HomeMy WebLinkAboutresolution.apz.014-10RESOLUTION N0. 14
(SERIES OF 2010)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE
FOLLOWING SECTION OF THE CITY OF ASPEN LAND USE CODE:
26.575.020 -CALCULATIONS AND MEASUREMENTS
WHEREAS, the Community Development Director of the City of Aspen
initiated an application proposing amendments to the Land Use Code, pursuant to
Chapter 26.210; and,
WHEREAS, the amendments requested relate to Section 26.575.020 of the Land
Use Code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then 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, the Director recommended approval of amendments to the above
listed Sections as further described herein; and,
WHEREAS, the Planning and Zoning Commission held a duly noticed public
hearing to consider the proposed amendments described herein on June 1, 2010, and June
15, 2010, took and conside~ public testimony and the recommendation of the Director
and recommended, by a -~~ Li~ vote, City Council adopt the proposed
amendments.
NOW, THEREFORE, BE 1T RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.575.020, Calculations
and Measurements, which section authorizes, defines, describes, and depicts how various
measurements and calculations regarding development are to be accomplished, to read as
follows:
26.575.020. Calculations and measurements.
Deleted: The purpose ojlhrs .Section u'
to selJnrlh supplemental regulations
+vhich relate to method' jur calculating
and mcruuring certain enumerated
terms as usrd in tlris Title. The
Formatted: Font: Bold, Italic
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P&Z Reso. No. 14, Series 2010 Page 1.
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produce an asQregated structural component that extends beyond the setback limit of a
ara e.
Non-conforming aspects of a property or structure are limited to the specific nature of the
Lot Area is as follows:
20% slope
`Percent ofnarcel to be
included in Net ,Lot Area to_
determine allowable Floor
Area
O arcel 10 be Formatted Tabie
r Net ,Lot Area to Formatted: Font: Bold, Italic
--
rllowable Density' Formatted: Centered
Formatted: Font: Bold, Italic
Formatted: Font: Bold, Italic
100°io I Formatted: Centered
Formatted; Centered
100%
than 20% and up to 30% slope Zone - 100%
For all other properties -
50%.
than 30% slope
Zone - 100%
For all other properties - 0%.
100%
100%
Formatted: Centered
Formatted: Right: 0.25"
P&7. Reso. No. l4, Series 2010 Page 2-
convert deck space to additional interior space.
Areas below the high water
line of a river or body of 0% 0°~~
water.
Areas dedicated to the City or
County for open space or a 100% l00°io
public trail.
Areas within an existine,
proposed, dedicated, or
vacated public or private `
vehicular right-of--way or 0%
- 0%
-
vehicular easement, includine
emergency access easements.
Areas of a property subject to
above ground or below
ground surface easements
such as utilities or an 100°10 100% `
in-igation ditch that do not
coincide with vehicular
easements.
Notes:
Formatted: Centered
Formatted: Centered
Formatted: Centered
1. In instances where the natural s?rade of a property has been affected by prior- --~atted: Bullets and Numbering
development activity, the Community Development Director may accept an
estimation of pre-development topo>;raphy prepared prepared 6y a registered land
surveyor or civil engineer. The Director may require additional historical
documentation, technical studies, reports, or other information to verify a pre-
development topography.
2. There shall be no limit on the reduction in Floor Area amibutable to steep slopes
except that the total slope reduction shall not result in a property having less than
one-thousand (1,000) square feet of Floor Area.
3. Areas of a property within a shared driveway easement shall not be excluded from
Lot Area if the property abuts a public or private right-of--way and is not
dependent on the shared driveway to ~~ain access.
~. ;Yfeas____~___urirf~Floor .Jea. In measuring floor areas for floor area ratio and allowable °eietea: °
floor area, the following applies: Deleted: floor area
Deleted: that
I. General In measuring-building for the purposes of calculating floor area ratio -
and allowable floor area, there shall be included areas within the surrounding De(etea: n°°r
exterior wallsQf~_building or portion thereof When measuring from thy-exterior Deleted: (measured from their exterior
-- - surface)
walls, the measurement >hall be taken frnm_ the surf~i~c of thy: .ztcrior sh~atl;in~~_ Deleted:a
vapor harrier or weatherproofing membrane excludint; all exterior veneer and surface
Formatted: Right: 0.25"
P&Z Reso. No. l4, Series 2010 Page 3•
treatments such as stone. bricks, shingles, clapboards or other exterior veneer
' Deleted: veneer and all exterior
treatments. (Also, see provisions for setbacks - ***). treatments shau be nciuded.
2. Vertical circulation. When calculating areas with stairs or an elevator
connectin~* separate levels of a sn-ueture,~he element shall be counted on every floor Deleted: eaenflo°r-to-floor staircase is
counted onl once.
which is ct~nneeted by the elemm~t. For elevator. ~uci; :u~p of the elevator shall be '"
3. Attic Space. Unfinished and uninhabitable space between the ceiline foists and
roof rafters of a structure which is either inaccessible or accessible only as a matter of
necessity is exempt from the calculation of Floor Area Ratio and allowable Floor
Area. If the space is conveniently accessible and is eithef ha~itable or can be made
habitable it shall be counted in the calculation of Floor Area Ratio and allowable
Floor Area.
