorado, at its regular
meeting held on the /~;~day of ~j
! , 1980.
ATTEST:
City Cler~
Hc~'man Edel~~~
Mayor
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ATTEST:
RECORD OF PROCEEDINGS
FINALLY adopted,
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passed and approved on the ~da~ of
, 1980.
herman Edel
Mayor
RECORD OF PROCEEDINGS
100 Leaves
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 3
A public hearing on the ordinance shall be held on the c~
day
of
~ , 1980, at 5:00 P.M. in the
City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen, Colorado, at its regular
meeting held on the~m/~(~day of~, 1980.
He~m~ Edel
Mayor
ATTEST:
c~ttyhr~eSr~/°ch
FINALLY.~% adopted, passed and approved on the c~~6-~ day of
, 1980.
ATTEST:
Mayor
K~thryn S ./Ko~h
City ClerR
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