HomeMy WebLinkAboutcoa.lu.ca.calculations & measurements 0042.20110042.2011,ASLU 130 S. GALENA ST
CODE AMEND
C01 ri I A I �. ..-
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0042.2011.ASLU
PARCEL ID NUMBER NO PARCLE (CODE AMENDMENT)
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER DREW ALEXANDER & CHRIS BENDON
CASE DESCRIPTION CODE AMENDMENT CALCULATIONS AND
MEASUREMENTS
REPRESENTATIVE CITY OF ASPEN
DATE OF FINAL ACTION 6.7.11
CLOSED BY ANGELA SCOREY ON: 06.7.11
MEMORANDUM Vill
TO: Mayor Ireland and Aspen City Council
FROM: Chris Bendon, Community Development Director
DATE: November 8, 2010
RE: Second Reading of Ordinance No. 27, Series 2010.
Land Use Code Amendments
• Calculations and Measurements
• Definitions
SUMMARY:
Staff is proposing a wholesale rewrite of the City's Calculations and Measurements
section of the Land Use Code. This section describes how development is reviewed for
compliance with dimensional limitations such as floor area, height, setbacks and the like.
This rewrite is intended to clean-up the areas where staff has had to interpret the language
by providing clearer wording, example calculations, and graphics. There are some minor
substantive changes to the provisions and staff will highlight those during second
reading.
Staff has done some outreach with local architects in preparation of this ordinance.
Feedback has been positive concerning the additional clarity, examples, and graphics.
There is strong support from architects regarding measuring floor area to the exterior face
of a building's framing, rather than to the exterior of finish materials. This will simplify
the City's code and will parallel the County's code.
There is significant pushback regarding the measurement of Net Lot Area. The City
reduces development rights for the presence of steep slopes. Currently, there is a limit on
the possible reduction to Floor Area — the presence of steep slopes cannot reduce a
parcel's floor area by more than 25%. The Planning and Zoning Commission considered
several options and recommended it be changed to reduce a property's floor area down to
a potential of 1,000 square feet. This does represent a substantive change and much of
the feedback suggests that more awareness of this type of change is necessary. The
language is on page 4, note number 3, of the track -changes ordinance. For the meeting,
staff will have an estimate of the number of parcels that this could affect.
Staff will present a general overview of the amendments and is seeking initial Council
feedback. The ordinance does need additional work, especially on proposed graphics.
Staff would like to gain Council feedback then issue a revised draft ordinance to local
architects and planners for any final comments prior to returning to Council for a
decision.
Attached are two versions of code text — Existing text from the Land Use Code and an
ordinance showing "track changes" highlighting the amendments.
The Planning and Zoning Commission recommended adoption of these amendments by a
4-1 vote. Their minutes are attached. Staff is requesting City Council discuss the
amendments, identify provisions that need more work, and continue the hearing to
December 131n.
APPLICANT:
City of Aspen
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend by
Resolution the City Council to approve, approve with conditions, or deny the application.
City Council is the final review authority.
RECOMMENDATION:
Staff recommends staff present an overview of the amendments, City Council discuss and
provide direction, and the hearing be continued to December 131h for further
consideration.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to continue Ordinance No. 27, Series 2010, to December 13, 2010."
ATTACHMENTS:
Ordinance No. 27 showing track changes text
Exhibit A — Existing code text
Exhibit B — Planning and Zoning Commission minutes.
ORDINANCE NO. 27
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE FOLLOWING SECTIONS OF THE CITY OF
ASPEN LAND USE CODE:
26.575.020 — CALCULATIONS AND MEASUREMENTS
26.104.100 — DEFINITIONS
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 considered public testimony and the recommendation of the Director
and recommended, by a four to one (4-1) vote, City Council adopt the proposed
amendments; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Ordinance No. 27, Series 2010 Page 1
Section 1
Section 26.575.020, Calculations and Measurements, of the City of Aspen Land Use
Code, which section authorizes, defines, describes, and depicts how various
measurements and calculations regarding development are to be accomplished, shall read
as follows:
26.575.020. Calculations and Measurements.
J. Purpose. This section sets forth methods for measuring floor area, height, setbacks,
-.--'Deleted:
Deleted: The purpose ojthisSection is'
and other dimensional aspects of development and describes certain allowances,
'��
/ementrrl regulationscul
ich
requirements and other prescriptions for a range of structural components, such as
w relaorthte to
which relate to mefhndc jor calculating
i
and measuring certain enumerated
Pporches, balconies, garages, chimneys, mechanical equipment, ro ections into setback
�—P ] 5io..
ternu us used in this Title. The
etc. The definitions of the terms are set forth at Section 26.104.100 — Definitions.
definitions of the terms are set forth at
.Section 26.104.100.1
Formatted: Font: Bold, Italic
�. Limitations.. The prescribed allowances and limitations, such as height, setbacks, etc., t `
Formatted: Font: 12 pt
of distinct structural components shall not be aggregated or combined in a manner that
Formatted: Font: 12 pt
supersede%the dimensional limitations of an .individual structural component. For
;;,•,
Formatted: Font: 12 pt
example, if a deck is permitted to be developed within five feet of a property boundary
�; t,',
Formatted: Font: Bold
and a arage must be a minimum of ten feet from the same property boundary, agarage
',
Formatted: Font: Not Italic
with a deck on top of it may not be developed any closer than ten feet from the property
Formatted: Font: Not Italic
boundary or otherwise produce an aggregated structural component that extends beyond
Formatted: Tabs: 0.25", Left
the setback limit of a garage.
i''
Formatted: Font: Not Italic
Formatted: Font: Not Italic
Non -conforming aspects of a property or structure are limited to the specific physical
mature of the non -conformity. For example, a one-story structure which extends into the
FFormatted: Font: Not Italic
ck mno
setbaay t be developed with a second -story addition unless the second story
rr^actea: Font: Not Italic
complies with the required setback.
Specific non -conforming aspects of a property cannot be converted or exchanged in a
Formatted: Font: Not Italic
manner that creates or extends a different specific non -conforming aspect of aproperty.
For example, apropeM that exceeds the allowable floor area and contains deck area that
exceeds the amount which may be exempted from floor area cannot convert deck space
into additional interior space. ----------------------------------
Formatted: Font: Not Italic
C. Measuring Net Lot Area. A property's development rights are derived from Net Lot
Area. This is a number that accounts for the presence of steep slopes, easements, areas
under water, and similar features of a property. The method for calculating a parcel's Net
Lot Area is as follows:
Table 26.575.020 - I
Percent ofaarcel to
Percent ofpareel to
be included in Net
Lot Area to
determine allowable
be included in Net
Lot Area to
determine
allowable Density
Floor Area
Ordinance No. 27, Series 2010 Page 2
Formatted Table
Areas of a parcel with 0% to 20% slope. Notes
100%
100%
Areas of a parcel with more than 20% and up
For properties in the
100%
to 30% slope. Notes 2, 3.
R-15B Zone: 100%
For all other
properties: 50%.
Areas of a parcel with more than 30% slope.
For properties in the
100%
Notes 2, 3.
R-15B Zone: 100%
For all other
properties: 0%.
Areas below the high water line of a river or
0%
0%
natural body of water. Note 1.
Areas dedicated to the City or County for open
100%
100%
space or a public trail.
Areas within an existing, proposed, dedicated,
0%
0%
or vacated public vehicular right-of-way,
public vehicular easement, or vehicular
emergency access easement.
Areas within an existing_ proposed, or
0%
0%
dedicated private vehicular right-of-way or
vehicular easement. Note 4.
Areas within a vacated private vehicular right-
0%
0%
of-way or vehicular easement, when any
affected parcel has no other established
physical and legal means of accessing a public
way. Note 4.
Areas within a vacated private vehicular right-
100%
100%
of-way or vehicular easement, when all
affected parcels have established alternate
physical and legal means of accessing a public
way. Note 4.
Areas of a grope subject to above ground or
100%
100%
,
below ground surface easements such as
utilities or an irrigation ditch that do not
coincide with vehicular easements.
Ordinance No. 27, Series 2010 Page 3
Notes for Table 26.575.020 - l:
1. Lot Area shall not be reduced due to the presence of man-made water courses--or-
features such as ditches or ponds.
2. In instances where the natural grade of a property has been affected by prior
development activity, the Community Development Director may accept an estimation
of pre -development topography prepared by 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.
3. Staff Recommended laneuaee (existine code) There total reduction in Floor Area
attributable to a property's slopes shall not exceed 25%.
P&Z Recommended laneuaee — 3. There shall be no limit on the reduction in Floor
Area attributable 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.
4. Areas of a property within a shared driveway easement, when both properties sharing -
the easement abut a public right-of-way, shall not be excluded from Lot Area. The
enables adjacent property owners to combine their driveways into one without
reducing development rights. When one of the properties relies on access through
another parcel, the area of the access easement shall be deducted from Lot Area as
provided in the table above.
[graphic]
P_ _ Measuring_Floor dreg. In measuring floor areas_ for floor area ratio and -
allowable floor area, the following applies:
1. General. In measuring A building for the purposes of calculating floor area ratio
------------ ----
and allowable floor area, there shall be included areas within the surrounding
-----------------------
exterior walls offbuilding or portion thereof. When measuring from the exterior
walls, the measurement shall be taken from the exterior face of framing, exterior face '';
of structural block, exterior face of straw bale, or similar exterior surface of the
nominal structure excluding sheathing, vapor barrier, weatherproofing membrane,
exterior -mounted insulation systems, and excluding all exterior veneer and surface
Ordinance No. 27, Series 2010 Page 4
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: A
Formatted: Font: 12 pt
Deleted: a
Deleted: floor area
Deleted: that
Deleted: floor
Deleted: (measured from their exterior
surface)
Deleted: a
treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior
veneer treatments. (Also, see provisions for setbacks - ***).
OUTSIDE INSIDE
Window Exterior Face
Property of Framing
Line
tt Window Sill
Wood Veneer �y
r
Stone Veneer
Setback measured to J�� Floor Area Measured to Face of Framing
edge of veneer I
Figure 26.575.020 — 1: Measuring to Face of Framing
2. Vertical circulation. When calculating vertical circulatior4 be� circulation --
element shall be counted as follows:
a. For elevators, each stop of the elevator shall be counted as if it were a solid
floor. Mechanical and overrun areas above the top -most stop shall not be
counted as Floor Area. Areas below the lowest stop shall not be counted as
Floor Area.
b. For stairs, the area of the stairwav shall be Droiected down and counted on the
lower of the two levels connected by the element and not counted as Floor
Area on the top -most floor connected by the stairway. When a stairway
connects multiple levels, the area of the stairway shall be counted on all levels
connected by the element except that the area of the stairway shall not be
counted as Floor Area on the top -most level connected by the stairway.
3. Attic Space. Unfinished and uninhabitable space between the ceiling ioists 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 either habitable 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 above a "hung" or "false" ceiling is exempt.
Ordinance No. 27, Series 2010 Page 5
Deleted: veneer and all exterior
treatments shall he included.
Deleted: areas with stairs
Deleted: , each floor -to -floor staircase
is counted only once.
Formatted: Indent: Left: 0.63",
f - Space Before: 6 pt, After: 0 pt
Formatted: Bullets and Numbering
b. An area accessible only through an exterior access panel or crawl space is
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 is counted.
e. An unfinished space which has convenient access is counted.
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 other practical limitations to routine use. Areas of an attic level with
thirty (30) vertical inches or less between the finished floor level and the finished
Gra hic
Formatted: Space After: 0 pt
t--- - Formatted: Space After: 0 pt
4. Decks, -- -- -- -•----L---- --- T
porches. The calculation of the l� oor_A[ea of a building or a portion thereof shall _ P„ Formatted: Indent: Left: 0.25°,
not include decks, balconies, exterior stairways, non Street -facing porches, '';;;.; • Hanging: 0.25"
gazebos and similar features, unless the area of these features is greater than Deleted: b
fifteen percent (15%) of the maximum allowable floor area or the roe _ ',,`,;,`, Deleted: porches.
If the area of these features exceeds fifteen percent (15%) of the property's Deleted: �d
maximum allowable Floor Area, only the areas in excess of the fifteen percent Deleted: ]
(15%) shall be attributed towards the maximum allowable Floor Area for the Deleted: s
pro a Deleted: f
Deleted: a
The area of these features shall be the maximum footprint of the feature including Deleted: of
railings, fixed seating, fixed planter boxes, overhangs, and similar structural
components of the feature. Deleted: building
Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be
exempt from Floor Area calculations unless that area is used as a carport. (See
provisions for garages and Carports, Subsection ##.) Enclosed and unconditioned
areas beneath Porches, Gazebos, and Decks or Balconies when those elements
have a finished floor level within thirty (30) inches of the surrounding finished
grade shall be exempt from Floor Area calculations regardless of how that area is Deleted: the excess ofthe fifteen
-- c
used. — — percent [15%] shall be included).
Ordinance No, 27, Series 2010 Page 6
5. Front Porches. Porches on Street -facing fagade(s) of a structure developed within
thirty (30) inches of the finished ground level shall not be counted towards allowable
[graphic]/
lPW.--,
6. Patios and Landscape Terraces. Patios and Landscape Terraces developed at
finished grade shall not be counted towards allowable Floor Area. These features
may be covered by roof overhangs or similar architectural projections of up to thirty
(30) inches and remain exempt from Floor Area calculations.
Deleted: and landscaped terraces
Deleted: FAR
7. Garages and,- carports For all multi -family, mixed -use and non-residential ---- Deleted: IT
.-For
3
buildings and parcels, the garage and carport area shall be attributed towards Floor -
Area and Floor Area Ratio with no exclusion. Deleted:
Deleted: and storage areas
In the R-15B Zone District, garage and carport areas shall be excluded from the
calculation of Floor Area up to a maximum five -hundred -square -foot exemption total
for the parcel.
Ir> zone districts •ether than the R-15,$ Zone District, ,properties solely containing a --- Deleted: all
Single -Family, two single-family residences, or Duplex structure, $he garage and Deleted: except
carport area shall be excluded from the calculation of Floor Area as follows; Deleted; _
Table 26.575.020-2
Size of Garage or Carport
Area excluded per primary dwelling
unit (not including Accessory
Dwelling Units or Carriage Houses)
First 0 to 250 sg_uare feet
100% of the area
Next 251 to 500 square feet
50% of the area
Areas above 500 square feet
No area excluded.
Notes for Table 26.575.020-2
1. For any property abutting 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 the garage
or c ort is accessed from said alley or road. If an alley or private
Ordinance No. 27, Series 2010 Page 7
1 Deleted: for the propose of calculating
floor area ratio and allowable floor area
for
Deleted: a lot whose principal use is
residential,
Deleted: garages, carports and storage
areas shall be excluded
Formatted Table
• '•'
Formatted
Formatted: Font: Bold
Formatted: Indent: First line: 0",
Tabs: 0.25", Left + Not at 0.5"
Formatted: Indent: First line: 0",
Tabs: 0.25", Left + Not at 0.5"
Formatted: Indent: First line: 0",
Tabs: 0.25", Left + Not at 0.5"
Formatted: Font: Italic
Formatted: Tabs: 0.25", Left + Not
at 0.5"
road does exist and is not utilized for garage or carport access, 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 above.
• ---'- --- ----------'--- - --'---------------''--------------------
,For garages that are part of a jubgrade area, any permitted Floor Area exemption is
taken from the total gross below -grade area prior to calculating the Floor Area
exemption for�subgrade areasJor example, if a 24000 square foot story containing a'',
350 square foot garage is 40% above grade, the calculation shall be as follows:
Garage exemption - the first 250 square feet is exempt and the next 100 square
feet counts 50% or 50 square feet = 300 square feet of the garage which is
exempt.
Subgrade exemption - 2,000 gross square feet minus 300 square feet of exemtt
garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of
that level which counts towards allowable Floor Area.
A. Subgrade areas. ,Subgrade levels of _a structure ,Shall be included in the
calculation of Floor Area according to the proportion of the level which is exposed
above natural or finished grade, whichever is lower.
The area of the,~xterior surface walls exposed above the Iower ofpatural and finished s
grade divided by the total exterior wall area of that level shall be the proportion of the +'
ross area of the subgrade level counted as Floor Area. dub ade stories with no
g gr . 1 -----------
exposed exterior surface wall area shall be excluded from floor area calculations.
For the puulQoses of this section, the wall area to be measured shall not include,
exterior wall area associated with structural components of the foundation or floors of
the structure.
Ordinance
Floor Structure
Area of wall to
be used for
subgrade
calculation
Foundation and Floor Structure
Foundation Footer
Page 8
Formatted: Indent: Left: 0.5"
Formatted: Font: Italic
Deleted: up to a maximum area of two
hundred fifty (250) square feet per
dwelling unit; 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; all garage, carport
and storage areas in excess of five
hundred (500) square feet per dwelling
unit shall be included as part ofthe
residential floor area calculation. For any
dwelling unit which can he 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 hundred fifty
(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 determining 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: the
Deleted: garage
Deleted: before
Deleted: the
Deleted: calculation takes place.
Deleted: In the R-1 B Zone District,
garage, carport and storage areas shall be
limited to a five -hundred -square -foot
exemption.¶
Deleted: To determine the portion of
Deleted: subgrade areas that are to be
included in calculating floor area, the
following shall apply:
Deleted: a. For any story that is
partially above and partially below
natural or finished grade, whichever is
lower, the total percentage of
Deleted: area that is
Deleted: most restrictive
Deleted: the grades
Deleted: shall be the total percentage of
the gross square footage of the subject
story included in the floor area
calculation.
Formatted: Indent: Left: 0.25",
First line: 0"
�4 T
Figure 26.575.020 - 3: Measuring the Area of a Subgrade Wall
Xxample: If a the walls of a 2,000 square foot level are foM-percent (40%),------
x osed above the lower of natural or finished ' ade en orty percent (40%) ,
p -
of that level, 800 s uare feetwill be ounted as F oor ea.
q� �-� � N
Figure 26.575.020 - 4: Determining the amount of a subgrade floor to be counted as Floor Area
When considering multi -level subgrade floors, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the
spaces is less than 50% of the distance between the floor and ceiling of either space.
Ordinance No. 27, Series 2010 Page 9
Deleted: ¶
(
Deleted: fifteen
Deleted: percent (15%) of the exterior
surface wall area has been
Deleted: (whichever is lower),
Deleted: fifteen
Deleted: percent (15%) of the gross
square footage of the subject story
Deleted: included
Deleted: f
Deleted: a
Deleted: ¶
9
t `
[graphic]
<:;" e ca+n
When a subgrade level also contains a vaulted ceiling within a pitched roof, the wall
[graphic]
-- Deleted: )
Deleted: b. For any dwelling unit that
can be accessed from an alley or private
/ road entering at the rear or side of the
dwe
unit, the
At ek onlybeeligible for hege or exclus carport shall
T ; described in Subparagraph a. above if it is
— -- ------- —---------------------------------------- ------------------
located along said alley or road.¶
c.. In the R-15B Zone District only,
�. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or,,, garages, carports and storage areas shall
carriage house shall be calculated and attributed to the allowable floor area for a be excluded from residential floor area
calculations up to a maximum of five
parcel with the same inclusions and exclusions for calculating floor area as defined in hundred (500) square feet per dwelling
this Section unit.¶
ar.. ... _--- --------- ----- --------------_.._.."....---------------- _.-----------_-. ---,. 5..(Repealed byOrd. No. 56-2000,§g)T
10. Permanently Affordable Accessory Dwelling Units and Carriage Houses. One 6
hundred percent 000%) of the area of an Accessory Dwelling Unit or Carriage House Dew`'
which is detached from the rim residence and deed -restricted as a "for sale" Deleted: unless eligible for an
---- --- --- p - -
exemption as described below:
affordable housing unit and transferred to a qualified purchaser in accordance with
- Deleted: Detached and permanently
the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be affordable ADU or carriage house floor
excluded from the calculation of floor area, up to a maximum exemption of one area exemption. One hundred percent
thousand two hundred (1,200) square feet per parcel. clam°age housefloor area of an ADU or
_n ad__dltlon, the allowable floor area of a arcel containin such a permanently Deleted:
i- - e allowable floor - - - p --- g - -- •- p--man y- ---
t - - Deleted:.. Affordable Housing Bonus.
affordable Accessory Dwelling Unit or Carriage House shall be increased in an
amount equal tc� fifty percent (50%) of the floor area of the Accessory Dwelling Unit
Deleted: a single-family or duplex
or 5prriage 1�puse, up to a maximum bonus of six hundred (600) square feet per residence and a permanently affordable
parcel. ; "for sale" ADU or carriage house located
on he same parcel which has been
S','� transferred to a qualified purchaser in
11. Sheds, Storage Areas, and similar Accessory Structures. Sheds, storage areas, ;'•;, accordance with the Aspen/Pitkin County
greenhouses, and similar inhabitable accessory structures are exempt from floor area Housing Authority Guidelines, as
amended, shall be eligible for an
limitations up to a maximum exemption of thirty-two (32) square feet per residence. affordable housing floor area bonus
Accessory structures thirty-six inches or less in height, as measured from finished Deleted: or less than
grade, shall be exempt from Floor Area calculations (also see setback limitations). Deleted: associated ADU
Accessory structures larger than thirty-two square feet per primary residence and Deleted: c
more than thirty-six inches in height shall be included in their entirety in the
Deleted: h
Ordinance No. 27, Series 2010 Page 10
calculation of Floor Area. Properties which do not contain residential units are not
eligible for a Floor Area exemption.
12. Historic Sheds and Outbuildings. The Community Development Director may
provide a parcel containing an uninhabitable and limited function historic shed,
outbuilding, or similar historic artifact with a Floor Area exemption to accommodate
the preservation of the historic resource. The shed or outbuilding must be considered
a contributing historic resource of the property. Functional outbuildings, such as
garages, art studios, home offices, and the like shall not be eligible for an exemption.
The Director may consult the Historic Preservation Commission prior to making a
determination. The Director may require the propert 'ss potential to receive Floor
Area bonuses be reduced to account for the structure. The exemption shall be by
issuance of a recordable administrative determination and shall be revocable if the
artifact is removed from the property,
13. Wildlife -Resistant Trash and Recycling Enclosures. Wildlife -resistant trash and
recycling 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 lodging zone districts are not exempt from floor area requirements and
shall comply with zone district requirements for Utility/Trash/Recycle areas.
Enclosures shall be located adjacent to the alley if an alley borders the property and
shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non -historic structures.
4. 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 -
unit space, which is common to all uses on the property, 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
proportionately_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
Ordinance No. 27, Series 2010 Page 1 1
Deleted: 8.. Linked Pavilion. Any
element linking the principal structure to
an accessory structure shall not be
included in the calculation of floor area,
provided that the linking structure is no
more than one (1) story tall, six (6) feet
wide and ten (10) feet long. Areas of
linking structures in excess often (10)
feet in length shall be counted in floor
area.¶
9
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 non_unit 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.
When non -unit space is used exclusively by one use, the space shall be attributed to the
floor area for that use. For example, if a lobby and elevator serve the free-market
residential uses on the property, exclusively, then the area associated with the lobby and
elevator shall be assigned to the floor area for free-market residential uses.
E. Measurine Setbacks.
/. General. Required setbacks shall be unoccupied and unobstructed within an area Formatted: Font: Italic, Underline
extending horizontally from the parcel boundary to the setback line and vertically above
and below grade, excepting 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, including all exterior veneer such as brick, stone or
other exterior treatments, but excluding, allowed projections. fgraphicl
�2. Determining Fronts Rear. and Side Yards. The front yard setback shall be measured - Formatted: Font: Italic, 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 right-of-way. All parcels have a front lot line. There
shall not be more than one front lot Iine.
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. All parcels have a rear lot line. A
parcel shall have only one rear lot line.
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. All parcels will have at least one side
lot line and may have multiple side lot lines.
Ordinance No. 27, Series 2010 Page 12
Fnr cnrner nnrcelc the frnnt Int line shall he the nnrcel hnnndnry alnno the Qtreet with the
Ion estf block) length and the remaining boundary shall be a side lot line.
--1 L - - - - - —1
Street Block Length
270'
Front Yard
-T
100, — - Side
Yard
Alley
Corner Lot
Figure JI; Determining Setbacks
- - - - Deleted: 4
For corner parcels where the parcel boundary follows 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 shortest Street frontage shall be the front lot line.
I-
i --- Deleted: Front
L_ Yard
I I I
I I I
I i 1
I
I
Street
Frwvard
Figure .2; Corner lot with curved street
-- --------------------
For reverse curve lots, the curved portion of the lot line shall be considered the front lot
line and the two opposing parcel boundaries shall be considered side lot lines.
Ordinance
27, Series 2010 Street
Front
Side Yard Yard
Page 13
Deleted: Side
- Deleted:5
Deleted: 6
For all double frontage lots with Streets on opposite sides of the parcel, except for those
parcels abutting Main Street, the front lot line shall be the parcel boundary with the
greatest length of Street frontage and the opposing lot boundary shall be the rear lot line.
ra hic
��.o�• ,
`�.. ter.. • ��+
C4
For double frontage lots with equal length street frontages, the front lot line shall
assimilate the front lot lines of the adjoining lots to the extent practical.
For double frontage lots abutting Main Street, the front lot line shall be the lot boundary_
adjoining Main Street.
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.
�. Determining requirecAsetbacks adjacent to streets or ri hg ts-of-waY. When a propert,�_
does not extend into an adjacent public or private right-of-way or street easement, the
required setback shall be measured from the lot line.
When a property extends into an adjacent public or private right-of-way or street
easement, the required setback for that portion of the lot shall be measured from the edge
of the right-of-way or street easement closest to the proposed structure.
Ordinance No. 27, Series 2010 Page 14
Formatted: Font: Not Bold
Formatted: Font: Not Bold
Figure �; Required setback from axight-of--way or street easement
4. Combined Setbacks. Where zoning provisions require a combined Yard setback (either
front -rear or side -side), the minimum setback measured at either point on each side yard
shall be the basis for the combined setback measurement.
[graphic]
Allowed Proiections into Setbacks. Setback areas shall be unobstructed above and
below ground except for the following allowed projections:
a. Above or below ground utilities, below -grade heating, or cooling conduit or --
infrastructure such as a ground -source heat pump system, below -grade dry wells
or other at -grade or below -grade drainage infrastructure.
b. Trees and vegetation.
c. Flagpoles, mailboxes, address markers
d. Foundation footers, soil nails or below -grade tiebacks, and similar improvements
necessary for the structural integrity of a building or other structures.
Ordinance No. 27, Series 2010 Page 15
Deleted:
Deleted: private road or
Formatted: Font: Not Bold
Formatted: Bullets and Numbering
e. The minimum projection necessary to accommodate exterior mounted utility_
junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and
including any protective structure as may be reguired by the utility provider.
f. Building eaves, bay windows, window sills, and similar architectural projections
up to eighteen (18) inches.
g. 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. In no case shall the projection be allowed closer than five (5) feet to a
property line. This projection is allowed for balconies only and does not permit
projections of other improvements, such as garages or carports.
h. The minimum projection necessary to accommodate light wells and exterior
basement stairwells as required by adopted Building or Fire Codes as long as
these features are entirely recessed behind the vertical plane established by the
portion of the building facade which is closest to the Street. If any portion of the
feature projects into the setback, the entire feature may be no larger than the
minimum required. Features required for adjacent subg_rade interior spaces may
be combined as long as the combined feature represents the minimum projection
into the setback. There is no vertical depth limitation for these features. This
exemption does not apply to Areaways. This exemption does not apply to light
wells and exterior basement stairwells which are not required by adopted Building
or Fire Codes.
L The minimum projection necessary to accommodate an exterior -mount fire escape
to an existing building, as s may b� a required by adopted Building or Fire Codes.
j. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls,
earthen berms, drainage swales, retaining walls, steps and similar structures,
which do not exceed thirty (30) inches vertically above or below natural grade or
finished grade, whichever is more restrictive. (Also see Chapter 26.410 —
Residential Design Standards for limits on the location of berms.) Improvements
may be up to thiM (30) inches above and below grade simultaneously, for up to a
sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if
determined to be necessary for the structural integrity of the improvement.
[graphic
Formatted: Indent: Left: 0.25"
k. Fences and hedges less than forty-two (42) inches in height, as measured from---- Formatted: Bullets and Numbering
finished grade, are permitted in all required yard setbacks. Fences and hedges up
Ordinance No. 27, Series 2010 Page 16
to six (6) feet in height, as measured from finished grade, are permitted only in
areas entirely recessed behind the vertical plane established by the portion of the
building facade which is closest to the Street. This restriction applies on all
Street -facing facades of a parcel. (Also see Section 26.575.050 — Supplementary
Regulations for limitations on fence materials.)/
[graphic]
'r
I. Driveways not exceeding twenty-four (24) inches above or below natural grade------ Formatted: Bullets and Numbering
within any setback of a yard facing a Street. Within all other required setbacks,
finished grade of a driveway shall not exceed thirty (30) inches above or below
natural rg ade.
in. Parking may occur in required setbacks if within an established driveway or
parking area and the curb cut or vehicular access is from an alleyway, if an
alleyway abuts the property, or has otherwise been approved by the City.
n. Nonpermanent 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
ground. This exemption shall not allow storage sheds or containers.
o. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills,
furniture, seating areas, and similar vermanent structures shall be prohibited in all
yards facing a Street. These elements may be placed within non -street facing
yards but shall not exceed thirty (30) inches above or below finished grade. These
features may be 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.
Heating and air conditioning eauipment and similar mechanical eauipment shall
be prohibited in all yards facing a Street. Mechanical equipment may be placed
within non -street facing yards but shall not exceed thirty (30) inches above or
below finished grade. These features may be up to thirtv (30) inches above and
below finished grade simultaneously.
q. The height and placement of energy efficiency or renewable energy_ production
systems and equipment which are located adjacent 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 systems are
discouraged in all yards facing a Street. For energy_ production systems and
equipment located on top of a structure, see Section ***
Ordinance No. 27, Series 2010 Page 17
r. Wildlife -resistant Trash and Recycling enclosures located in residential zone -
districts shall be prohibited in all yards facing a Street. These facilities may be
placed within non -street facing yards if the enclosure is the minimum reasonably
necessary 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
trash and recycling 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 and recycling containers in or along -
yards facing a Street is allowed. For example, on "trash day."
Enclosures shall be located adjacent to the alley where an alley borders the
property and shall not be located in a public right-of-way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut or
be attached to a historic structure. Enclosures may abut other non -historic
structures.
L. Measuring Building fights.
1. General. In measuring a building for the compliance with height restrictions, the -
measurement shall be the maximum distance measured verticallyftom the ground
to the highest point of the building located above that point, as further described
below and subiect to certain exceptions as also described below:
a. Measurinp, height along the perimeter of the building. At each location -
where the exterior perimeter of a building meets the ground, the
measurement shall be taken from the lower of natural or finished grade.
Building permit plans must depict both natural and finished grades.
b. Measuring height within the footprint of the building. For the purposes of
measuring height within the footprint of a building, areas of the building
within 15 horizontal feet of the building's perimeter shall be measured
using the perimeter measurement, as described above. In all other areas,
the natural p.,rade of the site shall be projected up to the allowable height __
and Lhe height of the structure shall be measured using this projected
topography.
In instances where the natural grade of a property has been affected by
prior development activity, the Community Development Director may
accept an estimation of pre -development topography prepared by 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.
If necessary, the Community Development Director may require an -
applicant document natural grade, finished grade, grade being used within
Ordinance No. 27, Series 2010 Page 18
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start
at: 1 + Alignment: Left + Aligned at:
0.25" + Tab after: 0.5" + Indent at:
0.5"
Formatted: Indent: Left: 0.25",
Hanging: 0.25"
Deleted: B
Deleted: h
Formatted: Bullets and Numbering
Deleted: I . .
Formatted: Indent: Left: 0.25"'
Formatted: 1st para indent 1 no,
Numbered + Level: 2 + Numbering
Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.75"
+ Tab after: 1" + Indent at: 1"
Formatted: Font: 12 pt
Formatted: Font: 12 pt
Formatted: Font: 12 pt
Formatted: Font: 12 pt
Formatted: 1st para indent 1 no,
Indent: Left: 1", Tabs: 1", Left
the footprint of the building, and other relevant height limitation Formatted: Font: 12 pt
information that may need to be documented prior to construction,
c. Measuring to the roof — The high point of the measurement shall be taken----- tFormatted: Bullets and Numbering
from the surface of a structure's roof inclusive of the first laver of exterior
sheathing or weatherproofing membrane but excluding exterior surface
treatments such as shakes, shingles, or other veneer treatments or
ornamentation.
When measuring roofs to a point between the ridge and the eave point, the- Formatted: Indent: Left: 1"
eave point shall be the point in the roof plane of a structure or building
which intersects with the exterior wall surface.
Figure.: F.ave Point and Exterior Sheathing of a Roof.
2. For properties in the Commercial Core (CC), Commercial (Cl), Commercial
Lod eg (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 highest point of 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 be-::
measured according to the pitch of the roof as follows:
a. Flat roofs or roofs with a i,� tch of less than 3:12. The height of g building ; ; ;•. '
-- -------------------------- --- ---- -
with a roof pitch of less that 3:12 shall be- ,measured from the ground Yo -e -
.,:,
-- - - ------------- -----th--
top -most portion of the structure.
Ordinance No. 27, Series 2010 Page 19
Formatted: Indent: Left: 1"
Deleted: 8
Formatted: Indent: Left: 0.25"
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: <y>Methods of measurement
for varying woes of roofs. ¶
In the Commercial Core (CC),
Commercial Lodge (CL), Neighborhood
Commercial (NC) and
Service/COmmerciaUlndustrial (S/C/I)
Zone Districts, the height of the building
shall be the maximum 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 be measured as follows:
Deleted: slope
Deleted: the
Deleted: the maximum distance
measured vertically
Deleted: from the natural or finished
grade, whichever is lower,
Deleted: top or ridge of a Flat, mansard
or other roof with a slope of less than
3:12.
Roof pitch
Parapet 3:12 or less
wall
Height Height of
Building
Figure sj: _ Measuring height for flat roofs or roofs with less than 3:12-pitch_ ------ Deleted: 9
b. Roofs with a Ritch rom 3:12 to 7:12. The height of a buildine with a roof ,__- Deleted: slope
--------------- ----- - ----
Itch from 3:12 to 7:12, shall be measured from the mound �o the point of the Deleted: For roofs
roof halfway between the eave point and the ridge�The ridge ofjhe roof shall �;:; Deleted: slope
not extend 4> 2Te than five (5) feet above the maximum height limit. Deleted: , height
Midpoint between eave pt. and ridge
Ridge
Eave Point
Height
Figure Measuring height for roofs with - pitch from 3:12 to
7:12
c. Roofs with a ip tch,reater thanZ_12The height of a building with a roof
pitch greater than 7:12 shall be measured Srom the rtround so he oint of the �?...-
s —
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.
Ordinance No. 27, Series 2010 Page 20
Deleted: vertically
Deleted: from the natural or finished
grade, whichever 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: 10
Deleted: slope
Deleted: of
Deleted; 8
Deleted: orgreater
Deleted: For roofs
Deleted: slope of 8:12 or
Deleted: , height shall be measured
vertically
Deleted: the natural or finished grade,
whichever is lower,
Deleted: a
' Deleted:.
1/3`d point between
eave pt. and Ridge
I
Ridge
Eave Point
Height
Figure & _Measuring height for -roof with pitch-grgater-than 7:12
d. For roofs with multiple pitches within one vertical plane, the height of the roof
shall be measured using the methodology for the pitch of the highest element
as 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% or less of the roof plane on which the dormer is located. If
there are multiple dormers on one roof plane, the aggregate footprint shall be
used. Otherwise, dormers shall be included in the measurement of height
according to the methods described above.
• - ----------------- - - - - -.-- ---------
4. Allowed Exceptions to Height Limitations
chimneys, ues nd isimilar LfilitXapparatus. C timtteys, flues, vents, and
,similar �itility apparatus shall not extend snore than ten (10) feet above the ;----
height of the building at the point the device connects or more than ten (10)
feet above the -specified maximum height limi o-roofs with a itch of'.
---------------p---
8:12 or greater, these elements may not extendApye the highest ridge of the
structure by more than required by adopted building codes. To qualify for
this exception, the footprint of these features must be the minimum
Ordinance No. 27, Series 2010 Page 21
Deleted: 1 t
Deleted: Chimneys and other
appurtenances may extend up to a
maximum of two (2) feet above the ridge.
Formatted: Indent: Hanging: 0.56",
Tabs: 0.5", Left + 0.63", Left
Deleted: d.