Examples:
a. an area created by a "hunk" or "false" ceilin>; is exempt. ~-. Formatted: Indent: Left: o.6s°,
Space Before: 6 pt, Aker: 0 pt
b. an area accessible only throu>;h an exterior access panel or crawl space is Formatted: Bullets and Numbering
exempt.
c. An area accessible only through an interior pull-down access ladder is
exempt.
d. a sleeping loft accessible via a stairway or a ladder shall be counted.
e. An unfinished space which has convenient access shall be counted.
Formatted: Space After: 0 pt
If any portion of the attic level of a structure is to be counted. then the entire level
shall be included in the calculation of Floor Area Ratio and allowable Floor Area
regardless of ceiling height, knee walls, or other practical limitations to routine use.
For example, under roof wins; space alon tg he edges of a sleeping loft within a roof
vault shall be counted as Floor Area.
area of a building or a
not
The calculation of the floor
i Deleted: 2
T_- -
Deleted: b
Deleted: rpo ches,
Deleted: I
Deleted: s
Deleted: of
Deleted: building
Deleted: (the excess of the fifteen
~ percent [15%] shall be included).
Deleted: and landscaped retraces
stairways, gazebos and similar features, unless the area of these features is greater
than fifteen percent (I S%) of the maximum allowable floor area _or the ~lmpert~ . [f
the area of these features exceeds fifteen percent (I i9'o) of the property's maximum
allowable Floor Area, only the areas in excess of the fifteen percent (15%) shall be
amibuted towards the maximum allowable Floor Area for the p_ropertv. The area of
these features shall be the maximum footprint of the feature incltldinu railings, fixed
seating planter boxes, overhangs. and similar structural components of the feature.
~. Porches. Porches on ~;::~,-I~a~in~ ta4a~i~_i, t~i~ ,, sr.~.:cture within thirty (30)
-- -
inches of the ,;round levy ! _shall not be counted towards ,allowable Floor Area.
6. Patios and Landscape Terraces. Patios and Landscape Ten-aces within thirty (30}
inches of finished grade shall not be counted towards allowable Floor Area.
Deleted: FAR
Formatted: Right: 0.25"
P&L Reso. No. 14, Series 2010 Page 4.
7. Gara es anc~carportsM. In all zone districts except the R-15,~ Zone Distri
purpose of calculating floor area ratio and allowable floor area fora sins~le-
Duples structure, garages an carports hall be excluded .: follo~~s:
Sipe ofGara.Qe or Carport :Irea excluded per cix~ellin.~ unit
First 0 to 250 square feet l00% of the area
Next 251 to S00 square feet 50% of the area
Areas above 500 square feet No area excluded.
for the
For any dwelling unit which can be accessed from an alley or private road entering at
the rear or side of the property, the garage or carport area shall only be excluded from
floor area calculations as described above if it is accessed from said alley or road. If
an alley or private road does exist and is not utilized, the garage or carport area shall
be attributed towards Floor Area calculations with no exclusion. If an alley or private
road does not abut the property the garage or carport area shall be excluded from
floor area calculations as described in the table above.
~'or garages that are part of a ~b~~rade area, the garage exemption is taken from the
total tiros, below-grade area before the subgrade calculation takes place. Lneed math
exam plc
In the R-15B Zone District, garage and cargort areas shall be excluded up to a ':
maximum five-hundred-square-foot exemption total for the property.
For all multi-family, commercial, lodging, and mixed-use buildings, the garage and ':
carport area shall be attributed towards Floor Area and Floor Area Ratio with no
exclusion.
~. subgrade areas. To determine the portion of subgrade areas that are to be
included in calculating floor area, the following shall apply:
a. For any story that is partially above and partially below natural or finished
grade, whichever is lower, the total percentage of exterior surface wall area
that is exposed above the most restrictive of the grades shall be the total
percentage of the gross square footage of the subject story included in the '
floor area calculation. subgrade stories with no exposed exterior surface wall
area shall be excluded from floor area calculations.
exterior wall area associated with structural comyonents of the foundation or
floors of the structure. f I?raphicl
Deleted: T
Deleted: ,
Deleted: and stomee areas
Deleted: -
-~
Deleted: a lot whose principal use is
residential
Deleted:.
Deleted: and storage areas
Deleted: up to a maxitnum area of two
hundred fifry (250) squaro feet per
dwelling unit; all garage, carport and
storage areas between two hundred fifty
(250j and five hundred (500) square feet
shall count fifry percent (50°/)towards
allowable floor area: all garage, carport
and storage areas in excess of five
hundred (500) square feet per dwelling
unit shall be included as pan of the
residential floor area calculation. For any
dwelling unit which can be accessed from
an alley or private road entering at the
rear or side of the dwelling unit, the
garage shall only be excluded from floor
area calculations up to two htmdred fifry
(250) square feet per dwelling unit if it is
located on said alley or road; all garage,
carport and storage areas between two
hundred fifty (250) and five hundred
(500) square feet shall count fifty percent
(50%) towards allowable floor area. For
the purposes of decermining the
exclusion, if any, applicable to garages,
carports and storage areas. the area of all
structures on a parcel shall be aggregated.
