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HomeMy WebLinkAboutordinance.council.007-08ORDINANCE No. 7 (Series of 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL, ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE FOLLOWING CHAPTER AND SECTION OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.312.030 - NONCONFORMING STRUCTURES - MEET APPLICABLE STANDARDS OF REVIEW. WHEREAS, previous amendments to Section 26.312.030 submitted by Gary and Laura Lauder, 850 Roaring Fork Road, Aspen, CO were adopted in Ordinance 35, Series of 2004, but were not codified; and, WHEREAS, after meeting with the Lauder representatives, the Community Development Director requested that the representatives submit an amendment to the Land Use Code, pursuant to Chapter 26.208, to clarify the adopted language; and, WHEREAS, the requested amendment is to Section 26.312.030 C., Extensions, of the Land Use Code and would permit additional floor azea on properties with a mandatory occupancy accessory dwelling unit and which aze legally established nonconformities with respect to floor area; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed for approval, approval with conditions, or denial by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, during a duly noticed public hearing on February 19, 2008, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Nonconforming Structures, as described herein, by a vote of six to zero (6-0); and, WHEREAS, the Aspen City Council finds that the proposed text amendments to the meet or exceed all applicable standards pursuant to Chapter 26.310 and that the approval of the amendments is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfaze. WHEREAS, during a duly noticed public hearing on May 12, 2008, the Aspen City Council approved amendments to the text of Nonconforming Structures, as described herein, by a vote of five to zero (5-0); and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL as follows Section 1: Section 26.312.030 -Nonconforming Structures, shall read as follows: Sec. 26.312.030. Non-conforming structures. A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. B. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. C. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. 1. Historic structures. The first exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title and receives development review approval as required by Chapter 26.415. 2. Mandatory occupancy Accessory Dwelling Units and Carriage Houses. The second excepfion to this requirement shall be for a property with a detached Accessory Dwelling Unit or Carriage House ("ADU") having a mandatory occupancy requirement. Such a detached ADU may be enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU and also provided that the ADU does not exceed the maximum size allowed for an ADU or carriage house. The enlazgement or expansion must comply with all other requirements of this Title and shall receive development review approval as required herein. a) Procedure. The procedure for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU requires the submission of a development application. The development application shall be processed under Chapter 26.430, Special Review. b) Review Standards. An application for increasing the floor area of a property for the purpose of increasing the size of an ADU shall meet the standards in Section 26.520.050, Design Standards, unless otherwise approved pursuant to Section 26.520.080Special Review, as well as the following additional review standards: (1) Newly established floor area may increase the ADU up to a cumulative maximum of 500 sq. ft. of floor azea and is required to be mitigated by either of the following two options. (a) Extinguishment of Historic Transferable Development Right Certificates ("certificate" or "certificates"). A property owner may increase the ADU by extinguishment of a maximum of two certificates with a transfer ratio of 250 sq. ft. of floor area per each certificate. Refer to Chapter 26.535 for the procedures for extinguishing certificates. (b) Extinguishment of unused floor area from another property. A property owner may increase the maximum floor area of a property for the purpose of increasing the size of an ADU by extinguishment of a maximum of 500 square feet of available un-built floor area from one property to the ADU. (2) The additional floor area is a conversion of existing square footage which was not previous]y counted in floor area. (Example: storage space made habitable. or the additional floor area creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. (3) The additional floor area creates a unit which is more suitable for caretaker families. (4) The increased impacts from the lazger size are outweighed by the benefits of having a larger, more desirable ADU. (5) The area and bulk of the ADU structure, afrer the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. (6) For the transfer of allowable floor area through the use of Historic Transferable Development Right Certificates, the certificates shall be extinguished pursuant to Chapter 26.535, Transferable Development Rights. (7) For the transfer of allowable floor azea from anon-historically designated property to an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. D. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the zone district in which it is located. E. Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a duly authorized city official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. F. Ability to restore. 1. Non-purposeful destruction. Any nonconforming structure which is demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty-four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandazd pazcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code inc]uding single-family floor area requirements. (Ord. No. 1-2002, § 6 [part]; Ord. No. 9-2002, § 5; Ord. No. 35-2004, § 1) Section 2• This Ordinance shall not affect any existing litigation 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 recommended, and the same shall be conducted 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: A public hearing on this ordinance shall be held on the 12th day of May, 2008, at a meeting of the City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published 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 on the 24"' day of March, 2008. Attest: y/~ /`-z~ ~G L ,., ~~ -fir o Kathryn S. K , Cit Clerk Michael . Ir land, Mayo FINALLY, adopted, passed and approved this 12th day of May, 2008. Attest: 'IJGL Kathryn S. K ch, ty Clerk Sr a Michael C. r land, Mayor Approved as to form: -' /3/0~ `City ttorney