Deleted: antennas
Deleted: other
Deleted: appurtenances
Deleted: Antennas,
Deleted: c
Deleted: or
Deleted: structures
Deleted: over
Deleted: , except
Deleted: f
Deleted: more than two (2) feet
reasonably necessary for its function the features must be combined to the
greatest extent practical. The height limitation of these features shall include Deleted:
all caps, shields, coverings, spark arrestors, and similar appurtenances.
b. Communications Equipment. Antennas, satellite dishes, and similar
communications equipment and devices shall comply with Relecom section]
c. Elevator and Stair Enclosures. On structures other than a single-familyor
duplex residential building, elevator overrun enclosures and stair enclosures
may extend up to five (5) feet above the specified maximum height limit.
Elevator and stair enclosures may extend up to ten (10) feet above the
specified maximum height limit if set back from any Street facing facade of
the building a minimum of fifteen (15) feet and the footprint of the elevators
or stair enclosures are minimized and combined to the greatest extent
practicable.
For single-family and duplex residential buildings, elevator and stair
enclosures are not be allowed a height exception.
d. Rooftop Railings. On any structure other than a single-family or duplex
residential building, rooftop railings and similar safety devices permitting
rooftop access may extend no more than five (5) feet above the height of the
buildingat the railing connects. To qualify for this exception, the
railing must be the minimum reasonably necessary to provide adequate safety
and building code compliance and the railing must be 50% or more
transparent. For single-family and duplex residential buildings, rooftop
railings shall not be allowed a heightption.
e. Mechanical Equipment. Heating, ventilation, and air conditioning systems„end -.--
similar mechanical equipment located on top of a building jnay extend4 to _-._-
,five (5) feet above height of the building at the point the equipment is
attached. Mechanical equipment shall be combined and collocated to the
greatest extent practicable.
f. Energy Efficiency or Renewable Energy Production Systems and Equipment.
Energy efficiency systems or renewable energy production systems and
equipment including solar 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 (5) feet above the height of the building at the point
the equipment is attached. On any structure other than a single-family or
duplex residential building these systems may extend up to ten (10) feet
above height of the building at the point the equipment is attached. Certain
additional restrictions may apply pursuant to Commercial Design Review.
The height and placement of energy efficiencyproduction systems which
are not located on top of a building shall be established by the Planning and
Zoning Commission pursuant to the procedures and criteria of Chapter
Ordinance No. 27, Series 2010 Page 22
Deleted: Water towers, solar panels
Deleted: shall not
Deleted: over
Deleted:
Deleted: the specified maximum height
limit.
26.430 - Special Review. (Also see setback requirements for these systems
g_Church spires, bell towers and like architectural projections on Arts, Cultural—
-
Formatted: Indent: Left: 0.5",
and Civic buildinglrlay extend over the height limit as maybe approved
Hanging: 0.25"
pursuant to Commercial Design Review.
Deleted:
Deleted: as well as
h. Fag pole extend over the specified_ maximum height limit.
,may
_--_
Deleted: f
,�. Exceptions for buildings on_slopes. The maximum height of a building's front .
Deleted: ,
(street -facing) facade may extend for the first thirty (30) feet of the building's
t Deleted: 2
depth.
Formatted: Indent: Left: 0.5"
i. xceptions for light wells. Exceptions for light wells and basement stairwells.
.
------------------- ------------=:_,
fight well or basement stairwell, limited to that area required to meet
eaways,
adopted Building or Fire Code, entirely recessed behind the vertical plane
pDeleted:
established by the portion of the building facade which is closest to the street,
eaway,
enclosed on alltsides to within eighteen (18) inches of the first floor level
,and
(e.g. not a walk -out style light well) shall not be counted towards maximum '';
f less than one hundred
feet
permissible height.
pelf;
k. Exceptions for Areaways. An Areaway no more than one hundred 000)
Deleted: four(4)
square feet, entirely recessed behind the vertical plane established by the
portion of the building facade which is closest to the street, not projecting into
any required setback, and enclosed on all sides to within eighteen (18) inches
Formatted: Indent: Left: 0.5"
of the first floor level (e.g. not awalk-out) shall not be counted towards
Deleted: C.. Lot area. Except in theR-156 zone District, when calculating
maximum permissible height.
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 with a slope of twenty to
thirty percent (20-30%) may be counted
towards floor area ratio; areas with slopes
- - -
of greater than thirty percent (30%) shall
Measurin Site covera e. Site cove ra a is typically expressed as a percentage.
'- ....�.........i g -----------------$--.._. - y-------------p--- ---- g--reauoctonforagiven
be excluded. The total reduction in FAR
attributable to slope
When calculating site coverage of a structure or building, the exterior walls of the ',
site shall not exceed twenty-five percent
structure or building at ground level should be used. When measuring to the exterior I
(25%).q
Also excluded from total lot area for the
walls, the measurement shall be taken from the exterior face of framing, exterior face of ',
purpose of floor area calculations in all
structural block, or similar exterior surface of the nominal structure excluding sheathing,
zone districts is that area beneath the high
water line of a body of water and that
vapor barrier, weatherproofing membrane, exterior -mounted insulation systems, and
area within a vacated right-of-way or
excluding all exterior veneer and surface treatments such as stone, stucco, bricks,
within an existing or proposed dedicated
right -of --way or surface easement. Lot
shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or
—a shall include any lands dedicated to
balcony overhangs cantilevered building elements and similar features extending directly
�
the City County for the public trail
system, any open Irrigation ditch or any
over grade shall be excluded from maximum allowable site coverage calculations.
lands subject to an above ground or
below ground surface easement such as
F�,I. Measurement of ,D�molition. The City Zoning Officer shall determine if a building
utilities that do not coincide with road
easements. when calculating density, lot
is intended to be or has been, demolished by applying the following process of 1
area shall have the same exclusions and
calculation:
inclusions as for calculating floor area
ratio except for exclusion of areas of
greater than twenty percent (20%) slope.
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram
Deleted: n
showing the following:
Deleted: E
Deleted: d
Ordinance No. 27, Series 2010 Page 23
1. The surface area of all existing (prior to commencing development) exterior wall
Deleted: 26.575.040.. Yards.¶
assemblies above finished grade and all existing roof assemblies. Not counted in
A.. Projections into requiredyardr.
the existing exterior surface area calculations shall be all existing fenestration
Yards shall be unobstructed from the
; groans to the sky except for the following
(doors, windows, skylights, etc.).
allowed p ojections:¶
2. The exterior surface area, as described above, to be removed. Wall area or roof
1. Building eaves - Eighteen (18)
inches;¶
being removed to accommodate new or relocated fenestration shall be
Architectural projections -Eighteen
2.area
counted as exterior surface area being removed.
(1 i
(18)inches;¶
3.. Balconies not utilized as an exterior
3. The diagram shall depict each exterior wall and roof segment as a flat plane with
passageway they extent the lesser
:
an area tabulation.
third ('/�) of the way between the required
setback and the property line or four (4)
feet.¶
Exterior wall assembly and roof assembly shall constitute the exterior surface of that
4.. Fire escapes required by the
International Building Code - Four (4)
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
5.. Uncovered porches, slabs, patios,
walks, retaining walls, steps and similar
capacity is to be removed, the associated exterior surface area shall be diagrammed as
structures, which do not exceed thirty
being removed. If a portion of a wall or roof involuntarily collapses, regardless of the
(30) inches above or below natural grade
or finished grade, whichever is more
developer's intent, that portion shall be calculated as removed. Recalculation may be
restrictive, shall be permitted to project
necessary during the process of development and the Zoning Officer may require updated
into the yard without restriction.
Projections may exceed thirty (30) inches
calculations as a project progresses.
below grade if determined to be required
by the Chief Building Official for
Replacement of fenestration shall not be calculated as wall area to be removed. New,
window egress.¶
6.. Fences, hedges, berms and walls less
relocated or expanded fenestration shall be counted as wall area to be removed.
than six (6) feet in height, as measured
from natural grade, are permitted in all
Only exterior surface area above finished grade shall be used in the determination of
required yard setbacks. (See
Supplementary Regulations -Section
demolition. Sub -grade elements and interior wall elements, while potentially necessary
26.575.050, Fences.).¶
for a building's integrity, shall not be counted in the computation of exterior surface area.
7. Driveways. Driveway access shall
not exceed a depth or height greater than
twenty-four (24) inches above or below
According to the prepared diagram and area tabulation, the surface area of all portions of
Brad` within the required front yard
the exterior to be removed shall be divided by the surface area of all portions of the
setback. Within all other required
setbacks, driveway access shall not
exterior of the existing structure and expressed as a percentage. The Zoning Officer shall
exceed a depth or height greater than
use this percentage to determine if the building is to be or has been demolished according
thirty (30) inches above or below grade.
Parking is only permitted within required
to the definition in Section 26.104.100, Demolition. If portions of the building
setbacks if it is in an approved driveway
involuntarily collapse, regardless of the developer's intent, that portion shall be calculated
or other area approved for parking.¶
8.. Exterior merchandizing. Exterior
as removed.
merchandizing in nonresidential zone
districts shall be prohibited in all required
It shall be the responsibility of the applicant to accurately understand the structural
yard setbacks.¶
9.. Mechanical equipment. Mechanical
capabilities of the building prior to undertaking a remodel. Failure to properly
equipment shall be prohibited in all front
understand the structural capacity of elements intended to remain may result in an
yard setbacks. On comer lots,
mechanical equipment may not be placed
involuntary collapse of those portions and a requirement to recalculate the extent of
m the setback of any yard facing a street.Q
demolition. Landowner's intent or unforeseen circumstances shall not affect the
10.. Trash containers. Wildlife -resistant
refuse containers and Dumpster
calculation of actual physical demolition. Additional requirements or restrictions of this
enclosures that meet the requirements of
Title may result Upon actual demolition.
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 comer lots, permanent
Measurement of Net Leasable Commercial ace. The calculation of Net.;.,
placement oftrash containers shal i
Leasable Space shall include all interior space of a building measured from interior wall =�,
Formatted: Indent: Left: 0", First
line: 0", Tabs: 0.5", Left + Not at
0.98"
to interior wall, including 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.
Formatted: Font: Italic
Formatted: Font: Italic
Ordinance No. 27, Series 2010 Page 24
walk-in refrigerators or freezers, changing rooms, waiting rooms and similar space which
maybe leased to a tenant. The calculation of Net Leasable Space shall exclude common_ --. -
(Deleted:, exclusive of any
areas of a building not intended or designed to be leased to an individual tenant such as
common_ bathrooms, common stairways, common circulation corridors, common -
Deleted: including, but not necessarily
- --- ------ -`---- - ---- --.
mechanical areas, gommon_ stora,ge areas or similar_1common spaces not intended or
---------- - -------
limited to, areas dedicated to
designed to be leased to an individual tenant.
Deleted: and
------
Deleted: provided, however, that these
Permanently installed interior airlock spaces are exempt from the calculation of net-,
areas are used solely by tenants on the
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks
site
installed on the exterior of a building shall be considered Net Leasable Area and shall be
fiii�n�e''--Ot: Indent: Left: 0", First
subject to all requirements of the Land Use Code, including employee miti ag tion
prorated according t� o the portion of the year in which it is installed.
Unless specifically exempted through other provisions of this Title, outdoor displays
outdoor vending, and similar commercial activities located outside (not within a building)
shall also be included in the calculation of Net Leasable Space. The calculation of such
area shall be the maximum footprint of the display 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. Vending machines shall not be
considered net leasable commercial space.
t-------
Formatted: Indent: Left: 0.38",
First line: 0"
Jr Measurement of Net Livable Area, The calculation of Net Livable Area shall-,, -j
Formatted: Font: Italic
include all interior space measured from interior wall to interior wall, including interior
Formatted: Font: Bold, Italic
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one
Formatted: Indent: Left: 0", First
unit, habitable basements, and Storage_ areas' closets and laundry areas accessible from
line: 0", Tabs: 0.5", Left + Not at
_
- - -
the interior of a unit. Net livable Area shall not include common circulation are
0.98„as,
- - - - - - ---------
common lobbies, common stairwells, common elevator corridors, or similar common
Deleted: interior
spaces not intended or designed to be occupied by an individual tenant. Net Livable Area
Deleted:: but excluding
shall not include uninhabitable basements, mechanical areas, stairs, unconditioned
Storage accessible or l from the exterior, ,garages, parports, patios, decks porches or
Deleted: exterior
-----
similar spaces.
Deleted: stairwell,- —�
Deleted- (attached or unattached),
K, Exceytions. for EnerPy Efficiency. The Community Development. Director may- Deleted: and
approve exceptions to restrictions on Floor Area, Setbacks, Height, or Measurement of Formatted: Justified
Demolition to accommodate the addition of energy production systems or energy Formatted: Font: Bold, Italic
efficiency systems or equipment in or on existing buildings when no other practical Formatted: Font: Bold, Italic
solution exists. The Community Development Director must first determine that the Formatted: Font: Bold, Italic
visual impact of the exemption is minimal and that no other reasonable way to implement
energv production or efficiencv exists. ADnroval shall be in the form of a recordable
administrative decision.
L Exce lions or Biuildin Code Com fiance The Communi Develo inert Formatted: Font: Bold, Italic
Director mayapprove exceptions to restrictions on Floor Area, Setbacks, Height, or Formatted: Font: Bold, Italic
Measurement of Demolition to accommodate improvements required to achieve Formatted: Font: Bold, Italic
Ordinance No. 27, Series 2010 Page 25
compliance with building, fire, or accessibility codes 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
administrative decision.
M j9,ppeals. An applicant aggrieved by a decision made by the Community. Formatted: Justified
Development Director regarding this Calculations and Measurements Section may appeal Formatted: Font: Bold, italic
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316. Formatted: Bullets and Numbering
Section 2•
Section 26.575.040 — Yards which section describes the allowances and limitations on
development within required yards (aka setbacks) shall be amended to read as follows, as
follows:
26.575.040 — Reserved
Section 3•
Section 26.410.040.B.I — Secondary Mass — which section describes the design
requirements for residential structures, shall be amended as follows:
Secondary mass. All new single-family and
duplex structures shall locate at least ten
percent (10%) of their total square footage
above grade in a mass which is completely
detached from the principal building or linked
to it by a subordinate inkin _ element. This
standard shall only apply to parcels within the
Aspen infill area pursuant to Subsection
26.410.010.B.2. Accessory buildings such as
garages, sheds and accessory dwelling units
are examples of appropriate uses for the
secondary mass.
A subordinate linking element for the purposes of linking a primary and
secondary mass shall be at least ten (10) feet in lengthpot more than ten (10) feet
in width, and with a plate height of not more than nine (9) feet. Accessible_ space
over the linking element (e.g. a deck or other accessible area) is prohibited unless
approved pursuant to 26.410.020.D — Variances~
Section 4•
Ordinance No. 27, Series 2010 Page 26
Deleted: connecting
Deleted: defined as an element
Deleted: ten (10) feet in length
Deleted: Linked pavilions six (6) feet
in width and ten (10) feet in length shall
be exempt from Subsection
26.575.020.A.8.
Chapter 26.710 — Zone Districts — which Chapter defines and describes use and
dimensional allowances and limitations of development according to zone district
designations, shall be amended by using the term Gross Lot Area to describe minimum
required parcel sizes and the term Net Lot Area for all other dimensional allowances.
The affected Sections within the Chapter are:
26.710.040.D. 26.710.050.D. 26.710.060.D. 26.710.070.D 26.710.080.13
26.710.090.D 26.710.100.13 26.710.110.1) 26.710.120.13 26.710.130.1)
26.710.140.13 26.710.150.13 26.710.160.13 26.710.170.D 26.710.180.13
26.710.190.13 26.710.200.13 26.710.220.13
These Sections shall be amended as provide in the following example:
26.710.050.D. Dimensional requirements. The following dimensional requirements
shall apply to all permitted and conditional uses in the Moderate -Density Residential (R-
15) Zone District.
1. Minimum Gross Lot Area (square feet): fifteen thousand 15,000 . For lots-_.-,.---( Deleted: le
created by Section 26.480.030.A.4, Historic landmark lot split: three thousand
(3,000).
2. Minimum let Lot Area Rer dwelling unit (square feet Deleted: I.t
---------------....................
a. Detached residential dwelling: 15,000. For historic landmark properties:
3,000.
b. Duplex: 7,500. For historic landmark properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section
26.480.030.A.4, Historic landmark lot split: Thirty (30).
4. Minimum front yard setback (feet
a. Residential dwellings: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): Ten (10).
6. Minimum rear yard setback (feet):
a. Principal buildings: 10
b. Accessory buildings: 5
7. Maximum height (feet): Twenty-five (25).
8. Minimum distance between detached buildings on the lot (feet): Ten (10).
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
Ordinance No. 27, Series 2010 Page 27
et Lot
Allowable Floor Area for
Allowable Floor Area for Two
Area
Single -Family Residence*
Detached Dwellings or One Duplex'
(Square
Feet)
0-3,000
80 square feet of floor area for each
90 square feet of floor area for each
100 square feet in,Net Lot Area, up
100 sgtiare feet in Net Lot Area. up to
--
to a maximum of 2,400 square feet
a maximum of 2,700 square feet of
of floor area
floor area
3,000-9,000
2,400 square feet of floor area, plus
2,700 square feet of floor area, plus 30
28 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Are a
—� p u to maximum of 4 080
Area. up to a maximum_ of 4,500
square feet of floor area
square feet of floor area.
9,000—
4,080 square feet of floor area, plus
4,500 square feet of floor area, plus 7
15,000
7 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area, up to a maximum of 4,500
Area. up to a maximum_ of 4,920
square feet of floor area
square feet of floor area
15,000—
4,500 square feet of floor area, plus
4,920 square feet of floor area, plus 6
50,000
6 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area, up to a maximum of 6,600
Area, up to a maximum of 7,020
--- --- =:
square feet of floor area
square feet of floor area
50,000+
6,600 square feet of floor area, plus
7,020 square feet of floor area, plus 3
2 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area. ----- -_ _
.Area_
Section 5:
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by replacing the following three terms and
definitions, as follows:
Net leasable commercial and office space. Those areas within a commercial
or office building which are permitted to bek leased to a tenant and occupied for
commercial or office purposes, (Also see Section 26.575.020 Calculations and--,,"
Measurements.)
Net livable area. The areas within a building designed to be used for
habitation and human activity. (Also see Section 26.575.020 — Calculations and
Measurements.)
Ordinance No. 27, Series 2010 Page 28
Deleted: Lot size
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: or which are designed
Deleted: ,
Deleted: , exclusive of any area
including, but not necessarily limited to,
areas dedicated to bathrooms, stairways,
circulation condors, mechanical areas
and storage areas provided, however, that
these areas are used solely by tenants on
the site.
Deleted: available
Deleted: measured from interior wall to
interior wall, including interior partitions
and inclusive of, but not limited to,
habitable basements and interior storage
areas, closets and laundry areas: but
excluding uninhabitable basements,
mechanical areas, exterior storage,
stairwells, garages (attached or
unattached), patios, decks and porches.
Net Lot area. The total horizontal area contained within the lot lines of a lot
or other parcel of land less those areas of the property affected by certain physical
or legal conditions. (Alse ,1Section 26.575.020, Calculations and - -- Ce�eted: s
Measurements). �elEtld. Supplementary Regulations —
Landscape terrace. An outdoor uncovered, at -grade space which may be
paved or planted.
Linked pavilion. An enclosed walkway connecting a primary structure to ansupplementary
accessory structure. Regulations —Paragraph
Linked pavilion).
Porch. An uninsulated, unheated area under a roof, enclosed on at least one
side by an exterior wall of a - -
uildn and open on at least two sides to the outdoo- Deleted: living space
with or without screens.
--- -in --------
rs,
Section 6:
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by including the following term and definition:
Gross Lot area. The total horizontal area contained within the lot lines of a
lot or other parcel of land.
Patio, An outdoor uncovered, -at- r„ ag de space which may be paved or unpaved. Formatted: Font: Not Bold
(A "covered patio' connected to a living space or building is considered a Porch. tFormatted: Font: Not Bold
A "covered patio' not connected to any other building is considered a Gazebo. A
"sunken patio" is considered an Areaway. )
Gazebo. An uninsulated, unheated area under a roof, not connected with any
other building and open on all sides to the outdoors, with or without screens.
Areaway. An outdoor uncovered space developed below the grade of the
surrounding_ ground which may provide exterior access from a basement or lower
level of a structure and which may incorporate or be independent of required
egress.
Liebt well. An outdoor uncovered space developed below the grade of the
surrounding_ ground which provides egress from a basement or lower level of a
structure as required by adopted building or fire codes.
Ordinance No. 27, Series 2010 Page 29
Section 7•
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 provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 8•
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.
Section 9•
That 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 10•
A public hearing on the Ordinance was held on the 8 h day of November, 2010, 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 was published in a newspaper of general
circulation within the City of Aspen.
Section 11:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25t' day of October, 2010.
Attest:
Kathryn S. Koch, Michael C. Ireland,
City Clerk Mayor
FINALLY, adopted, passed and approved this _day of 2010.
Attest:
Ordinance No. 27, Series 2010 Page 30
Kathryn S. Koch, Michael C. Ireland,
City Clerk Mayor
Approved as to form:
City Attorney
Ordinance No. 27, Series 2010 Page 31
(as Z&o fie ' fb?-Sw'
ORDINANCE NO.27
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE FOLLOWING SECTIONS OF THE CITY OF
ASPEN LAND USE CODE:
26.575.020 — CALCULATIONS AND MEASUREMENTS
26.104.100 — DEFINITIONS
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 considered public testimony and the recommendation of the Director
and recommended, by a four to one (4-1) vote, City Council adopt the proposed
amendments; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Ordinance No. 27, Series 2010
Page 1
Section 1
Section 26.575.020, Calculations and Measurements, of the City of Aspen Land Use
Code, which section authorizes, defines, describes, and depicts how various
measurements and calculations regarding development are to be accomplished, shall read
as follows:
26.575.020. Calculations and Measurements.
A. Purpose. This section sets forth methods for measuring floor area, height, setbacks,
and other dimensional aspects of development and describes certain allowances,
requirements and other prescriptions for a range of structural components, such as
porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks,
etc. The definitions of the terms are set forth at Section 26.104.100 —Definitions.
B. Limitations. The prescribed allowances and limitations, such as height, setbacks etc.,
of distinct structural components shall not be aggregated or combined in a manner that
supersedes the dimensional limitations of an individual structural component. For
example, if a deck is permitted to be developed within five feet of a property boundary
and a garage must be a minimum of ten feet from the same property boundary, a garage
with a deck on top of it may not be developed any closer than ten feet from the property
boundary or otherwise produce an aggregated structural component that extends beyond
the setback limit of a garage.
Non -conforming aspects of a property or structure are limited to the specific physical
nature of the non -conformity. For example, a one-story structure which extends into the
setback may not be developed with a second -story addition unless the second story
complies with the required setback.
Specific non -conforming aspects of a property cannot be converted or exchanged in a
manner that creates or extends a different specific non -conforming aspect of a property.
For example, a property that exceeds the allowable floor area and contains deck area that
exceeds the amount which may be exempted from floor area cannot convert deck space
into additional interior space.
C. Measuring Net Lot Area. A property's development rights are derived from Net Lot
Area. This is a number that accounts for the presence of steep slopes, easements, areas
under water, and similar features of a property. The method for calculating a parcel's Net
Lot Area is as follows:
Table 26.575.020-1
Percent of parcel to
Percent of parcel to
be included in Net
be included in Net
Lot Area to
Lot Area to
determine allowable
determine
Floor Area
allowable Density
Ordinance No. 27, Series 2010 Page 2
Areas of a parcel with 0% to 20% slope. Notes
100%
100%
2, 3.
Areas of a parcel with more than 20% and up
For properties in the
to 30% slope. Notes 2, 3.
R-15B Zone: 100%
100%
For all other
properties: 50%.
Areas of a parcel with more than 30% slope.
For properties in the
Notes 2, 3.
R-15B Zone: 100%
100%
For all other
properties: 0%.
Areas below the high water line of a river or
0%
0%
natural body of water. Note 1.
Areas dedicated to the City or County for open
100%
100%
space or a public trail.
Areas within an existing, dedicated, reserved
for dedication, proposed for dedication by the
application, or vacated public vehicular right-
0%
0%
of -way, public vehicular easement, or
vehicular emergency access easement.
Areas within an existing, dedicated, reserved
for dedication, or proposed for dedication by
0%
0%
the application private vehicular right-of-way
or vehicular easement. Notes 4, 5.
Areas within a vacated private vehicular right-
of-way or vehicular easement, when any
affected parcel has no other established
0%
0%
physical and legal means of accessing a public
way. Notes 4, 5.
Areas within a vacated private vehicular right-
of-way or vehicular easement, when all
affected parcels have established alternate
100%
100%
physical and legal means of accessing a public
way. Notes 4, 5.
Areas of a property subject to above ground or
below ground surface easements such as
100%
100%
utilities or an irrigation ditch that do not
coincide with vehicular easements.
Ordinance No. 27, Series 2010 Page 3
Notes for Table 26.575.020 -1:
1. Lot Area shall not be reduced due to the presence of man-made water courses or
features such as ditches or ponds.
2. In instances where the natural grade of a property has been affected by prior
development activity, the Community Development Director may accept an estimation
of pre -development topography prepared by 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.
3. The total reduction in Floor Area attributable to a property's slopes shall not exceed
25%.
4. Areas of a property within a shared driveway easement, when both properties sharing
the easement abut a public right-of-way, shall not be deducted from Lot Area. This
enables adjacent property owners to combine two driveways into one without reducing
development rights.
5. When a property of 9,000 square feet or less contains a private vehicular access
easement dedicated to no more than one back parcel, when such back parcel has no
other means of access, the area of the access easement shall not be deducted from Lot
Area for either Floor Area or density purposes. Otherwise, areas of a vehicular access
easement serving another parcel shall be deducted from Lot Area as provided in the
table above.
Figure 1: Shared Driveway Easement
Ordinance No. 27, Series 2010 Page 4
D. Measuring Floor Area. In measuring floor areas for floor area ratio and
allowable floor area, the following applies:
1. General. Floor area shall be attributed to the lot or parcel upon which it is
developed. In measuring a building for the purposes of calculating floor area ratio
and allowable floor area, there shall be included all areas within the surrounding
exterior walls of the building or portion thereof. When measuring from the exterior
walls, the measurement shall be taken from the exterior face of framing, exterior face
of structural block, exterior face of straw bale, or similar exterior surface of the
nominal structure excluding sheathing, vapor barrier, weatherproofing membrane,
exterior -mounted insulation systems, and excluding all exterior veneer and surface
treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior
veneer treatments. (Also, see setbacks.)
OUTSIDE Z INSIDE
Exterior Face
Window
Pro ert of Framing
P Y ys _
Line
Window Sill '—� U I _
Wood Veneer
Framing
Stone Veneer
i
_ Setback measured to Floor Area Measured to Face of Framing
edge of veneer
Figure 26.575.020 —1: Measuring to Face of Framing
2. Vertical circulation. When calculating vertical circulation, the circulation
element shall be counted as follows:
a. For stairs and elevators, the area of the feature shall be projected down and
counted on the lower of the two levels connected by the element and not
counted as Floor Area on the top -most interior floor served by the element.
b. When a stairway or elevator connects multiple levels, the area of the feature
shall be counted on all levels as if it were a solid floor except that the area of
the feature shall not be counted as Floor Area on the top -most interior level
served by the element.
Ordinance No. 27, Series 2010 Page 5
c. Mechanical and overrun areas above the top -most stop of an elevator shall not
be counted as Floor Area. Areas below the lowest stop of an elevator shall not
be counted as Floor Area.
3. Attic Space. Unfinished and uninhabitable space between the ceiling joists 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 either habitable 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 above a "hung" or "false" ceiling is exempt.
b. An area accessible only through an exterior access panel or crawl space is
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 is counted.
e. An unfinished space which has convenient access is counted.
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 other practical limitations to routine use. Areas of an attic level with
thirty (30) vertical inches or less between the finished floor level and the finished
ceiling shall be exempt, regardless of how that space is accessed or used.
Area of floor
that does / \�
not count `
30„``
-- --- -- —1— �,
.;�
Figure 26.575.020 — 2: Thirty inch height exemption
4. Decks Balconies, Loggias, Gazebos, Exterior Stairways, and non -Street -facing
porches. The calculation of the Floor Area of a building or a portion thereof shall
not include decks, balconies, exterior stairways, non Street -facing porches,
Ordinance No. 27, Series 2010 Page 6
gazebos and similar features, unless the area of these features is greater than
fifteen percent (15%) of the maximum allowable floor area for the property and
the use and density proposed.
If the area of these features exceeds fifteen percent (15%) of the property's
maximum allowable Floor Area (for that use and density proposed) only the areas
in excess of the fifteen percent (15%) shall be attributed towards the allowable
Floor Area for the property.
The area of these features shall be the maximum footprint of the feature including
railings, fixed seating, fixed planter boxes, overhangs, and similar structural
components of the feature.
Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be
exempt from Floor Area calculations unless that area is used as a carport. (See
provisions for garages and carports, Subsection 7.) Enclosed and unconditioned
areas beneath Porches, Gazebos, and Decks or Balconies when those elements
have a finished floor level within thirty (30) inches of the surrounding finished
grade shall be exempt from Floor Area calculations regardless of how that area is
used.
5. Front Porches. Porches on Street -facing fagade(s) of a structure developed within
thirty (30) inches of the finished ground level shall not be counted towards allowable
Floor Area. Otherwise, these elements shall be attributed to Floor Area as a Deck.
Area of porch
not exempt
S
t
r
e
t
Exempt area
of porch
6. Patios and Landscape Terraces. Patios and Landscape Terraces developed at
finished grade shall not be counted towards allowable Floor Area. These features
Ordinance No. 27, Series 2010 Page 7
may be covered by roof overhangs or similar architectural projections of up to thirty
(30) inches and remain exempt from Floor Area calculations.
7. Garages and carports. For all multi -family and mixed -use buildings or parcels
containing residential units, 250 square feet of the garage or carport area shall be
excluded from the calculation of floor area per residence on the parcel. All garage and
carport area in excess of 250 square feet per residence shall be attributed towards
Floor Area and Floor Area Ratio with no exclusion. Garage and carport areas for
properties containing no residential units shall be attributed towards Floor Area and
Floor Area Ratio with no exclusion.
In the R-15B Zone District, garage and carport areas shall be excluded from the
calculation of Floor Area up to a maximum exemption of five -hundred -square -foot
total for the parcel.
In zone districts other than the R-15B Zone District, properties containing solely a
Single -Family, two single-family residences, or a Duplex, the garage and carport area
shall be excluded from the calculation of Floor Area as follows:
Table 26.575.020-2
Size of Garage or Carport
Area excluded per primary dwelling unit (not
including Accessory Dwelling Units or Carriage
Houses)
First 0 to 250 square feet
100% of the area
Next 251 to 500 square feet
50% of the area
Areas above 500 square feet
No area excluded.
For any property abutting 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 the garage or carport' is accessed from said alley or
road. If an alley or private road does exist and is not utilized for garage or carport
access, 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 above.
8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included
in the calculation of Floor Area based on the portion of the level exposed above
grade.
The percentage of the gross area of a partially subgrade level to be counted as Floor
Area shall be the surface area of the exterior walls exposed above the lower of natural
and finished grade divided by the total exterior wall area of that level. Subgrade
stories with no exposed exterior surface wall area shall be excluded from floor area
calculations.
Ordinance No. 27, Series 2010 Page 8
Example: If a the walls of a 2,000 square foot level are forty percent (40%)
exposed above the lower of natural or finished grade then forty percent (40%)
of that level, 800 square feet is counted as Floor Area.
Figure 26.575.020 - 5: Determining the amount of a subgrade floor to be counted as Floor Area
For the purposes of this section, the exterior wall area to be measured shall be the
interior wall area projected outward and shall not include exterior wall areas adjacent
to foundation or floors of the structure.
Floor Structure
Area of wall to
be used for
subgrade
calculation /1
Foundation and Floor Structure
Foundation Footer
Figure 26.575.020 - 4: Measuring the Area of a Subgrade Wall
Ordinance No. 27, Series 2010 Page 9
When considering multi -level subgrade spaces, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the
spaces is less than 50% of the distance between the floor and ceiling of either space.
Figure 26.575.020 — 6: Determining different building levels
When a partially subgrade space also contains a vaulted ceiling within a pitched roof,
the wall area shall include the area within the gable of the roof.
Area counts
towards wall
calculation
l
Figure 2: Pitched roof with subgrade calculation
Ordinance No. 27, Series 2010 Page 10
For garages that are part of a subgrade area, the garage exemption is taken from the
total gross below -grade area prior to calculating the subgrade exemption. For
example, a 2,000 square foot story containing a 350 square foot garage which is 40%
above grade, the calculation shall be as follows:
Garage exemption — the first 250 square feet is exempt and the next 100 square
feet counts 50% or 50 square feet = 300 square feet of the garage which is
exempt.
Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt
garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of
that level which counts towards allowable Floor Area.
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.
10. Permanently Affordable Accessory Dwelling Units and Carriage Houses. One
hundred percent (100%) of the area of an Accessory Dwelling Unit 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.
In addition, the allowable floor area of a parcel containing such a permanently
affordable Accessory Dwelling Unit or Carriage House shall be increased in an
amount equal to fifty percent (50%) of the floor area of the Accessory Dwelling Unit
or Carriage House, up to a maximum bonus of six hundred (600) square feet per
parcel.
11. Sheds Storage Areas and similar Accessory Structures. Sheds, storage areas,
greenhouses, and similar uninhabitable accessory structures, not within a garage, are
exempt from floor area limitations up to a maximum exemption of thirty-two (32)
square feet per residence. Storage areas within a garage shall be treated as garage
space eligible for the garage exemption only. Accessory structures thirty-six inches
or less in height, as measured from finished grade, shall be exempt from Floor Area
calculations (also see setback limitations). Accessory structures larger than thirty-two
square feet per primary residence and more than thirty-six inches in height shall be
included in their entirety in the calculation of Floor Area. Properties which do not
contain residential units are not eligible for this Floor Area exemption.
12. Historic Sheds and Outbuildings. The Community Development Director may
provide a parcel containing an uninhabitable and limited function historic shed,
outbuilding, or similar historic artifact with a Floor Area exemption to accommodate
the preservation of the historic resource. The shed or outbuilding must be considered
a contributing historic resource of the property. Functional outbuildings, such as
garages, art studios, home offices, and the like shall not be eligible for an exemption.
Ordinance No. 27, Series 2010 Page 11
The Director may consult the Historic Preservation Commission prior to making a
determination. The Director may require the property's potential to receive Floor
Area bonuses be reduced to account for the structure. The exemption shall be by
issuance of a recordable administrative determination and shall be revocable if the
artifact is removed from the property.
13. Wildlife -Resistant Trash and Recycling Enclosures. Wildlife -resistant trash and
recycling 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 lodging zone districts are not exempt from floor area requirements and
shall comply with zone district requirements for Utility/Trash/Recycle areas.
Enclosures shall be located adjacent to the alley if an alley borders the property and
shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non -historic structures.
14. 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 -
unit space, which is common to all uses on the property, 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
proportionately 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%
Ordinance No. 27, Series 2010 Page 12
Therefore, the one thousand (1,000) square feet of non -unit 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.
When non -unit space is used exclusively by one use, the space shall be attributed to the
floor area for that use. For example, if a lobby and elevator serve the free-market
residential uses on the property, exclusively, then the area associated with the lobby and
elevator shall be assigned to the floor area for free-market residential uses.
15. Airlocks. Permanently installed interior airlock spaces are exempt from the
calculation of Floor Area Ratio and allowable Floor Area up to a maximum exemption of
100 square feet per building. This exemption only applies to buildings containing non-
residential uses and does not apply to single-family, duplex, or multi -family buildings.
E. Measuring Setbacks.
1. General. Required setbacks shall be unoccupied and unobstructed within an area
extending horizontally from the parcel boundary to the setback line and vertically above
and below grade, excepting 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, including all exterior veneer such as brick, stone or
other exterior treatments, but excluding allowed projections as further described in
subsection E.5, below.
1ZJ1 III
Window Exterior Face
of Framing
Window Sill
Wood Veneer ��►/ r
Framing
Stone Veneer-
i
Ordinance No. 27, Series 2010 Page 13
2. Determinink Front, Rear, and Side Yards. The front yard setback shall be measured
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 right-of-way. All parcels have a front lot line. There
shall not be more than one front lot line.
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. All parcels have a rear lot line. A
parcel shall have only one rear lot line.
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. All parcels will have at least one side
lot line and may have multiple side lot lines.
For corner 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.
� L 1
Street Block Length
270'
Front Yard
100, Side
I I Yard
Allev_ _. I I
v -
N
I yi
Corner Lot
Figure 3: Determining Setbacks
For corner parcels where the parcel boundary follows 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 shortest Street frontage shall be the front lot line.