Deleted: basement
Deleted: In the R-IB Zone District,
gazage, carport and storage areas shall fie
limited to a five-hundred-square-foot
Deleted: ~:
Formatted: Indent: First line: 0"
example: If fifteen percent (15%) of the exterior surface wall area has been Deleted:
exposed above natural or finished grade (whichever is lower), then fifteen I - ---
Formatted: Right: 0.25"
P&Z Reso. No. 14, series 2010 Page 5.
percent (15%) of the gross square footage of the subject story will be included
as floor area. ~r~hic],
9. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or
carriage house shall be calculated and attributed to the allowable floor area for a
parcel with the same inclusions and exclusions for calculating floor area as defined in
this Section, unless eligible for an exemption as described below:
Detached and permanently affordable ADU or carriage house floor area exemption.
One hundred percent (100b/°) of the floor area of an ADU or carriage house which is
detached from the primary residence and deed-restricted as a "for sale" affordable
housing unit and transferred to a qualified purchaser in accordance with the
Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded
from the calculation of floor area, up to a maximum exemption of one thousand two
hundred (1,200) square feet per parcel.
Deleted: i
Deleted: b. For any dwelling unit that
can be accessed from an alley or private
road entering at the rear or side of the
dwelling unit, the garage °r carport shall
only be eligible for the exclusions
described in Subparagraph a. above if it is
located along said alley or road.!
c.. In the R-15B Zone District only.
garages, carports and storage areas shall
be excluded from residential floor area
calculations up to a maximum of five
hundred (SDOy square feet per dwelling
unit ¶
5. (Repealed by Ord. No. 56-2000, §8)¶
b
0. Affordable Housing,Bonus. The floor area of a parcel containing asingle-family De[eted: ~
or duplex residence and a permanently affordable "for sale" ADU or carriage house
located on the same parcel which has been transferred to a qualified purchaser in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended,
shall be eligible for an affordable housing floor area bonus equal to or less than fifty
percent (50%) of the floor area of the associated ADU or carriage house, up to a
maximum bonus of six hundred (600) square feet per parcel.
Sheds. Storage Units, and similar Accessory Structures. Sheds, storage units
greenhouses, and similar habitable or inhabitable accessory structures are exempt
from floor area limitations up to a maximum exemption of thirty-two square feet per
single-family residence or a duplex residence. Accessory structures larger than thirty-
two square feet and more than thirty inches in height shall be included in the
calculation of Floor Area. These structures shall be exempt with no limitation if
thirty inches or less in height, as measured from finished r~ ade•
12. Wildlife-resistant Dumpster Enclosures. Wildlife-resistant dumpster enclosures
located in residential zone districts are exempt from floor area requirements of the
zone district regulations if the enclosure is the minimum reasonably necessary to
enclose the trash receptacles in both height and footprint, is an unconditioned space
not located inside other structures on the property, and serves no other purpose such
as storage=garage space, or other purposes unrelated to protecting wildlife. Wildlife-
resistant dumpster enclosures located in commercial. mixed-use. or lodeinh zone
districts are not exempt from floor area requirements and shall colnpl~ with zone ___ _ ___
district requirements for Utility/Trash/Recycle areati. Deleted: 8. Linked Pavilion. Any
element linking the principal structure to
an accessory structure shall not be
Enclosures shall be located adjacent to the alley ~~ here an al lei border; the propem included in the calculation offloor area,
and shall not be located in a public right-of--way. Unless otherwise approved by the provided that the linking stricture is no
more than one (11 story tall. six (b) feet
Historic Preservation Commission, enclosures shall not abut or be attached to alt wide and ten (10) feet long. Areas of
historic structure. Enclosures may abut other non-historic structures. linking structures in excess often (10)
feet in length shall be counted in floor
arca.Q
~. Allocation of Non-Unit Space in a mixed-use building. In order to determine the ~>
total floor area of individual uses in a mixed-use building, the total floor area for non- Formatted: ~;~anc: o.zs^
PB:Z Reso. No. 14, Series 2010 Page 6•
unit space shall be allocated on a proportionate basis of the use categories outlined in
the subject zone district's FAR schedule. The building's gross floor area, minus all
non-unit space, shall be divided amongst the individual use categories in a building.
These numbers shall then be calculated as a percent of the gross floor area number
that does not include the non-unit space. A proportionate share of the non-unit floor
area shall then be allocated towards each use category. This provision shall apply to
all zone districts permitting mixed-use buildings.
For instance, if a building was comprised of the following square footages:
2,000 sq. ft. commercial floor area
+ 4,000 sq. ft. free-market residential floor area
+ 2,000 sq. ft. affordable housing floor area
+ 1,000 sq. ft. nonunit floor area
= 9,000 sq. ft. total floor area
Then the total unit floor area in the building would be eight thousand
(8,000) square feet floor area. Using the allocation of nonunit space
standard, the uses account for the following percentages of the total unit
floor area:
commercial floor area = 25%
free-market residential floor area = 50%
affordable housing floor area = 25%
Therefore, the one thousand (1,000) square feet of nonunit space is
allocated to the different uses as follows:
commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft.
affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
(Ord. No. 12-2007)
E. Measuring Setbacks.
~1. General. Required setbacks shall be unoccupied and unobstructed within an area ___ j Formatted: Font: Itaiic, Underline
extending horizontally from the parcel boundary to the setback line and vertical) a
and below grade, exceptin>; allowed projections as described below.
