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HomeMy WebLinkAboutordinance.council.045-85 Ordinance 85- .45._ (Series of i985) AN ORDINANCE IMPOSING A 60 DAY MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF ANY APPLICATION OR PERMIT FOR THE INSTALLATION OF A SOLID FUEL BURNING DEVICE IN ANY SINGLE FAMILY DWELLING, DUPLEX UNIT CONTAINING MORE THAN 1,000 SQ. FT., HOTEL OR LODGE BUILDING, RESTAURANT/BARw OR MULTIFAMILY BUILDING, IF SUCH BUILDING ALREADY CONTAINS ONE OR MORE SOLID FUEL BURNING DEVICES WHEREAS, Air Pollution continues to be a visibility and potential health problem in the Aspen area, and WHEREAS, Woodburning emissions contribute a significant percentage of the fine particulate matter for which Aspen has been named a Group II area with a significant potential for being named a non-attainment area by the U.S. Environmental Protection Agency there.by being forced to implement certain control measures, and WHEREAS, the U.S. Environmental Protection Agency (EPA) National Air Ouality Trends Report has been presented to the City Council indicating that Aspen's particulate levels are higher than the particulate levels in more populated areas such as New York City, Washington, D.C. and Boston, and that a substan- tial portion of this high particulate level is due to emissions from solid fuel burning devices, and WHEREAS, clean-burning devices now available are an insuf- ficient solution to this problem since they are not likely to be operated in lodges in a manner to make them any cleaner than a typical uncontrolled fireplace, and WHEREAS, the City Council has determined that the existing ordinances of the City of Aspen may be insufficient to address the impacts and long-lasting negative effects on air quality; and WHEREAS, the City Council deems it to be in the best interest of the City of Aspen, its inhabitants and visitors, to delay the acceptance, processing or issuance of any application for a permit for more than one solid fuel burning device in any single family dwelling, duplex unit containing over 1,000 sq. ft. or more of internal heated floor area, hotel or lodge building, restaurant/bar, or multifamily building; and WHEREAS, any review or approval of a specific building permit application would be inadequate unless and until a review of existing ordinances and, if necessary, proposed amendments thereto is completed; and WHEREAS, the City Council has determined that more time is necessary to evaluate these regulations in the City of Aspen in order to avoid the risks and negative impacts which may result therefrom, and, therefore, deems to be in the best interest of the City, its inhabitants and visitors to impose a 60 day moratorium as provided herein below, NOW, THEREFORE, BE IT ORDAINED BY THE CIT~ COUNCIL OF THE CITY OF ASPEN, (X)LORADO~ The City Council does hereby impose a moratorium for a period of sixty days from the effective date of this ordinance on the processing of any application or the issuance of a building permit for any solid fuel burning devices in any single-family dwelling, duplex unit containing more than 1,000 sq. ft., hotel or lodge building, restaurant/bar, or multiplex building, if such building already contains one or more solid fuel burning devices or if such installation would result in the building containing more than one solid fuel burning device. Applications and permits for construction other than the installation of solid fuel burning devices may be considered and issued, consistent with the meaning and intent of this ordinance. The City Manager is hereby directed to implement the aforesaid moratorium throughout the administrative service, specifically the Environmental Health and Building Departments, until such time as this moratorium expires, is extended, or is lifted as hereinbelow provided. Section 3 This moratorium may be lifted by resolution of the City Council, either generally or specifically, with respect to an individual application upon a finding by the City Council that the application presented is not within the spirit and intent of this moratorium and that approval of the application will not result in a negative impact. Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional ina 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 day of . ~, 1985, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED published as provided by law of tJle~Ci~y Council of the City of Aspen on the .~ day of ~ , 1985. William L. Stirling ATTEST" Kathryn~S~Koch,' City Clerk FINALL~adgpted,,~ passed and approved this day of ~ , 1985. William L. Stirling ATTEST" ~ City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFICATE COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on ~, 1985, and published in the As~en Times, a weekly newspaper of general circulation published in the City of Aspen,Colorado, in its issue of 1985, and was finally adopted and approved at a regular meeting of the City Council on  /-~ 1985, and ordered published as Ordinance No. ~'---, Series of 1985, of said City as provided by law. IN WITNESS WHEREOF, I have hereunto set ~ hand and the seal of said City of Aspen, Colorado this ...... /~ day of ,..~ 1985. -.. , City Clerk SEAL Deputy City Clerk