Ordinance No. 27, Series 2010 Page 14
Side
Yard
Street
Front Yard
Figure 4: Corner lot with curved street
For reverse curve lots, the curved portion of the lot line shall be considered the front lot
line and the two opposing parcel boundaries shall be considered side lot lines.
Figure 5: Reverse curve lot
For all double frontage lots with Streets on opposite sides of the parcel, except for those
parcels abutting Main Street, the front lot line shall be the parcel boundary with the
greatest length of Street frontage and the opposing lot boundary shall be the rear lot line.
Ordinance No. 27, Series 2010 Page 15
Parcel boundary with greatest length
_ I _ _ _ _ _ _ _ _ _ i Street
-----------;
Front ;
Yard LOT ;
`- - - - - - - - - - - - - - - - - - - - - - - - - - J
A_ _ _ _ Street
Rear Yard
Figure 6: Double frontage lot
For double frontage lots with equal length street frontages, the front lot line shall mirror
the front lot lines of the adjoining lots to the extent practical.
For double frontage lots abutting Main Street, the front lot line shall be the lot line
adjoining Main Street.
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.
3. Determinine required setbacks adjacent to streets or rights -of -way. Wben a property
does not extend into an adjacent public or private right-of-way or street easement, the
required setback shall be measured from the lot line.
When a property extends into an adjacent public or private right-of-way or street
easement, the required setback for that portion of the lot shall be measured from the edge
of the right-of-way or street easement closest to the proposed structure.
Ordinance No. 27, Series 2010 Page 16
Street
10'setback
on flag lot.
10'setback
from right-
of-way
Figure 7: Required setback from a right-of-way or street easement
4. Combined Setbacks. Where zoning provisions require a combined yard setback
(either front -rear or side -side), the narrowest point on each yard shall be the basis for
measuring the combined setback. A combined yard requirement may not be met by
staggering the required yard setbacks.
For example, if a lot requires a combined side -yard setback of 30', with a minimum
of 10' on either side, figure 6 shows compliance with the requirement — one side yard
is 10', the other is 20', and each side yard setback is consistent from front to rear.
Given the same example, Figure 7 meets the individual 10' setback requirements, but
the combined setback is staggered and is not consistent from front to rear. This
example does not meet the combined setback requirement.
Ordinance No. 27, Series 2010 Page 17
Figure 6: Compliance with combined setbacks
Figure 7: Does not comply with combined setbacks
5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and
below ground except for the following allowed projections:
a. Above or below ground utilities, below -grade heating or cooling conduit or
infrastructure such as a ground -source heat pump system, below -grade dry
wells or other at -grade or below -grade drainage infrastructure.
b. Trees and vegetation.
c. Artwork, sculpture, seasonal displays.
d. Flagpoles, mailboxes, address markers
Ordinance No. 27, Series 2010 Page 18
e. Foundation footers, soil nails or below -grade tiebacks, and similar
improvements necessary for the structural integrity of a building or other
structures.
f. The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus
and including any protective structure as may be required by the utility
provider.
g. Building eaves, bay windows, window sills, and similar architectural
projections up to eighteen (18) inches.
h. Balconies not utilized as an exterior passageway may extend the lesser of one-
third (1/3) of the way between the required setback and the property line or four
(4) feet. In no case shall the projection be allowed closer than five (5) feet to
a property line. This projection is allowed for balconies only and does not
permit projections of other improvements, such as garages or carports.
i. The minimum projection necessary to accommodate light wells and exterior
basement stairwells as required by adopted Building or Fire Codes as long as
these features are entirely recessed behind the vertical plane established by the
portion of the building fagade(s) closest to any Street(s).
If any portion of the feature projects into the setback, the entire feature may be
no larger than the minimum required.
Features required for adjacent subgrade interior spaces may be combined as
long as the combined feature represents the minimum projection into the
setback. There is no vertical depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply
to light wells and exterior basement stairwells which are not required by
adopted Building or Fire Codes.
j. The minimum projection necessary to accommodate an exterior -mount fire
escape to an existing building, as may be required by adopted Building or Fire
Codes.
k. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls,
earthen berms, retaining walls, steps and similar structures, which do not
exceed thirty (30) inches vertically above or below natural grade or finished
grade, whichever is more restrictive. (Also see Chapter 26.410 — Residential
Design Standards for limits on the location of berms.) Improvements may be
up to thirty (30) inches above and below grade simultaneously, for up to a
sixty (60) inch total. Improvements may exceed thirty (30) inches below grade
if determined to be necessary for the structural integrity of the improvement.
(See Figure 7).
1. Drainage swales, stormwater retention areas, bio retention areas, rain
CC, _ .::: s *P ns, and similar stormwater retention, filtration or infiltration
Ordinance No. 27, Series 2010 Page 19
devices or facilities are permitted in setbacks as long as the finished grade of
the top of the improvement does not exceed thirty (30) inches vertically above
or below the surrounding finished grade. Stormwater improvements or
portions thereof may be buried and exceed thirty (30) inches below grade as
long as the finished grade above the facility does not exceed thirty (30) inches
vertically above or below the surrounding finished grade. These features may
be up to thirty (30) inches above and below finished grade simultaneously.
in. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills,
furniture, seating areas, and similar permanent structures are prohibited in all
yards facing a Street. These elements may be placed within non -street facing
yards but shall not exceed thirty (30) inches above or below finished grade.
These features may be up to thirty (30) inches above and below finished grade
simultaneously. Improvements may exceed thirty (30) inches below grade if
necessary for the structural integrity of the improvement.
n. Heating and air conditioning equipment and similar mechanical equipment are
prohibited in all yards facing a Street. Mechanical equipment may be placed
within non -street facing yards but shall not exceed thirty (30) inches above or
below finished grade. These features may be up to thirty (30) inches above
and below finished grade simultaneously. The Planning and Zoning
Commission may consider exceptions to this requirement pursuant to the
procedures and criteria of Chapter 26.430 — Special Review.
o. The height and placement of energy efficiency or renewable energy
production systems and equipment which are located adjacent 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 systems are discouraged in all yards facing a Street.
For energy production systems and equipment located on top of a structure,
see sub -section FA.
p. Fences and hedges less than forty-two (42) inches in height, as measured from
finished grade, are permitted in all required yard setbacks. Fences and hedges
up to six (6) feet in height, as measured from finished grade, are permitted
only in areas entirely recessed behind the vertical plane established by the
portion of the building facade which is closest to the Street. This restriction
applies on all Street -facing facades of a parcel. (Also see Section 26.575.050
— Supplementary Regulations for limitations on fence materials.)
Ordinance No. 27, Series 2010 Page 20
Figure 7 — 30" Calculation
Figure 8
q. Driveways not exceeding twenty-four (24) inches above or below natural
grade within any setback of a yard facing a Street. Within all other required
setbacks, finished grade of a driveway shall not exceed thirty (30) inches
above or below natural grade.
r. Parking may occur in required setbacks if within an established driveway or
parking area and the curb cut or vehicular access is from an alleyway, if an
alleyway abuts the property, or has otherwise been approved by the City.
s. 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
Ordinance No. 27, Series 2010 Page 21
play equipment, and similar non -permanent features which are not affixed to
the ground. This exemption shall not allow storage sheds or containers.
t. Wildlife -resistant Trash and Recycling enclosures located in residential zone
districts shall be prohibited in all yards facing a Street. These facilities may be
placed within non -street facing yards if the enclosure is the minimum
reasonably necessary 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 trash and recycling 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 and recycling containers in or
along yards facing a Street is allowed. For example, on "trash day."
Enclosures shall be located adjacent to the alley where an alley borders the
property and shall not be located in a public right-of-way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut
or be attached to a historic structure. Enclosures may abut other non -historic
structures.
F. Measuring Building Heights.
1. For properties in the Commercial Core (CC), Commercial (CI), Commercial
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 highest point of the roof top, roof ridge, parapet, or
top -most portion of the structure. See subsection 3, below, for measurement
method.
2. For properties in all other Zone Districts, the height of the building shall be
measured according to the pitch of the roof as follows. See subsection 3, below,
for measurement method.
a. Flat roofs or roofs with a pitch of less than 3:12. The height of a building
with a roof pitch of less that 3:12 shall be measured from the ground to the
top -most portion of the structure.
Ordinance No. 27, Series 2010 Page 22
Figure 8: Measuring height for flat roofs or roofs with less than 3:12 pitch
b. Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof
pitch from 3:12 to 7:12 shall be measured from the ground to the point of the
roof vertically halfway between the eave point and the ridge. There shall be
no limit on the height of the ridge.
Figure 9: Measuring height for roofs with pitch from 3:12 to
7:12
c. Roofs with a pitch greater than 7:12. The height of a building with a roof
pitch greater than 7:12 shall be measured from the ground to the point of the
roof vertically 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.
Ordinance No. 27, Series 2010 Page 23
Figure 10: Measuring height for roof with pitch greater than
7:12
d. For roofs with multiple pitches within one vertical plane, the height of the roof
shall be measured by drawing a line within a vertical section between the
ridge and the Eave Point(s) and then applying the methodology for the
resulting pitch of said line(s) as 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) as
described above.
f. For "shed" roofs with a single -pitch, the methodology for measuring shall be
the same as described above according to the slope of the roof and by using
the highest point of the roof as the ridge.
g. Dormers shall be excluded from the calculation of height if the footprint of the
dormer is 50% or less of the roof plane on which the dormer is located and the
ridge of the dormer is not higher than the ridge of the roof on which it is
located. If there are multiple dormers on one roof plane, the aggregate
footprint shall be used. Otherwise, dormers shall be included in the
measurement of height according to the methods described above.
3. Height Measurement Method. In measuring a building for the compliance with
height restrictions, the measurement shall be the maximum distance measured
Ordinance No. 27, Series 2010 Page 24
vertically from the ground to the specified point of the building located above that
point, as further described below:
a. Measuring height along the perimeter of the building. At each location
where the exterior perimeter of a building meets the ground, the
measurement shall be taken from the lower of natural or finished grade.
Building permit plans must depict both natural and finished grades.
b. Measuring height within the footprint of the building. For the purposes of
measuring height within the footprint of a building, areas of the building
within 15 horizontal feet of the building's perimeter shall be measured
using the perimeter measurement, as described above. In all other areas,
the natural grade of the site shall be projected up to the allowable height
and the height of the structure shall be measured using this projected
topography.
In instances where the natural grade of a property has been affected by
prior development activity, the Community Development Director may
accept an estimation of pre -development topography prepared by 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.
If necessary, the Community Development Director may require an
applicant document natural grade, finished grade, grade being used within
the footprint of the building, and other relevant height limitation
information that may need to be documented prior to construction.
c. Measuring to the roof — The high point of the measurement shall be taken
from the surface of a structure's roof inclusive of the first layer of exterior
sheathing or weatherproofing membrane but excluding exterior surface
treatments such as shakes, shingles, or other veneer treatments or
ornamentation.
When measuring roofs to a point between the ridge and the eave point, the
eave point shall be the point where the plane of a roof intersects the plane
of the exterior wall. The roof and wall planes shall be of the nominal
structure, excluding all exterior treatments.
Ordinance No. 27, Series 2010 Page 25
Figure 11: Eave Point and Exterior Sheathing of a Roof.
4. Allowed Exceptions to Height Limitations
a. Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and
similar venting apparatus may extend no more than ten (10) feet above the
height of the building at the point the device connects. For roofs with a pitch
of 8:12 or greater, these elements may not extend above the highest ridge of
the structure by more than required by adopted building codes or as
otherwise approved by the Chief Building Official to accommodate safe
venting. To qualify for this exception, the footprint of these features must be
the minimum reasonably necessary for its function the features must be
combined to the greatest extent practical. Appurtenances such as hoods,
caps, shields, coverings, spark arrestors, and similar functional devices or
ornamental do -dads shall be contained within the limitations of this height
exception.
b. Communications Equipment. Antennas, satellite dishes, and similar
communications equipment and devices shall comply with the limitations of
Section 26.575.130 — Wireless Telecommunication Services Facilities and
Equipment.
c. Elevator and Stair Enclosures. On structures other than a single-family or
duplex residential building or an accessory building, elevator overrun
enclosures and stair enclosures may extend up to five (5) feet above the
specified maximum height limit.
Ordinance No. 27, Series 2010 Page 26
Elevator and stair enclosures may extend up to ten (10) feet above the
specified maximum height limit if set back from any Street facing fagade of
the building a minimum of fifteen (15) feet and the footprint of the elevators
or stair enclosures are minimized and combined to the greatest extent
practicable.
For single-family and duplex residential buildings and for accessory buildings,
elevator and stair enclosures are not allowed a height exception.
d. Rooftop Railings. On any structure other than a single-family or duplex
residential building, rooftop railings and similar safety devices permitting
rooftop access may extend up to five (5) feet above the height of the building
at the point the railing connects. To qualify for this exception, the railing
must be the minimum reasonably necessary to provide adequate safety and
building code compliance and the railing must be 50% or more transparent.
For single-family and duplex residential buildings, rooftop railings shall not
be allowed a height exception.
e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, and
similar mechanical equipment or utility apparatus located on top of a
building may extend up to five (5) feet above height of the building at the
point the equipment is attached. Mechanical equipment shall be combined
and co -located to the greatest extent practicable.
f. Energy Efficiency or Renewable Energy Production Systems and Equipment.
Energy efficiency systems or renewable energy production systems and
equipment including solar panels, wind turbines, or similar systems and the
system's associated equipment which is located on top of a building may
extend up to five (5) feet above the height of the building at the point the
equipment is attached.
On any structure other than a single-family or duplex residential building or
an accessory building, these systems may extend up to ten (10) feet above
height of the building at the point the equipment is attached if set back from
any Street facing fagade of the building a minimum of fifteen (15) feet and
the footprint of the equipment is minimized and combined to the greatest
extent practicable. Certain additional restrictions may apply pursuant to
Chapter 26.412, Commercial Design Review.
The height and placement of energy efficiency or production systems which
are not located on top of a building (located 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. (Also see
setback requirements for these systems at sub -section E.5.)
g. Church spires, bell towers and like architectural projections on Arts, Cultural
and Civic buildings may extend over the height limit as may be approved
io Commercial Design Review.
Ordinance No. 27, Series 2010 Page 27
h. Flag poles may extend over the specified maximum height limit.
i. Exceptions for buildings on slopes. For properties with a slope that declines
from the front lot line, the maximum height of a building's front (street -facing)
facade may extend horizontally for the first thirty (30) feet of the building's
depth.
j. Exceptions for light wells. Exceptions for light wells and basement stairwells.
A light well or basement stairwell, limited to that area required to meet
adopted Building or Fire Codes, entirely recessed behind the vertical plane
established by the portion of the building fagade(s) closest to any Street(s),
and enclosed on all sides to within eighteen (18) inches of the first floor level
(e.g. not a walk -out style light well) shall not be counted towards maximum
permissible height.
k. Exceptions for Areaways. An Areaway no more than one hundred (100)
square feet, entirely recessed behind the vertical plane established by the
portion of the building fagade(s) closest to any Street(s), not projecting into
any required setback, and enclosed on all sides to within eighteen (18) inches
of the first floor level (e.g. not a walk -out) shall not be counted towards
maximum permissible height.
G. Measuring 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. When measuring to the exterior
walls, the measurement shall be taken from the exterior face of framing, exterior face of
structural block, or similar exterior surface of the nominal structure excluding sheathing,
vapor barrier, weatherproofing membrane, exterior -mounted insulation systems, and
excluding all exterior veneer and surface treatments such as stone, stucco, bricks,
shingles, clapboards or other similar 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.
H. Measurement of Demolition. 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.).
Ordinance No. 27, Series 2010 Page 28
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.
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. If 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.
L Measurement of Net Leasable Commercial Space. The calculation of Net
Leasable Space shall include all interior space of a building measured from interior wall
to interior wall, including 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 refrigerators or freezers, changing rooms, waiting rooms and similar space which
may be leased to a tenant. The calculation of Net Leasable Space shall exclude common
areas of a building not intended or designed to be leased to an individual tenant such as
common bathrooms, common stairways, common circulation corridors, common
Ordinance No. 27, Series 2010 Page 29
mechanical areas, common storage areas or similar common spaces not intended or
designed to be leased to an individual tenant.
Permanently installed interior airlock spaces are exempt from the calculation of net
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more
than 10 square feet, installed on the exterior of a building, shall be considered Net
Leasable Area and shall be subject to all requirements of the Land Use Code, including
employee mitigation, prorated according to the portion of the year in which it is installed.
Unless specifically exempted through other provisions of this Title, outdoor displays
outdoor vending, and similar commercial activities located outside (not within a building)
shall also be included in the calculation of Net Leasable Space. The calculation of such
area shall be the maximum footprint of the display 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. Vending machines shall not be
considered net leasable commercial space.
J. Measurement of Net Livable Area. The calculation of Net Livable Area shall
include all interior space measured from interior wall to interior wall, including interior
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one
unit, finished or unfinished basements which are or can be made habitable, and storage
areas, closets and laundry areas accessible from the interior of a unit. Net livable Area
shall not include common circulation areas, common lobbies, common stairwells,
common elevator corridors, or similar common spaces not intended or designed to be
occupied by an individual tenant. Net Livable Area shall not include uninhabitable
basements, mechanical areas, stairs, unconditioned storage accessible only from the
exterior, garages, carports, patios, decks, porches or similar spaces.
K. Exceptions for Energy Efficiency. The Community Development Director may
approve exceptions to the dimensional restrictions of this Section to accommodate the
addition of energy production systems or energy efficiency systems or equipment 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 energy production or efficiency exists. The
Director may require notice be provided to adjacent landowners. Approval shall be in the
form of a recordable administrative decision.
L. Exceptions for Building Code Compliance. The Community Development
Director may approve exceptions to the dimensional restrictions of this Section to
accommodate improvements required to achieve compliance with building, fire, or
accessibility codes 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
Ordinance No. 27, Series 2010 Page 30
exists. The Director may require notice be provided to adjacent landowners. Approval
shall be in the form of a recordable administrative decision.
M Appeals. An applicant aggrieved by a decision made by the Community
Development Director regarding this Calculations and Measurements Section may appeal
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316.
Section 2•
Section 26.575.040 — Yards which section describes the allowances and limitations on
development within required yards (aka setbacks) shall be amended to read as follows:
26.575.040 — Reserved
Section 3•
Section 26.410.040.B.1 — Secondary Mass — which section describes the design
requirements for residential structures, shall be amended as follows:
Secondary mass. All new single-family and
duplex structures shall locate at least ten
percent (10%) of their total square footage
above grade in a mass which is completely
detached from the principal building or linked
to it by a subordinate linking element. This
standard shall only apply to parcels within the
Aspen infill area pursuant to Subsection
26.410.010.B.2. Accessory buildings such as
garages, sheds and accessory dwelling units
are examples of appropriate uses for the
secondary mass.
f
A subordinate linking element for the purposes of linking a primary and
secondary mass shall be at least ten (10) feet in length, not more than ten (10) feet
in width, and with a plate height of not more than nine (9) feet. Accessible
outdoor space over the linking element (e.g. a deck) is permitted but may not be
covered or enclosed. Any railing for an accessible outdoor space over a linking
element must be the minimum reasonably necessary to provide adequate safety
and building code compliance and the railing must be 50% or more transparent.
Ordinance No. 27, Series 2010 Page 31
Section 4•
Chapter 26.710 — Zone Districts — which Chapter defines and describes use and
dimensional allowances and limitations of development according to zone district
designations, shall be amended by using the term Gross Lot Area to describe minimum
required parcel sizes and the term Net Lot Area for all other dimensional allowances.
The affected Sections within the Chapter are:
26.710.040.D. 26.710.050.D. 26.710.060.D. 26.710.070.1) 26.710.080.1)
26.710.090.D 26.710.100.1) 26.710.110.1) 26.710.120.13 26.710.130.D
26.710.140.D 26.710.150.D 26.710.160.D 26.710.170.13 26.710.180.D
26.710.190.D 26.710.200.D 26.710.220.D
These Sections shall be amended as provide in the following example:
26.710.050.D. Dimensional requirements. The following dimensional requirements
shall apply to all permitted and conditional uses in the Moderate -Density Residential (R-
15) Zone District.
1. Minimum Gross Lot Area (square feet) fifteen thousand (15,000). For lots
created by Section 26.480.030.A.4, Historic landmark lot split: three thousand
(3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: 15,000. For historic landmark properties:
3,000.
b. Duplex: 7,500. For historic landmark properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section
26.480.030.A.4, Historic landmark lot split: Thirty (30).
4. Minimum front yard setback (feet).
a. Residential dwellings: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet) Ten (10).
6. Minimum rear yard setback (feet):
a. Principal buildings: 10
b. Accessory buildings: 5
7. Maximum height feet): Twenty-five (25).
8. Minimum distance between detached buildings on the lot (feet) Ten (10).
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
Ordinance No. 27, Series 2010 Page 32
Net Lot
Allowable Floor Area for
Allowable Floor Area for Two
Area
Single -Family Residence*
Detached Dwellings or One Duplex*
(Square
Feet)
0-3,000
80 square feet of floor area for each
90 square feet of floor area for each
100 square feet in Net Lot Area, up
100 square feet in Net Lot Area, up to
to a maximum of 2,400 square feet
a maximum of 2,700 square feet of
of floor area
floor area
3,000-9,000
2,400 square feet of floor area, plus
2,700 square feet of floor area, plus 30
28 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area, up to a maximum of 4,080
Area, up to a maximum of 4,500
square feet of floor area
square feet of floor area.
9,000—
4,080 square feet of floor area, plus
4,500 square feet of floor area, plus 7
15,000
7 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area, up to a maximum of 4,500
Area, up to a maximum of 4,920
square feet of floor area
square feet of floor area
15,000—
4,500 square feet of floor area, plus
4,920 square feet of floor area, plus 6
50,000
6 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area, up to a maximum of 6,600
Area, up to a maximum of 7,020
square feet of floor area
square feet of floor area
50,000+
6,600 square feet of floor area, plus
7,020 square feet of floor area, plus 3
2 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area.
I Area.
Section 5•
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by replacing the following three terms and
definitions, as follows:
Net leasable commercial and office space. Those areas within a commercial
or office building which are permitted to be leased to a tenant and occupied for
commercial or office purposes. (Also see Section 26.575.020 — Calculations and
Measurements.)
Net livable area. The areas within a building designed to be used for
habitation and human activity. (Also see Section 26.575.020 — Calculations and
Measurements.)
Ordinance No. 27, Series 2010 Page 33
Net Lot area. The total horizontal area contained within the lot lines of a lot
or other parcel of land less those areas of the property affected by certain physical
or legal conditions. (Also see Section 26.575.020, Calculations and
Measurements).
Landscape terrace. An outdoor uncovered, at -grade space which may be
paved or planted.
Linked pavilion. An enclosed walkway connecting a primary structure to an
accessory structure.
Porch. An uninsulated, unheated area under a roof, enclosed on at least one
side by an exterior wall of a building and open on at least two sides to the outdoors,
with or without screens.
Lot line. fry The property boundary dividing a lot from a street or street
right-of-way, alley, or an adjacent parcel.
Lot line, The lot line opposite the f ofA let line
rear.
L'Pr line, side. The lat lines 'lot eZZhZa nffent offeaf lot li2TCS.
Section 6•
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by including the following term and definition:
Gross Lot area. The total horizontal area contained within the lot lines of a
lot or other parcel of land.
Patio. An outdoor uncovered, at -grade space which may be paved or unpaved.
(A "covered patio" connected to a living space or building is considered a Porch.
A "covered patio" not connected to any other building is considered a Gazebo. A
"sunken patio" is considered an Areaway. )
Gazebo. An uninsulated, unheated area under a roof, not connected to any
other building and open on all sides to the outdoors, with or without screens.
Areaway. An outdoor uncovered space developed below the grade of the
surrounding ground which may provide exterior access from a basement or lower
level of a building and which may incorporate or be independent of required egress.
Light well. An outdoor uncovered space developed below the grade of the
surrounding ground which provides egress from a basement or lower level of a
building as required by adopted building or fire codes.
Dormer. A small gable or shed roof projecting above the slope of the primary
roof of a building. A dormer usually covers a vertical window.
Section 7•
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
Ordinance No. 27, Series 2010 Page 34
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 8•
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.
Section 9•
That 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 10:
Public hearinV on the Ordinance were held on the 8"' day of November, 2010, at 5:00 p.m.
and on the 10 day of January, 2011, 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
was published in a newspaper of general circulation within the City of Aspen.
Section 11:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 250' day of October, 2010.
Attest:
Kathryn S. ch, Michael C. Ireland,
City Clerk Mayor
FINALLY, adopted, passed and approved this 10"' day of January, 2011.
Attest:
Kathryn S. ,
City Clerk
Approved as to form:
6-ty-xiorney
Mayor
Ordinance No. 27, Series 2010 Page 35
RE: p PUBLIC NOTICE
-
MUNICIPALSEC AMENDMENTS AFFECTING
CALCULATION DE SECTION 26 575.020
AND ME
SECTION 26.575 0 0 YARDS,ANDEMENTS,
26'104.100 DEFINITIONS. SECTION
NOTICE IS E Ma dGIVEN that a Public hearing
Will bMeetieheld
amenAspenitY Coto uncin il toc o sP derbefo a theCity
of
amendments to the City of As ^
initiated by the t peaLand Use n application for
ment Director, Ci city of Aspen Community DevCelope Aspen, CO 8161 Hall, 130 South Galena Street;
City Council Chambers hearing will be held in the
Galena Street' Aspe^, c,'Citl1yyyyyy Hall. 130 South
information, contact Chris Bandon F
Aspen Co mmuni or further
ty Development Departmehe nt, 130
of
S. Galena St., As
�. bendon Pen CO, (970) 920.5090.
O.uc
Ma o�r,h I C and
Published in the As Times VoCity Aspen
24,2010, [572,97,on
Weekly October
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAN are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before e this 2rday
of 201D, by -,
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
kua� A
Notary Public
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
bm�
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
SCHEgULED VUBLIC HEARING DATE: p�
d 20 ,
STATE OF COLORADO )
ss.
County of Pitkin )
1, G (name, please print)
being or repres ting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
&' Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height.: Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the day of , 200_, to
Viand including the date and time of -tbt public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Chris Bendon, Community Development Director Im
DATE: January 10, 2011
RE: Second Reading of Ordinance No. 27, Series 2010.
Land Use Code Amendments
• Calculations and Measurements
• Definitions
SUMMARY:
Staff is proposing a wholesale rewrite of the City's Calculations and Measurements
section of the Land Use Code. This section describes how development is reviewed for
compliance with dimensional limitations such as floor area, height, setbacks and the like.
This rewrite is intended to clean-up the areas where staff has had to interpret the language
by providing clearer wording, example calculations, and graphics. Staff has done some
outreach with local architects in preparation of this ordinance. Feedback has been
positive concerning the additional clarity, examples, and graphics. There is strong
support from architects regarding measuring floor area to the exterior face of a building's
framing, rather than to the exterior of finish materials. This will simplify the City's code
and will parallel the County's code.
Staff has amended the provision for slope reduction — changing it back to the current
policy. P&Z had recommended a significant change and there was pushback from local
architects and planners. Council asked staff to examine this provision more closely and
the intent behind the proposed change. The current policy reduces development rights for
the presence of steep slopes and caps the potential loss of Floor Area at a 25% reduction.
This has been the policy for at least 20 years and seems to work well, so staff is
recommending a continuation of the current policy.
Staff amended the provision regarding the use of space above a linking element. The
City's residential design standards require a "secondary mass" or a portion of a
property's floor area be developed in an outbuilding such as a garage. The second
building can be connected to the main building through the use of a one-story "linking
element." In the past, no use of the space above the linking element was allowed without
a variance (which could be approved by staff). The amendment allows for limited use,
such as a deck, but does not allow for the space to be covered or walled -in affecting the
appearance of a second story.
The Planning and Zoning Commission recommended adoption of these amendments by a
4-1 vote. Their minutes are attached. Staff is recommending approval.
APPLICANT:
City of Aspen
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend by
Resolution the City Council to approve, approve with conditions, or deny the application.
City Council is the final review authority.
RECOMMENDATION:
Staff recommends approval.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. 27, Series 2010."
ATTACHMENTS:
Exhibit A — Existing code text
Exhibit B — Planning and Zoning Commission minutes.
ORDINANCE NO. 27
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE FOLLOWING SECTIONS OF THE CITY OF
ASPEN LAND USE CODE:
26.575.020 — CALCULATIONS AND MEASUREMENTS
26.104.100 — DEFINITIONS
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 considered public testimony and the recommendation of the Director
and recommended, by a four to one (4-1) vote, City Council adopt the proposed
amendments; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Ordinance No. 27, Series 2010 Page I
Section 1
Section 26.575.020, Calculations and Measurements, of the City of Aspen Land Use
Code, which section authorizes, defines, describes, and depicts how various
measurements and calculations regarding development are to be accomplished, shall read
as follows:
26.575.020. Calculations and Measurements.
A. Pur ose. This section sets forth methods for measuring floor area heisbt, setbacks _ Dekmw:ThepurpmeojthisSectionIs
and other dimensional aspects of development and describes certain allowances, w ich relateodh to mdko tal regatadons
which relate to methods jor calculating
requirements and other prescriptions for a range of structural components, such as and measuring certain enumerated
porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks, terms as used ithis ar The
definiOnnr offthh e terms are se! firth a!
etc. The definitions of the terms are set forth at Section 26.104.100 — Definitions. N*cian2&104.IOU1
B. Limitations. The prescribed allowances and limitations. such as height. setbacks etc.
of distinct structural components shall not be aggregated or combined in a manner that
supersedes the dimensional limitations of an individual structural component. For
example, if a deck is permitted to be developed within five feet of a property boundary,
and a garage must be a minimum of ten feet from the same property boundary, a garaie
with a deck on top of it may not be developed any closer than ten feet from the property
boundary or otherwise produce an aeureeated structural component that extends bevond
the setback limit of a garage
Non -conforming aspects of a property or structure are limited to the specific physical
nature of the non -conformity. For example, a one-story structure which extends into the
setback may not be developed with a second -story addition unless the second story
complies with the required setback.
Specific non-conformine aspects of a property cannot be converted or exchanged in a
manner that creates or extends a different specific non -conforming aspect of a property.
For example, a property that exceeds the allowable floor area and contains deck area that
exceeds the amount which may be exempted from floor area cannot convert deck space
into additional interior space.
C_. Measuring Net Lot Area. A property's development rights are derived from Net Lot
Area. This is a number that accounts for the presence of steep slopes, easements, areas
under water, and similar features of a property. The method for calculating a parcel's Net
Lot Area is as follows:
Ordinance No. 27, Series 2010 Page 2
Table 26.575.020-1
Percent ofuarcel to
Percent ofparcel to
be included in Net
Lot .area to
determine allowable
be Included in Net
Lot Area to
determine
allowable Density
Floor Area
Areas of a parcel with 0% to 20% slope. Notes
100%
100%
Areas of a parcel with more than 20% and up
For properties in the
10 °/
to 30% slope. Notes 2, 3.
R-15B "Lone: 100%
For all other
properties: 50%.
Areas of a parcel with more than 30% slime.
Fgr properties in the
100%
Notes 2. 3.
R-15B Zone: 100%
For all other
properties: 0%.
Areas below the high water line of a river or
natural body of water. Note 1.
o
0 /0
0
0 /o
Areas dedicated to the City or County for open
IOO,o o;
o
space or a public trail.
Areas within an existing, dedicated, reserved
for dedication, proposed for dedication by the
0%
0%
application, or vacated public vehicular right-
of -way, public vehicular easement, or
vehicular emergency access easement.
Areas within an existing, dedicated, reserved
0%
—
0%
—
for dedication, or proposed for dedication by
the application private vehicular right-of-way
or vehicular easement. Note 4.
Areas within a vacated private vehicular right-
0%
0%
of-way or vehicular easement, when any
affected parcel has no other established
physical and legal means of accessing a public
way. Note 4.
Areas within a vacated private vehicular right-
100%
100%
of-way or vehicular easement, when all
affected parcels have established alternate
physical and legal means of accessing a public
way. Note 4.
Ordinance No. 27, Series 2010 Page 3
Areas of a property subject to above ground or
100%
100%
below ground surface easements such as
utilities or an irrigation ditch that do not
coincide with vehicular easements.
Notes for Table 26.575.020 - I:
I. Lot Area shall not be reduced due to the presence of man-made water courses or
features such as ditches or ponds.
2. In instances where the natural grade of a property has been affected by prior
development activity, the Community Development Director may accept an estimation
of pre -development topography prepared by 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.
3. The total reduction in Floor Area attributable to a property's slopes shall not exceed
25%.
4. Areas of a property within a shared driveway easement, when both properties sharing
the easement abut a public right-of-way, shall not be excluded from Lot Area. This
enables adjacent property owners to combine two driveways into one without reducing
development rights. When one of the properties relies on access through another
parcel, the area of the access easement shall be deducted from Lot Area as provided in
the table above.
J
i
I �
Fi ure 1: Shared Driveway Easement
Ordinance No. 27, Series 2010 Page 4
Ask
P. Measurinj,Flo lea. In measuring floor areas for floor area ratio and ---f Deleted: A
allowable floor area, following applies: Deleted: a
1. General./In measuring g building for the purposes of calculating_ floor area ratio
and allowable floor area, there shall be included ill, areas within the sutrotmding --.--
--------- ---------------
exterior walls pf�he building or portion thereof. When measuring from the exterior
walls, the measurement shall be taken from the exterior face of framing, exterior face -' ,
of structural block, exterior face of straw bale, or similar exterior surface of the
nominal structure excluding_ sheathing, vapor barrier, weatherproofing membrane,
exterior -mounted insulation systems, and excluding; all exterior veneer and surface
treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior
veneer treatments. j,Also, see setbacks.)
OUTSIDE
Window
Property
Line
Tl Window Sill
r
Wood Veneer
I
Stone Veneer
Setback measured to
edge of veneer
INSIDE
Exterior Face
of Framing
— Framing
Floor Area Measured to Face of Framing
Figure 26.575.020 — 1: Measuring to Face of Framing
2. Vertical circulation. When calculating vertical circulatior4 the circulation —
element shall be counted as follows:
a. For stairs and elevators, the area of the feature shall be projected down and
counted on the lower of the two levels connected by the element and not
counted as Floor Area on the top -most floor.
b. When a stairway or elevator connects multiple levels, the area of the feature
shall be counted on all levels as if it were a solid floor except that the area of
the feature shall not be counted as Floor Area on the top -most level.
c. Mechanical and overrun areas above the top -most stop of an elevator shall not
be counted as Floor Area. Areas below the lowest stop of an elevator shall not
be counted as Floor Area.
Ordinance No, 27, Series 2010 Page 5
Deleted: floor area
Deleted: that
Deleted: floor
Deleted: (measured from their exterior
surface)
Deleted: a
Deleted: veneer and all exterior
treatments shall be included.
Deleted: areas with stairs -
Deleted: , each floor.to•floor staircase
is counted only once.
3. Attic Space. Unfinished and uninhabitable space between the ceiling joists 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 either habitable 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 above a "hung" or "false" ceiling -is exempt.
b. An area accessible only through an exterior access panel or crawl space is
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 is counted.
e. An unfinished space which has convenient access is counted.
If any Rortion 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 other practical limitations to routine use. Areas of an attic level with
thirty (30) vertical inches or less between the finished floor level and the finished
ceiling shall be exempt, regardless of how that space is accessed or used.
Area of floor r j
that does "¢
notcount
Figure 26.575.020 — 2: Thirty inch height exemption
4. Decks, UZIconies 4&gias, Gazebos, 4xterior Stairways, and non -Street -facing
porches. The calculation of the Fjoor &ea of a building or a portion thereof shall
not include decks, balconies, exterior stairways, non Street -facing porches,
gazebos and similar features, unless the area of these features is greater than
fifteen percent (15%) of the maximum allowable floor area & ffieprogeM and
the use and density proposed.
Ordinance No. 27, Series 2010 Page 6
Deleted: 2
Deleted: h
Deleted: uorchea.
Deleted:I
Deleted:i
Deleted: g
Deleted: f
4D.elete.dd�:building
d: a
of
If the area of these features exceeds fifteen percent (15%) of the property's
maximum allowable Floor Area (for that use and density proposed) only the areas
in excess of the fifteen percent (15%) shall be attributed towards the allowable
Floor Area for the property.
The area of these features shall be the maximum footprint of the feature including
railings, fixed seating., fixed planter boxes, overhangs, and similar structural
components of the feature.
Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be
exempt from Floor Area calculations unless that area is used as a carport. (See
provisions for garages and Carports, Subsection ##.) Enclosed and unconditioned
areas beneath Porches, Gazebos, and Decks or Balconies when those elements
have a finished floor level within thirty (30) inches of the surrounding finished
grade shall be exempt from Floor Area calculations regardless of how that area is
used.