Required setbacks shall be measured perpendicular from all points of the parcel boundary
to the outmost exterior of a structure, inclusive of all exterior veneer such as brick, stone
or other exterior treatments, but excluding allowed projections. j~aphic]
~.__DetermininQ Front. _Rear, and Sid_ e Yards. The front yard setback shall be measured ~ Formatted: Fonc: ttaiic, underline
from the front lot line. The Front Lot Line shall be the parcel boundary closest to or
dividing a lot from a Street or street ri>?ht-of--way. There shall not be more than one front
Formatted: Right: 0.25'
P&Z Reso. No. 14, Series 2010 Page 7•
lot line. For comer parcels, the front lot line shall be the parcel boundary along the Street
with the longest block length and the remaining boundary shall be a side lot line.
gra hic
For corner parcels where the parcel boundary curves to follow a curving Street the
midpoint of the curve shall be used to differentiate the front lot line and the side lot line.
In this case, the boundary segment with the greatest Street frontage shall be the front lot
line. [graphic]
Reverse curye_lots shall be treated as a double corner lot with the center third (l/3) of the
curve being the front lot line and the two opposing parcel boundaries being the side lot
lines such that rectilinear setbacks are approximated. phic]
For parcels with Streets on opposite sides of the parcel, the front lot line shall be the
parcel boundary with the greatest Street frontage and the opposing boundary shall be the
rear lot line. raphic]
The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall
be the parcel boundary opposite the front lot line. A parcel shall have only one rear lot
1 ine.
Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those
parcel boundaries other than a front or rear lot line. A parcel may have more than two
side lot lines.
The Community Development Director shall resolve any discrepancies or situations
where the foregoing text does not provide definitive clarity by issuance of a recordable
administrative determination.
rmatted: Font: Not Bold
regulations along the closest boundary of the right-of--way to the proposed structure.
When a property's lot line does not extend into the right-of--way, the required yard
setback shall equal the minimum distance specified under zone district regulations from
the lot line. Please refer to Figure 575.1 below, Required setback from a private road or
right-of-way.
P&Z Reso. No. 14, Series 2010
Formatted: Right: 0.25"
Page 8.
4
._
~
~
_
FiQUre 57~. I Required Setback From a Private Road or Right-of--Way
4. Combined Yards. Where zoningprovisions require a combined setback (either front-
rear or side-sidej, the setbacks shall be consistent along the affected parcel boundaries.
a hic
,J. Allowed Pr~ections into Setbacks. Setback azeas_ shall be unobstructed above and Formatted: Font: Not Bold
below ground except for the following allowed projections:
a. Above or below ground utilities, including dry wells or other drainage
infrastructure.
b. Trees and vegetation.
#. Flagpoles, mailboxes, address markers
c. Foundation footers, soil nails or below-grade tiebacks, and similar improvements
necessary for the structural integrity of a building? or other structures.
d. The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus as
may be required or practically necessary.
e. Building eaves, bay windows, window sills, and similar architectural projections
up to eighteen (18) inches.
f. Balconies not utilized as an exterior passageway may extend the lesser of one-
third ('/,l of the way between the required setback and the property tine or four (4)
feet. In no case shall the projection be allowed closer than five (5) feet to :~
Formatted: Right: 0.25"
P&Z Reso. No. 14, Series ?010 Page 9•
property line This proiection is allowed for balconies only and does not permit
projections of other improvements, such as garages or carports.
g. The minimum projection necessary to accommodate an exterior-mount fire escape
to an czistint; buildin~~, as may be required by adopted Building or Fire Codes.
h. Uncovered porches landscape terraces, slabs, patios, walks, landscape walls,
earthen berms drainage swales retaining walls, steps and similar structures,
areas entirely recessed behind any facade of a structure facing a Street. [graphicl
(Also see Section 26.575.050 -Supplementary Regulations for limitations on
fence materials.)
j. Driveways not exceeding twenri-four (24) inches above or below natural r~ ade
within any setback of ayard facing a Street. Within all other required setbacks,
k Non-permanent features which are not affixed to the ground such as movable
patio furniture outdoor seating or a picnic table barbeque grills, children's play
equipment and similar non-permanent features which are not affixed to the
'rg_ound.
Hot tubs, spas, pools, water features, and permanently affixed outdoor gills
furniture seating areas, and similar permanent structures shall be prohibited in all
yards facing a Street. These elements may be placed within non-street facing
yards but shall not exceed thirt~30) inches above or below finished grade. These
features maybe up to thirty (30) inches above and below finished grade
simultaneously. Improvements may exceed thirty (30) inches below grade if
determined to be necessary for the structural integrity of the improvement.
m. Heatine and air conditioning eauipment and similar mechanical eaui
be prohibited in all yards facing a Street. Mechanical equipment may be placed
within non-street facing_yards but shall not exceed thim~ (30} inches above or
below tlnishzd evade. These features mal' be up co thirty 1 ~U ~ ~n~h~s ab~>~ ~ and
below finished grade simultaneousl
Formatted: Right: 0.25"
P&Z Reso. No. 14, Series 2010 Page 10•
improvements may exceed thirty (30) inches below grade if determined to be
necessary for the structural integrity of the improvement or for minimum required
window e *r~ss.
n The height and placement of energy production systems and equipment which are
located ad~'acent to or independent of a building shall be established by the
Planning and Zoning Commission pursuant to the procedures and criteria of
Chapter 26 430 -Special Review These svstems are discouraged in all yards
facine a Street. For energy production svstems and equipment located on top of a
structure, see Section ***
o. Wildlife-resistant dumpster enclosures located in residential zone districts shall be• Formatted: Indent: Left: 0.25^,
prohibited in all yards facine a Street. These facilities may be placed within non- l Hanging; o.2s°
street facing yards if the enclosure is the minimum reasonably necessary to
enclose the trash rec~tacles in both height and footprint, is an unconditioned
space not integrated with other structures on the property, and serves no other
purpose such as storage, garage space, or other purposes unrelated to protecting
wildlife. Wildlife-resistant dumpster enclosures located in commercial, mixed-
use or lodging zone districts are not exempt from setback requirements and shall
comply with zone district requirements for Utility/Trash/Recycle areas.
