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Home My WebLink Aboutordinance.council.026-71RECORD OF PROCEEDINGS ORDINANCE NO. =,~ ~ 100 Leaves (Series of 1971) AN ORDINANCE AMENDING SECTION ll-l-7(a) C-1 COMMERCIAL, SECTION ll-l-7(b) C-C COMMERCIAL, AND SECTION 11-1-7(c) C-2 COMMERCIAL OF THE MUNICIPAL CODE O~F~T_~CITY OF ASPEN, ADDING USE SQUARE FOOTAGE LIMITATIONS ON~°RETAIL AND COMMERCIAL ESTABLISH~MNTS IN THE COMMERCIAL ZONED DISTRICTS OF THE CITY, DELETING AUTO- MOBILE ACCESSORY STORES FROM PERMITTED USES IN C-1 COMMERCIAL AND C-C COMMERCIAL ZONED DISTRICTS, DELETING CERTAIN CONDITIONAL AND PERMITTED USES IN THE C-2 COMMERCIAL ZONED DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPE~ COLORADO: Section 1. Subsection (e) of Section 7, Chapter 1 of Title 11 (C-1 Commercial) is hereby amended by adding the following Use Square Footage Limitation on all retail and commercial establishments: "Use SQuare Footage Limitation 1. Drug, liquor, personal service and similar retail or retail discount business estab- lishment shall be restricted to a maximum gross floor area of 3,000 square feet, excluding any basement area used exclusively for storage purposes or for underground parking. 2. Food, apparel, dry goods, department stores and similar retail or retail discount bus- iness establishments shall be restricted to a max- imum gross floor area of 12,000 square feet, exclud- ing any basement area used exclusively for storage purposes or underground parking area. 3. Any businesses mentioned in Para- graph 1 above of the same use type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land or contiguous tracts of land shall be restricted to 3,000 square feet and any businesses mentioned in Paragraph 2 above of the same use type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land or contiguous tracts of land shall be restricted to 12,000 square feet. 4. Ail the above square footage limit- ations on use shall not restrict the square footage of the total retail sales area of the commercial zoned districts or of buildings occupied by any combination of more than one of the above uses." RECORD OF PROCEEDINGS 100 Leaves Section 2. Paragraph 2 of Uses-Permitted in Sub- section (a) of Section 7, Chapter 1 of Title 11 (C-1 Commercial) is hereby amended by deleting automobile accessory store as follows: "Uses - Permitted 2. Retail commercial establishments limited to the following and similar uses: antique shop, appliance store, art supply shop, art gallery, bakery, book store, camera shop, candy, tobacco or cigarette store, catalog store, clothing store, decorator shop, department store, drug store, florist shop, food market, furniture store, gift shop, hardware store, hobby shop, jewelry shop, job printing shop, key shop, liquor store, pet shop, paint and wallpaper store, pawn shop, photography shop, sporting goods store, stationery store, variety store." Section 3. Subsection (b) of Section 7, Chapter 1 of Title 11 (C-C Commercial Core) is hereby amended by adding the following Use Square Footage Limitations on all retail and commercial establishments: "Use SQuare Footase Limitations 1. Drug, liquor, personal service and similar retail or retail discount business establish- ments shall be restricted to a maximum gross floor area of 3,000 square feet, excluding any basement area used exclusively for storage purposes or for underground parking. 2. Food, apparel, dry goods, department stores and similar retail or retail discount business establishments shall be restricted to a maximum gross floor area of 12,000 square feet, excluding any basement area used exclusively for storage purposes or underground parking area. 3. Any businesses mentioned in Paragraph 1 above of the same use type which occur individually or jointly in a single structure of combination of structures situated upon a single tract of land or contiguous tracts of land shall be restricted to 3,000 square feet and any businesses mentioned in Paragraph 2 above of the same use type which occur individually or jointly in a single tract of land or contiguous tracts of land shall be restricted to 12,000 square feet. -2- RECORD OF PROCEEDINGS 100 Leaves 4. All the above square footage limitations on use shall not restrict the square footage of the total retail sales area of the commercial zoned districts or the buildings occupied by any combination of more than one of the above uses. Section 4. Paragraph 4 of Uses - Permitted in Sub- section (b) of Section 7, Chapter 1 of Title 11 (C-C Commercial Core) is hereby amended by deleting automobile accessory stores from the permitted uses as follows: "Uses - Permitted 4. Retail commercial establishments limited to the following and similar uses: antique shop, appliance store, art supply shop, art gal~ry, bakery, bookstore, camera shop, cand~ tobacco or cigarette store, florist shop, food market, furn- iture store, gift shop, hardware store, hobby shop, jewelry shop, job printing shop, key shop, liquor store, pet shop, paint and wallpaper store, pawn shop, photography shop, sporting goods store, stationery store, variety store;" Section 5. Subsection (C-2 Commercial) is hereby Square Footage Limitations ments: "Use (c) of Section 7 of Title 11 amended by adding the following Use on all retail and commercial establish- Square Footage Limitations 1. Drug,liquor, personal service and similar retail or retail discount business establish- ments shall be restricted to a maximum gross floor area of 3,000 square feet, excluding any basement area used exclusively for storage purposes or for underground parking. 2. Food, apparel, dry goods, department stores and similar retail or retail discount business establishments shall be restricted to a maximum gross floor area of 12,000 square feet, excluding any base- ment area used exclusively for storage purposes or underground parking area. 3. Any businesses mentioned in Paragraph t above of the same use type which occur individually or jointly in a single structure or combination of -3- RECORD OF PROCEEDINGS 100 Leaves structures situated upon a single tract of land or contiguous tracts of land shall be restricted to 3,000 square feet and any businesses mentioned in Paragraph 2 above of the same use type which occur individually or jointly in a single tract of land or contiguous tracts of land shall be restricted to 12,000 square feet. 4. Ail the above square footage limitations on use shall not restrict the square footage of the total retail sales area of the commercial zoned districts or of buildings occupied by any combination of more than one of the above uses. Section 6. Paragraphs 1, 2, 3, 4, 5 and 6 under Uses - Permitted and Uses - Conditional in Subsection (c), Chapter 1 of Title 11 (C-2 Commercial) are hereby repealed and reenacted as follows: "Uses - Permitted 1. Any permitted use of the AR-1 Accom- modations Recreation District, except patio houses, and of the C-1 Commercial District; subject to all use, use square footage limitations, lot area and yard requirements of those districts' regulations unless otherwise specified below; 2. Limited indistrial uses including the following and similar uses: manufacture and repair of sporting goods, printing and publishing plants, dry cleaning establishments and dry cleaning and laundry pick up stations, transportation depots, shop craft industry, and cabinet, plumbing and electrical shops where all material is stored within a building provided no unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problem will be created thereby. ments. 3. Recreation and entertainment establish- Uses - Conditional 4. The following conditional uses are subject to approval of the Board of Adjustment: automobile washing facilities, gasoline service stations, warehousing and storage where all material is stored within a building, and any limited industrial use listed under Paragraph 2 of permitted uses above which may create unusual traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare -4- RECORD OF PROCEEDINGS 100 Leaves or industrial w~ disposal problems subject to approval of Board of Adjustment provided the follow- ing limitations are placed on all such uses: (a) Ail uses-conditional approved by Board of Adjustment shall be operated within an enclosed structure. (b) Noise, dust, fumes, odors, smoke, vapor, vibration, glare or waste shall be con- fined to the lot upon which the use is permitted. (c) Outdoor storage, equipment and re- fuse areas shall be concealed from view of abut- ting rights-of-way and adjoining residential districts. For the purpose of this zoned dis- trict gasoline service stations shall not in- clude body repair, major mechanical repairs and engine rebuilding, and rental and sale of vehicles and trailers. Section 7. If any provision of this Ordinance or the application thereof 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 application, and to this end the provisions of this Ordinance are declared to be severable. Section 8. A public hearing on the Ordinance shall be held at at ~.m. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, on the__ day of , 1971. ATTEST: MAYOR CITY CLERK -5- RECORD OF PROCEEDINGS 100 Leaves of FINALLY ADOPTED, PASSED AND APPROVED this __ , 1971. day ATTEST: MAYOR CITY CLERK