Deleted: (the excess of the fifteen
percent [ 15%] shall be included).
5. Front Porches. Porches on Street -facing facade(s) of a structure developed within
thirty (30) inches of the finished ground levelshall not be counted towards Allowable D•leeed: and landscaped terraces
Floor Area, Otherwise, these elements shall be attributed to Floor Area as a Deck. De1�dt Fats
Area of porch
not exempt
6. Patios and Landscape Terraces. Patios and Landscape Terraces developed at
finished grade shall not be counted towards allowable Floor Area. These features
may be covered by roof overhangs or similar architectural projections of up to thirty
(30) inches and remain exempt from Floor Area calculations.
7. Garages and carport, For all multi -family and mixed -use buildings or parcels
containing residential units, 250 square feet of the garage or carport area shall be
Ordinance No. 27, Series 2010 Page 7
Deleted: [gr'phic]7
Deleted: and storage areas
excluded from the calculation of floor area per residence on the parcel. All garage and
carport area in excess of 250 square feet per residence shall be attributed towards
Floor Area and Floor Area Ratio with no exclusion. Garage and carport areas for
properties containing no residential units shall be attributed towards Floor Area and
Floor Area Ratio with no exclusion.
In the R-15B Zone District, garage and carport areas shall be excluded from the
calculation of Floor Area up to a maximum exemption of five -hundred -square -foot
total for the parcel.
I4 zone districts— ,pther than the R-15B Zone District, properties containing solely a
------------ ------------ ------------------
Single -Family, two single-family residences, or a Duplex, jhe garage and carport area
shall be excluded from the calculation of Floor Area as follows
Table 26.575.020-2
Size of Carrie or Carport
Area excluded Per Primary dwelling unit (not
including Accessory Dwelling Units or Carriage
Houses
First 0 to 250 square feet
100% of the area
Next 251 to 500 square feet
50% of the area
Areas above 500 square feet
No area excluded.
For any property abutting 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 the garage or carport is accessed from said alley or
road. If an alley or private road does exist and is not utilized for garage or carport r
access, 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 above.
Subgrade areas. �Subgrade, or partially subgrade levels of a structure are included f'
in the calculation of Floor Area based on the portion of the level exposed above
r
The percentage of the gross area of a partially subgrade level to be counted as Floor
Area shall be the surface area of the exterior walls exposed above the ower of aft tural
and finished grade divided by the total exterior wall area of that level. ubgrade
stories with no exposed exterior surface wall area shall be excluded from floor area
calculations.
'------------------------ -- - -------------------------- ------
Example: If a the walls of a 2,000 square foot level are forty percent (40%)�;
exposed above the lower of natural or finished grade�pen Forty percent
of that level, 800 square feet -is o� anted as Floor Area. r;
Ordinance No. 27, Series 2010 Page 8
Deleted: all
Deleted: except
Deleted: for the purpose of calculating
floor area ratio and allowable floor area
for
Deleted: a lot whose principal use is
residential,
Deleted: garages, carports and storage
areas shall be excluded
Formatted: Font: Bold
Formatted: Tabs: 0.25", Left + Not
at 0.5"
Formatted: Indent: First line: 0",
Tabs: 0.25", Left + Not at 0.5"
Formatted: Indent: First line: 0",
Tabs: 0.25", Left + Not at 0.5"
Formatted: Indent: First line: 0",
Tabs: 0.25", Left + Not at 0.5"
Formatted: Font: Italic
Deleted: up to a maximum area of two
hundred fifty (250) square feet per
dwelling unit: 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; all garage, carport
and storage areas in excess of five
hundred (500) square feet per dwelling
unit shall be included as part ofthe
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, tf
Deleted: In the R-lB Zone Dist (gl
Deleted: To determine the portion of
Deleted: subgrade areas that ar �ql
Deleted: a.. For any story that i( f5
Deleted: surt.ice
Deleted: area that is
Deleted: most restrictive
Deleted: the grades
Deleted: ,hall be the total perce
Deleted: ¶ f71
Deleted: fifteen
Deleted: percent (15%) of the
Deleted: (whichever is lower),
Deleted: fifteen
Deleted: percent (15%) of the gt [91
Deleted: will be
Deleted: included
Figure 26.575.020 - 5: Determining the amount of a subgrade floor to be counted as Floor Area
For the purposes of this section, the exterior wall area to be measured shall be the
interior wall area projected outward and shall not include exterior wail areas adjacent
to foundation or floors of the structure.
I
Floor Structure
Area of wall t\
be used for
subgrade
calculation /
Foundation and Floor Structure
Foundation Footer
Figure 26.575.020 - 4: Messurine the Area of a Suberade Wall
When considering multi -level subgrade spaces, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the
spaces is less than 50% of the distance between the floor and ceiling of either space.
Ordinance No. 27, Series 2010 Page 9
Deleted: vp <sp>
Figure 26.575.020 = 6: Determining different building levels
When a partially subgrade space also contains a vaulted ceiling within a pitched roof,
the wall area shall include the area within the gable of the roof.
Deleted: <sN
Area counts
towards wall
calculation
4 ------------
Figure 2: Pitched roof with subgrade calculation
For garages that are part of a subgrade area, the garageption is taken from the
total gross below -grade area prior to calculating the subgrade exemption. For
Ordinance No. 27, Series 2010 Page 10
example, a 2,000 square foot story containing a 350 square foot garage which is 40%
above grade, the calculation shall be as follows:
Garage exemption — the first 250 square feet is exempt and the next 100 square
feet counts 50% or 50 square feet = 300 square feet of the garage which is
exempt.
Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt
garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of
that level which counts towards allowable Floor Area.
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.
10. Permanently Affordable Accessory Dwelling Units and Carriage Houses. One
hundred percent (100%) of the area of an Accessory Dwelling Unit 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.
In addition, the allowable floor area of a parcel containing such a permanently
affordable Accessory. Dwelling Unit or Carriage House mall be increased in an
amount equal tc�fifty percent (50%) of the floor area of the Accessory Dwelling Unit
or Carriage House, up to a maximum bonus of six hundred (600) square feet per
parcel.
11. Sheds, Storage Areas, and similar Accessory Structures. Sheds, storage areas,
greenhouses, and similar uninhabitable accessory structures are exempt from floor
area limitations up to a maximum exemption of thirty-two (32) square feet per
residence. Accessory structures thirty-six inches or less in height, as measured from
finished grade, shall be exempt from Floor Area calculations (also see setback
limitations). Accessory structures larger than thirty-two square feet per primary
residence and more than thirty-six inches in height shall be included in their entirety
in the calculation of Floor Area. Properties which do not contain residential units are
not eligible for this Floor Area exemption.
12. Historic Sheds and Outbuildings. The Community Development Director may
provide a parcel containing an uninhabitable and limited function historic shed,
outbuilding, or similar historic artifact with a Floor Area exemption to accommodate
the preservation of the historic resource. The shed or outbuilding must be considered
a contributing historic resource of the property. Functional outbuildings, such as
garages, art studios, home offices, and the like shall not be eligible for an exemption.
The Director may consult the Historic Preservation Commission prior to making a
determination. The Director may_require the property's potential to receive Floor
Area bonuses be reduced to account for the structure. The exemption shall be by
Ordinance No. 27, Series 2010 Page 11
Deleted: a single-family 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
Deleted: or less than
Deleted: associated ADU
issuance of a recordable administrative determination and shall be revocable if the
artifact is removed from the property.
13. Wildlife -Resistant Trash and Recycling Enclosures. Wildlife -resistant trash and
recycling, 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 bolh 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 lod ine zone districts are not exempt from floor area requirements and
shall comply with zone district requirements for Utility/Trash/Recycle areas.
Enclosures shall be located adjacent to the alley if an alley borders the property and
shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non -historic structures.
JA. 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 -
unit space which is common to all uses on the property, 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
proportionately -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 sg. 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 non -unit space is
allocated to the different uses as follows:
Ordinance No. 27, Series 2010 Page 12
Deleted: 8.. Linked Pavilion. Any
element linking the principal structure to
an accessory structure shall not be
included in the calculation of floor arm
provided that the linking structure is no
more than one (1) story tall, six (6) feet
wide and ten (10) feet long. Areas of
linking structures in excess often (10)
feet in length shall be counted in floor
area.¶
9
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.
When non -unit space is used exclusively by one use, the space shall be attributed to the
floor area for that use. For example, if a lobby and elevator serve the free-market
residential uses on the property, exclusively, then the area associated with the lobby and
elevator shall be assigned to the floor area for free-market residential uses.
15. Permanently installed interior airlock spaces are exempt from the calculation of Floor
Area Ratio and allowable Floor Area up to a maximum exemption of 100 square feet per
building. This exemption only applies to buildings containing non-residential uses and
does not apply to single-family, duplex, or multi -family buildings.
E. Measuring Setbacks.
1. General. Required setbacks shall be unoccupied and unobstructed within an area
extending horizontally from the parcel boundary to the setback line and vertically above
and below grade, excepting 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, including all exterior veneer such as brick, stone or
other exterior treatments, but excluding, allowed projections as further described in
subsection E.5, below.
1
L
Window--,& j } Exterior Face
of Framing
Window Sill r
Wood Veneer�16
Framing
Stone Veneer
Ordinance No. 27, Series 2010 Page 13
2. Determining Front, Rear, and Side Yards. The front yard setback shall be measured
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 right-of-way. All parcels have a front lot line. There
shall not be more than one front lot line.
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. All parcels have a rear lot line. A
parcel shall have only one rear lot line.
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. All parcels will have at least one side
lot line and may have multiple side lot lines.
For corner parcels, the front lot line shall be the parcel boundary along the Street with the
lon est Iblock length and the remaininp, boundary shall be a side lot line.
lI
Street Block Length
_ Front Yard
100, I Side
IA Yard
a
N L
Corner Lot
Figure 3: Determining Setbacks
For comer parcels where the parcel boundary follows 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 shortest Street frontage shall be the front lot line.
Ordinance No. 27, Series 2010 Page 14
i
I I �
I �1 Side
Yard
I l '
i
Street
Front Yard
Figure 4: Corner lot with curved street
For reverse curve lots, the curved portion of the lot line shall be considered the front lot
line and the two opposing parcel boundaries shall be consid !red side lot fines.
_ Street
Front A
Side Yard Yard
Street
I
Side Yard
Figure 5: Reverse curve lot
For all double frontage lots with Streets on opposite sides of the parcel, except for those
parcels abutting Main Street, the front lot line shall be the parcel boundary with the
greatest length of Street frontage and the opposing lot boundary shall be the rear lot line.
Ordinance No. 27, Series 2010 Page 15
Parcel boundary with greatest length
-1----------_-4 Street_-
----- ------------------------i
,
Front
Yard LOT
--------------------------
,
_ - a - _ - _ Street _ _ _
Rear Yard
Figure 6: Double frontage lot
For double frontage lots with equal length street frontages, the front lot line shall mirror
the front lot lines of the adjoining lots to the extent practical.
For double frontage lots abutting Main Street, the front lot line shall be the lot line
adjoining Main Street.
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.
3. Determining required setbacks adjacent to streets or rights -of -way. When a property
does not extend into an adjacent public or private right-of-way or street easement, the
required setback shall be measured from the lot line.
When a property extends into an adjacent public or private right-of-way or street
easement, the required setback for that portion of the lot shall be measured from the edge
of the right-of-way or street easement closest to the proposed structure.
Ordinance No. 27, Series 2010 Page 16
I
i
17 i low�
— 10' setback
-- -_i on flag lot.
10' setback 0�7
from right'-_
of -way
Figure 7: Required setback from aright -of -way or street easement_ _. _. Deleted: private road or
1.) 4. Combined Setbacks. Where zoning_ provisions require a combined yard setback
(either front -rear or side -side), the narrowest point on each yard shall be the basis for
measuring the combined setback. A combined yard requirement may not be met by
staggering t& he required yard setbacks.
For example, if a jot requires a combined side-yar—d setback of 30', with a minimum
- m----,--------------------------- -
of 10' on either side, figure 6 shows compliance with the requirement - one side yard
is 10', the other is 20', and each side yard setback is consistent from front to rear.
Given the same example, Figure 7 meets the individual 10' setback requirements, but
the combined setback is staggered and is not consistent from front to rear. This
example does not meet the combined setback requirement.
Ordinance No. 27, Series 2010 Page 17
Deleted:
I I
Figure 6: Compliance with combined setbacks
-------- ----- ---- -----
Deleted: <yp—sp><,px,p> -
Figure 7: j2oes not comply with combined setbacks ,-..- Formatted: Font: Bold
Deleted: Non-compliance
----- Formatted: Font: Bold
S. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and Deed; -esN
below ground except for the following allowed projections:
a. Above or below ground utilities, below -grade heating or cooling conduit or
infrastructure such as a ground -source heat pump system, below -grade dry
wells or other at -grade or below -grade drainage infrastructure.
b. Trees and vegetation.
t -. c. Artwork, sculpture, seasonal displays. Formatted: Bullets and Numbering
d. Flagpoles, mailboxes, address markers
I Ordinance No. 27, Series 2010 Page 18
e. Foundation footers, soil nails or below -grade tiebacks, and similar
improvements necessary for the structural integrity of a building or other
structures.
f. The minimum projection necessary to accommodate exterior mounted utility
functions, meters, cable boxes, vent flues, standpipes, and similar apparatus
and including any protective structure as may be required by the utility
provider.
g. Building eaves, bay windows, window sills, and similar architectural
projections up to eighteen (18) inches.
h. Balconies not utilized as an exterior passageway may extend the lesser of one-
third C/3) of the way between the required setback and the property line or four
(4) feet. In no case shall the projection be allowed closer than five (5) feet to
a property line. This projection is allowed for balconies only and does not
permit projections of other improvements, such as garages or carports.
L The minimum projection necessary to accommodate light wells and exterior
basement stairwells as required by adopted Building or Fire Codes as long as
these features are entirely recessed behind the vertical plane established by the
portion of the building fagade(s) closest to any Street(s).
If any portion of the feature projects into the setback, the entire feature may be -
no larger than the minimum required.
Features required for adjacent subgrade interior spaces may be combined as
long as the combined feature represents the minimum projection into the
setback. There is no vertical depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply
to light wells and exterior basement stairwells which are not required by
adopted Building or Fire Codes.
j. The minimum projection necessary to accommodate an exterior -mount fire -
escape to an existing building as may by a required by adopted Building or Fire
Codes.
k. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls,
earthen berms, retaining walls, steps and similar structures, which do not
exceed thirty (30) inches vertically above or below natural grade or finished
grade, whichever is more restrictive. (Also see Chapter 26.410 — Residential
Design Standards for limits on the location of berms.) Improvements may be
up to thirty (30) inches above and below grade simultaneously, for up to a
sixty (60) inch total. Improvements may exceed thirty (30) inches below grade
if determined to be necessary for the structural integrity of the improvement.
(See Figure 7).
1. Drainage swales, stormwater retention areas, bio retention areas, rain
collection systems, and similar stormwater retention, filtration or infiltration
Ordinance No. 27, Series 2010 Page 19
Formatted: Indent: Left: 0.75"
Formatted: Bullets and Numbering
devices or facilities are permitted in setbacks as long as the finished grade of
the top of the improvement does not exceed thirty (30) inches vertically above
or below the surrounding finished grade. Stormwater improvements or
portions thereof may be buried and exceed thirty (30) inches below ar de as
long as the finished grade above the facility does not exceed thirty (30) inches
vertically above or below the surrounding finished grade.
m. Hot tubs, spas, pools, water features, and pennanently affixed outdoor rg ills,
furniture, seating areas, and similar permanent structures are prohibited in all
yards facing a Street. These elements may be placed within non -street facing
yards but shall not exceed thirty (30) inches above or below finished grade.
These features may be up to thirty (30) inches above and below finished grade
simultaneously. Improvements may exceed thirty (30) inches below grade if
necessary for the structural integrity of the improvement.
n. Heating and air conditioning equipment and similar mechanical equipment are
prohibited in all yards facing a Street. Mechanical equipment may be placed
within non -street facing yards but shall not exceed thirty (30) inches above or
below finished grade. These features may be up to thirty (30) inches above
and below finished grade simultaneously. The Planning and Zoning
Commission may consider exceptions to this requirement pursuant to the
procedures and criteria of Chapter 26.430 — Special Review.
o. The height and placement of energy efficiency or renewable energy
production systems and equipment which are located adjacent 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 systems are discouraged in all yards facing a Street.
For energy production systems and equipment located on top of a structure,
see sub -section FA.
p. Fences and hedges less than forty-two (42) inches in height, as measured from
finished grade, are permitted in all required yard setbacks. Fences and hedges
up to six (6) feet in height, as measured from finished grade, are permitted
only in areas entirely recessed behind the vertical plane established by the
portion of the building facade which is closest to the Street. This restriction
applies on all Street -facing facades of a parcel. (Also see Section 26.575.050
— Supplementary Regulations for limitations on fence materials.)
Ordinance No. 27, Series 2010 Page 20
Spa��
IW
30"
Area below grade 7jyC__
,Figure 7730"_Calculation
,.--- Formatted: Indent: Left: 0.5"
': -- Deleted: —
Formatted: Indent: Left: 0.5"
` Formatted: Indent. Left: 0.5"
Deleted: 6
figure $. - - - - - - - - - - - Deleted: .
_.
Formatted: Indent: Left: 0.5"
q. Driveways not exceeding twenty-four (24) inches above or below natural- Formatted: Bullets and Numbering
grade within any setback of a yard facing a Street. Within all other regPired
setbacks, finished grade of a driveway shall not exceed thirty (30) inches
above or below natural grade.
r. Parking may occur in required setbacks if within an established driveway or
parking area and the curb cut or vehicular access is from an alleyway, if an
alleyway abuts the property, or has otherwise been approved by the City.
s. 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
Ordinance No. 27, Series 2010 Page 21
play equipment, and similar non -permanent features which are not affixed to
the wound. This exemption shall not allow storage sheds or containers.
Wildlife -resistant Trash and Recycling enclosures located in residential zone
districts shall be prohibited in all yards facing a Street. These facilities may be
placed within non -street facing yards if the enclosure is the minimum
reasonably necessary 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 trash and recycling 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 and recycling containers in or -
along yards facing a Street is allowed. For example, on "trash day."
Enclosures shall be located adiacent to the alley where an alley borders the
property and shall not be located in a public right-of-way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut
or be attached to a historic structure. Enclosures may abut other non -historic
structures.
F. Measuring- Building Heights.
Formatted: Indent: Left: 0.75",
First line: 0", Tabs: 0.75", Left +
Not at 0.5"
I . For properties in the Commercial Core (CC), Commercial (C I ), Commercial•- i Formatted: Bullets and Numbering J
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 highest point of the roof top, roof ridge, parapet, or
top -most portion of the structure. See subsection 3, below, for measurement
method.
• - - - - - - - Formatted: Indent: Left: 0.25"
2. For properties in all other Zone Districts, the height of the building shall be- Formatted: Bullets and Numbering
measured according to the pitch of the roof as follows. See subsection 3, below,
for measurement method.
a. Flat roofs or roofs with a pitch of less than 3:12. The height of a building------- Formatted: Bullets and Numbering
with a roof pitch of less that 3:12 shall be measured from the ground to the
ton -most portion of the structure.
Ordinance No. 27, Series 2010 Page 22
Roof pitch
Parapet 3:12 or less
wall
Height Height of
Building
/
Figure 8: Measuring height for flat roofs or roofs with less than 3:12 pitch
b. Roos with a pitch from 3:12 to 7:12. The height of a building with a roof ----- f Formatted: Bullets and Numbering
pitch from 3:12 to 7:12 shall be measured from the ground to the point of the
roof vertically halfway between the eave point and the ridge. There shall be
no limit on the height of the ridge.
Midpoint between eave pt. and ridge
Ridge
Eave Point
Height
Figure 9: Measuring height for roofs with pitch from 3:12 to
7:12
C. Roofs with a pitch greater than 7:12. The height of a building with a roof---- Formatted: Bullets and Numbering
pitch greater than 7:12 shall be measured from the ground to the point of the
roof vertically one-third (1/3) of the distance up from the eave point to the
ridge. There shall be no limit on the height of the ridge.
Ordinance No. 27, Series 2010 Page 23
1/3Id point between
eave pt. and Ridge
Ridge
Eave Point
Height
i
Figure 10: Measuring height for roof with pitch greater than
7:12
d. For roofs with multiple pitches within one vertical plane, the height of the roof--- Formatted: Bullets and Numbering J
shall be measured by drawing a line within a vertical section between the
ridge and the Eave Point(s) and then applying the methodology for the
resulting pitch of said line(s) as 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) as
described above.
f. For "shed" roofs with a single -pitch, the methodology for measuring shall be
the same as described above according to the slope of the roof and by using
the highest point of the roof as the ridge.
Dormers shall be excluded from the calculation of heieht if the footprint of the
dormer is 50% or less of the roof plane on which the dormer is located and the
ridge of the dormer is not higher than the ridge of the roof on which it is
located. If there are multiple dormers on one roof plane, the aggregate
footprint shall be used. Otherwise, dormers shall be included in the
measurement of height according to the methods described above.
Formatted: Indent: Left: 0.25"
3. Height Measurement Method. In measuring a building for the compliance with• Formatted: Bullets and Numbering
height restrictions, the measurement shall be the maximum distance measured
Ordinance No. 27, Series 2010 Page 24
vertically from the ground to the specified point of the building located above that
point, as further described below:
a. Measuring height along the perimeter of the building. At each location ---- --- Formatted: Bullets and Numbering
where the exterior perimeter of a building meets the ground, the
measurement shall be taken from the lower of natural or finished grade.
Building permit plans must depict both natural and finished grades.
b. Measuring height within the footprint of the building. For the purposes of
measuring height within the footprint of a building, areas of the building
within 15 horizontal feet of the building's perimeter shall be measured
using the perimeter measurement, as described above. In all other areas,
the natural grade of the site shall be projected up to the allowable height
and the height of the structure shall be measured using this projected
topography.
In instances where the natural grade of a property has been affected by
prior development activity, the Community Development Director may
accept an estimation of pre -development topography prepared by 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.
If necessary, the Community Development Director may require an
applicant document natural grade, finished grade, grade being used within
the footprint of the building, and other relevant height limitation
information that may need to be documented prior to construction.
c. Measuring to the roof — The high point of the measurement shall be taken
from the surface of a structure's roof inclusive of the first layer of exterior
sheathing or weatherproofing membrane but excluding exterior surface
treatments such as shakes, shingles, or other veneer treatments or
ornamentation.
When measuring roofs to a point between the ridge and the eave point, the
eave point shall be the point where the plane of a roof intersects the plane
of the exterior wall. The roof and wall planes shall be of the nominal
structure, excluding all exterior treatments.
Ordinance No. 27, Series 2010 Page 25
Figure 11: Eave Point and Exterior Sheathing of a Roof.
4. Allowed Exceptions to Height Limitations
a."himneys, ues nd is milar yenting apparatus. aimneys, flues, vents, and
,similar _venting apparatus may extend n_o more than ten (10) feet above the
height of the building at the point the device connects for roofs with a pitch
of 8:12 or greater, these elements may not extend Above the highest ridge of
the structure by more than required by adopted building codes or as
otherwise approved by the Chief Building Official to accommodate safe
venting. To qualify for this exception, the footprint of these features must be
the minimum reasonably necessary for its function the features must be
combined to the greatest extent practical. Appurtenances such as hoods,
cans, shields, coverings, spark arrestors, and similar functional devices or
ornamental do -dads shall be contained within the limitations of this heisht
exception.
b. Communications Equipment. Antennas, satellite dishes, and similar
communications equipment and devices shall comply with the limitations of
Section 26.575.130 — Wireless Telecommunication Services Facilities and
Equipment.
c. Elevator and Stair Enclosures. On structures other than a single-family or
duplex residential building or an accessory building, elevator overrun
enclosures and stair enclosures may extend up to five (5) feet above the
specified maximum height limit.
Ordinance No. 27, Series 2010 Page 26
Deleted: ¶
0>Flat roofs or roofs with a slope of
less than 3: !1. The height of the building
shall be the maximum distance measured
vertically from the natural or finished
grade, whichever is lower, to the top or
ridge of a Flat, mansard or other roof with
a slope of less than 3:12.1
<sp><sp>csp>t
0>Rofs with a slope from 3: /1 to 7:12.
For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from
the natural or finished grade, whichever is
lower, to the mean height between the
cave point and ridge of a gable, hip,
gambrel or other similar pitched roof.
The ridge of a gable, hip, gambrel or
other pitched roof shall not extend over
five (5) feet above the maximum height
limit.¶
`sp><sp> .., r107
Deleted: d. .
Deleted: antennas
Deleted: other
Deleted: appurtenances
Deleted: Antennas,
Deleted: c
Deleted[ or
Deleted: structures
Deleted: shall not
Deleted: over
Deleted: specified maximum height
CvC�pl
Deleted: f
Deleted: more than two (2) feet
Elevator and stair enclosures may extend up to ten 10) feet above the
specified maximum height limit if set back from any Street facing facade of
the building a minimum of fifteen (15) feet and the footprint of the elevators
or stair enclosures are minimized and combined to the greatest extent
practicable.
For single-family and duplex residential buildings and for accessory buildings,
elevator and stair enclosures are not allowed a height exception.
d. Rooftop Railings. On any structure other than a single-family or duplex
residential building, rooftop railings and similar safety devices permitting
rooftop access may extend up to five (5) feet above the height of the building
at the point the railing connects. To qualify for this exception, the railing
must be the minimum reasonably necessary to provide adequate safety and
building code compliance and the railing must be 50% or more transparent.
For single-family and duplex residential buildings, rooftop railings shall not
be allowed a height exception.
e. Mechanical Equipment. Heating, ventilation, and air conditioning systems anJ oemed: Water towers, solar panels
similar mechanical equipment or utility apparatus located on top of a _
building.May extend Vp tc the (5) feet above height of the building at the,,,.- Deleted: shall not
point the equipment is attached. Mechanical equipment shall be combined Deleted: over
and co -located to the greatest extent practicable. De1etedp
f. y Efficiency or Renewable Ener y Production Systems and Egui ment. Deleted: the specified maximum height
Ener
R R P limit.
Energy efficiency systems or renewable energy production systems and
equipment includingsolar olar panels, wind turbines, or similar systems and the
system's associated equipment which is located on top of a building may
extend up to five (5) feet above the height of the building at the point the
equipment is attached.
On anv structure other than a single-familv or duplex residential building or
an accessory building, these systems may extend up to ten (10) feet above
height of the building at the point the equipment is attached if set back from
any Street facing facade of the building a minimum of fifteen (15) feet and
the footprint of the equipment is minimized and combined to the greatest
extent practicable. Certain additional restrictions may apply pursuant to
Chapter 26.412, Commercial Design Review.
The height and placement of enerev efficiencv or production systems which
are not located on top_of a building (located 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. (Also see
setback requirements for these systems at sub -section E.5.)
g_Church spires, bell towers and like architectural projections on Arts, Cultural
and Civic buildings ,nay extend over the height limit as maybe approved _ Deleted:,
pursuant to Commercial Design Review. Deleted: as well as
Ordinance No. 27, Series 2010 Page 27
Deleted: f
wag polekmay extend over the specified maximum heightt limit. Deleted:
i. Exceptions for buildings on slopes. For properties with a slope that declines
from the front lot line, the maximum height of a building's front (street -facing)
facade may extend horizontally for the first thirty (30) feet of the building's
depth.
j. Exceptions for light wells. Exceptions for light wells and basement stairwells.
A light well or basement stairwell, limited to that area required to meet
adopted Building or Fire Codes, entirely recessed behind the vertical plane
established by the portion of the building Lgade(s)Flosest to n reet ,.- Deleted: facade
and enclosed on all sides to within eighteen (18) inches of the first floor level '. : Deleted: which is
(e.a. not a walk -out style light well) shall not be counted towards maximum Deleted; the
permissible height. ` Deleted: s
k. Exceptions for Areaways. An Areawav no more than one hundred (100
square feet, entirely recessed behind the vertical plane established by the
portion of the building facade(s) closest to any Street(s), not projecting into
any required setback, and enclosed on all sides to within eighteen 08) inches
of the first floor level (e.e. not a walk -out) shall not be counted towards
maximum permissible height.
Deleted: C. - Lot area. Except in the
R-15B Zone District, when calculating
floor area ratio, lot areas shall include
G. Measurin Site covers e. Site coverage is typically expressed_ as a percentage.
`LY_. y p p
�y areas with a slope of less than
�.............�. —
When calculating site coverage of a structure or building, the exterior walls of the
twenty percent (20%). In addition, half
(.50) oflot areas with a slope of twenty to
structure or building at ground level should be used. When measuring to the exterior
thirty percent may be counted
walls, the measurement shall be taken from the exterior face of framing, exterior face of `,
area
towards floor area ratio; areas with slopes
of greater than thirty percent (30%) shall
be be excluded. The total reduction iFAR
attributable to slope reduction for s a given
site shall not exceed twenty-five percent
A5lsooexcluded from total lot area for the
purpose of floor area calculations in all
structural block, or similar exterior surface of the nominal structure excluding sheathing,
vapor barrier, weatherproofing membrane, exterior -mounted insulation systems, and
excluding all exterior veneer and surface treatments such as stone, stucco, bricks,
shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or
balcony overhangs, cantilevered building elements and similar features extending directly
zone districts is that area beneath the high
over grade shall be excluded from maximum allowable site coverage calculations.
water line of a body of water and that
area within a vacated right-of-way or
within an existing or proposed dedicated
Measurement pf D molition. The City Zoning Officer shall determine if a buildingright-of-way,
or surface easement. Lot
-
----------- ------------- ---------------------- ----------------------------
is mtended to be or has beeq_ by the following process of '.
area shall include any lands dedicated to
the City or County for the public trail
_demolished _applying
calculation:
system, any open irrigation ditch or any
lands subject to an above ground or
i
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram ''
below ground surface easement such as
utilities that do not coincide with road
showing the following:
easements. When calculating density, lot
area shall have the same exclusions and
1. The surface area of all existing (prior to commencing development) exterior wall
inclusions as for calculating floor area
ratio except for exclusion of areas of
assemblies above finished grade and all existing roof assemblies. Not counted in
greater than twenty percent (20%) slope.
Deleted:
the existing exterior surface area calculations shall be all existing fenestration
(doors, windows, skylights, etc.).
Deleted: E
Deleted: d
—
Deleted: ,
Ordinance No. 27, Series 2010 Page 28
2. The exterior surface area, as described above, to be removed. Wall area or roof
Deleted:26.575.040. Yards.¶
on s
area beingremoved to accommodate new or relocated fenestration be
A. Projections into required yards.
Yards shall be unobstructed from the
counted as exterior surface area being removed.
ground to the sky except for the following
3. The diagram shall depict each exterior wall and roof segment as a flat lane with
P P :
�Ioweapr°'"coins:¶
1.. Building eaves -Eighteen (18)
an area tabulation.
inches;¶
2.. Architectural projections - Eighteen
(18) inches;¶
Exterior wall assembly and roof assembly shall constitute the exterior surface of that
3.. Balconies not utilized as an exterior
element in addition to the necessarysubsurface components for its structural integrity,passageway
element
may extend the lesser of one -
third (h) of the way between the required
including such items as studs, joists, rafters etc. If a portion of a wall or roof structural
setback and the property line or four (4)
capacity is to be removed, the associated exterior surface area shall be diagrammed as
feet.¶
4.. Fire escapes required by the
being removed. If a portion of a wall or roof involuntarily collapses, regardless of the :
International Building Code - Four (4)
developer's intent, that portion shall be calculated as removed. Recalculation may be
fat;¶
5.. Uncovered porches, slabs, patios,
necessary during the process of development and the Zoning Officer may require updated
walks, retaining walls, steps and similar
calculations as a proectprogresses.
P j
structures, which do not exceed thirty
(30) inches above or below natural grade
or finished grade, whichever is more
Replacement of fenestration shall not be calculated as wall area to be removed. New,
restrictive, shall be permitted to project
relocated or expanded fenestration shall be counted as wall area to be removed.
into the yard without restriction.
Projections may exceed thirty (30) inches
below grade if determined to be required
Only exterior surface area above finished grade shall be used in the determination of
by the Chief Building Official for
demolition. Sub -grade elements and interior wall elements, while potentially necessary
g P y
window egress.¶
6.. Fences, hedges, berms and walls less
for a building's integrity, shall not be counted in the computation of exterior surface area.
than six (6) feet in height, as measured
from natural grade, are permitted in all
Accordingto the prepared diagram and area tabulation, the surface area of all onions of
P P g P
required yard setbacks. (See
Supplementary Regulations -Section
the exterior to be removed shall be divided by the surface area of all portions of the
26.575.050, Fences.).¶
exterior of the existing structure and expressed as a percentage. The Zoning Officer shall
nDriveways. Driveway access shall
not
not exceed a depth or height greater than
use this percentage to determine if the building is to be or has been demolished according
twenty-four (24) inches above or below
to the definition in Section 26.104.100, Demolition. If portions of the building
grade within the required front yard
setback. Within all other required
involuntarily collapse, regardless of the developer's intent, that portion shall be calculated
setbacks, driveway access shall not
as removed.
exceed a depth or height greater than
thirty (30) inches above or below grade.
Parking is only permitted within required
It shall be the responsibility of the applicant to accurately understand the structural
setbacks if it is in an approved driveway
capabilities of the building prior to undertaking a remodel. Failure to properly
P g P g P P Y
or other area approved for parking i
8.. Exterior merchandizing. Exterior
understand the structural capacity of elements intended to remain may result in an
merchandizing in nonresidential zone
involuntary collapse of those portions and a requirement to recalculate the extent of
districts shall be prohibited in all required
yard setbacks.¶
demolition. Landowner's intent or unforeseen circumstances shall not affect the :
9• Mechanical equipment. Mechanical
calculation of actual demolition. Additional requirements Or restrictions of this
physical q
equipment shall be prohibited in all front
yard setbacks. On comer lots,
Title may result upon actual demolition.
mechanical equipment may not be placed
in the setback of any yard facing a street.¶
10. Trash containers. Wildlife -resistant
refuse containers and Dumpster
1. Measurentent of Net Leasable Commercial Space. The calculation Of Net !
enclosures that meet the requirements of
Chapter 12.08 of this Code ( Wildlife
Protection) shall be allowed in the
setbacks. Permanent placement oftrash
containers shall be prohibited in all front
yard setbacks. On comer lots, permanent
placement of trash containers shall not be
permitted in the setback of any yard
facing a street.¶
A Regairedyardsadjacent to ... 11
Leasable Space shall include all interior space of a building measured from interior wall
to interior wall, including interior partitions and inclusive of all areas which can be leased
to an individual tenant including offices, hallways, meeting rooms, divlay areas,
showrooms, kitchens, dining rooms, coat rooms, bathrooms, storage, storage rooms,
walk-in refrigerators or freezers, changing rooms, waiting rooms and similar space which
may be leased to a tenant. The calculation of Net Leasable Space shall exclude,pommon
areas of a building not intended or designed to be leased to an individual tenant such as
Deleted: .exclusiveofany
pommon bathrooms, common stairways, common circulation corridors common .,..-
Deleted: including, but not necessarily
- - ---------------_ _-------- -- ......-'--
limited to, areas dedicated to
Ordinance No. 27, Series 2010 Page 29
mechanical areas, gommon storage areas or similar common spaces not intended or .-.
designed to be leased to an individual tenant.
Permanently installed interior airlock spaces are exempt from the calculation of net
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks
installed on the exterior of a building shall be considered Net Leasable Area and shall be
subject to all requirements of the Land Use Code, including employee mitigation,
prorated according to the portion of the year in which it is installed.
Unless specifically exempted through other provisions of this Title, outdoor displays
outdoor vending, and similar commercial activities located outside (not within a building)
shall also be included in the calculation of Net Leasable Space. The calculation of such
area shall be the maximum footprint of the display 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. Vending machines shall not be
considered net leasabic commercial space.
I Measurement of Net Livable Area. The calculation of Net Livable Area shall
include all interior space measured from interior wall to interior wail, including interior
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one
unit, Finished or unfinished basements which are or can be made habitable, and ,storage
areas, closets and laundry areas accessible from the interior of a unit. Net livable Area
shall not include ,common circulation areas, common lobbies, common stairwells,
common elevator corridors, or similar common spaces not intended or designed to be
occupied by an individual tenant. Net Livable Area shall not include uninhabitable
basements, mechanical areas, stairs, unconditioned storage accessible only from the
exterior„garages„Farports, patios, decks,porchas or similar spaces.
Meted: and —
Deleted: provided, however, that these
areas are used solely by tenants on the
Site.