Temporary intermittent placement of trash containers in or along_yards facine a
Street is allowed. For example, on "trash da rte."
Enclosures shall be located adjacent to the alley where an alley borders the
structures.
--
For the purposes of measuring height within the footprint of a building,
the points around the perimeter of the building as described above, shall
be projected from side to side to establish a two dimensional plane ~ Formatted: Right: 0.25"
P&Z Reso. No. l4, Series 2010 Page l It
In instances where the natural grade of ~ property has been affected by -_.. Formatted: Font: ti pt
prior development activity the Community Development Director may
accept an estimation of pre-development topography prepared by a
representing the ground. The height of the structure within the footprint of
the building shall be measured using this Bound plane.
When measuring roofs to a point between the ridge and the eave point, the
eave point shall be the point in the roof plane of a structure or buildine
which intersects with the exterior wall surface j rg_aphic]
Lodge (CL) Neighborhood Commercial (NC) and Service Commercial Industrial
(SCI) Zone Districts the height of the building shall be the maximum distance
between the ground and the roof top, roof ridge. parapet, or top-most portion of
the structure.
3 For properties in all other Zone Districts the height of the building shall bey'
measured according to the pitch of the roof as follows:
a. _Flat roofs or roofs with a
with a roof pitch of less tl
roof top or roof ridge. 1ur<
b. Roofs with a J~irrh from 3
ruot~ halfway between the eave point and the ridge_,The ridge of,~roof
shall not extend~nc7re than five (5) feet above the maximum height limit. •
c. _Roofs with a itchQreute,• rlurrr~'.•1~. The height of a building with a root '~
it1) Ch greater than 7: 12 shal I he measured From the ~~round o he point ref the ~,~ •~, `.,
roof one-third ('/3) of the distance up from the eave point to the ridge There '~'~:;,. ~~,
shall be no limit on the height of the ridge. ,.,', '
d For roofs with multple pitches within one vertical plane, the heip_ht of the roof './;;';~;~•,
shall be measured based on the pitch of the highest element according to the ~~``'`
methodology described above.
e For barrel-vault roofs height shall be measured by drawing a line within a
vertical section between the top-most point of the roof and the Eave Point(s)
and then applying the methodology for the resulting pitch of said line(s).
f. Dormers shall be excluded from the calculation of height if the footprint of the
dormer is 50°'0 or less of the roof plane on which the dormer is located.
Otherwise. donn~rs shall be calculated according to the method described
above
Formatted: Bullets and Number
Formatted: Indent: LeR: 1"
Formatted: Indent: Left: 0.25"
Formatted: Bullets and Numbering
Deleted: «>~lethods of measurement
for varying types of roofs. ¶
In the Commercial Core (CC),
Cwnmercial Lodge (CL), Neighborhood
Commercial (NC) and
Service/ComrnercialAndustrial (S/C/1)
Zone Districts, the height of the building
shall be the maximwn distance measured
vertically from the natural or finished
grade, whichever is lower, to the top,
ridge or parapet of the structure. For
structures in all other Zone Districts, the
height shall he measured as follows:
Deleted: ti,e - - -- --
Deleted: the ma~imwn distance
Deleted: from the natural or finished
grade, whichever is lower,
DCletetl: edge of a tlat, mansard or
other nwf with a slope of less than 3:12.
Deleted:.rr„r~~-
Deleted: For roofs
Deleted: slope
Deleted: , heighc
Deleted: vertically
Deleted: from the natural or finished
Evade, whiche~ er is lower,
Deleted: mean height
Deleted: of a gable. hip, gambrel or
other similar pitched roof.
Deleted: a gable, hip, gambrel or other
pitched
Deleted: over
Deleted: ~/~y~c
Deleted: ref'
Deleted: ~~
Deleted: ur.~rcater
Deleted: For roofs
Deleted: slope of g:12 or
Deleted: ,height shall be meastt(-f11
Deleted: a
Formatted: Riqht: 0.25"
P&Z Reso. No. 14, Series 2010 Page
as shakes shin#~les or other veneer treatments or ornamentation.
r•
4. Allowed Exceptions to Height Limitations
Deleted: Chitruteys and other
appurtenances may extend up to a
"""-------~" "-- ~ ----- maximtun of two (2) reel above the ridge.
~__ _
Formatted: Indent: Hanging: 0.56",
Tabs: 0.5". Left + 0.63", Left
a,Chimneys, ,lees nd rt imilcn• ~rrilih^unnaratus. C~t. imneys, flues, vents, and Deleted: d.
,similar ~rtilit~ apparatus shall not extend Tnore than ten (10) feet above the '': petered: nureenas
hei~~ht of the building atat the point the device connect; or more than ten (10) ',
' ~-
~ ---
feet above the specified maximum height limi~or roofs with a pitch of Deleted: other
--
8:12 or greater, these elements may not extend more than two (2) feet above .,
' Deleted: ~rrrr,rren
t
t
t
d
a
n
the hi~,hest ridge of the structure,. :.
n
cnna'
e
e
e
Deleted: c
h Conununicztions Equipment Antennas satellite dishes and similar Deleted: or
communications equipment and devices shall comply with jtelecom sectionl Deleted: structure;
c Elevator and Stair Enclosures On any structure other than asingle-family or ' Deleted: over
duplex residential building elevator overruns which do not provide COOP Deleted:,except
access shall not extend more than five (5) feet above the specified maximum Deleted: f
height limit Elevator enclosures and stair enclosures providing roof access Deleted:.
shall not extend more than ten (10) feet above the specified maximum height __
limit if set back from any Street facing facade of the building a minimum of
d Rooftop Railings On any structure other than asingle-family or duplex
residential building_rooftop railings. parapet walls, and similar safety devices
similar mechanical equipn
,~r-ore than five (5) feet
equipment is attached.
not
f. Enerev Production Systems and Equipment. Energy production systems and
equipment includin sg olar panels wind turbines or similar systems and the
system's associated equipment which is located on top of a building shall not
extend more than five (~) feet above the height of the building at the point
the equipment is attached. On any structure other than asingle-family or
duplex residential building these stems may extend up to ten (10) feet
above height of the building at the goint the equipment is attached if
ap rp Dyed pursuant to Commercial Design Review.
'i Deleted: ~4'ater towers, solar panels
_ _ - ~, Deleted:
__- 'Deleted: over
--- - ~ Deleted: the specified maximum height
hmrt
Formatted: Right: 0.25"
P&Z Reso. No. l4, Series 2010 Page 13•
enclosures shall not be allowed a hei hg t exception.
Commission pursuant to the procedures and criteria of Chapter 26.430 -
S~ecial Review. (Also see setback requirements for these systems ***.)
g_Church spires, bell towers and like architectural projections, as well as flag
poles, may extend over the specified maximum height limit.
~. Exceptions for buildings on slopes. The maximum height of a building's front• . Deleted: 2
(street-facing) facade may extend for the first thirty (30) feet of the building's Formatted: Indent: Left: 0.5"
depth.
i. ~~ct:ptions for li~~htwells. Exceptions for areaways, light wells and basement
stairwells. An areaway, light well or basement stairwell of less than one
hundred (100) square feet, entirely recessed behind the vertical plane
established by the portion of the building facade which is closest to the street
and enclosed on all four (4) sides to within eighteen (18) inches of the first
floor level shall not be counted towards maximum permissible height.
G. ~tfeas ~rr,'r, Site coverage. Site coverage is typically expressed as a percentage.
When calculating site coverage of a structure or building, the exterior walls of the `,
structure or building at ground level should be used. ~~`hen measurin~~~ to the exterior
barrier or weatheroroofin~ membrane excludln7 all exterior veneer and surface
treatments such as stone. bricks shingles, clapboards or other exterior veneer treatments.
Porches, roofs or balcony overhangs, cantilevered building elements and similar features
extending directly over grade shall be excluded from maximum allowable site coverage
calculations.
~-I. Measurement of ~molition. The City Zoning Officer shall determine if a building
is intended to be or has been, demolished by applying the following process of
calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram
showing the following:
1. The surface area of all existing (prior to commencing development) exterior wall
assemblies above finished grade and all existing roof assemblies. Not counted in
the existing exterior surface area calculations shall be all existing fenestration
(doors, windows, skylights, etc.).
2. The exterior surface area, as described above, to be removed. Wall area or roof
area being removed to accommodate new or relocated fenestration shall be
counted as exterior surface area being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with
an area tabulation.
leted: 3.
Deleted: L:. Lut ureu. Excep[ in the
R-ISB Lone District, when calculating
floor area ratio, lot areas shall include
only areas with a slope of less than
twenty percent (20 % ). In addition, half
(.50) of lot areas witlt a slope of twenty to
thirty percent (20-30°6) may be counred
towazds floor area ratio; areas with slopes
of greater than thirty percent (30%) shall
be excluded. The total reduction in FAR
attributable to slope reduction for a given
site shall not exceed twenty-five percent
(z5°~) T
Also excluded from total lot area for the
purpose of floor area calculations in all
zone distracts is that area beneath the high
water line of a body of water and that
area within a vacated right-of--way or
within an existing or proposed dedicated
rightrof--way or surface easement. Lot
area shall include any lands dedicated to
the Ciry or County for the public trail
,rystem, any open irrigation ditch or any
lands subject to an above ground or
below ground surface easement such as
utilities that do not coincide with road
easements. When calculating density, lot
azea shall have the same exclusions and
inclusions as for calculating floor area
ratio except for exclusion of areas of
Deleted: E
Deleted: d
Formatted: Right: 0.25"
P&Z Reso. No. 14, Series 2010 Page 14.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that
element in addition to the necessary subsurface components for its structural integrity,
including such items as studs, joists, rafters etc. If a portion of a wall or roof structural
capacity is to be removed, the associated exterior surface area shall be diagrammed as
being removed. [f a portion of a wall or roof involuntarily collapses, regardless of the
developer's intent, that portion shall be calculated as removed. Recalculation may be
necessary during the process of development and the Zoning Officer may require updated
calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New,
relocated or expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of
demolition. Sub-grade elements and interior wall elements, while potentially necessary
for a building's integrity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of
the exterior to be removed shall be divided by the surface area of all portions of the
exterior of the existing structure and expressed as a percentage. The Zoning Officer shall
use this percentage to determine if the building is to be or has been demolished according
to the definition in Section 26.104.100, Demolition. If portions of the building
involuntarily collapse, regardless of the developer's intent, that portion shall be calculated
as removed.