DNeW: habitable
Delettedi interior
Dllebid:: but excluding
Deletedi exterior
Deleted: stairwells,
Deleted: (attached or unattached),
K. Exceptions for Energy Efficiency, The Communitv Development Director may Deleted: and
approve exceptions to the dimensional restrictions of this Section to accommodate the
addition of energy production systems or energy efficiency systems or equipment 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 energy production or efficiency exists. The
Director may require notice be provided to adiacent landowners. Approval shall be in the
form of a recordable administrative decision.
L. Exceptions for Buildine Code Compliance. The Community Development
Director may approve exceptions to the dimensional restrictions of this Section to
accommodate improvements required to achieve compliance with building, fire, or
accessibility codes 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
Ordinance No. 27, Series 2010 Page 30
exists. The Director may require notice be provided to adjacent landowners. Approval
shall be in the form of a recordable administrative decision.
M Appeals. An applicant aggrieved by a decision made by the Community
Development Director regarding this Calculations and Measurements Section may appeal
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316.
Section 2•
Section 26.575.040 — Yards which section describes the allowances and limitations on
development within required yards (aka setbacks) shall be amended to read as follows:
26.5 7i. 040 — Reserved
Section 3•
Section 26.410.040.B.1 — Secondary Mass — which section describes the design
requirements for residential structures, shall be amended as follows:
Secondary mass. All new single-family and
duplex structures shall locate at least ten
percent (10%) of their total square footage
above grade in a mass which is completely
detached from the principal building or linked
to it by a subordinate jinking element. This
standard shall only apply to parcels within the
Aspen infill area pursuant to Subsection
26.410.010.B.2. Accessory buildings such as
garages, sheds and accessory dwelling units
are examples of appropriate uses for the
secondary mass.
LAN
A subordinate linking element for the purposes of linking a primary and
secondary mass shall be at least ten (10) feet in len tg�h, not more than ten (10) feet
in width, and with a plate height of not more than nine (9) -feet. Accessible
outdoor space over the linking element (e.g. a deck) is permitted but may not be
covered or enclosed. Any railing for an accessible outdoor space over a linking
element must be the minimum reasonably necessary to provide adequate safety
and building code compliance and the railing must be 50% or more transparent.
Section 4•
Ordinance No, 27, Series 2010 Page 31
Deleted: connecting
LDeleted: defined as an element
Deleted: ten (10) feet in length
Deleted: Linked pavilions six (6) feet
in width and ten (10) feet in length shall
be exempt from Subsection
26.575.020.A.8.1
Chapter 26.710 — Zone Districts — which Chapter defines and describes use and
dimensional allowances and limitations of development according to zone district
designations, shall be amended by using the term Gross Lot Area to describe minimum
required parcel sizes and the term Net Lot Area for all other dimensional allowances.
The affected Sections within the Chapter are:
26.710.040.D. 26.710.050.D. 26.710.060.D. 26.710.070.13 26.710.080.13
26.710.090.13 26.710.100.13 26.710.110.13 26.710.120.D 26.710.130.13
26.710.140.D 26.710.150.13 26.710.160.13 26.710.170.D 26.710.180.13
26.710.190.D 26.710.200.D 26.710.220.13
These Sections shall be amended as provide in the following example:
26.710.050.D. Dimensional requirements. The following dimensional requirements
shall apply to all permitted and conditional uses in the Moderate -Density Residential (R-
15) Zone District.
1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots .---- neieted:lQL=
created by Section 26.480.030.A.4, Historic landmark lot split: three thousand
(3,000).
2. Minimumrlet Lot Area per dwelling unit (square feet): --- oekted: iQtazar
a. Detached residential dwelling: 15,000. For historic landmark properties:
3,000.
b. Duplex: 7,500. For historic landmark properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section
26.480.030.A.4, Historic landmark lot split: Thirty (30).
4. Minimum front yard setback (feet):
a. Residential dwellings: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): Ten (10).
6. Minimum rear yard setback (feet):
a. Principal buildings: 10
b. Accessory buildings: 5
7. Maximum height (feet): Twenty-five (25).
8. Minimum distance between detached buildings on the lot (feet): Ten (10).
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
Ordinance No. 27, Series 2010 Page 32
et Lot
Allowable Floor Area for
Allowable Floor Area for Two
Area
Single -Family Residence*
Detached Dwellings or One Duplex*
(Square
Feet)
0-3,000
80 square feet of floor area for each
90 square feet of floor area for each
100 square feet in,]!!et Lot Area, up
100 square feet in Net Lot Area, up to
to a maximum of 2,400 square feet
a maximum of 2,700 square feet of
of floor area
floor area
3,000-9,000
2,400 square feet of floor area, plus
2,700 square feet of floor area, plus 30
28 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area up to a maximum of 4,080
Area, up to a maximum of 4,500
------:-
square feet of floor area
square feet of floor area.
9,000—
4,080 square feet of floor area, plus
4,500 square feet of floor area, plus 7
15,000
7 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area, up to a maximum of 4,500
Area, up to a maximum of 4,920
square feet of floor area
square feet of floor area
15,000—
4,500 square feet of floor area, plus
4,920 square feet of floor area, plus 6
50,000
6 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area, up to a maximum of 6,600 _
Area, up to a maximum of 7,020
square feet of floor area
square feet of floor area
50,000+
6,600 square feet of floor area, plus
7,020 square feet of floor area, plus 3
2 square feet of floor area for each
square feet of floor area for each
additional 100 square feet in Net Lot
additional 100 square feet in Net Lot
Area. -
Am
Section 5•
Section 26.104.100 - Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by replacing the following three terms and
definitions, as follows:
Net leasable commercial and office space. Those areas within a commercial
or office building which are permitted to be, leased to a tenant and occupied for
-
commercial or office purposes, (Also see Section 26.575.020 - Calculations and
Measurements.)
,Net livable area. The areas —� within a building desii ed to be used for
_ ------ -------------------------
habitation and human activity. (Also see Section 26.575.020 - Calculations and
Measurements.)
Ordinance No. 27, Series 2010 Page 33
Deleted: Lot Size -
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: lot area
Dd:ara
Deleted: lot area
Deleted: lot area
Deleted: lot area
Deleted: or which are designed
Deleted:
Deleted: , exclusive of any area
including, but not necessarily limited to,
areas dedicated to bathrooms, stairways,
circulation corridors, mechanical areas
and storage areas provided, however, that
these areas are used solely by tenants on
the site.
Deleted: ¶
Deleted: available
Deleted: measured from interior wall to
interior wall, including interior partitions
and inclusive of, but not limited to,
habitable basements and interior storage
areas, closets and laundry areas; but
excluding uninhabitable basements,
mechanical areas, exterior storage,
stairwells, garages (attached or
unattached), patios, decks and porches.
Net Lot area. The total horizontal area contained within the lot lines of a lot
or other parcel of land less those areas of the property affected by certain physical
or legal conditions. (Also see +Section ---26.575.020----,------
Calculations and - - Deleted: SupplementaryReguI wns—
Measurements).
-- - -------------------------------------- -
Landscape terrace. An outdoor uncovered, at -grade space which may be
paved or planted.
Linked pavilion. An enclosed walkway connecting a primary structure to an
accessory structure.
Porch. An uninsulated, unheated area under a roof, enclosed on at least one
side by an exterior wall of aj_2uilding and open on at least two sides to the outdoors,
with or without screens.
Section 6•
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by including the following term and definition:
Gross Lot area. The total horizontal area contained within the lot lines of a
lot or other parcel of land.
Patio. An outdoor uncovered, at -grade space which may be paved or unpaved.
(A "covered patio" connected to a living space or building is considered a Porch.
A "covered patio' not connected to any other building is considered a Gazebo. A
"sunken patio" is considered an Areaway.
Gazebo. An uninsulated, unheated area under a roof, not connected to any
other buildin and nd open on all sides to the outdoors, with or without screens.
Areaway. An outdoor uncovered space developed below the grade of the
surrounding ground which may provide exterior access from a basement or lower
level of a building and which may incorporate or be independent of required egress.
Licht well. An outdoor uncovered space developed below the grade of the
surrounding ground which provides egress from a basement or lower level of a
buildingas s required by pted building or fire codes.
Dormer. A small gable or shed roof projecting above the slope of the primary
roof of a building. A dormer usually covers a vertical window.
Section 7:
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 provided, and the same shall be conducted and concluded under such
prior ordinances.
Ordinance No. 27, Series 2010 Page 34
Deleted: (See Supplementary
Regulations — Paragraph
26.575.020(A)(8), Linked pavilion).
Deleted: living space
Section 8•
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.
Section 9•
That 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 10•
Public hearin's on the Ordinance were held on the 8 h day of November, 2010, at 5:00 p.m.
and on the 10 day of January, 2011, 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
was published in a newspaper of general circulation within the City of Aspen.
Section 11:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25d' day of October, 2010.
Attest:
Kathryn S. Koch, Michael C. Ireland,
City Clerk Mayor
FINALLY, adopted, passed and approved this _day of . 201 1.
Attest:
Kathryn S. Koch,
City Clerk
Approved as to form:
City Attorney
Michael C. Ireland,
Mayor
Ordinance No. 27, Series 2010 Page
i.,a*Chapter 26.575 TxA
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010 General.
26.575.020 Calculations and measurements.
26.575.030 Public Amenity
26.575.040 Yards.
26.575.045 Junk Yard and Service Yards.
26.575.050 Fences.
26.575.060 Utility/trash service areas.
26.575.070 Use square footage limitations.
26.575.080 Child care center.
26.575.090 Home occupations.
26.575.100 Landscape maintenance.
26.575.110 Building envelopes.
26.575.120 Satellite dish antennas.
26.575.130 Wireless Telecommunication Services Facilities and Equipment
26.575.140 Accessory uses and accessory structures.
26.575.150 Outdoor Lighting.
26.575.160 Dormitory.
26.575.170 Fuel storage tanks
26.575.180 Restaurant.
26.575.190 Farmers' market.
26.575.200 Group Homes.
26.575.210 Lodge Occupancy Auditing
26.575.010 General.
Regulations specified in other sections of this Title shall be subject to the following supplemental
regulations.
26.575.020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for cal-
culating and measuring certain enumerated terms as used in this Title. The definitions of the terms
are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following
applies:
City of Aspen Land Use Code. August, 2007.
Part 500, Page 59
1. General. In measuring floor area for the purposes of calculating floor area ratio end al-
lowable floor area, there shall be included that floor area within the surrounding exterior
walls (measured from their exterior surface) of a building, or portion thereof. When meas-
uring from exterior walls, the veneer and all exterior treatments shall be included. When
calculating areas with stairs, each floor -to -floor staircase is counted only once.
2. Decks Balconies Porches, Loggias and Stairways. The calculation of the floor area of
a building or a portion thereof shall not include decks, balconies, exterior stairways, gaze-
bos, and similar features, unless the area of these features is greater than fifteen (15) percent
of the maximum allowable floor area of the building (the excess of the 15% shall be in-
cluded). Porches and landscape terraces shall not be counted towards FAR.
3. Garages, Carports and Storage Areas. In all zone districts except the R-15-B zone district,
for the purpose of calculating floor area ratio and allowable floor area for a lot whose prin-
cipal use is residential, garages, carports, and storage areas shall be excluded up to a maxi-
mum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and
storage areas between two hundred fifty (250) and five hundred (500) square feet shall count
fifty (50) percent towards allowable floor area; all garage, carport and storage areas in ex-
cess of five hundred (500) square feet per dwelling unit shall be included as part of the resi-
dential 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 ex-
cluded from floor area calculations up to two hundred fifty (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 (50) percent towards
allowable floor area. For the purposes of determining the exclusion, if any, applicable to ga-
rages, carports, and storage areas, the area of all structures on a parcel shall be aggregated.
For garages that are part of a basement, the garage exemption is taken from the total below
grade area before the sub -grade calculation takes place. In the R-lB zone district, garage,
carport, and storage areas shall be limited to a five hundred (500) square foot exemption
4. Subgrade areas. To determine the portion of subgrade areas that are to be included in calcu-
lating floor area, the following shall apply:
a. For any story that'is partially above and partially below natural or finished grade, which-
ever 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.
(Example: If fifteen (15) percent of the exterior surface wall area has been exposed
above natural or finished grade (whichever is lower), then fifteen (15) percent of the
gross square footage of the subject story will be included as floor area.)
City of Aspen Land Use Code. August, 2007.
Part 500, Page 60
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 or carport shall only be eligible for the
exclusions described in sub -section a if it is located along said alley or road.
C. In the R-15B zone district only, garages, carports, and storage areas shall be ex-
cluded from residential floor area calculations up to a maximum of five hundred (500)
square feet per dwelling unit.
5. (Repealed by Ord. No. 56-2000, § 8)
6. 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 par-
cel 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 (100) percent 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 As-
pen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from
the calculation of Floor Area, up to a maximum exemption of 1,200 square feet per
parcel.
7. Affordable Housing Bonus. The Floor Area of a parcel containing a single-
family 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
lesser than fifty (50) percent of the Floor Area of the associated ADU or Carriage
House up to a maximum bonus of six -hundred (600) square feet per parcel.
8. Linked Pavilion. Any element linking the principal structure to an accessory
structure shall not be included in the calculation of floor area provided that the linking
structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long.
Areas of linking structures in excess of ten feet in length shall be counted in floor area.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 61
9. 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 -
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. of non -unit floor area
= 9,000 sq. ft. total floor area
Then, the total unit floor area in the building would be 8,000 sq. ft. floor area. Using
the Allocation of Non -Unit Space standard, the uses account for the following per-
centages of the total unit floor area:
commercial floor area = 25%
free-market residential floor area = 50%
affordable housing floor area = 25%
Therefore, the 1,000 sq. ft. of non -unit 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)
B. Building Heights.
1. Methods ofMeasurement for Varying Types o Roofs.
In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC),
and Service/Commercial/Industrial (SCI) Zone Districts, the height of the building shall be the
maximum 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
be measured as follows:
City of Aspen Land Use Code. August, 2007.
Part 500, Page 62
a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall
be the maximum distance measured vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope
of less than 3:12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to the mean height between the eave point and ridge of a gable, hip, gambrel
or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched
roof shall not extend over five feet above the maximum height limit.
C. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater, height
shall be measured vertically from the natural or finished grade, whichever is lower,
to a point one-third (1/3) of the distance up from the eave point to the ridge. There
shall be no limit on the height of the ridge. Chimneys and other appurtenances may
extend up to a maximum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or
similar structures shall not extend over ten (10) feet above the specified maximum
height limit, except for roofs with a pitch of 8:12 or greater, these elements may not
extend more than two (2) feet above the ridge. Water towers, solar panels, and me-
chanical equipment shall not extend over five (5) feet above the specified maximum
height limit. Church spires, bell towers and like architectural projections, as well as
flag poles, may extend over the specified maximum height limit.
2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street fac-
ing) facade may extend for the first thirty (30) feet of the building's depth.
3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell 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 sides to within eighteen (18) inches of the first floor level shall not
be counted towards maximum permissible height.
C. Lot Area. Except in the R15-B zone district, when calculating floor area ratio, lot areas shall
include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of
20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be ex-
cluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed
25%.
Also excluded from total lot area for the purpose of floor area calculations in all zone districts 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 right-of-way or surface easement. Lot area shall include
any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irri-
gation ditch, or any lands subject to an above ground or below ground surface easement such as
City of Aspen Land Use Code. August, 2007.
Part 500, Page 63
utilities that do not coincide with road easements. When calculating density, lot area shall have the
same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of
greater than 20% slope.
D. Site Coverage. Site coverage is typically expressed as a percentage. When calculating site cov-
erage of a structure or building, the exterior walls of the structure or building at ground level should
be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features
extending directly over grade shall be excluded from maximum allowable site coverage calcula-
tions.
E. Measurement of Demolition. The City Zoning Officer shall determine if a building is in-
tended 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:
l . 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.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in ad-
dition 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 asso-
ciated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof
involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as re-
moved. 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 integ-
rity, 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 exte-
rior 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 of Demolition, Section
City of Aspen Land Use Code. August, 2007.
Part 500, Page 64
26.104.100. 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 require-
ment 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. 55-2000, § 14; Ord. No. 56-2000, §§ 5, 6, 8; Ord. No. 25-2001,
§§ 6, 7; Ord. No. 46-2001, § 4; Ord. No. 55, 2003§4)
26.575.030 PWylfc Amenity
A. rpose. The City of Aspen seeks a vital, pWalsant downtown Public environment. Public
enity contributes to an attractive commer ' and lodging district by creating public places
settings conducive to an exciting pedestr' shopping and entertainment atmosphere. P amen-
ity can take the form of physical o erational improvements to public rights-o ay or private
property within these districts. is Amenity provided on the subject develo ent site is referred
to as On -Site Public Ameni this section.
B. Applicabili nd Requirement. The requirements of this ction shall apply to the devel-
opment of all c ercial, lodging, and mixed -use developme within the CC, Cl, MU, NC, SCI,
L, CL, LP LO Zone Districts This area represents As s primary pedestrian -oriented down-
town, a ell as important mixed -use, service, and lod ' g neighborhoods.
km4cnity.
rity-five (25) percent of each parcel with' the applicable area shall be provided ublic
For redevelopment of parcels o ich less than this twenty-five (25) p nt currently
exists, the existing (prior to redevelop t) percentage shall be the effective r irement provided
no less than ten (10) percent is re d. A reduction in the required public enity may be allowed
as provided in Section 26.575 D., Reduction of Requirement. E pt from these provisions
shall be development co ' ing entirely of residential uses. Als xempt from these provisions
shall be the redevelo nt of parcels where no on -site Public pity currently exists, provided the
redevelopment is ited to replacing the building in its sa dimensions as measured by footpri
height, and r area.
C. O#Trovision of Public Amenity. The PI g and Zoning Commission or Hc Preserva-
tio ommission, pursuant to the review edures and criteria of SectioXP —Commercial
sign Review, shall determine the a opriate method or combination os for providing
this required amenity. One or mo f the following methods may be use uctat the standard is
reached.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 65
the storage, display, and merchandising of goods and services; provided, however, that the pro-
hibition of this subsection shall not apply when such use is in conjunction with permitted com-
mercial activity on an abutting right-of-way or is otherwise permitted by the City. For outdoor
food vending in the Commercial Core District, also see Section 26.470.040(B)(3), Administra-
tive Growth Management Review.
10. Commercial Restaurant Use. The provisions above notwithstanding, required Public amen-
ity space may be used for commercial restaurant use if adequate pedestrian and emergency ve-
hicle access is maintained.
11. Design Guideline Compliance. The design of the public amenity shall meet the parameters
of the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guide-
lines.
(Ord. No. 55-2000, § 15; Ord. No. 1-2002 § 16, 2002; Ord. No. 23-2004, §3; Ord. No. 5, 2005, §2;
Ord. No. 13-2007)
26.575.040 Yards.
A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky ex-
cept for the following allowed projections:
1. Building eaves --Eighteen (18) inches;
2. Architectural projections-- Eighteen (18) inches;
3. Balconies not utilized as an exterior passageway, may extend the lesser of one-third 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 - Sec-
tion 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 re-
quired 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.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 69
8. Exterior merchandizing. Exterior merchandizing in non-residential zone districts shall be
prohibited in all required yard set backs.
9. Mechanical equipment. Mechanical equipment shall be prohibited in all front yard set-
backs. On corner lots, mechanical equipment may not be placed in the setback of any yard fac-
ing a Street.
10. Trash containers. Wildlife resistant refuse containers and dumpster enclosures that meet
the requirements of Section 12.08 of the Municipal 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.
The following supplemental regulations shall apply to all yards.
B. Required Yards Adjacent to Private Streets or Rights -of -way. Where there is no public dedica-
tion 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, Required Setback from a Pri-
vate Road or Right -of -Way.
------ -------- : -------------------- ......
------ ------------------ ----- -------- -----------
---------- -- -------
City of Aspen Land Use Code. August, 2007.
Part 500, Page 70
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, such yard to meet minimum setbacks
for a front yard in that zone district. The remaining yard bordering a street shall be two-thirds (2/3)
of the required front yard setback 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 dis-
tance as established for the less intensive use zone district.
E. Non Aligned 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 inspec-
tor 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.
26.575.045 Junk Y and Service Yards.
Junk yards (se coition, Section 25.104.100) shall be en from the view of oth lots, struc-
tures, us nd rights -of -way. Service yards (See de ition, Section 26.104.100) be fenced so
as n o be visible from the street, and such nces shall be a minimu (6) feet high from
e. All fences shall be of sound const on and shall have not m than ten (10) percent open
area.
26.575.050 Fences.
Fences shall be pe itted in every zone district ovided that no fence shall a ed six (6) feet
above natural e or as otherwise regulated the Residential Design Stan s or the Commer-
cial Desig tandards (see Chapters 26.4 and 26.412). Fences visible m the public right-of-
way sh e constructed of wood, sto , wrought iron or masonry. O orner lots, no fence, retain-
ing 1, or similar object shall b rected or maintained which ructs the traffic vision, nor on
,orner lots shall any fence, r ming wall, or similar obstru n be erected or maintained w
exceeds a height of forty- o (42) inches, measured fro reet grade, within thirty (30) from
the paved or unpaved adway. Plans showing propos construction, material, locatio d height
shall be presented the building inspector before uilding permit for a fence i ' ued. Addition-
ally, foliage sh be placed and maintained so at it will not obstruct vehi ar visibility at inter-
sections. (O . No. 55-2000, § 16; Ord. No. -2007)
City of Aspen Land Use Code. August, 2007.
Part 500, Page 71
i Plannin & Zoning Meetin — Minutes — June 01 2010
City g g � ,
MOTION: m DeFrancia moved to a ove Resolution 912, 2010 ap ving
tivith co ations, 8040 Greenline Re 'wand Residential Design St ands for
B ing Orientation and Buil o Lines; seconded by Jasmin ygre. Roll call
ote: Tygre, yes; Weiss, ; Myrin, yes; DeFrancia, yes eck, yes; Erspame
yes; Gibbs, no. A ved S-2.
r -
PUBLIC HEARING:
Miscellaneous Code Amendments
Stan Gibbs opened the public hearing for the Code Amendments. Chris Bendon
stated this was the section that describes how you measure all the heights, FARs,
and setbacks regarding development. Cliff Weiss said a lot of this discusses what
they have been discussing in the Aspen Area Community Plan but he was
concerned with the process. Weiss said that they need to prevent there from ever
being 15,000 square feet of sub -grade space. Weiss said there are some things that
overlap and some things he had concerns about were improving the code now from
changing it less than 6 months from now. Bendon said this section of the code
hasn't been touched in 15 or more years in any substantive way. Bendon said the
when Council and BOCC adopt the AACP one of the first things they are going to
have to do go through a massive work program; some will be very simple and
others with be extensive and require a consultant and a lot of staff time. Bendon
said they were trying to clean up the existing language without getting overly deep
into changing the substance and coming up with new things.
Bendon said the Calculations and Measurements Section included floor areas and
setbacks. There were provisions for what is allowed in setbacks; projections into
setbacks and how you measure heights. What is the net leasable and staff would
like to be closer to the industry.
Bendon asked the Commission for direction and guidance. Stan Gibbs asked what
Chris thought were the most significant. Bendon replied that Limitations from
time to time someone will want to exchange one non -conforming thing for another.
Bendon said that Measuring Lot Area and Slope was now a paragraph that tries in
text to describe what is easier described in a table that count towards the lot area
for lot area purposes and density purposes. Bendon said they reduced for slopes
once you get over 20% slopes except in the R-15B neighborhood. Slopes over
30% will be taken from the floor area. Bendon said that lot area is what you use to
decide the floor area.
5
City Planning & Zoning Meeting — Minutes — june 01, 2010
Bendon said that this was about putting more language into the code. Bendon said
that code says that you measure to the exterior of this surface material of the
building and the revised code says to measure to the sheathing and the building
permit plans are clear but it can add bulk in some buildings that add bricks or stone
to the sheathing. Bendon said there was a lot of room for interpretation so they
might want to look at it.
Bendon said there was an exemption for porches and there have been some
requests to do some exemptions on second level decks.
Bendon said that garages and carports were a graduated exemption up to 500
square feet. Weiss asked the motive of that paragraph for any dwelling unit.
Bendon replied that in 1997 when the city adopted Residential Design; the city
reduced the exemptions and made them only available if you used an alley if you
have an alley but you only get that 500 square foot exemption for the garage if you
have an alley. Weiss voiced concern for the heights of garages in some areas and
the vaulted areas become living areas. Weiss asked if there was anything to
address that in the code now. Bendon answered that it probably goes to the
discussion about attic space; it has sort of same function other than needing to get
up there. Weiss asked if attic space was the same as over a garage. Bendon
replied yes. Bendon said that in zone district R15B had the exemption for garages
and the exemption does not apply for multi -family commercial mixed use in
lodging buildings.
Bendon said that ADU count against the total square footage unless they are deed -
restricted and sold through the housing authority and then they do not count
whatsoever and you get an affordable housing bonus and half of that square
footage comes back to you as an additional FAR bonus.
Weiss asked for distinction between a permanent shed and temporary shed.
Myrin asked if the Wildlife -resistant Dumpster Enclosure could be attached to the
house. Bendon replied no because there may be other things in that part of the
structure; it needs to be an isolated area. Bendon said that he would clean up that
language.
Bendon said that for mixed use buildings you get an overall aggregate FAR for the
building and then there are individual FARs for each use. Bendon noted this gives
an example of the common space and there is a calculation for common space.
0
City Planning & Zoning Meeting— Minutes —June 01, 2010
Bendon said that setbacks are found through all the definitions; first you have to
figure out the front, side and rear lot lines and that tells you where the yards are
and there's something for non-aligned R6 lots, which never works. Weiss asked if
there was an appeal process. Bendon replied there was a process at the end of the
document for appeal process.
Gibbs asked about lots located on corners and asked how the front of the lot was
determined. Bendon replied it would be the house lining up with the front yards of
the other houses along that same block.
Bendon said there was a section on how to measure setbacks on private streets and
when the street moves along and the lot line down the center doesn't really
translate to the easement of the street so you use the boundaries of the street and
you measure from there.
Bendon said there is this piece on combined yards and that in R6 each side yard
has to be 5 feet and there has to be a combined of 15 so your house has to be
consistent. Weiss said for anything to project (second floor decks) into a setback
should not be allowed because that gets pretty close to the next building. Weiss
said that hedges can grow and block your view; he discussed berms and vegetation
blocking views from streets. Bendon responded it allows 42 inches in areas that
are the front fagade facing the street. Alexander said so if there are 2 streets you
have to go 30 feet back from each intersection. Bendon said that engineering did
the sight triangle and he would make sure the language was the same.
MOTION: Cliff Weiss moved to extend the meeting to 7:15pm; Bert Myrin
seconded, all in favor, Approved.
Weiss said that solar panels could take advantage of this setback for front yards.
Bendon said there was a new provision of rooftop railings and they should not
exceed 5 feet and at least 50% transparent. Erspamer asked if the rooftop
mechanical equipment had to be setback. Bendon replied that in commercial
design review they do a reference.
Bendon said they wanted to put a provision in the code for net leasable space and
net livable area (common circulation areas). Bendon said under net leasable he
wanted to put an exemption for interior air lock spaces; those go away. Net livable
was all that you live in. There were 2 exemptions that can be provided at the
7
City Planning & Zoning Meeting — Minutes — June 01, 2010
community development level; energy efficiency and the same for building code
compliance. Bendon asked the commission to think about these.
MOTION: Jasmine Tygre moved to continue the Code Amendment to June 15t'
seconded by Brian Speck. All in favor, Approved.
Ad' ourned at 7:25pm
Jackie Lothian, Deputy City Clerk
N.
I
— Minutes - Jupe 15, 2010
about the FZbu do say how the developable 1 as calculated. Myr' aid
that addingce in about what the code sand that it may chaBendons ' mind taking that Per tion 26.710.080 out would
defer t itch about the addition of the 1 guage. Haas replied i ou take that out
yo on't need to add anything else i , it is what it is. Tygre eed. Myrin stated
t it was important because we ere relying on so much ried and it might
come back. Haas responded the would not stand he and consider to not
having a vested right but'was okay to take the othe art. /
MOTION: Ber yrin moved to approve reso tion #013, series of 20 , Stream
Margin Revi for 69 Shady Lane with theopi6mination of the firsts ion;
secondeo LJErspamer. Roll call: Ty e, yes; SpZ, yes; Weiss,
;i'thdrawn
E pamer, yes; Gibbs, yes. App ved 6-0.
MOTION: LJ pamer moved to remg Easement
from Resolution #013-10; conded by Brian Spe
Discussion of mot' below: Myrin wante something in the Resoluti that said
the FAR calcu ions will be at the time the building permit. Be on said the
floor area this parcel shall be pu ant to the zoning for�thisrcel and
accArd to the land use code e ctive at the time of the sion of the
b ermit.Myrin said would like to make that otion.
Amending Mlie
Bert Myrin moved
be pursuant g for this parcel an
effective at the submission o e
Tygre. ApprJ against)
tha e floor area for this parcel sha
ccording to the land use code
building permit; seconded b asmine
CONTINUED PUBLIC HEARING:
Miscellaneous Code Amendments
Stan Gibbs opened the continued public hearing for the Code Amendments. Chris
Bendon stated this was a continued hearing on the section that describes how you
measure all the heights, FARs, and setbacks regarding development. Bendon went
through the Resolution that was changed from the last time in green and the table
that they were proposing for net lot area; this takes out for slopes, areas under high
water line and all of the things just talked about in the last application.
Bendon said that the concern that Cliff brought up regarding note #2, which sets a
basement on a property that can be reduced because of slope reduction. Bendon
provided a couple of options that he reviewed with Jim True and the commission
City Planning & Zoning Meeting — Minutes — June 15, 2010
agreed on Option B "There shall be no reduction in Floor Area attributable to steep
slopes except that the total slope reduction shall not result in a property having less
than one -thousand square feet of floor area." Bendon said Option B is probably
more adaptable. Jasmine Tygre said that Option B provides more flexibility and if
the lot was very steep it would give more control over that.
Bendon said the next was measuring floor area and measuring to the exterior
sheathing, vapor barrier or weather proofing excluding any exterior veneer. So the
measurement is to the weather membrane not the exterior rocks.
Bendon said that attic space shouldn't count if it is a traditional attic space and
should count if it is going to be used like any other room in the building or can be
used like any other room in the building. "Unfinished and uninhabitable space
between the ceiling joists and roof rafters which is either inaccessible as only a
matter of necessity is exempt from floor area calculations."
Bendon said the sheds, storage units, and similar accessory structures count against
floor area if they are more than thirty inches in height. Weiss said he has a
Rubbermaid storage shed that he keeps his rakes, snow shovels and yard
equipment and it was 6 feet high, about 4 feet wide and 2 feet deep; and this would
count against his FAR. LJ Erspamer asked what were they trying to discourage
and we want to enclose our trash. Erspamer said that you can't even have a shed
and he doesn't have a garage. Gibbs suggested any shed under 50 square feet is
exempt and more than that counts 100%. Erspamer wanted 100 square feet. Weiss
said that he was okay with 50 and was curious why LJ wanted 100. Tygre and
Weiss said that wasn't a shed it was a room. Bendon said that he wouldn't go
beyond 50 square feet. Tygre said 4 feet by 8 feet.
Bendon said the Wildlife Dumpster Enclosures in residential zone districts are
exempt from floor area. Gibbs said this was a particular use and had to be wildlife
resistant.
Bendon said that projections into setback couldn't be closer than 5 feet from the
next building.
MOTION: Cliff Weiss moved to extend the meeting to 7:15 pm, seconded by LJ
Erspamer. Approved 5-1 (Jasmine, no)
Z
City Plannina & Zoning Meeting — Minutes —June 15, 2010
Bendon said that energy systems were not appropriate in the front yard; if you
can't physically put it anywhere other than the front yard it ends up on top of your
building.
Myrin said that he has solar panels on his roof that are on the north and east sides
so they don't face the street and function until noon and didn't have to go through
HPC. Bendon said the question here was did you want to prohibit by definition in
the front yard.
Bendon said the next one was on page 12 of the resolution with the question why
do we regulate ridge height and we need know what the problem is first before we
attempt to fix it. Erspamer said that he was concerned where the measurement was
taken from; he asked if Chris was comfortable from measuring from the ground at
each point of the building. Erspamer voiced concern when the buildings were torn
down and all the soil was scraped and come back and nobody knows where the
original measurements were located so they need a variance because this is what
they have now. Bendon stated they measure from the lower of natural or finished
grade. Erspamer asked on a variable grade lot how do you take the average.
Bendon said that probably takes some discussion between the zoning officer and
the developer. Erspamer stated that you have to measure before they demolish.
Bendon replied yes, they wouldn't be grading because they need a development
permit to do that.
Bendon said the next was elevator and stair enclosures to exceed the height limit
by a certain amount only if they are setback so he suggested not to extend more
than 10 feet above the maximum specified height limit; if setback from the street
facing fagade of the building a minimum of 15 feet. The footprint of the stair or
elevator enclosure must be a minimum reasonably necessary for its function.
Myrin asked if on top of that elevator was there still another 5 feet for mechanical;
does that set a new height for all of that stuff. Bendon responded no, you can't
take all of these things and stack them together and do something that you
wouldn't otherwise be allowed to do. Weiss asked how peaked roofs work with
this. Bendon replied that if the elevator has a sloped roof you would measure that
point and go down. Weiss said it was a chimney. Bendon answered say the height
limit is 25 feet so you have a provision for measuring steep sloped roofs; the height
of the elevator enclosure could go to 35, you are measuring to the top part of that
elevator enclosure.
MOTION: LJErspamer moved to extend the meeting until 7: 30, Cliff Weiss
seconded, Approved 5-1 (Jasmine, no).
10
City Plannin6 & Zonin2 Meetinp_ — Minutes — June 15, 2010
Brian Speck excused himself at 7:15pm.
Bendon said on page 15 of the resolution is Site Coverage.
Bendon stated the last one was on page 16 of the resolution Exceptions for
Building Code Compliance. Bendon said the applicant needs to know what the
building is all about before you begin construction so they don't end up going to
Council to get a Code Amendment to deal with their particular situation.
Bendon said this resolution still needs all the graphics that support and explain all
the changes.
MOTION: Jasmine Tygre moved to approve the Code Amendment, Resolution
#014-10; seconded by Cliff Weiss. Roll Call: Myrin, yes; Erspamer, no; Tygre,
yes; Weiss, yes, Gibbs, yes. Approved 4-1.
Adj our ed at 7:25pm
fie
d4
ckie Lothian, Deputy City Clerk
11
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0042.2011.ASLU
NO PARCLE (CODE AMENDMENT)
130 S. GALENA ST
DREW ALEXANDER & CHRIS BENDON
CODE AMENDMENT CALCULATIONS AND
MEASUREMENTS
CITY OF ASPEN
6.7.11
CLOSED BY ANGELA SCOREY ON: 06.7.11
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Last name I�C TY OF ASPEN First name 130 S GALENA ST
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MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Chris Bendon, Community Development Director
DATE: October 25, 2010 • J
RE: First Reading of Ordinance No.Series 2010.
Land Use Code Amendments
• Calculations and Measurements
• Definitions
Second Reading scheduled for November Bch
SUMMARY:
Staff is proposing a wholesale rewrite of the City's Calculations and Measurements
section of the Land Use Code. This section describes how development is reviewed for
compliance with dimensional limitations such as floor area, height, setbacks and the like.
No changes to the zoning allowances and limitations are proposed, just how those aspects
are measured. This section has not been rewritten in many years and is a constant source
of frustration for both staff and applicants.
This rewrite is intended to clean-up the areas where staff has had to interpret the language
by providing clearer wording, example calculations, and graphics. There are some minor
substantive changes to the provisions and staff will highlight those during second
reading.
Staff has done some outreach with local architects in preparation of this ordinance. Staff
will be holding several more sessions with local architects, planners, and other interested
parties between now and second reading.
Second reading is scheduled for November 8th. Staff expects second reading to be a
discussion of the changes and direction for further refinement. Staff is not expecting a
final decision on November 8`h.
Attached are three versions of code text — Existing text from the Land Use Code, an
ordinance showing "track changes" highlighting the amendments, and an Ordinance
showing a "clean" version of the proposed text.
The Planning and Zoning Commission recommended adoption of these amendments by a
4-1 vote. Staff recommends Council adoption on first reading.
APPLICANT:
City of Aspen
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend by
Resolution the City Council to approve, approve with conditions, or deny the application.
City Council is the final review authority.
RECOMMENDATION:
Staff recommends adoption of the proposed amendments on first reading.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. ,na-, -S-eries 2010, on first reading."
ATTACHMENTS:
Exhibit A — Existing code text
Exhibit B — Ordinance No. _ showing track changes text
Exhibit C — "Clean" proposed text
Chapter 26.575 ; 000W p
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010 General.