It shall be the responsibility of the applicant to accurately understand the structural
capabilities of the building prior to undertaking a remodel. Failure to properly
understand the structural capacity of elements intended to remain may result in an
involuntary collapse of those portions and a requirement to recalculate the extent of
demolition. Landowner's intent or unforeseen circumstances shall not affect the
calculation of actual physical demolition. Additional requirements or restrictions of this
Title may result upon actual demolition.
(Ord. No. 44-1999, §7; Ord. No. 5~-2000, § 14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-
2001, §§6, 7; Ord. No. 46-2001, §4; Ord. No. ~5, 2003, §§2-4; Ord. No. 12-2006, §19;
Ord. No. 12, 2007, §32)
definition et leasable commercial and office space. Those areas within a
commercial or office building which are, or which are designed to be, occupied for _ ~~~
commercialpurposes,- _
includi~ interior partitions and inclusive of all areas which can be leased to an individual
tenant including offices hallways meeting rooms display areas, showrooms, kitchens,
dining_rooms coat rooms bathrooms storage storage rooms, walk-in refrieerators or
freezers chan~Cing rooms waitin>; rooms and similar space which may be leased to a
tenant. The calculation of Net Leasable Space shall exclude~ommon areal ~~'..: huildin
not intended or designed to be leased to an individual tenant such as~onu~i~tr~ bathrooms,
Deleted:26.575.04U. Yards.¶
A.. PrnjecNanr inlu rcyuired yards.
Yards shall be unobstmcted from the
ground to the sky except For the following
allowed projections:¶
l.. Building eaves -Eighteen (l8)
inches:!
2. Architectural projections -Eighteen
(18)inches:¶
3.. Balconies not utilized as an exterior
passageway may extend the lesser of one-
third ('ii) of the way between the required
setback and the property line or four (4)
feet.¶
4. Fire escapes required by the
International Building Code -Four (4j
feet;¶
5.. Uncovered porches, slabs, patios,
walks, retaining walls, sups and similar
structures, which do not exceed thirty
(30) inches above or below natural ~Rade
or fitushed grade, whichever is more
restrictive, shall be permitted to project
into the yard without restriction.
Projections may exceed thirty (30) inches
below grade if detennined to be required
by the Chief Building Official for
window egress.¶
6. -Fences, hedges, berms and walls less
than six (6) feet in height, as measured
from natural grade, aze permitted in all
required yard setbacks. (See
Supplementary Regulations -Section
26.575.050, Fences.).„
7.. Driveways. Driveway access shall
not exceed a depth or height greater than
twenty-four (24) inches above or below
grade within the required front yard
setback. Within all other required
setbacks, driveway access shall not
exceed a depth or height greater than
thirty (30) inches above or below grade.
Parking is only permitted within required
setbacks if it is in an approved driveway
or other area approved for parking.¶
8. Exterior merchandizing. Exterior
merchandizing in nonresiden[ial zone
districts shall be prohibited in all required
yard setbacks,¶
9.. Mechanical equipment. Mechanical
equipment shall be prohibited in all front
yard setbacks. On comer lots,
mechanical equipment may not be placed
Deleted: ~',.
Deleted: leased to a bettant end
Deleted: or otTice
Formatted: Indent: Left: 0", First
line: 0", Tabs: 0.5", Left + Not at
0.98"
Formatted: Font: Italic
Deleted:. exclusive of any
Deleted: including, but not necessarily
limited to. areas dedicated to
Formatted: Right: 0.25"
P&Z Reso. No. 14, Series 2010 Page 15•
common stairways, common circulation corridors, common mechanical areas, common _ Deletedaud
storage areas or similar common spaces not intended or desi~med to be leased to ari j Deleted:provided,however,thatthese
and I V Id Ual tenanC. ~ areas aze aced solely by tenants on the
--
site. _
Permanently installed interior airlock spaces are exempt from the calculation of net' Formatted: Indent: Left: 0", First
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks line: o"
installed on the exterior of a building shall be considered Net Leasable Area and shall be
subiect to all r~uirements of the Land Use Code according, to the proportion of the year
in which it is installed.