26.575.020 Calculations and measurements.
26.575.030 Public Amenity
26.575.040 Yards.
26.575.045 Junk Yard and Service Yards.
26.575.050 Fences.
26.575.060 Utility/trash service areas.
26.575.070 Use square footage limitations.
26.575.080 Child care center.
26.575.090 Home occupations.
26.575.100 Landscape maintenance.
26.575.110 Building envelopes.
26.575.120 Satellite dish antennas.
26.575.130 Wireless Telecommunication Services Facilities and Equipment
26.575.140 Accessory uses and accessory structures.
26.575.150 Outdoor Lighting.
26.575.160 Dormitory.
26.575.170 Fuel storage tanks
26.575.180 Restaurant.
26.575.190 Farmers' market.
26.575.200 ..Group -Homes.
26.575.210 Lodge Occupancy Auditing
26.575.010 General.
Regulations specified ' in other sections of this Title shall be subject to the following supplemental
regulations.
26.575.020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for cal-
culating and measuring certain enumerated terms as used in this Title. The definitions of the terms
are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following
applies:
City of Aspen Land Use Code. August, 2007.
Part 500, Page 59
1. General. In measuring floor area for the purposes of calculating floor area ratio end al-
lowable floor area, there shall be included that floor area within the surrounding exterior
walls (measured from their exterior surface) of a building, or portion thereof. When meas-
uring from exterior walls, the veneer and all exterior treatments shall be included. When
calculating areas with stairs, each floor -to -floor staircase is counted only once.
2. Decks Balconies Porches Loggias and Stairways. The calculation of the floor area of
a building or a portion thereof shall not include decks, balconies, exterior stairways, gaze-
bos, and similar features, unless the area of these features is greater than fifteen (15) percent
of the maximum allowable floor area of the building (the excess of the 15% shall be in-
cluded). Porches and landscape terraces shall not be counted towards FAR.
3. Garages Carports and Storage Areas. In all zone districts except the R-15-B zone district,
for the purpose of calculating floor area ratio and allowable floor area for a lot whose prin-
cipal use is residential, garages, carports, and storage areas shall be excluded up to a maxi-
mum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and
storage areas between two hundred fifty (250) and five hundred (500) square feet shall count
fifty (50) percent towards allowable floor area; all garage, carport and storage areas in ex-
cess of five hundred (500) square feet per dwelling unit shall be included as part of the resi-
dential 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 ex-
cluded from floor area calculations up to two hundred fifty (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 (50) percent towards
allowable floor area. For the purposes of determining the exclusion, if any, applicable to ga-
rages, carports, and storage areas, the area of all structures on a parcel shall be aggregated.
For garages that are part of a basement, the garage exemption is taken from the total below
grade area before the sub -grade calculation takes place. In the R-lB zone district, garage,
carport, and storage areas shall be limited to a five hundred (500) square foot exemption
4. Subgrade areas. To determine the portion of subgrade areas that are to be included in calcu-
lating floor area, the following shall apply:
a. For any story that'is partially above and partially below natural or finished grade, which-
ever 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.
(Example: If fifteen (15) percent of the exterior surface wall area has been exposed
above natural or finished grade (whichever is lower), then fifteen (15) percent of the
gross square footage of the subject story will be included as floor area.)
City of Aspen Land Use Code. August, 2007.
Part 500, Page 60
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 or carport shall only be eligible for the
exclusions described in sub -section a if it is located along said alley or road.
C. In the R-15B zone district only, garages, carports, and storage areas shall be ex-
cluded from residential floor area calculations up to a maximum of five hundred (500)
square feet per dwelling unit.
5. (Repealed by Ord. No. 56-2000, § 8)
6. 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 par- .
cel 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 (100) percent 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 As-
pen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from
the calculation of Floor Area, up to a maximum exemption of 1,200 square feet per
parcel.
7. Affordable Housing Bonus. The Floor Area of a parcel containing a single-
family 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
lesser than fifty (50) percent of the Floor Area of the associated ADU or Carriage
House up to a maximum bonus of six -hundred (600) square feet per parcel.
8. Linked Pavilion. Any element linking the principal structure to an accessory
structure shall not be included in the calculation of floor area provided that the linking
structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long.
Areas of linking structures in excess of ten feet in length shall be counted in floor area.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 61
9. 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 -
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. of non -unit floor area
= 9,000 sq. ft. total floor area
Then, the total unit floor area in the building would be 8,000 sq. ft. floor area. Using
the Allocation of Non -Unit Space standard, the uses account for the following per-
centages of the total unit floor area:
commercial floor area = 25%
free-market residential floor area = 50%
affordable housing floor area = 25%
Therefore, the 1,000 sq. ft. of non -unit 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)
B. Building Heights.
1. Methods of Measurement for Varying Types of Roofs.
In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC),
and Service/Commercial/Industrial (SCI) Zone Districts, the height of the building shall be the
maximum 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
be measured as follows:
City of Aspen Land Use Code. August, 2007.
Part 500, Page 62
a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall
be the maximum distance measured vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope
of less than 3:12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to the mean height between the eave point and ridge of a gable, hip, gambrel
or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched
roof shall not extend over five feet above the maximum height limit.
C. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater, height
shall be measured vertically from the natural or finished grade, whichever is lower,
to a point one-third (1/3) of the distance up from the eave point to the ridge. There
shall be no limit on the height of the ridge. Chimneys and other appurtenances may
extend up to a maximum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or
similar structures shall not extend over ten (10) feet above the specified maximum
height limit, except for roofs with a pitch of 8:12 or greater, these elements may not
extend more than two (2) feet above the ridge. Water towers, solar panels, and me-
chanical equipment shall not extend over five (5) feet above the specified maximum
height limit. Church spires, bell towers and like architectural projections, as well as
flag poles, may extend over the specified maximum height limit.
2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street fac-
ing) facade may extend for the first thirty (30) feet of the building's depth.
3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell 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 sides to within eighteen (18) inches of the first floor level shall not
be counted towards maximum permissible height.
C. Lot Area. Except in the R15-B zone district, when calculating floor area ratio, lot areas shall
include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of
20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be ex-
cluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed
25%.
Also excluded from total lot area for the purpose of floor area calculations in all zone districts 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 right-of-way or surface easement. Lot area shall include
any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irri-
gation ditch, or any lands subject to an above ground or below ground surface easement such as
City of Aspen Land Use Code. August, 2007.
Part 500, Page 63
utilities that do not coincide with road easements. When calculating density, lot area shall have the
same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of
greater than 20% slope.
D. Site Coverage. Site coverage is typically expressed as a percentage. When calculating site cov-
erage of a structure or building, the exterior walls of the structure or building at ground level should
be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features
extending directly over grade shall be excluded from maximum allowable site coverage calcula-
tions.
E. Measurement of Demolition. The City Zoning Officer shall determine if a building is in-
tended 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.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in ad-
dition 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 asso-
ciated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof
involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as re-
moved. 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 integ-
rity, 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 exte-
rior 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 of Demolition, Section
City of Aspen Land Use Code. August, 2007.
Part 500, Page 64
26.104.100. 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 require-
ment 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. 55-2000, § 14; Ord. No. 56-2000, §§ 5, 6, 8; Ord. No. 25-2001,
§§ 6, 7; Ord. No. 46-2001, § 4; Ord. No. 55, 2003§4)
26.575.030 Pu
A. Purpo The City of Aspen seeks a vital, pleas downtown Public environment. ublic
Ameni ontributes to an attractive commercial odging district by creating public ces and
se s conducive to an exciting pedestrian sho ing and entertainment atmosphere. blic amen -
can take the form of physical or opera ' al improvements to public rights- -way or private
property within these districts. Public enity provided on the subject devel ent site is referred
to as On -Site Public Amenity in this ction.
B. Applicability and Rgedirement. The requirements of thi ction shall apply to the d 1-
opment of all commerci odging, and mixed -use developm within the CC, C1, MU, , SCI,
L, CL, LP and LO Z e Districts This area represents As 's primary pedestrian-orie down-
town, as well as ' ortant mixed -use, service, and lod ' g neighborhoods.
Twenty-f (25) percent of each parcel wilKthe applicable area shall b provided as Public
Amer' . For redevelopment of parcels o hich less than this twenty-f (25) percent currently
e1A, the existing (prior to redevelop t) percentage shall be the of tive requirement provided
06 less than ten (10) percent is requ' . A reduction in the require ublie amenity may be allowed
as provided in Section 26.575.0 D., Reduction of Requireme : Exempt from these provisions
shall be development consis ' g entirely of residential uses. Also exempt from these provi ' ns
shall be the redevelopme parcels where no on -site Pu c amenity currently exists, prow' d the
redevelopment is limit to replacing the building in its ame dimensions as measured ootprint,
height, and floor ar
C. Provi n of Public Amenity. The PI ing and Zoning Commissio Historic Preserva-
tion Co ssion, pursuant to the review p edures and criteria of Secti 26.412 — Co ere
Desig eview, shall determine the app riate method or combinatio of methods for pro ing
thi quired amenity. One or more o e following methods may b sed such that the Stan and is
City of Aspen Land Use Code. August, 2007.
Part 500, Page 65
Zstorage,ay, and merchandising of goo and services; provided, however, that pro -
subsection shall not apply en such use is in conjunction with permitted com-
on an abutting right-o ay or is otherwise permitted by the City For outdoor
n the Commercial C District, also see Section 26.470.040(B)(3), Administra-
anagement Revi
10. Commercial Restaur se. The provisions above notwithstanding, required Public amen-
ity space may be used r commercial restaurant use if adequate, pedestrian and emergency ve-
hicle access is maaii fined.
11. Desi n eline Compliance. The design of the public amenity shall meet the parameters
of the City Aspen Commercial, Lodging and His�,ric District Design Objectives and Guidy
lines.
(Ord. No. 55-2000, § 15; Ord. No. 1-2002 § 1 , 2002; Ord. No. 23-2004, §3; Ord. o. 5, 2005, §2;
Ord. No. 13-2007)
Tce26.575.040 Yards.
A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky ex-
pt for the following allowed projections:
1. Building eaves --Eighteen (18) inches;
2. Architectural projections-- Eighteen (18) inches;
3. Balconies not utilized as an exterior passageway, may extend the lesser of one-third 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 - Sec-
tion 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 re-
quired 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.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 69
8. Exterior merchandizing. Exterior merchandizing in non-residential zone districts shall be
prohibited in all required yard set backs.
9. Mechanical equipment. Mechanical equipment shall be prohibited in all front yard set-
backs. On corner lots, mechanical equipment may not be placed in the setback of any yard fac-
ing a Street.
10. Trash containers. Wildlife resistant refuse containers and dumpster enclosures that meet
the requirements of Section 12.08 of the Municipal 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.
The following supplemental regulations shall apply to all yards.
B. Required Yards Adjacent to Private Streets or Rights -of -way. Where there is no public dedica-
tion 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, Required Setback from a Pri-
vate Road or Right -of -Way.
----------- --------------- ------ I ------- F ---- -------------
.............. :* ------ ----------------- ----- ----- : ------------------- -----------
City of Aspen Land Use Code. August, 2007.
Part 500, Page 70
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, such yard to meet minimum setbacks
for a front yard in that zone district. The remaining yard bordering a street shall be two-thirds (2/3)
of the required front yard setback 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 dis-
tance as established for the less intensive use zone district.
E. Non Aligned 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 inspec-
tor 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.
=575.OFJunkYard and SeX
ds (see definition, Sectishall be screened from the view o er lots, struc-
tu uses and rights -of -way. Sedefinition, Section 26.104.1 shall be fenced so
not to be visible from the stfences shall be a minim six (6) feet high from
grade. All fences shall be of so and shall have not mo han ten (10) percent open
area.
26.575.050 Fen .
Fences shall permitted in every zone district pro ed that no fence shall exceed six (6) f
above natu grade or as otherwise regulated by Residential Design Standards or the Co er-
cial Des' Standards (see Chapters 26.410 26.412). Fences visible from the publ' ght-of-
way 11 be constructed of wood, stone, ght iron or masonry. On corner lots, ence, retain -
in all, or similar object shall be erec or maintained which obstructs the tr c vision, nor on
mer lots shall any fence, retainin all, or similar obstruZO
te r maintained which
exceeds a height of forty-two (42 riches, measured from strin thirty (30) feet from
the paved or unpaved roadwa lans showing proposed conserial, location and height
shall be presented to the b ing inspector before a building ence is issued. Addition-
ally, foliage shall be pla and maintained so that it will noicular visibility at i -
sections. (Ord. No. 5 00, § 16; Ord. No. 12-2007)
City of Aspen Land Use Code. August, 2007.
Part 500, Page 71
ORDINANCE NO -
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE FOLLOWING SECTIONS OF THE CITY OF
ASPEN LAND USE CODE:
26.575.020 — CALCULATIONS AND MEASUREMENTS
26.104.100 — DEFINITIONS
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 considered public testimony and the recommendation of the Director
and recommended, by a four to one (4-1) vote, City Council adopt the proposed
amendments; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Deleted: P&Z Reso.
Formatted: Right: 0.25"
Prdinance No._ Series 2010 Page 1.:'
Section 1
Section 26.575.020, Calculations and Measurements, of the City of Aspen Land Use
Code, which section authorizes, defines, describes, and depicts how various
measurements and calculations regarding development are to be accomplished, shall read
as follows:
26.575.020. Calculations and Measurements.
A. Purpose. This section sets forth methods for measuring, floor area,, height, setbacks, Formatted: Font: Bold, Italic
and other dimensional aspects of development and describes certain allowances, Deleted: The purpose ofthisSectionis
requirements and other prescriptions for a range of structural components, such as tosetforthsupplemental regulatiom
which relate to methods for calculating
porches, balconies, garages, chimneys, mechanical equipment, projections into yards, etc. and measuring certain enumerated
The definitions of the terms are set forth at Section 26.104.100. terms as used in this Title. The
— definitions of the terns are set forth at
Section 26.104.100.1
R. Limitations.. The prescribed dimensional requirements and specific allowances and Formatted: Font: 12 pt
.,
limitations, such as height, setbac etc., of distinct structural com onents shall not be .... •.•
aggregated or combined in a manner that extends beyond the dimensional limitations of
any distinct allowance of an individual structural component or in a manner that qreates
or extends the specific nature of a non -conforming structure. For example, if a deck is
permitted to be developed within five feet of a property boundary and a garage must be a
minimum of ten feet from the same property boundary, a garage with a deck on top of it
may not be developed any closer than ten feet from the property boundary or otherwise
produce an aeereeated structural component that extends bevond the setback limit of a
garage.
Non-conformine aspects of a property or structure are limited to the specific nature of the
non -conformity. Specific non -conforming aspects of a property cannot be converted or
exchanged in a manner that creates or extends a different specific non -conforming aspect
of a property. For example, a property that exceeds the allowable floor area and contains
deck area that exceeds the amount which may be exempted from floor area cannot
convert deck space to additional interior space.
C, Measurinm Net Lot Area. A property's development rights are derived from Net Lot
Area. This is a figure that accounts for the presence of steep slopes, easements, areas
under water, and similar factors of a property. The method for calculating a parcel's Net
Lot Area is as follows:
Percent of parcel to be
included in Net Lot Area to
Percent of parcel to be
included in Net Lot Area to
determine allowable Floor
determine allowable Density
Area
Areas of a parcel with 0% to
100%
100%
20% slope
prdinance-No. __.-Series 2010
Formatted: Font: 12 pt
Formatted: Font: Bold
Formatted: Tabs: 0.25", Left
Formatted: Font: Not Italic
Formatted. Font: Not Italic
Formatted: Font: Not Italic
Deleted: P&Z Reso.
Formatted: Right: 0.25"
Page 2.;'
Areas of a parcel with more
For properties in the R-15B
100%
than 20% and up to 30% slope
Zone - 100%
For all other properties -
50%.
Areas of a parcel with more
For properties in the R-15B
100%
than 30% slope
Zone - 100%
For all other properties - 0%.
Areas below the hiph water
0%
0%
line of a river or body of
water.
Areas dedicated to the City or
100%
100%
County for open space or a
public trail.
Areas within an existing,
0%
0%
proposed, dedicated, or
vacated public or private
vehicular right-of-way or
vehicular easement, including
emergency access easements.
Areas of a property subject to
100%
100%
above ground or below
ground surface easements
such - as utilities or an
irrigation ditch that do not
coincide with vehicular
easements.
Notes:
1. In instances where the natural grade of a property has been affected by prio- Formatted: Bullets and Numbering
development activity, the Community Development Director may accept an
estimation of pre -development topography prepared prepared by 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 attributable 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 only if both properties abut a public or private right-of-way and neither
propertis is dependent on the shared driveway to gain access. CI;I-td. p&ZReso.
Formatted: Right: 0.25"
P -. ------ ---
_ r_4inance No. Seri ;
Series 2010 _ _ _ Page 3.'
L Measurin Floor ;area. In measuring floor areas for floor area ratio and allowable
floor area, the following applies: Deletee:
1. General. In measuring g building for the purposes_ of calculating floor -area ratio - -- Deleted: floor area
and allowable floor area, there shall be included11 areas within the surrounding Deleted: that
exterior walls pf�buiIdigg or portion thereof. When measuring_ the exterior } Deleted: floor
walls, the measurement shall be taken from the exterior face of stud, exterior face of Deleted; (measured from their exterior
structural block, or similar exterior surface of the nominal structure excluding sur-&ce)
sheathing, vapor barrier, weatherproofing membrane, exterior -mounted insulation Deleted: a
systems, and excluding; all exterior veneer and surface treatments such as stone,
stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. Deleted; veneer and all exterior
A1S0 See provisions for setbacks - **!I treatments shall be included.
Figure 1: Exterior Veneer
2. Vertical circulation. When calculating areas with stairs or an elevator
connecting separate levels of a structure, lle elementshall be countedzon every floor - -- Deleted: each floor -to -floor staircase is
which is connected by the element. For elevators, each stop of the elevator shall be counted only once.
counted as if it were a solid floor.
3. Attic Space. Unfinished and uninhabitable space between the ceiling ioists and
roof rafters of a structure which is either inaccessible or accessible only as a matter of
necessityis exempt from the calculation of Floor Area Ratio and allowable Floor
Area. If the space is conveniently accessible and is either habitable or can be made
habitable it shall be counted in the calculation of Floor Area Ratio and allowable
Floor Area. Formatted: Indent: Left: 0.63
Space Before: 6 pt, After: 0 pt
Examples: Formatted: Bullets and Numbering
Deleted: P&L Reso.
a. An area created by a "hung" or "false" ceiling is exempt.
Formatted: Right: 0.25"
rdinance No. -Series 2010----- -------------------
b. An area accessible only through an exterior access panel or crawl space is
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.
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 other practical limitations to routine use. Exempt from the calculation
of Floor Area and Floor Area Ratio shall be areas with 30 vertical inches or less
between the finished floor level and the finished ceiling, regardless of how that space
is a
fGr
4. Decks, Balconies_ Uggias, .Extefior %airways, and non -Street -facing porches.
The calculation of the door lea of a building or a portion thereof shall not include
- - ---- Pot ----- -
decks, balconies, exterior stairways, non Street -facing_ porches, gazebos and similar
features, unless the area of these features is greater than fifteen percent (15%) of the ?,
maximum allowable floor area or the j2ropeM. If the area of these features exceeds
fifteen percent (15%) of the property's maximum allowable Floor Area, only the
areas in excess of the fifteen percent (15%) shall be attributed towards the maximum
allowable Floor Area for the property. The area of these features shall be the
maximum footprint of the feature including railings, fixed seating, fixed planter
boxes, overhangs, and similar structural components of the feature.
5. Front Porches. Porches on Street -facing fagade(s) of a structure within thirty (30)
inches of the ground level shall not be counted towards allowable Floor Area.
Otherwise, these elements shall be attributed to Floor Area as a Deck.
6. Patios and Landscape Terraces. Patios and Landscape Terraces within thirty (30)
inches of finished grade shall not be counted towards allowable Floor Area.
Formatted: Space After: 0 pt
Formatted: Space After: 0 pt
Deleted: 2
Deleted: b
Deleted: porches.
Deleted, I
Deleted: -and
Deleted• s
Deleted: f
Deleted: a
Deleted: of
Deleted: building
Deleted: (the excess ofthe fifteen
percent [15%) shall be included).
Deleted: and landscaped terraces
Deleted: FAR
7. Garages and! carport, lodging, - For all multi -family, commercial, lod in , and mixed -use Deleted: ¶
"' — — — -' 3
buildings, the garage and carport area shall be attributed towards Floor Area and
Floor Area Ratio with no exclusion. Deleted,
Deleted: and storage areas
In the R-15B Zone District, garage and carport areas shall be excluded up to a Deleted: P&zReso.
maximum five -hundred -square -foot exemption total for the property. - , Formatted: Right: o.zs°
rdinance•No.. ,-Series 2010---------------------
P-- - -
In all zone districts pther than the R-15, Zone District, for the purpose of calculating --- Deleted: except
floor area ratio and allowable floor area for a property containing a Single -Family or Deleted: -
Du lex structure. ara es "[ orts hall be excluded as follows: -- Deleted: a lot whose p - g """` - . -- - principal use is
residential
Deleted
Sipe o Garage or Carport Area excluded per
Deleted'. and storage areas
primary dwelling
Formatted: Tabs: 0.25", Left +Not
at 0.5"
Formatted Table
Formatted: Indent: First line: 0",
Tabs: 0.25", Left + Not at 0.5"
Formatted: Indent: First line: 0",
Tabs: 0.25", Left + Not at 0.5"
Formatted: Indent: First line: 0",
Tabs: 0.25", Left + Not at 0.5"
Formatted: Indent: Left: 0.5"
For any property abutting 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
Deleted: up to a maximum area oftwo
hundred fifty (250) square feet per
dwelling unit; all garage, carport andstorage areas between two hundred fifty
(250) and five hundred (500) square feet
shall count fifty percent (50%) towardsallowable floor area; all garage, carport
and storage areas in excess of five
hundred (500) square feet per dwelling
calculations as described above if the garage or carport is accessed from said alley or
road. If an alley or private road does exist and is not utilized for garage or carport
access, 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 above.
or garages that are p--- r artof a, u ade area, an permitted. Floor Area-exem Lion is ;
g -----------------Y P —� P
----
unit shall be included as part ofthe
residential floor area calculation. For an y
taken from the total gross below -grade area prior to calculating any Floor Area
dwelling unit which can be accessed from
----- - -- -----------------
exemption for sub ade area. or example, if a 2,000 square foot story co- - ------ a '
p + - � . - E - p 2, - -- ry --- - _- -�--
analkyorprivateroadenteringatthe
rear or side of the dwelling unit, the
s
350 square foot garage is 40% above grade, the calculation shall be as follows:
garage shall only be excluded from floor
area calculations up to two hundred fifty
Garage exemption - the first 250 square s feet is exempt and the next 100 square
q p q
(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
feet fifty
feet counts 50% or 50 square feet = 300 square feet of the garage which is ri,,
r',
exempt.
;{;
�r
(500) square shall count percent
(50%) towards allowable floor area. For
Subgrade exemption - 2,000 gross square feet minus 300 square feet of exempt
;,;;;
the purposes of determining the
exclusion, if any, applicable to garages,
carports and storage areas, the area of all
structures on a parcel shall be aggregated.
ara ace = 1,700 gross s feet multi lied by 40% = feet of +l';
g 1?e s p +�Iuare I� 680 s quare $; ';
that level which counts towards allowable Floor Area. ;
Deleted: basement
_. .....-_............. _.-.._ _ - --
Deleted: the
Subgrade areas. To determine the portion of subgrade_ areas that are to be `. ;,`;� Deleted: garage
included in calculating floor area, the following shall apply:
Deleted: before
a. For any story that is partially above and partially below natural or finished
`
Deleted: the
grade, whichever is lower, the total percentage of exterior surface wall area
Deleted: calculation tales place.
that is exposed above the most restrictive of the grades shall be the total
Deleted. In the R-IB Zone District,
percentage of the gross square footage of the subject story included in the
garage, carport and storage areas shall be
limited to a five -hundred -square -foot
floor area calculation. Subgrade stories with no exposed exterior surface wall
exemption.
area shall be excluded from floor area calculations.
Deleted: 4
rdinance No. Series 2010-
------- Page_6
J Deleted: P&Z Reso.
Formatted: Right: 0.25"
For the purposes of this section, the wall area to be measured shall not include •----- Formatted: Indent: First line: 0"
exterior wall area associated with structural components of the foundation or
floors of the structure. [graphic]
Ii
Floor Structure
Area of wall t\
be used for
subgrade
calculation '
Foundation and Floor Structure
Foundation Footer
Figure 2: Subgrade Wall
example: If fifteen percent (15%-) of the exterior wall area has been - -- Deleted: ¶
---_ -surface.
exposed above natural or finished grade (whichever is lower), then fifteen
percent (15%) of the gross square footage of the subject story will be included
as floor area.
Deleted: ¶
Figure 3: Subgrade Calculation
Ordinance No. _,_Series 2010
Deleted: P&Z Reso.
Formatted: Right: 0.25"
---------- Page -7-'
For the purposes of this subgrade calculation, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the
spaces is 50% or less than the distance between the floor and ceiling of either space.
[graphic]
r_-------------------------------- _-------------------------.-..----.
Accessory Dwelling Units and Carriage Houses. An accessorydwelIin unit or
------ --- ---- --- ----g
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 (100%) 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.
�0. Affordable Housing Bonus. The floor area of_aparcel containing a single-family
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
residence. Accessory structures thirty-six inches or less in height, as measured from
finished grade, shall be exempt from Floor Area calculations (also see setback
limitations). Accessory structures larger than thirty-two square feet per residence and
more than thirty-six inches in height shall be included in the calculation of Floor
Area. Properties which do not contain residential units are not eligible for a Floor
Area exemption.
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 or 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-1513 Zone District only,
garages, carports and storage areas shall
be excluded from residential floor area
calculations up to a maximum of five
hundred (500) square feet per dwelling
unit.¶
5.. (Repealed by Ord. No. 56-2000, §8)¶
6
- Deleted:7
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 , Deleted: P&ZReso.
enclose the trash receptacles in both height and footprint, is an unconditioned space Formatted: Right: 0.25"
Prdinance No. _,_Series 2010 ---- ----------------------- Page- 8•,'
- ------------- -- -
not located inside other structures on the property, and serves no other purpose such
as storage, izarage 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 floor area requirements and shall comply with zone
district requirements for Utility/Trash/Recycle areas.
Enclosures shall be located adjacent to the alley where an alley borders the property
and shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non -historic structures.
.U. 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 -
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 non -unit 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)
jordinanceNo.___Series 2010-- - - ---- --- _........... ....... _.--- Page 9.,'
Deleted: 8. Linked Pavilion. Any
element linking the principal structure to
an accessory structure shall not be
included in the calculation of floor area,
provided that the linking structure is no
more than one (1) story tall, six (6) feet
wide and ten (10) feet long. Areas of
linking structures in excess often (10)
feet in length shall be counted in floor
area.¶
9
Deleted: P&Z Reso.
Formatted: Right: 0.25"
E. Measuring Setbacks.
1. General. Required setbacks shall be unoccupied and unobstructed within an area -- Formatted: Font: Italic, Underline
extending horizontally from the parcel boundary to the setback line and vertically above
and below grade, excepting allowed prroiections 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. fgrraphicl
;. Determining Front, Rear, and Side Yards. The front yard setback shall be measured Formatted: Font: Italic, 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 right-of-way. There shall not be more than one front
lot line. For comer parcels, the front lot line shall be the parcel bounden along, the Street
with the longest block length and the remaining boundary shall be a side lot line.
-1 L
Street Block Length
270'
Front Yard
100, Side
Yard
Alley
N L
v
N
Corner Lot
Figure 4: Determining Setbacks
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.
Deleted: P&z Reso.
Formatted: Right: 0.25"
_dinance No. _._., Series 2010 Pie- 1Q';
- -------------------------------------
Figure
5: Corner lot with curved street
For reverse curve lots, the curved portion of the lot line shall be considered the front lot
line and the two opposing parcel boundaries shall be considered side lot lines.
Street
Front
Yard
Side Yard
Street _
I — -
Side Yard
Figure 6: Reverse curve lot
For double frontage lots with Streets on onnosite sides of the parcel (except for those
parcels abutting Main Street) the front lot line shall be the parcel boundary with the
greatest length of Street frontage and the opposing lot boundary shall be the rear lot line.
leratnhicl For double frontage lots abutting Main Street, the front lot line shall be the lot
boundM adioining_Main Street.
The rear vard setback shall be measured from the rear lot line. The Rear Lot Line shall
be the parcel boundaa opposite the front lot line. A parcel shall have only one rear lot Deleted: P&z Reso.
line.
• Fo tted� Ri h • 0 25"
Or4inance_No.__,,,_Series 2010 _ _ _ _ _ _ _ _
m ra g t.
Page.
11•;-
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.
�. Determining required yard setbacks adiacent to, private streets or r�hts-of--way. Along
private streets where the lot extends into the right-of-way or street easement, 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.
- -- --------- ------------- --- - - - - --- ---------------
Figure 7: Required setback from a private road or right-of-way
4. Combined Yards. Where zoning provisions require a combined setback (either front-
-
ra hie
I
crr 0
durance No. _,_, Series 2Q10
Formatted: Font: Not Bold
Deleted: P&Z Reso.
Formatted: Right: 0.25"
Page_ 12.;'
Allowed Proiections into Setbacks. Setback areas shall be unobstructed above and
below ground except for the following allowed projections:
a. Above or below ground utilities, below -grade heating or cooling conduit or -
infrastructure such as a ground -source heat lump system, below-gradees dry wells
or other at -grade or below -grade drainage infrastructure.
b. Trees and vegetation.
c. Flagpoles, mailboxes, address markers
d. Foundation footers, soil nails or below -grade tiebacks, and similar improvements
necessary for the structural integrity of a building or other structures.
e. The minimum projection necessary to accommodate exterior mounted utility
functions, meters, cable boxes, vent flues, standpipes, and similar apparatus and
including any protective structure as may be required or practically necessary.
f. Building eaves, bgy windows, window sills, and similar architectural projections
up to eighteen (18) inches.
g. 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. In no case shall the projection be allowed closer than five (5) feet to a
property line. This projection is allowed for balconies only and does not permit
projections of other improvements, such as garages or carports.
h. The minimum projection necessary to accommodate an exterior -mount fire escape
to an existing building as be required by adopted Building or Fire Codes.
i. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls,
earthen berms, drainage swales, retaining walls, steps and similar structures,
which do not exceed thirty (30) inches vertically above or below natural grade or
finished grade, whichever is more restrictive. (Also see Chapter 26.410 —
Residential Design Standards for limits on the location of berms.) Improvements
may be up to thirty (30) inches above and below grade simultaneously. [graphic]
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 egress.
j. Fences and hedges less than forty-two (42) inches in height, as measured from
finished grade, are permitted in all required yard setbacks. Fences and hedges up
to six (6) feet in height, as measured from finished grade, are permitted only in
areas entirely recessed behind any facade of a structure facing a Street. [graphic]
(Also see Section 26.575.050 — Supplementary Regulations for limitations on
fence materials.)
Formatted: Font: Not Bold
Formatted: Bullets and Numbering
k. Driveways not exceeding twenty-four (24) inches above or below natural grade
within any setback of a yard facing a Street. Within all other required setbacks, Deleted: P&ZReso.
-dinance-No.-`,-Series 2010
Formatted: Right: 0.25"
-------------Page- 13.;'
finished grade of a driveway shall not exceed thirty (30) inches above or below
natural grade. Parking is only permitted within required setbacks if it is in an
approved driveway or other area approved for parking.
I. 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
ground.
in. Hot tubs spas, pools, water features, and permanently affixed outdoor ;;rills,
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 thirty (30) inches above or below finished grade. These
features may_ be 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.
n. Heating and air conditioning equipment and similar mechanical equipment shall
be prohibited in all yards facing a Street. Mechanical equipment may be placed
within non -street facing yards but shall not exceed thirty (30) inches above or
below finished grade. These features may be up to thirty (301 inches above and
below finished grade simultaneously.
o. The height and placement of energy efficiency or production systems and
guipment which are located adjacent 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 systems are discouraged
in all yards facing a Street. For energy production systems and equipment located
on top of a structure, see Section ***.
p. Wildlife -resistant dumpster enclosures located in residential zone districts shall be --
prohibited in all yards facing a Street. These facilities may be placed within non -
street facing yards if the enclosure is the minimum reasonably necessary to
enclose the trash receptacles 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 pgMoses 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.
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start
at: 1 + Alignment: Left + Aligned at:
0.25" + Tab after: 0.5" + Indent at:
0.5"
Temporary intermittent placement of trash containers in or along yards facing a -------- Formatted: Indent: Left: 0.25",
Street is allowed. For example, on "trash day." I Hanging: 0.25"
Enclosures shall be located adjacent to the alley where an alley borders the
property and shall not be located in a public right-of-way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut or
be attached to an historic structure. Enclosures may abut other non -historic
structures.
Deleted: P&Z Reso.
Formatted: Right: 0.25"
dinan�No. r,, Series 2010 ---Page 14.;'
Measuring Building Rights. - = Deleted: a
1. General. In measuring a building for the compliance with height restrictions, theme Deleted: n
measurement shall be the maximum distance measured vertically ftom the ground Formatted: Bullets and Numbering
to the highest point of the building located above that point, as further described Deleted: 1. .
below and subject to certain exceptions as also described below:
• ----- Formatted: Indent: Left: 0.25"
a. Measuring from the Around - At each location where the exterior•--- -- Formatted: 1st para indent 1 no,
perimeter of a building meets the ground the measurement shall be taken Numbered + Level: 2 + Numbering
from the lower of natural or finished grade. Building permit Tans must style: a, b, c, ... + start at: 1 +
$ €�P P Alignment: Left +Aligned at: 0.75"
depict both natural and finished grades. + Tab after: 1" + Indent at: 1"
In instances where the natural grade of ij property has been affected by --.-- Formatted: Font: 12 pt
prior development activity, the Community Development Director may
accept an estimation of pre -development topography prepared by 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.
For the Dumoses of measuring height within the footprint of a buildin
the points around the perimeter of the building, as described above, shall
be proiected from side to side to establish a two dimensional plane
representing the ground. The height of the structure within the footprint of
the building shall be measured using this r�plane.
If necessary, the Community Development Director may require an
applicant document natural grade, finished grade, grade being used within
the footprint of the building, and other relevant information that may need Formatted: Font: 12 pt
to be documented prior to construction.
b. Measuring to the roof - The high point of the measurement shall be taken -------- Formatted: Bullets and Numbering
from the surface of a structure's roof inclusive of the first laver of exterior
sheathing or weatherproofing membrane but excluding exterior surface
treatments such as shakes, shingles, or other veneer treatments or
ornamentation.
When measuring roofs to a point between the ridge and the eave point, th------- f Formatted: Indent: Left: 1"
eave point shall be the point in the roof plane of a structure or building
which intersects with the exterior wall surface [graphic]
r4inange.No. -Series 2010
Deleted: P&Z Reso.
Formatted: Right: 0.25"
Page 15-,'
Figure 8: Eave Point and Exterior Sheathing of a Roof.
2. For properties in the Commercial Core (CC), Commercial (CO, Commercial -
Lodge WU 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 be --
measured accordingto o the pitch of the roof as follows:
- — - - — - — - -------- — — — — --------------------------------------------------------
Flat roofs or roofs with a i,� tch of less than 3:12. The_ height of building
1.----
with a roof pitch of less that 3:12 shall be measured from the ground .to the
roof top or roof ridge. 1grraphicj _____
rdinance No. `.-Series 2010
Formatted: Indent: Left: 1"
Formatted: Indent: Left: 0.25"
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: <#>Methods of measurement
for varying types of roofs. ¶
In the Commercial Core (CC),
Commercial Lodge (CL), Neighborhood
Commercial (NC) and
Service/Commercial/Industrial (SIC/1)
Zone Districts, the height of the building
shall be the maximum 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 be measured as follows:
Deleted: slope
Deleted: the
Deleted: the maximum distance
measured vertically
Deleted: from the natural or finished
grade, whichever is lower,
Deleted: ridge of a flat, mansard or
other roof with a slope of less than 3:12.
Deleted: P&Z Reso.
Formatted: Right: 0.25"
Roof pitch
'tc
Parapet T3:12 or less
wall
Height Height of
Building
r
Figure 9: Measuring height for flat roofs or roofs with less than 3:12 pitch
b. Roofs with a &itch rom 3:12 to 7:12. _The height of a building with a roof Deleted: dupe-- ----------------- ----------- -------------- - --------- --,
,Ri-tch -from 3-:-12-to 7:12, sk411 _be_ measured from the ground;o the motet of the For roofs
roof halfway between the eave point and the ridgeTjjq.ridge of1he roof shallN',,-,-: - Deleted: slope
not extendoj2M than feet above the maximum height limit. Deleted: , height
Deleted: vertically
Deleted: from the natural or finished
grade, whichever is lower,
Deleted: mean height
Deleted: of gable, hip, gambrel or
other similar pitched roof.
Eave Point
Height
Figure 10: Measuring height for roofs with pitch from 3:12 to
7:12
a building a roof
c. Roofs with aat� --------
&eater than _Z: 12 ,_..The height of buildi
pitph,geater than 7:12 shall be measured from the ground Jo to Point of the I"..
— - --------- — - - — ------- -----
roof one-third (1/3) of the distance up from the eave point to the ridge ere
shallbe no limit on the height of the ridge.
pr410 ------------- ---------------------------- ------------ Pw
Deleted: a gable, hip, gambrel or other
pitched
Deleted: over
Deleted: slope
Deleted: of
Deleted: 8
Deleted' ,rgreater
Deleted' For roofs
Deleted: slope of8:12 or
Deleted, , height shall be measured
vertically
Deleted: the natural or finished grade,
whichever i lower,
T IS
Deleted: a
Deleted:
Deleted: ll&,Z Reso.
Formatted: Right: 0.25"
Figure 11: Measuring height for roof with pitch greater than
7:12
d. For roofs with multiple pitches within one vertical plane, the height of the roof
shall be measured using the methodology for the pitch of the highest element
as described above.
e. For barrel -vault roofs, height shall be measured by drawing a line within a Deleted: Chimneys and other
: appurtenances may extend up to a
vertical section between the top -most point of the roof and the Eave Point(s)
maximum of two (2) feet above the ridge.
and then applying the methodology for the resulting pitch of said line(s).
ent: Hanging: 0.56",
+ 0.63", Left
f. Dormers shall be excluded from the calculation of height if the footprint of the ;'dormer
FDeleted:
is 50% or less of the roof plane on which the dormer is located. If
a,,
there are multiple dormers on one roof plane, the aggregate footprint shall be
Deleted: other
used. Otherwise dormers shall be included in the measurement of height ;,
Deleted: appurtenances
according to the methods described above.
Deleted: Antennas,
Deleted: c
~
Deleted: or
4. Allowed Exceptions to Height Limitations a'-°;' ,-
Deleted: structures
chimneys, ues nd is�milar utility apparatus. CIimneys, flues, vents and1,.;',
Deleted: over
�Imilar �til� _apparatus- shall not extend jnore than ten (10) feet above the ," "
Deleted: , except
height of the building,at t the point the device connects or more than ten (10) ,.
Deleted: f
feet above the specified maximum height limit«�or roofs with a pitch of .;='"
Deleted: more than two (2) feet
8:12 or greater, these elements may not extend above the hi est ridge of the
..•'"
structure by more than required by adopted building codes_ -- "
Deleted: .
Deleted: P&Z Reso.
Formatted: Right: 0.25"
Ordinance.No.--, Series 2010 -- - Page 18-,'
prd------------- - -_Page
b. Communications Equipment. Antennas, satellite dishes, and similar
communications equipment and devices shall comply with Ftelecom section]
c. Elevator and Stair Enclosures. On structures other than a single-family or
duplex residential building, elevator overruns which do not provide roof
access shall not extend more than five (5) feet above the specified maximum
height limit. Elevator enclosures and stair enclosures providing roof access
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
fifteen (15) feet. To qualify for this exception, the footprint of the elevator or
stair enclosure must be the minimum reasonably necessary for its function
and elevator and stair enclosures must be combined into one element to the
greatest extent practical. For single-family and duplex residential buildings,
elevator and stair enclosures shall not be allowed a height exception.
d. Rooftop Railings. On any structure other than a single-family or duplex
residential building, rooftop railings, parapet walls, and similar safety devices
permittingrp access shall not extend more than five (5) feet above the
height of the building at the point the railing connects. To qualify for this
exception, the railing must be the minimum reasonably necessary to provide
adequate safety and building code compliance and the railing must be 50% or
more transparent. For single-family and duplex residential buildings, rooftop
railings shall not be allowed a heighty exception.
e. Mechanical Equipment. Heating, ventilation, and air conditionings stems, `and
similar mechanical equipment located on top of a building shall not extend
------- ---------------
ore than five 5 feet above height of the building at the oint the
1n ---------------- -8 g P
equipment is attached.
f. Energy Efficiency or Production Systems and Equipment. Energy effuiciency
systems or energy production systems and equipment includingsolar 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 (5) feet
above the height of the buildingat t the point the equipment is attached. On
any structure other than a single-family or duplex residential building these
systems may extend up to ten (10) feet above height of the building at the
point the equipment is attached if approved pursuant to Commercial Design
Review.
The height and placement of energy efficiency or production systems which
are not located on top of a building shall be established by the Planning and
Zoning Commission pursuant to the procedures and criteria of Chapter
26.430 — Special 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.
Deleted: P&Z Reso.
Formatted: Right: 0.25"
19.
Deleted: Water towers, solar panels
Deleted:
Deleted: over
Deleted: 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. ixce,Rtions for lightwells;,, Exceptions for_ areaways,_ light wells and basement Deleted: 3. _
----------------------------
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.
It- -----
Measuring Site coverage: _Site_coyerage 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. When measuring to the exterior
walls, the measurement shall be taken from the exterior face of stud, exterior face of
structural block, or similar exterior surface of the nominal structure excluding sheathing
vapor barrier, weatherproofing, membrane, exterior -mounted insulation systems, and
excluding, all exterior veneer and surface treatments such as stone, stucco, bricks,
shingles, clapboards or other similar 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.
,ff. Measurement_ of Demolition. 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.
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. If 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
Deleted: C.. Lot area. Except in the
R-15B Zone 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 with a slope of twenty to
thirty percent (20-30%) may be counted
towards 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
(25%).¶
Also excluded from total lot area for the
purpose of floor area calculations in all
zone districts 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
right-of-way or surface easement. Lot
area shall include any lands dedicated to
the City or County for the public trail
system, 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
area shall have the same exclusions and
inclusions as for calculating floor area
ratio except for exclusion of areas of
greater than twenty percent (20%) slope.
Deleted: D
Deleted: E
Deleted: d
necessary during the process of development and the Zoning Officer may require updated Deleted: P&Z Reso.
calculations as a project progresses. ', Formatted: Right: 0.25"
rdtnanceNo. ,Stries2010----------------------------------------------------------------------------Page
Replacement of fenestration shall not be calculated as wall area to be removed. New,
Deleted: 26.575.040.. Yards.¶
relocated or expanded fenestration shall be counted as wall area to be removed.
A.. Projections into required yards.
Yards shall be unobstructed from the
Onlyexterior surface area above finished de shall be used in the determination of
fb� t
ground t° the Sky except for the following
allowed projections:¶
demolition. Sub -grade elements and interior wall elements, while potentially necessary
1.. Building eaves -Eighteen (18)
for a building's integrity, shall not be counted in the computation of exterior surface area.
g cin f
II j
2.. r;Q
2.Architectural projections —Eighteen
(18)inches;¶
According to the prepared diagram and area tabulation, the surface area of all portions of
3.. Balconies not utilized as an exterior
the exterior to be removed shall be divided b the surface area of all onions of the
y h
Passageway may extend the lesser one-
third (h) of the way between the required
exterior of the existing structure and expressed as a percentage. The Zoning Officer shall
setback and the property line or four (4)
use this percentage to determine if the building Is to be or has been demolished according
P g g g
feet.¶
4.. Fire escapes required by the
to the definition in Section 26.104.100, Demolition. If portions of the building
International Building code - Four (4)
involuntarily collapse, regardless of the developer's intent, that portion shall be calculated
fectl
5. Uncovered porches, slabs, patios,
as removed.
walks, retaining walls, steps and similar
structures, which do not exceed thirty
It shall be the responsibility of the applicant to accurately understand the structural
(30) inches above or below natural grade
capabilities of the building prior to undertaking a remodel. Failure to properly
or finished grade, whichever is more
restrictive, shall be permitted to project
understand the structural capacity of elements intended to remain may result in an
P tY Y
into the yard without restriction.
Projections may exceed thirty (30) inches
involuntary collapse of those portions and a requirement to recalculate the extent of
below grade if determined to be required
demolition. Landowner's intent or unforeseen circumstances shall not affect the
by the Chief Building Official for
window egress.¶
calculation of actual physical demolition. Additional requirements or restrictions of this
6.. Fences, hedges, berms and walls less
Title may result upon actual demolition.
p
than Six (6) feet in height, as measured
y
from natural grade, are permitted in all
required yard setbacks. (See
(Ord. No. 44-1999, §7; Ord. No. 55-2000, § 14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-
Supplementary Regulations — Section
2001, 6, 7; Ord. No. 46-2001, 4; Ord. No. 55, 2003, 2-4; Ord. No. 12-2006, 19;
§ § § § § §
26.575.050, Fences.).¶
7.. Driveways. Driveway access shall
Ord. No. 12, 2007, §32)
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
Measurement or Net Leasable Commercial ace. The calculation of Net-i,
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 z 1
Leasable Space shall include all interior space of a building measured from interior wall '�',
to interior wall, including interior partitions and inclusive of all areas which can be leased �,`,
to an individual tenant including offices, hallways, meeting rooms, display areas, r, •,
showrooms, kitchens, dining rooms, coat rooms, bathrooms, storage, storage rooms,
••
walk-in refrigerators or freezers, changing rooms, waiting rooms and similar space which
Formatted: Indent: Left: 0", First
line: 0", Tabs: 0.5", Left +Not at
0.9a"
may be leased to a tenant. The calculation of Net Leasable Space shall exclude ommon
P
areas of a building not intended or designed to be leased to an individual tenant such as `•,
common bathrooms, common stairways, common circulation corridors, common `. `,
-- — - -------T--,
Formatted: Font: Italic
Formatted: Font: Italic
mechanical areas, Common storage areas or similar common spaces not intended or '. `,
designed to be leased to an individual tenant. ------- , '•, `
Deleted: , exclusive ofany
Deleted: including, but not necessarily
I'm,to, areas dedicated to
Permanently installed interior airlock spaces are exempt from the calculation of net-, '•
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks ':
Deleted. and
installed on the exterior of a building shall be considered Net Leasable Area and shall be
subject to all requirements of the Land Use Code, including employee mitigation,
1 g 1? p
Deleted: provided however, that these
areas are used solely by tenants on the
Site.
according to the proportion of the year in which it is installed.
Formatted: Indent: Left: 0", First
line: 0"
Unless specifically throw other provisions of this Title, outdoor displays
outdoor vending, vending machines, and similar commercial activities located outside
Deleted: P&z Res°.
(not within a building) shall also be included in the calculation of Net Leasable Space. !`,
Formatted: Right: 0.25"
rdinance-No. _....Series 2010 Page 21t;r,
P.
The calculation of such area shall be the maximum footprint of the display 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.
F- + w 'N �;�----
Formatted: Indent: Left: 0.38",
First line: 0"
Al%V'�
J easur ent or Net Livable Area. The calculation of Net Livable Area shall---.—. ---
Formatted: Font: Italic
include all int&ior s ace measured from interior wall to interior wall, including interior '.
Formatted: Indent: Left: 0", First
partitions a inclusive of, but not limited to, entryways or lobbies dedicated to only one
line: 0", Tabs: 0.5", Left + Not at
unit, habit ble basements, and tora a areas, closets and laundry areas accessible from
g_
0.98"
--- --.... ----
the interior of a unit. Net livable Area shall not include ammon circulation areas,
Formatted: Font: Bold, Italic
common lobbies common stairwells common elevator corridors or similar common
Deleted: interior
spaces not intended or designed to be occupied by an individual tenant. Net Livable Area
Deleted:: but excluding
shall not include uninhabitable basements, mechanical areas, stairs, unconditioned
Storage accessible only from the exterior, ,garages, carports, patios, decks, porches or -,--
Deleted: exterior
similar spaces.
Deleted: stairwells,
Deleted: (attached or unattached),
e tions for Egg= Efacien . The Communily Develo ment Director mar, ----
Deleted` and
approve exceptions to restrictions on Floor Area, Setbacks, Height, or Measurement of �;;;•.,
Formatted: Justified
Demolition to accommodate the addition of energy production systems or energy
Formatted: Font: Bold, Italic
efficiency systems or equipment in or on existing buildings when no other practical j
Formatted: Font: Bold, Italic
solution exists. The Community Development Director must first determine that the
Formatted: Font: Bold, Italic
visual impact of the exemption is minimal and that no other reasonable way to implement
energy production or efficiency exists. Approval shall be in the form of a recordable
administrative decision.
L Excg lions or Buildin Code Com fiance The Communi Develo ment Formatted: Font: Bold, Italic
Director may approve exceptions to restrictions on Floor Area, Setbacks, Height, or Formatted: Font: Bold, Italic
Measurement of Demolition to accommodate improvements required to achieve Formatted: Font: Bold, Italic
compliance with building, fire, or accessibility codes 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
wax to implement code compliance exists. Approval shall be in the form of a recordable
administrative decision.
M Anneals. An applicant aggrieved by a decision made bY_• the Communi Formatted: Justified
Development Director regarding this Calculations and Measurements Section may appeal Formatted: Bullets and Numbering
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316. j Formatted: Font: Bold, Italic
Section 2•
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by replacing the following three terms and
definitions, as follows: . Deleted: P&Z Reso.
Formatted: Right:
rdinanceNo.._Series2010------------------------------------------------------------------------------- Page_22.;'
Net leasable commercial and office space. Those areas within a commercial
or office building which are or which are designed to be, leased to a tenant and
Deleted: ,exclusive ofanyarea
occupied for commercial or office purposes,._ (Also see Section 26.575.020 -
- - ---.--
Calculations and Measurements.)
including,rasdi but not necessarily limited to,
areas dedicated to bathrooms, stairways,
circulation corridors, mechanical areas
and storage areas provided, however, that
these areas are used solely by tenants on
Net livable area. The areas within abuilding which are or which_ are desi8ned
the Site.
Deleted: available
to be used for habitation and human activity. (Also see Section 26.575.020 -
Deleted: measured from interior wall to
interior wall, including interior partitions
Calculations and Measurements.)
— - ---- - -—------------------------------
and inclusive of, but not limited to,
habitable basements and interior storage
Net Lot area. The total horizontal area contained within the lot lines of a lot
areas, closets and laundry areas; but
or other parcel of land minus those areas of the property affected by certain
basements,
l areas, xtextele rior
mechanical
mechanical areas, exterior storage,
physical or legal conditions. (Also e_,rSection 26.575.020, Calculations and
stairwells, garages (attached or
""""•-
Measurements). --
unattached), patios, decks and porches.
Deleted: s
Deleted: Supplementary Regulations —
Section 3:
Section 26.104.100 - Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by including the following term and definition:
Gross Lot area. The total horizontal area contained within the lot lines of a
lot or other parcel of land.
Section 4•
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 provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5•
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.
Section 6•
That 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 7•
A public hearing on the Ordinance shall be held on the 25th day of January, 2010, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which heaein a ublic notice of the same shall be ublished in a news a er of .—I
g P P Pp g
circulation within the City of Aspen. Deleted: p&z Reno.
Formatted: Right: 0.25"
rdmance_No._�,_Series2010 ..........................Page-23-
Section 8•
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25 h day of October, 2010.
Attest:
Kathryn S. Koch,
City Clerk
Michael C. Ireland,
Mayor
FINALLY, adopted, passed and approved this _day of , 2010.
Attest:
Kathryn S. Koch, Michael C. Ireland,
City Clerk Mayor
Approved as to form:
City Attorney
rdinance No. _,-Series 2010
Deleted: P&Z Reso.
Formatted: Right: 0.25"
Page 24.;'
ORDINANCE N0.
(SERIES OF 2010) C�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE FOLLOWING SECTIONS OF THE CITY OF
ASPEN LAND USE CODE:
26.575.020 — CALCULATIONS AND MEASUREMENTS
26.104.100 — DEFINITIONS
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 considered public testimony and the recommendation of the Director
and recommended, by a four to one (4-1) vote, City Council adopt the proposed
amendments; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Ordinance No. _, Series 2010 Page 1
Section 1:
Section 26.575.020, Calculations and Measurements, of the City of Aspen Land Use
Code, which section authorizes, defines, describes, and depicts how various
measurements and calculations regarding development are to be accomplished, shall read
as follows:
26.575.020. Calculations and Measurements.
A. Purpose. This section sets forth methods for measuring floor area, height, setbacks,
and other dimensional aspects of development and describes certain allowances,
requirements and other prescriptions for a range of structural components, such as
porches, balconies, garages, chimneys, mechanical equipment, projections into yards, etc.
The definitions of the terms are set forth at Section 26.104.100.
B. Limitations. The prescribed dimensional requirements and specific allowances and
limitations, such as height, setbacks etc., of distinct structural components shall not be
aggregated or combined in a manner that extends beyond the dimensional limitations of
any distinct allowance of an individual structural component or in a manner that creates
or extends the specific nature of a non -conforming structure. For example, if a deck is
permitted to be developed within five feet of a property boundary and a garage must be a
minimum of ten feet from the same property boundary, a garage with a deck on top of it
may not be developed any closer than ten feet from the property boundary or otherwise
produce an aggregated structural component that extends beyond the setback limit of a
garage.
Non -conforming aspects of a property or structure are limited to the specific nature of the
non -conformity. Specific non -conforming aspects of a property cannot be converted or
exchanged in a manner that creates or extends a different specific non -conforming aspect
of a property. For example, a property that exceeds the allowable floor area and contains
deck area that exceeds the amount which may be exempted from floor area cannot
convert deck space to additional interior space.
C. Measuring Net Lot Area. A property's development rights are derived from Net Lot
Area. This is a figure that accounts for the presence of steep slopes, easements, areas
under water, and similar factors of a property. The method for calculating a parcel's Net
Lot Area is as follows:
Percent of parcel to be
Percent of parcel to be
included in Net Lot Area to
included in Net Lot Area to
determine allowable Floor
determine allowable Density
Area
Areas of a parcel with 0% to
100%
100%
20% slope
Ordinance No. _, Series 2010 Page 2
Areas of a parcel with more
For properties in the R-15B
than 20% and up to 30% slope
Zone — 100%
100%
For all other properties —
50%.
Areas of a parcel with more
For properties in the R-15B
than 30% slope
Zone — 100%
100%
For all other properties — 0%.
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%
100%
public trail.
Areas within an existing,
proposed, dedicated, or
vacated public or private
0%
0%
vehicular right-of-way or
vehicular easement, including
emergency access easements.
Areas of a property subject to
above ground or below
ground surface easements
such as utilities or an
100%
100%
irrigation ditch that do not
coincide with vehicular
easements.
Notes:
In instances where the natural grade of a property has been affected by prior
development activity, the Community Development Director may accept an
estimation of pre -development topography prepared prepared by 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 attributable 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 only if both properties abut a public or private right-of-way and neither
property is dependent on the shared driveway to gain access.
Ordinance No. , Series 2010 Page 3
D. Measuring Floor Area. In measuring floor areas for floor area ratio and allowable
floor area, the following applies:
1. General. In measuring a building for the purposes of calculating floor area ratio
and allowable floor area, there shall be included all areas within the surrounding
exterior walls of the building or portion thereof. When measuring from the exterior
walls, the measurement shall be taken from the exterior face of stud, exterior face of
structural block, or similar exterior surface of the nominal structure excluding
sheathing, vapor barrier, weatherproofing membrane, exterior -mounted insulation
systems, and excluding all exterior veneer and surface treatments such as stone,
stucco, bricks, shingles, clapboards or other similar exterior veneer treatments.
(Also, see provisions for setbacks - * * *).
Figure 1: Exterior Veneer
2. Vertical circulation. When calculating areas with stairs or an elevator
connecting separate levels of a structure, the element shall be counted on every floor
which is connected by the element. For elevators, each stop of the elevator shall be
counted as if it were a solid floor.
3. Attic Space. Unfinished and uninhabitable space between the ceiling joists 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 either habitable 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 "hung" or "false" ceiling is exempt.
Ordinance No. , Series 2010 Page 4
b. An area accessible only through an exterior access panel or crawl space is
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.
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 other practical limitations to routine use. Exempt from the calculation
of Floor Area and Floor Area Ratio shall be areas with 30 vertical inches or less
between the finished floor level and the finished ceiling, regardless of how that space
is accessed or used.
4. Decks, Balconies, Loggias, Exterior Stairways, and non -Street -facing_ porches.
The calculation of the Floor Area of a building or a portion thereof shall not include
decks, balconies, exterior stairways, non Street -facing porches, gazebos and similar
features, unless the area of these features is greater than fifteen percent (15%) of the
maximum allowable floor area for the property. If the area of these features exceeds
fifteen percent (15%) of the property's maximum allowable Floor Area, only the
areas in excess of the fifteen percent (15%) shall be attributed towards the maximum
allowable Floor Area for the property. The area of these features shall be the
maximum footprint of the feature including railings, fixed seating, fixed planter
boxes, overhangs, and similar structural components of the feature.
5. Front Porches. Porches on Street -facing fagade(s) of a structure within thirty (30)
inches of the ground level shall not be counted towards, allowable Floor Area.
Otherwise, these elements shall be attributed to Floor Area as a Deck.
6. Patios and Landscape Terraces. Patios and Landscape Terraces within thirty (30)
inches of finished grade shall not be counted towards allowable Floor Area.
7. Garages and carports. 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.
In the R-15B Zone District, garage and carport areas shall be excluded up to a
maximum five -hundred -square -foot exemption total for the property.
In all zone districts other than the R-15B Zone District, for the purpose of calculating
floor area ratio and allowable floor area for a property containing a Single -Family or
Duplex structure, garages and carports shall be excluded as follows:
Ordinance No.—, Series 2010 Page 5
Size of Garage or Carport
Area excluded per primary dwelling
unit (not including Accessory
Dwelling Units)
First 0 to 250 square feet
100% of the area
Next 251 to 500 square feet
50% of the area
Areas above 500 square feet
No area excluded.
For any property abutting 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 the garage or carport is accessed from said alley or
road. If an alley or private road does exist and is not utilized for garage or carport
access, 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 above.
For garages that are part of a subgrade area, any permitted Floor Area exemption is
taken from the total gross below -grade area prior to calculating any Floor Area
exemption for subgrade area. For example, if a 2,000 square foot story containing a
350 square foot garage is 40% above grade, the calculation shall be as follows:
Garage exemption — the first 250 square feet is exempt and the next 100 square
feet counts 50% or 50 square feet = 300 square feet of the garage which is
exempt.
Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt
garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of
that level which counts towards allowable Floor Area.
8. 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.
For the purposes of this section, the wall area to be measured shall not include
exterior wall area associated with structural components of the foundation or
floors of the structure. [graphic]
Ordinance No. , Series 2010 Page 6
{
Floor Structure
Area of wall to
be used for
subgrade
calculation /
Foundation and Floor Structure
Foundation Footer
Figure 2: Subgrade Wall
Example: If fifteen percent (15%) of the exterior surface wall area has been
exposed above natural or finished grade (whichever is lower), then fifteen
percent (15%) of the gross square footage of the subject story will be included
as floor area.
Ordinance No. _, Series 2010 Page 7
Figure 3: Subgrade Calculation
For the purposes of this subgrade calculation, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the
spaces is 50% or less than the distance between the floor and ceiling of either space.
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 (100%) 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.
10. Affordable Housing. The floor area of a parcel containing a single-family
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
Ordinance No. , Series 2010 Page 8
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.
11. 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
residence. Accessory structures thirty-six inches or less in height, as measured from
finished grade, shall be exempt from Floor Area calculations (also see setback
limitations). Accessory structures larger than thirty-two square feet per residence and
more than thirty-six inches in height shall be included in the calculation of Floor
Area. Properties which do not contain residential units are not eligible for a Floor
Area exemption.
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 lodging zone
districts are not exempt from floor area requirements and shall comply with zone
district requirements for Utility/Trash/Recycle areas.
Enclosures shall be located adjacent to the alley where an alley borders the property
and shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non -historic structures.
13. 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 -
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
Ordinance No._, Series 2010 Page 9
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 non -unit 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.
E. Measuring Setbacks.
1. General. Required setbacks shall be unoccupied and unobstructed within an area
extending horizontally from the parcel boundary to the setback line and vertically above
and below grade, excepting 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. [graphic]
2. Determining FrQnt, Rear, and Side Yards. The front yard setback shall be measured
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 right-of-way. There shall not be more than one front
lot line. For corner 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.
Ordinance No. _, Series 2010 Page 10
100,
Figure 4: Determining Setbacks
Front Yard
Side
Yard
Corner Lot
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.
I I'
Front
I Yard
I I
I � i
I ;
Street
Side Yard
Figure 5: Corner lot with curved street
For reverse curve lots, the curved portion of the lot line shall be considered the front lot
line and the two opposing parcel boundaries shall be considered side lot lines.
Ordinance No. , Series 2010 Page 1 1
Street \
Front ,
Side Yard
Yard
i
Street
Side Yard
Figure 6: Reverse curve lot
For double frontage lots with Streets on opposite sides of the parcel (except for those
parcels abutting Main Street) the front lot line shall be the parcel boundary with the
greatest length of Street frontage and the opposing lot boundary shall be the rear lot line.
[graphic] For double frontage lots abutting Main Street, the front lot line shall be the lot
boundary adjoining Main Street.
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
line.
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.
3. Determining required yard setbacks adjacent to private streets or rights -of -way. Along
private streets where the lot extends into the right-of-way or street easement, 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
Ordinance No. _, Series 2010 Page 12
the lot line. Please refer to Figure 575.1 below, Required setback from a private road or
right-of-way.
Figure 7: Required setback from a private road or right-of-way
4. Combined Yards. Where zoning provisions require a combined setback (either front -
rear or side -side), the setbacks shall be consistent along the affected parcel boundaries.
5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and
below ground except for the following allowed projections:
a. Above or below ground utilities, below -grade heating or cooling conduit or
infrastructure such as a ground -source heat pump system, below -grade dry wells
or other at -grade or below -grade drainage infrastructure.
b. Trees and vegetation.
c. Flagpoles, mailboxes, address markers
d. Foundation footers, soil nails or below -grade tiebacks, and similar improvements
necessary for the structural integrity of a building or other structures.
e. The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and
including any protective structure as may be required or practically necessary.
f. Building eaves, bay windows, window sills, and similar architectural projections
up to eighteen (18) inches.
g. Balconies not utilized as an exterior passageway may extend the lesser of one-
third (1/3) of the way between the required setback and the property line or four (4)
Ordinance No. , Series 2010 Page 13
feet. In no case shall the projection be allowed closer than five (5) feet to a
property line. This projection is allowed for balconies only and does not permit
projections of other improvements, such as garages or carports.
h. The minimum projection necessary to accommodate an exterior -mount fire escape
to an existing building, as may be required by adopted Building or Fire Codes.
i. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls,
earthen berms, drainage swales, retaining walls, steps and similar structures,
which do not exceed thirty (30) inches vertically above or below natural grade or
finished grade, whichever is more restrictive. (Also see Chapter 26.410 —
Residential Design Standards for limits on the location of berms.) Improvements
may be up to thirty (30) inches above and below grade simultaneously. [graphic]
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 egress.
j. Fences and hedges less than forty-two (42) inches in height, as measured from
finished grade, are permitted in all required yard setbacks. Fences and hedges up
to six (6) feet in height, as measured from finished grade, are permitted only in
areas entirely recessed behind any facade of a structure facing a Street. [graphic]
(Also see Section 26.575.050 — Supplementary Regulations for limitations on
fence materials.)
k. Driveways not exceeding twenty-four (24) inches above or below natural grade
within any setback of a yard facing a Street. Within all other required setbacks,
finished grade of a driveway shall not exceed thirty (30) inches above or below
natural grade. Parking is only permitted within required setbacks if it is in an
approved driveway or other area approved for parking.
1. 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
ground.
m. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills,
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 thirty (30) inches above or below finished grade. These
features may be 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.
n. Heating and air conditioning equipment and similar mechanical equipment shall
be prohibited in all yards facing a Street. Mechanical equipment may be placed
within non -street facing yards but shall not exceed thirty (30) inches above or
below finished grade. These features may be up to thirty (30) inches above and
below finished grade simultaneously.
Ordinance No. _, Series 2010 Page 14
o. The height and placement of energy efficiency or production systems and
equipment which are located adjacent 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 systems are discouraged
in all yards facing a Street. For energy production systems and equipment located
on top of a structure, see Section ***.
p. Wildlife -resistant dumpster enclosures located in residential zone districts shall be
prohibited in all yards facing a Street. These facilities may be placed within non -
street facing yards if the enclosure is the minimum reasonably necessary to
enclose the trash receptacles 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 facing a
Street is allowed. For example, on "trash day."
Enclosures shall be located adjacent to the alley where an alley borders the
property and shall not be located in a public right-of-way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut or
be attached to an historic structure. Enclosures may abut other non -historic
structures.
F. Measuring Building Heights.
1. General. In measuring a building for the compliance with height restrictions, the
measurement shall be the maximum distance measured vertically from the ground
to the highest point of the building located above that point, as further described
below and subject to certain exceptions as also described below:
a. Measuring from the ground — At each location where the exterior
perimeter of a building meets the ground the measurement shall be taken
from the lower of natural or finished grade. Building permit plans must
depict both natural and finished grades.
In instances where the natural grade of a property has been affected by
prior development activity, the Community Development Director may
accept an estimation of pre -development topography prepared by 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.
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
Ordinance No._, Series 2010 Page 15
representing the ground. The height of the structure within the footprint of
the building shall be measured using this ground plane.
If necessary, the Community Development Director may require an
applicant document natural grade, finished grade, grade being used within
the footprint of the building, and other relevant information that may need
to be documented prior to construction.
b. Measuring to the roof — The high point of the measurement shall be taken
from the surface of a structure's roof inclusive of the first layer of exterior
sheathing or weatherproofing membrane but excluding exterior surface
treatments such as shakes, shingles, or other veneer treatments or
ornamentation.
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 building
which intersects with the exterior wall surface [graphic]
Eave Point
I
i
i
/ Exterior Sheathing
Figure 8: Eave Point and Exterior Sheathing of a Roof.
2. For properties in the Commercial Core (CC), Commercial (Cl), Commercial
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.
Ordinance No._, Series 2010 Page 16
3. For properties in all other Zone Districts, the height of the building shall be
measured according to the pitch of the roof as follows:
a. Flat roofs or roofs with a pitch of less than 3:12. The height of a building
with a roof pitch of less that 3:12 shall be measured from the ground to the
roof top or roof ridge. ra hic
Roof pitch
Parapet 3:12 or less
wall
Height Height of
�j Building
i
V /
Figure 9: Measuring height for flat roofs or roofs with less than 3:12 pitch
b. Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof
pitch from 3:12 to 7:12 shall be measured from the ground to the point of the
roof halfway between the eave point and the ridge. The ridge of the roof shall
not extend more than five (5) feet above the maximum height limit.
Midpoint between eave pt. and ridge
Ridge
Eave Point
Height
--
Figure 10: Measuring height for roofs with pitch from 3:12 to
7:12
Ordinance No. _, Series 2010 Page 17
c. Roofs with a pitch greater than 7:12. The height of a building with a roof
pitch greater than 7:12 shall be measured from the ground to the point of 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.
1/3`d point between
eave pt. and Ridge
Ridge
I
I
Eave Point
Height
Figure 11: Measuring height for roof with pitch greater than
7:12
d. For roofs with multiple pitches within one vertical plane, the height of the roof
shall be measured using the methodology for the pitch of the highest element
as described above.
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% or less of the roof plane on which the dormer is located. If
there are multiple dormers on one roof plane, the aggregate footprint shall be
used. Otherwise, dormers shall be included in the measurement of height
according to the methods described above.
4. Allowed Exceptions to Height Limitations
a. Chimneys, flues, and similar utility apparatus. Chimneys, flues, vents, and
similar utility apparatus shall not extend more than ten (10) feet above the
Ordinance No.—, Series 2010 Page 18
height of the building at the point the device connects or more than ten (10)
feet above the specified maximum height limit. For roofs with a pitch of
8:12 or greater, these elements may not extend above the highest ridge of the
structure by more than required by adopted building codes.
b. Communications Equipment. Antennas, satellite dishes, and similar
communications equipment and devices shall comply with [telecom section]
c. Elevator and Stair Enclosures. On structures other than a single-family or
duplex residential building, elevator overruns which do not provide roof
access shall not extend more than five (5) feet above the specified maximum
height limit. Elevator enclosures and stair enclosures providing roof access
shall not extend more than ten (10) feet above the specified maximum height
limit if set back from any Street facing fagade of the building a minimum of
fifteen (15) feet. To qualify for this exception, the footprint of the elevator or
stair enclosure must be the minimum reasonably necessary for its function
and elevator and stair enclosures must be combined into one element to the
greatest extent practical. For single-family and duplex residential buildings,
elevator and stair enclosures shall not be allowed a height exception.
d. Rooftop Railings. On any structure other than a single-family or duplex
residential building, rooftop railings, parapet walls, and similar safety devices
permitting rooftop access shall not extend more than five (5) feet above the
height of the building at the point the railing connects. To qualify for this
exception, the railing must be the minimum reasonably necessary to provide
adequate safety and building code compliance and the railing must be 50% or
more transparent. For single-family and duplex residential buildings, rooftop
railings shall not be allowed a height exception.
e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, and
similar mechanical equipment located on top of a building shall not extend
more than five (5) feet above height of the building at the point the
equipment is attached.
f. Energy Efficiency or Production Systems and Equipment. Energy effuiciency
systems or energy production systems and equipment including solar 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 (5) feet
above the height of the building at the point the equipment is attached. On
any structure other than a single-family or duplex residential building these
systems may extend up to ten (10) feet above height of the building at the
point the equipment is attached if approved pursuant to Commercial Design
Review.
The height and placement of energy efficiency or production systems which
are not located on top of a building shall be established by the Planning and
Zoning Commission pursuant to the procedures and criteria of Chapter
26.430 — Special Review. (Also see setback requirements for these systems
Ordinance No. _, Series 2010 Page 19
g. Church spires, bell towers and like architectural projections, as well as flag
poles, may extend over the specified maximum height limit.
h. Exceptions for buildings on slopes. The maximum height of a building's front
(street -facing) facade may extend for the first thirty (30) feet of the building's
depth.
i. Exceptions for lightwells. 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. Measuring 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. When measuring to the exterior
walls, the measurement shall be taken from the exterior face of stud, exterior face of
structural block, or similar exterior surface of the nominal structure excluding sheathing,
vapor barrier, weatherproofing membrane, exterior -mounted insulation systems, and
excluding all exterior veneer and surface treatments such as stone, stucco, bricks,
shingles, clapboards or other similar 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.
H. Measurement of Demolition. 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.
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. If a portion of a wall or roof involuntarily collapses, regardless of the
Ordinance No.—, Series 2010 Page 20
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. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-
2001, §§6, 7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2-4; Ord. No. 12-2006, §19;
Ord. No. 12, 2007, §32)
L Measurement of Net Leasable Commercial Space. The calculation of Net
Leasable Space shall include all interior space of a building measured from interior wall
to interior wall, including 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 refrigerators or freezers, changing rooms, waiting rooms and similar space which
may be leased to a tenant. The calculation of Net Leasable Space shall exclude common
areas of a building not intended or designed to be leased to an individual tenant such as
common bathrooms, common stairways, common circulation corridors, common
mechanical areas, common storage areas or similar common spaces not intended or
designed to be leased to an individual tenant.
Permanently installed interior airlock spaces are exempt from the calculation of net
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks
installed on the exterior of a building shall be considered Net Leasable Area and shall be
subject to all requirements of the Land Use Code, including employee mitigation,
according to the proportion of the year in which it is installed.
Ordinance No._, Series 2010 Page 21
Unless specifically exempted through other provisions of this Title, outdoor displays
outdoor vending, vending machines, and similar commercial activities located outside
(not within a building) shall also be included in the calculation of Net Leasable Space.
The calculation of such area shall be the maximum footprint of the display 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.
J. Measurement of Net Livable Area. The calculation of Net Livable Area shall
include all interior space measured from interior wall to interior wall, including interior
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one
unit, habitable basements, and storage areas, closets and laundry areas accessible from
the interior of a unit. Net livable Area shall not include common circulation areas,
common lobbies, common stairwells, common elevator corridors, or similar common
spaces not intended or designed to be occupied by an individual tenant. Net Livable Area
shall not include uninhabitable basements, mechanical areas, stairs, unconditioned
storage accessible only from the exterior, garages, carports, patios, decks, porches or
similar spaces.
K. Exceptions for Energy Efficiency. The Community Development Director may
approve exceptions to restrictions on Floor Area, Setbacks, Height, or Measurement of
Demolition to accommodate the addition of energy production systems or energy
efficiency systems or equipment 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
energy production or efficiency exists. Approval shall be in the form of a recordable
administrative decision.