Unless specifically exempted through other provisions of this Title, outdoor disDlays
The calculation of such area shall be the maximum footprint of the dis>71av or vending
apparatus For vending carts or similar commercial activities requiring an attendant, the
calculation shall also include a reasonable amount of space for the attendant.
t _- - Formatted: Indent: Left: 0.38",
First line: 0"
Idefinitionl Net livable area. The areas within a building which are, or which are--- I Formatted: Indent: Hanging: 0.03°
designed to be, used for habitation and human activity_ Deletedavailable _~
include all interior snag measured from interior wall to interior wall, including interior
partitions and inclusive of, but not limited to, entry ~~ ~~~_~ or lobbies dedicated to only one
- ---
unit. habitable basements, and storage areas, closets and laundry areas accessible from
shall not include uninhabitable basements, mechanical areas, stairs, unconditioned
Formatted: Indent: Left: 0", First
line: 0", Tabs: 0.5", Left + Not at
0.98"
Formatted: Font: Italic
Formatted: Font: Bold, Italic
Deleted: interior
Deleted: ;but excluding
Deleted: exterior
Deleted: stairwells,
Deleted: (anached or
Deleted: and
Formatted: Font: Bold, Italic
Formatted: Font: Bold, Italic
Formatted::-opt: Bold, Italic
' Formatted: Font: Bold, Italic
Formatted: Font: Bold, Italic
Formatted: Font: Bold, Italic
,.Formatted: Right: 0.25"
P&7. Reso. No. 14, Series 2010 Page 1(r
administrative decision.
compliance with building fire or accessibilitycodes in or on existing buildings when no
other practical solution exists The Community Development Director must first
determine that the visual impact of the exemption is minimal and that no other reasonable
way to implement code compliance exists Approval shall be in the form of a recordable
admini;u~atiw decision.
Section 2:
A public hearing on the Resolution was held on the 1 S` and 15`h days of June, 2010, at 4:30
p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where more than
fifteen (I S) days prior a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
FINALLY, adopted, passed and approved this 1 S`t' day of June, 2010.
Attest:
ty Clerk
Stan Gibbs, Chair
Approved as to form:
ity Attorney
Formatted: Right: 0.~5"
P&7. Reso. No. 14, Series 2010 Page 17•
Page 12: [1] Deleted chrisb 6/1/2010 3:57:00 PM
height shall be measured vertically
Page 12: [2] Deleted chrisb 4/9/2010 11:51:00 AM
the natural or finished grade, whichever is lower,
Page 15: [3] Deleted chrisb 3/29/20104:17:00 PM
26.575.040. Yards.
A. Projections into required yards. Yards shall be unobstructed from the ground to the
sky except for the following allowed projections:
1. Building eaves -Eighteen (18) inches;
2. Architectural projections -Eighteen (18) inches;
Balconies not utilized as an exterior passageway may extend the lesser of one-
third ('/3) of the way between the required setback and the property line or four (4)
feet.
4. Fire escapes required by the International Building Code -Four (4) feet;
5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar
structures, which do not exceed thirty (30) inches above or below natural grade or
finished grade, whichever is more restrictive, shall be permitted to project into the
yard without restriction. Projections may exceed thirty (30) inches below grade if
determined to be required by the Chief Building Official for window egress.
6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from
natural grade, are permitted in all required yard setbacks. (See Supplementary
Regulations -Section 26.575.050, Fences.).
Driveways. Driveway access shall not exceed a depth or height greater than
twenty-four (24) inches above or below grade within the required front yard
setback. Within all other required setbacks, driveway access shall not exceed a
depth or height greater than thirty (30) inches above or below grade. Parking is
only permitted within required setbacks if it is in an approved driveway or other
area approved for parking.
8. Exterior merchandizing. Exterior merchandizing in nonresidential zone districts
shall be prohibited in all required yard setbacks.
9. Mechanical equipment. Mechanical equipment shall be prohibited in all front
yard setbacks. On corner lots, mechanical equipment may not be placed in the
setback of any yard facing a street.
10. Trash containers. Wildlife-resistant refuse containers and Dumpster enclosures
that meet the requirements of Chapter 12.08 of this Code (Wildlife Protection)
shall be allowed in the setbacks. Permanent placement of trash containers shall be
prohibited in all front yard setbacks. On corner lots, permanent placement of
trash containers shall not be permitted in the setback of any yard facing a street.
B. Required yards adjacent to private streets or rights-of--way. Where there is no public
dedication and the lot line extends into the right-of--way, the required yard setback shall
equal the minimum distance specified under the zone district regulations along the closest
boundary of the right-of--way to the proposed structure. When a property's lot line does
not extend into the right-of--way, the required yard setback shall equal the minimum
distance specified under zone district regulations from the lot line. Please refer to Figure
575.1 below, Required setback from a private road or right-of--way.
_C~__~ ~_
Figure 575.1 Required Setback From a Private Road or Right-of--Way
C. Corner lots. On a lot bordered on two (2) sides by intersecting streets, the owner
shall have a choice as to which yard shall be considered as the front yard, which shall
meet minimum setbacks for a front yard in that zone district. The remaining yard
bordering a street shall be two-thirds (z/3) of the required front yard sztback distance for
the zone district. The rear yard must coincide with the rear alignment of neighboring
lots, regardless of which yard is considered the front yard by the owner.
D. Transitional yards. Where two (2} lots which share a common side lot line are in
different zone districts, the lot in the more intensive zone district shall observe the
required yard setback distance as established for the less intensive use zone district.
E. Nonaligned lots. For any lot in the R-6 Zone District in excess of nine thousand
(9,000) square feet which is not aligned along the traditional Aspen Townsite lot lines,
the building inspector shall measure the side yards from the two (2) shortest sides of the
lot which are opposite from each other and the front and rear yards from the two (2)
longest sides of the lot which are opposite from each other. (Ord. No. 13-2005, §3; Ord.
No. 50-a-2005, §6; Ord. No. 12, 2007, §§33, 34)