L. Exceptions for Building Code Compliance. The Community Development
Director may approve exceptions to restrictions on Floor Area, Setbacks, Height, or
Measurement of Demolition to accommodate improvements required to achieve
compliance with building, fire, or accessibility codes 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
administrative decision.
M Appeals. An applicant aggrieved by a decision made by the Community
Development Director regarding this Calculations and Measurements Section may appeal
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316.
Ordinance No._, Series 2010 Page 22
Section 2:
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by replacing the following three terms and
definitions, as follows:
Net leasable commercial and office space. Those areas within'a commercial
or office building which are or which are designed to be, leased to a tenant and
occupied for commercial or office purposes. (Also see Section 26.575.020 —
Calculations and Measurements.)
Net livable area. The areas within a building which are or which are designed
to be used for habitation and human activity. (Also see Section 26.575.020 —
Calculations and Measurements.)
Net Lot area. The total horizontal area contained within the lot lines of a lot
or other parcel of land minus those areas of the property affected by certain
physical or legal conditions. (Also see Section 26.575.020, Calculations and
Measurements).
Section 3•
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by including the following term and definition:
Gross Lot area. The total horizontal area contained within the lot lines of a
lot or other parcel of land.
Section 4•
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 provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5•
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.
Section 6•
That 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.
Ordinance No._, Series 2010 Page 23
Section 7•
A public hearing on the Ordinance shall be held on the 25th day of January, 2010, 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.
Section 8•
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25t' day of October, 2010.
Attest:
Kathryn S. Koch,
City Clerk
FINALLY, adopted, passed and approved this
Attest:
Kathryn S. Koch,
City Clerk
Approved as to form:
City Attorney
Michael C. Ireland,
Mayor
day of , 2010.
Michael C. Ireland,
Mayor
Ordinance No. _, Series 2010 Page 24
City Planning & Zoning Meeting — Minutes — june 01, 2010
MOTION: m DeFrancia moved �toa ove Resolution #12, 2010 ap ving
with co ctions, 8040 Greenline Rew and Residential Design St ands for
B ing Orientation and Buil o Lines; seconded by dasmin ygre. Roll call
ote: Tygre, yes; Weiss, ; Myrin, yes; DeFrancia, yes eck, yes; Erspamer,
yes; Gibbs, no. A ved 5-2.
PUBLIC HEARING:
Miscellaneous Code Amendments
Stan Gibbs opened the public hearing for the Code Amendments. Chris Bendon
stated this was the section that describes how you measure all the heights, FARs,
and setbacks regarding development. Cliff Weiss said a lot of this discusses what
they have been discussing in the Aspen Area Community Plan but he was
concerned with the process. Weiss said that they need to prevent there from ever
being 15,000 square feet of sub -grade space. Weiss said there are some things that
overlap and some things he had concerns about were improving the code now from
changing it less than 6 months from now. Bendon said this section of the code
hasn't been touched in 15 or more years in any substantive way. Bendon said the
when Council and BOCC adopt the AACP one of the first things they are going to
have to do go through a massive work program; some will be very simple and
others with be extensive and require a consultant and a lot of staff time. Bendon
said they were trying to clean up the existing language without getting overly deep
into changing the substance and coming up with new things.
Bendon said the Calculations and Measurements Section included floor areas and
setbacks. There were provisions for what is allowed in setbacks; projections into
setbacks and how you measure heights. What is the net leasable and staff would
like to be closer to the industry.
Bendon asked the Commission for direction and guidance. Stan Gibbs asked what
Chris thought were the most significant. Bendon replied that Limitations from
time to time someone will want to exchange one non -conforming thing for another.
Bendon said that Measuring Lot Area and Slope was now a paragraph that tries in
text to describe what is easier described in a table that count towards the lot area
for lot area purposes and density purposes. Bendon said they reduced for slopes
once you get over 20% slopes except in the R-15B neighborhood. Slopes over
30% will be taken from the floor area. Bendon said that lot area is what you use to
decide the floor area.
5
City Plannine & Zonin2 Meeting — Minutes — June 01, 2010
Bendon said that this was about putting more language into the code. Bendon said
that code says that you measure to the exterior of this surface material of the
building and the revised code says to measure to the sheathing and the building
permit plans are clear but it can add bulk in some buildings that add bricks or stone
to the sheathing. Bendon said there was a lot of room for interpretation so they
might want to look at it.
Bendon said there was an exemption for porches and there have been some
requests to do some exemptions on second level decks.
Bendon said that garages and carports were a graduated exemption up to 500
square feet. Weiss asked the motive of that paragraph for any dwelling unit.
Bendon replied that in 1997 when the city adopted Residential Design; the city
reduced the exemptions and made them only available if you used an alley if you
have an alley but you only get that 500 square foot exemption for the garage if you
have an alley. Weiss voiced concern for the heights of garages in some areas and
the vaulted areas become living areas. Weiss asked if there was anything to
address that in the code now. Bendon answered that it probably goes to the
discussion about attic space; it has sort of same function other than needing to get
up there. Weiss asked if attic space was the same as over a garage. Bendon
replied yes. Bendon said that in zone district R15B had the exemption for garages
and the exemption does not apply for multi -family commercial mixed use in
lodging buildings.
Bendon said that ADU count against the total square footage unless they are deed -
restricted and sold through the housing authority and then they do not count
whatsoever and you get an affordable housing bonus and half of that square
footage comes back to you as an additional FAR bonus.
Weiss asked for distinction between a permanent shed and temporary shed.
Myrin asked if the Wildlife -resistant Dumpster Enclosure could be attached to the
house. Bendon replied no because there may be other things in that part of the
structure; it needs to be an isolated area. Bendon said that he would clean up that
language.
Bendon said that for mixed use buildings you get an overall aggregate FAR for the
building and then there are individual FARs for each use. Bendon noted this gives
an example of the common space and there is a calculation for common space.
0
City Planning & Zoning Meeting — Minutes — June 01, 2010
Bendon said that setbacks are found through all the definitions; first you have to
figure out the front, side and rear lot lines and that tells you where the yards are
and there's something for non-aligned R6 lots, which never works. Weiss asked if
there was an appeal process. Bendon replied there was a process at the end of the
document for appeal process.
Gibbs asked about lots located on corners and asked how the front of the lot was
determined. Bendon replied it would be the house lining up with the front yards of
the other houses along that same block.
Bendon said there was a section on how to measure setbacks on private streets and
when the street moves along and the lot line down the center doesn't really
translate to the easement of the street so you use the boundaries of the street and
you measure from there.
Bendon said there is this piece on combined yards and that in R6 each side yard
has to be 5 feet and there has to be a combined of 15 so your house has to be
consistent. Weiss said for anything to project (second floor decks) into a setback
should not be allowed because that gets pretty close to the next building. Weiss
said that hedges can grow and block your view; he discussed berms and vegetation
blocking views from streets. Bendon responded it allows 42 inches in areas that
are the front fagade facing the street. Alexander said so if there are 2 streets you
have to go 30 feet back from each intersection. Bendon said that engineering did
the sight triangle and he would make sure the language was the same.
MOTION: Cliff Weiss moved to extend the meeting to 7: I Spm; Bert Myrin
seconded, all in favor, Approved.
Weiss said that solar panels could take advantage of this setback for front yards.
Bendon said there was a new provision of rooftop railings and they should not
exceed 5 feet and at least 50% transparent. Erspamer asked if the rooftop
mechanical equipment had to be setback. Bendon replied that in commercial
design review they do a reference.
Bendon said they wanted to put a provision in the code for net leasable space and
net livable area (common circulation areas). Bendon said under net leasable he
wanted to put an exemption for interior air lock spaces; those go away. Net livable
was all that you live in. There were 2 exemptions that can be provided at the
7
City Planning & Zoning Meeting — Minutes — june 01, 2010
community development level; energy efficiency and the same for building code
compliance. Bendon asked the commission to think about these.
MOTION: Jasmine Tygre moved to continue the Code Amendment to June 15`h,
seconded by Brian Speck. All in favor, Approved.
Ad'ourned at 7:25pm
ackie Lothian, Deputy City Clerk
N.
City Planning & Zonin2 Meeting —Minutes — june 15, 2010
Cliff Weiss said that there was no cap on this house because they could purchase a
TDR, add affordable housing and this could be another 13,000 square foot house.
Weiss said that to calculate FAR so the house isn't bigger than 7,000 or 8,000
square feet. Bendon responded that he knew what he was struggling with the
zoning code as it exists.
Myrin asked if we change this resolution to address some of Cliff's FAR concerns
and guarantees them the top of slope. Bendon said the top of slope has been
represented in the application as well as the FAR in the lot area in the center.
Myrin asked why does P&Z have to grant that FAR; he asked if there was any way
to separate these two. Gibbs said that if we put Section 2 in the resolution it's
vested for 3 years and but if the code were to change next year it would not be
impacted but without it in the resolution it seemed to him that any development
application would be judged on whatever the code was at that time. Bendon said
that it has been represented in the application it's probably immune to those
changes. Jasmine Tygre said what Cliff and Bert would like to see is the
calculation of the lot area but not the specific FAR because that may change.
Myrin said that was what he would like to see and put that in the resolution. Tygre
said the FAR may change but not the lot area. Bendon said if this is stricken then
sometime in the future we will be having the discussion of what's best and what's
not.
U Erspamer said sometime in the future what if the FAR were increased and if we
left this in the resolution then they would be stuck with this. Bendon said that it
was much easier for the applicant. Haas said the beautiful thing about vested rights
from a developers' standpoint is that you can't be hurt by new changes in the code
but you can benefit from them; so you can take advantages of increases you just
can't be hurt by decreases. Erspamer said that he would like to remove the
fisherman's easement from Section 3.
Weiss asked if part of stream margin review contained sensitivity of the area. Haas
said the stream margins standards deal with it directly; they talk about floodplanes,
they talk about hazards and avoiding those rather than just a broad brush. Bendon
said it comes down to identifying the appropriate place for the top of slope. Haas
said that it addresses sensitive areas in terms of the floodplane is a sensitive area
and tells you to avoid wetlands, which is that type of sensitive area. Jasmine Tygre
said in the revision of the AACP it was brought up to revise the Stream Margin
Review and 8040 Greenline in the Code. Tygre said for the purpose of this
application it would be to take out the paragraph under the total lot area, which
talks about the FAR and leave the way lot area is calculated; then you say nothing
7
Planni,_ & ZXning Meetine — Minutes — ,,une 15. 201
about the FAR but u do say how the developable 1 as calculated. Myri aid
that adding th entence in about what the codes s and that it may cha
Bendon s ' e didn't mind taking that Per S tion 26.710.080 out a would
defer t itch about the addition of the 1 guage. Haas replied if ou take that out
yo on't need to add anything else i , it is what it is. Tygre eed. Myrin stated
t it was important because we ere relying on so much ried and it might
come back. Haas responded the would not stand he and consider to not /
having a vested right bu was okay to take the othe art.
MOTION: Ber yrin moved to approve reso Zt,
of 20 , Stream
Margin Revi for 69 Shady Lane with the urits ron;
seconded y LJ Erspamer. Roll call: Ty e, yes;n, yes; Weiss,
yes, E pamer, yes; Gibbs, yes. App ved 6-0.
ithdrawn MOTION: LJ pamer moved to ing Easement
rom Resolution #013-10; conded by Brian Spe/
DZcaIcu
ot' below: Myrin wante something in the Resoluti that said
tions will be at the time the building permit. Be on said the
flis parcel shall be pur ant to the zoning for this rcel and
aland use code e ctive at the time of the s ission of the
b. Myrin said would like to make that otion.
Amending MOTION: Bert Myrin moved tha e floor area for this parcel sha
be pursuant to the oning for this parcel an ccording to the land use code
effective at the ' e of the submission o e building permit; seconded b asmine
Tygre. Appr ed 5-1 (LJ against).
CONTINUED PUBLIC HEARING:
Miscellaneous Code Amendments
Stan Gibbs opened the continued public hearing for the Code Amendments. Chris
Bendon stated this was a continued hearing on the section that describes how you
measure all the heights, FARs, and setbacks regarding development. Bendon went
through the Resolution that was changed from the last time in green and the table
that they were proposing for net lot area; this takes out for slopes, areas under high
water line and all of the things just talked about in the last application.
Bendon said that the concern that Cliff brought up regarding note #2, which sets a
basement on a property that can be reduced because of slope reduction. Bendon
provided a couple of options that he reviewed with Jim True and the commission
N.
City Planning & Zoning Meeting — Minutes — june 15, 2010
agreed on Option B "There shall be no reduction in Floor Area attributable to steep
slopes except that the total slope reduction shall not result in a property having less
than one -thousand square feet of floor area." Bendon said Option B is probably
more adaptable. Jasmine Tygre said that Option B provides more flexibility and if
the lot was very steep it would give more control over that.
Bendon said the next was measuring floor area and measuring to the exterior
sheathing, vapor barrier or weather proofing excluding any exterior veneer. So the
measurement is to the weather membrane not the exterior rocks.
Bendon said that attic space shouldn't count if it is a traditional attic space and
should count if it is going to be used like any other room in the building or can be
used like any other room in the building. "Unfinished and uninhabitable space
between the ceiling joists and roof rafters which is either inaccessible as only a
matter of necessity is exempt from floor area calculations."
Bendon said the sheds, storage units, and similar accessory structures count against
floor area if they are more than thirty inches in height. Weiss said he has a
Rubbermaid storage shed that he keeps his rakes, snow shovels and yard
equipment and it was 6 feet high, about 4 feet wide and 2 feet deep; and this would
count against his FAR. LJ Erspamer asked what were they trying to discourage
and we want to enclose our trash. Erspamer said that you can't even have a shed
and he doesn't have a garage. Gibbs suggested any shed under 50 square feet is
exempt and more than that counts 100%. Erspamer wanted 100 square feet. Weiss
said that he was okay with 50 and was curious why LJ wanted 100. Tygre and
Weiss said that wasn't a shed it was a room. Bendon said that he wouldn't go
beyond 50 square feet. Tygre said 4 feet by 8 feet.
Bendon said the Wildlife Dumpster Enclosures in residential zone districts are
exempt from floor area. Gibbs said this was a particular use and had to be wildlife
resistant.
Bendon said that projections into setback couldn't be closer than 5 feet from the
next building.
MOTION: Cliff Weiss moved to extend the meeting to 7:15 pm, seconded by LJ
Erspamer. Approved 5-1 (Jasmine, no)
9
City Planning & Zoning Meeting — Minutes —.June 15, 2010
Bendon said that energy systems were not appropriate in the front yard; if you
can't physically put it anywhere other than the front yard it ends up on top of your
building.
Myrin said that he has solar panels on his roof that are on the north and east sides
so they don't face the street and function until noon and didn't have to go through
HPC. Bendon said the question here was did you want to prohibit by definition in
the front yard.
Bendon said the next one was on page 12 of the resolution with the question why
do we regulate ridge height and we need know what the problem is first before we
attempt to fix it. Erspamer said that he was concerned where the measurement was
taken from; he asked if Chris was comfortable from measuring from the ground at
each point of the building. Erspamer voiced concern when the buildings were torn
down and all the soil was scraped and come back and nobody knows where the
original measurements were located so they need a variance because this is what
they have now. Bendon stated they measure from the lower of natural or finished
grade. Erspamer asked on a variable grade lot how do you take the average.
Bendon said that probably takes some discussion between the zoning officer and
the developer. Erspamer stated that you have to measure before they demolish.
Bendon replied yes, they wouldn't be grading because they need a development
permit to do that.
Bendon said the next was elevator and stair enclosures to exceed the height limit
by a certain amount only if they are setback so he suggested not to extend more
than 10 feet above the maximum specified height limit; if setback from the street
facing fagade of the building a minimum of 15 feet. The footprint of the stair or
elevator enclosure must be a minimum reasonably necessary for its function.
Myrin asked if on top of that elevator was there still another 5 feet for mechanical;
does that set a new height for all of that stuff. Bendon responded no, you can't
take all of these things and stack them together and do something that you
wouldn't otherwise be allowed to do. Weiss asked how peaked roofs work with
this. Bendon replied that if the elevator has a sloped roof you would measure that
point and go down. Weiss said it was a chimney. Bendon answered say the height
limit is 25 feet so you have a provision for measuring steep sloped roofs; the height
of the elevator enclosure could go to 35, you are measuring to the top part of that
elevator enclosure.
MOTION: LJErspamer moved to extend the meeting until 7: 30, Cliff Weiss
seconded, Approved 5-1 (Jasmine, no).
TE
City Planning & Zoning Meeting — Minutes — June 15, 2010
Brian Speck excused himself at 7:15pm.
Bendon said on page 15 of the resolution is Site Coverage.
Bendon stated the last one was on page 16 of the resolution Exceptions for
Building Code Compliance. Bendon said the applicant needs to know what the
building is all about before you begin construction so they don't end up going to
Council to get a Code Amendment to deal with their particular situation.
Bendon said this resolution still needs all the graphics that support and explain all
the changes.
MOTION: Jasmine Tygre moved to approve the Code Amendment, Resolution
#014-10; seconded by Cliff Weiss. Roll Call: Myrin, yes; Erspamer, no; Tygre,
yes; Weiss, yes, Gibbs, yes. Approved 4-1.
Adjou ed a 7:25pm
ckie Lothian, Deputy City Clerk
11
RESOLUTION NO. 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 considered public testimony and the recommendation of the Director
and recommended, by a _-_ L - vote, City Council adopt the proposed
amendments.
NOW, THEREFORE, BE IT 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.
A. Purpose. This section sets forth methods for measuring floor area, height, setbacks,
and other dimensional aspects of development and describes certain allowances,
requirements and other prescriptions for a range of structural components, such as
P&Z Reso. No. 14, Series 2010 Page 1-"
Deleted: 77te purpose of this .Section is
to set forth supplemental regulations
which relate to methods jor calculating
and measuring certain enumerated
terms as used in this Title. The
definitions of the terms are set forth at
Section 26.104.100.1
Formatted: Font: Bold, Italic
Formatted: Font: 12 pt
Formatted: Right: 0.25
porches, balconies, garages, chimneys, mechanical equipment, projections into yards, etc. Formatted: Font: tz pt
The definitions of the terms are set forth at Section 26.104.100.
P, Limitations The -prescribed dimensional requirements and specific allowances and
limitations, such as heigt, setback etc., of distinct structural components shall not be
aggregated or combined in a manner that extends beyond the dimensional limitations of
any distinct allowance of an individual structural component or in a manner that creates
or extends the specific nature of a non -conforming structure. For example, if a deck is
permitted to be developed within five feet of a property boundary and a garage must be a
minimum of ten feet from the same property boundary, a garage with a deck on top of it
may not be developed any closer than ten feet from the property boundary or otherwise
produce an aggregated structural component that extends beyond the setback limit of a
garage.
Non -conforming aspects of a property or structure are limited to the specific nature of the
non -conformity. Specific non -conforming aspects of a property cannot be converted or
exchanged in a manner that creates or extends a different specific non -conforming aspect
of a property. For example, a property that exceeds the allowable floor area and contains
deck area that exceeds the amount which may be exempted from floor area cannot
convert deck space to additional interior space.
C. Measuring Net Lot Area. A property's development rights are derived from Net Lot
Area. This is a figure that accounts for the presence of steep slopes, easements, areas
under water, and similar factors of a property. The method for calculating a parcel's Net
Lot Area is as follows:
Percent ofparcel to be
included in Net Lot Area to
Percent of parcel to be
included in Net Lot Area to
determine allowable Floor
determine allowable Density
Area
Areas of a parcel with 0% to
100%
100%
20% slope
Areas of a parcel with more
For properties in the R-15B
100%
than 20% and up to 30% slope
Zone — 100%
For all other properties —
50%.
Areas of a parcel with more
For properties in the R-15B
100%
than 30% slope
Zone — 100%
For all other properties — 0%.
P&Z Reso. No. 14, Series 2010 Page 2.
Formatted: Font: Bold
Formatted: Tabs: 0.25", Left
Formatted: Font: Not Italic
Formatted: Font: Not Italic
Formatted: Font: Not Italic
Formatted: Right: 0.25"
Areas below the hi_sh water
0%
0%
line of a river or body of
water.
Areas dedicated to the City or
100%
100%
County for open space or a
public trail.
Areas within an existing,
0%
—
0%
proposed, dedicated, or
vacated public or private
vehicular right-of-way or
vehicular easement, including
emergency access easements.
Areas of a property subject to
100%
100%
above ground or below
ground surface easements
such as utilities or an
irrigation ditch that do not
coincide with vehicular
easements.
Notes:
1. In instances where the natural grade of a property has been affected bx_prior• Formatted: Bullets and Numbering
development activity, the Community Development Director may accept an
estimation of pre -development topography prepared prepared by 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 attributable to steep slopes
except that the total slope reduction shall not result in aproperty 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 gain access.
MMLurin or lea. In measuring floor areas for floor area ratio and allowable
------------------------------------------------
floor area, the following applies:
1. General. In measuring Zbuilding for the purposes of calculating floor area ratio
and allowable floor area, there shall be included III areas within the surrounding
exterior walls pfjhe building or portion thereof. When measuring from the exterior
walls, the measurement shall be taken from the surface of the exterior sheathing,
vapor barrier or weatherproofing_membrane excluding all exterior veneer and surface
treatments such as stone, bricks, shingles, clapboards or other exterior veneer
treatments. JAlso, see provisions for setbacks - ***).
P&Z Reso. No. 14, Series 2010 Page 3.••
Deleted: A
Deleted: a
Deleted: floor area
Deleted: that
Deleted: floor
Deleted: (measured from their exterior
surface)
Deleted: a
Deleted: veneer and all exterior
treatments shall be included.
Formatted: Right: 0.25"
OUTSIDE
Window
Property
Line
tt Window Sill
Wood Veneer
—
Stone Veneer
Setback measured to
edge of veneer
Figure 1: Exterior Veneer
INSIDE
Exterior
eneer y�
1 N�-
r
Floor Area Measured to Exterior Sheathing
2. Vertical circulation. When calculating areas with stairs or an elevator
connecting separate levels of a structure, the element shall be counted on every floor- Deleted: each floor -to -floor staircase is
which is connected by the element. For elevators, each stop of the elevator shall be counted only once.
counted as if it were a solid floor.
3. Attic Space. Unfinished and uninhabitable space between the ceiling ioists 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 either habitable 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 "hung" or "false" ceiling is exempt.
b. an area accessible only through an exterior access panel or crawl space is
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.
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.
P&Z Reso. No. 14, Series 2010 Page 4.
Formatted: Indent: Left: 0.63",
Space Before: 6 pt, After: 0 pt
Formatted: Bullets and Numbering
Formatted: Space After: 0 pt
Formatted: Right: 0.25"
For example, under roof wingspace along the edges of a sleeping loft within a roof
vault shall be counted as Floor Area.
4. Decks, E341conies, l,pggias and Exterior Slairways. The calculation of the floor Deleted: 2
area of a building or a portion thereof shall not include decks, balconies, exterior Deleted: b
stairways, gazebos and similar features, unless the area of these features is greater Deleted: op rches.
than fifteen percent (15%) of the maximum allowable floor area or the property. If Deleted:
the area of these features exceeds fifteen percent (15%) of the property's maximum Deleted: s
allowable Floor Area, only the areas in excess of the fifteen percent (15%) shall be -
attributed towards the maximum allowable Floor Area for the property. The area of Deleted: of
these features shall be the maximum footprint of the feature including railings, fixed tDeWeeted: building
seating, planter boxes, overhangs, and similar structural components of the feature. : (the all be
of fifteen
�- - 5%] shall be included).
5. Porches. Porches on Street -facing facade(s) of a structure within thirty (30) _
inches of the ground level sha-
ll not be counted towards - allowable oor Area. Deleted: and landscaped terraces
- - ------------------------
Fl
Otherwise, these elements shall be no
to Floor Area as a Deck. Deleted: FAR
6. Patios and Landscape Terraces. Patios and Landscape Terraces within thim (30)
inches of finished grade shall not be counted towards allowable Floor Area.
7. Garages an4 cnort�, In all zone districts except the R-15,13 Zone District, for the
purpose of calculating floor area ratio and allowable floor area for angle -Family or
Duplex structure, garages"carports,phall be excluded as follows:
Size of Garage or Carport
Area excluded ger dwelling unit
First 0 to 250 square feet
100% of the area
Next 251 to 500 square feet
50% of the area
Areas above 500 square feet
No area excluded.
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 allev or private/,
floor area calculations as described in the table above.
for ganaps_that are partof a,,subgrade area, the garage exemption is en om the
-------- ---- -
total gross below -grade area before the subgrade calculation takes nYace. ed math
exam le
maximum fi
P&Z Reso. No. 14, Series 2010
Page 5.•'
Deleted: ¶
3
Deleted:
Deleted: and storage areas
Deleted: -
Deleted: a lot whose principal use is
residential
Deleted:
Deleted: and storage areas
Deleted: up to a maximum area of two
hundred fifty (250) square feet per
dwelling unit; 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; all garage, carport
and storage areas in excess of five
hundred (500) square feet per dwelling
unit shall be included as part of the
residential floor area calculation. For any
lung unit which can be accessed from
an ley or private road entering at the
rear r side of the dwelling unit, the
g e shall only be excluded from floor
are calculations up to two hundred fifty
(2 0) square feet per dwelling unit if it is
1 ated on said alley or road; all garage,
arport 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 determining the
exclusion, if any, applicable to garages,
carports and storage areas, the area of all
structures on a parcel shall be aggregated.
Deleted: basement
Formatted: Right: 0.25"
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.
If— — I -------------------------------------
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.
Deleted: In the R-I B Zone District,
garage, carport and storage areas shall be
limited to a five -hundred -square -foot
exemption.
-------- Deleted:4
For the purposes of this section, the wall area to be measured shall not include•- -- Formatted: Indent: First line: 0"
exterior wall area associated with structural components of the foundation or
floors of the structure. [graphic]
Floor Structure
Area of wall to
be used for
subgrade
calculation
Foundation and Floor Structure
Foundation Footer
Figure 2: Subgrade Wall
,Example: If fifteen percent (15Xo) of the exterior surface_ wall area has been ,. Deleted: ¶
exposed above natural or finished grade (whichever is lower), then fifteen
percent (15%) of the gross square footage of the subject story will be included
as floor area. f graphicl
P&Z Reso. No. 14, Series 2010
Page 6. '
d'l,f(4t-k-�w
Formatted: Right: 0.25"
-i
Window Well ?y�
Exposed —?
1 — 15% Exposed = 15% of floor counts as floor
� I $ela rade []+b area
Figure 3: Subgrade Calculation
�. 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 (100%) 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.
10. Affordable Housing Bonus. The floor area of.a parcel containing a single-family_
A .
or duplex residence and a permanently affordable "for sale" DU 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
P&Z Reso. No. 14, Series 2010 Page 7-"
Deleted: l
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 or 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 (500) square feet per dwelling
unit.¶
5.-(Repealed by Ord. No.56-2000, §8)1
6
Deleted: 7
Formatted: Right: 0.25"
calculation of Floor Area. These structures shall be exempt with no limitation if
thirty inches or less in height, as measured from finished grade.
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 lodging zone
districts are not exempt from floor area requirements and shall comply with zone
district requirements for Utility/Trash/Recycle areas.
Enclosures shall be located adiacent to the alley where an alley borders the property
and shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non -historic structures.
_ 33. Allocation of Non -Unit S ace in a mixed -use buildin In order to determine the
total floor area of individual uses in a mixed -use building, the total floor area for non -
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 non -unit space is
allocated to the different uses as follows:
P&Z Reso. No. 14, Series 2010 Page 8.
Deleted: 8.. Linked Pavilion. Any
element linking the principal structure to
an accessory structure shall not be
included in the calculation of floor area,
provided that the linking structure is no
more than one (1) story tall, six (6) fat
wide and ten (10) feet long. Areas of
linking structures in excess often (10)
feet in length shall be counted in floor
area.¶
9
Formatted: Right: 0.25"
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. Genera_!. Required setbacks shall be unoccupied and unobstructed within an area ------{Formatted: Font: Italic, underline
extending horizontally from the parcel boundary to the setback line and vertically above
and below grade, excepting 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. [-graphic]
Z. Determiniag Front, Rear, and Side Yards. The front yard setback shall be measured - Formatted: Font: Italic, 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 right-of-way. There shall not be more than one front
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.
L°-
Street Block Length
00'
Front Yard
100, I — �� Side
Yard
Alley
V
Y
Corner Lot
_1 r_
Figure 4: Determining setbacks
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.
Formatted: Right: 0.25"
P&Z Reso. No. 14, Series 2010 Page 9.
In this case, the boundary segment with the greatest Street frontage shall be the front lot
line.
I
i
I I
Front
Ae Yard
I I '
I i
I j
Street /
Side Yard
Figure 5: Corner lot with curved street -- --- _
:urve-tofs--shall be treated as a double corner lot with the center third (,1/3) of th
hy, the front lot I;- —A tl,P turn nn—;— P�9-] hAl1Y1l�OYlPC hainn the —*A. Int
lines such that rectilinear setbacks are approximated.
r Street
�I I
Front
Side Yard Yard
III
L—' 1 Street
Side Yard
Figure 6: Reverse curve lot
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. [graphic]
P&Z Reso. No. 14, Series 2010
Formatted: Right:
Page 10.
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
line.
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 foreizoing text does not provide definitive clarity by issuance of a recordable
administrative determination.
�. Determining required yard setbacks ad'at cent to private streets or ri ht�f-wad Along
private streets where the lot extends into the right-of-way or street easement, 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.
------------
Figure 7: Required setback from a private road or right-of-way
d. Combined Yards. Where zoning provisions require a combined setback (either front -
rear or side -side), the setbacks shall be consistent along the affected parcel boundaries.
ra hic
P&Z Reso. No. 14, Series 2010 Page 11.
Formatted: Font: Not Bold
Formatted: Right: 0.25"
�. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and Formatted: Font: Not Bold
below ground except for the following allowed protections:
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 oassagewav may extend the lesser of one-
thirdl'/3) of the way between the required setback and the property line or four (4)
feet. In no case shall the projection be allowed closer than five (5) feet to a
property line. This projection is allowed for balconies only and does not permit
projections of other improvements, such as garages or carports.
g. The minimum protection necessary to accommodate an exterior -mount fire escape
to an existing building, as s 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,
which do not exceed thirty (30) inches vertically above or below natural rag de or
finished grade, whichever is more restrictive. (Also see Chapter 26.410 —
Residential Design Standards for limits on the location of berms.) Improvements
may be up to thirty (30) inches above and below grade simultaneously. fgrayhicj
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 a rg ess.
i. Fences and hedges less than forty-two (42) inches in height, as measured from
finished grade, are permitted in all required vard setbacks. Fences and hedges up
to six (6) feet in height, as measured from finished grade, are permitted only in
areas entirely recessed behind any facade of a structure facing a Street.[graphic]
(Also see Section 26.575.050 — Supplementary Regulations for limitations on
fence materials.)
i. Driveways not exceeding twenty-four (24) inches above or below natural grade
within any setback of a yard facing a Street. Within all other required setbacks,
finished grade of a driveway shall not exceed thirty (30) inches above or below
Formatted: Right: Ui
P&Z Reso. No. 14, Series 2010 Page 12•
natural grade. Parkin is s only permitted within required setbacks if it is in an
approved driveway or other area approved for parking,
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
ground.
1. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills,
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 thirty (30) inches above or below finished grade. These
features may be up to thirty (30) inches above and below finished grade
simultaneously. Improvements may exceed thirty (30) inches below grade
determined to be necessary for the structural integrity of the improvement.
m. Heating and air conditioning equipment and similar mechanical equipment shall
be prohibited in all yards facing a Street. Mechanical equipment may be placed
within non -street facing yards but shall not exceed thirty (30) inches above or
below finished gade. These features may be up to thirty (30) inches above and
below finished grade simultaneously.
n. The height and placement of energy production systems and equipment which are
located adjacent 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 systems are discouraged in all yards
facing a Street. For energy production systems and equipment located on top of a
structure, see Section ***
o. Wildlife -resistant dumpster enclosures located in residential zone districts shall be -
prohibited in all yards facing a Street. These facilities may be placed within non -
street facing yards if the enclosure is the minimum reasonably necessary to
enclose the trash receptacles 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 facing a
Street is allowed. For example, on "trash day."
Enclosures shall be located adjacent to the alley where an alley borders the
property and shall not be located in a public right-of-way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut or
be attached to an historic structure. Enclosures may abut other non -historic
structures.
P&Z Reso. No. 14, Series 2010 Page 13.
Formatted: Indent: Left: 0.25",
Hanging0.25"_
Formatted: Right: 0.25"
. .Nencuring Building I&ights. - Deleted: a
1. General. In measuring a building for the compliance with height restrictions, the- Deleted: h
measurement shall be the maximum distance measured vertically�rom the ground Formatted: Bullets and Numbering
to the highest point of the building, located above that point, as further described Deleted: l
below and subject to certain exceptions as also described below:
- Formatted: Indent: Left: 0.25"
a. Measuring from the ground - At each location where the exterior- Formatted: 1st para indent 1 no,
perimeter of a building meets the ground the measurement shall be taken Numbered + Level: 2 + Numbering
from the lower of natural or finished grade. Buildingpermit plans must style: a, b, c, ... + start at: 1 +
P P Alignment: Left +Aligned at: 0.75"
depict both natural and finished grades. + Tab after: 1" + Indent at: 1"
In instances where the natural grade of a, property has been affected Formatted: Font: 12 pt
prior development activity, the Community Development Director may
accept an estimation of pre -development topography prepared by 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.
For the purposes of measuring height within the footprint of a buildin
the points around the perimeter of the building, as described above, shall
be projected from side to side to establish a two dimensional plane
representing the ground. The height of the structure within the footprint of
the building shall be measured using this ground plane.
b. Measuring to the roof - The high point of the measurement shall be taken--- - Formatted: Bullets and Numbering
from the surface of a structure's roof inclusive of exterior sheathing or
weatherproofing membrane but excluding exterior surface treatments such
as shakes, shingles, or other veneer treatments or ornamentation.
When measuring roofs to a point between the ridge and the eave point, the- Formatted: Indent: Left: 1"
eave point shall be the point in the roof plane of a structure or building
which intersects with the exterior wall surface raphic]
Formatted: Right: 0.25"
P&Z Reso. No. 14, Series 2010 Page 14-,"
Eave Point
I
i
Exterior Sheathing
Figure S: Exterior sheathing, roof
Formatted: Indent: Left: t"
•------ Formatted: Indent: Left: 0.25"
2. For properties in the Commercial Core (CC), Commercial (Cl), Commercial- -Formatted: Bullets and Numbering
Lodge WU 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 be•
measured accordingto o the pitch of the roof as follows:
------------ -- - -------------------------------
a. Flat roofs or roofs with a ip tch of less than 3:12. The height of,Lbuilding
with a roof pitch of less that 3:12 shall be measured from the ground p the 1
roof top or roof ridge_J,graphic] i.
P&Z Reso. No. 14, Series 2010 Page 15-
Formatted: Bullets and Numbering
Deleted: <#>Methods of measurement
for ruz ypes of roofs. ¶
In the Commercial Core (CC),
Commercial Lodge (CL), Neighborhood
Commercial (NC) and
Service/Commercial/Industrial (S/C/1)
Zone Districts, the height of the building
shall be the maximum 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 be measured as follows:
Deleted: slope
Deleted: the
Deleted: the maximum distance
measured vertically
Deleted: from the natural or finished
grade, whichever is lower,
Deleted: ridge of a flat, mansard or
other roof with a slope of less than 3:12.
Formatted: Right: 0.25"
Roof pitch
Parapet 3:12 or less
wall
Height Height of
Building
i
Figure 9: Measuring height for flat roofs or roofs with less than 3:12 pitch
T
c
Roofs with a RfIch rom 3:12 to 7:12. The height of a building with a roof Deleted: slope
---------_--- -----
i, itch from 3:12 to 7:12, shall be measured from the ground to the point of the Deleted: For roofs
-----------
roof halfway between the eave point and the ridge_,The ridge of�he roof shall � d: slope
not extend pore than five (5) feet above the maximum height limit. Deleted; , height
Deleted: vertically
Midpoint between eave pt. and ridge
Deleted: from the natural or finished
grade, whichever is lower,
Deleted: mean height
Ridge Deleted: of a gable, hip, gambrel or
other similar pitched roof.
Deleted: a gable, hip, gambrel or other
pitched
Deleted: over
Deleted: slope
j Deleted: of
_ I Deleted. t
or greater
Deleted' For roofs
Deleted: slope of 8:12 or
Figure 10: Measuring height for roofs with pitch from 3:12 to ;!-
7' 12 ``,%;; , Deleted: ,height shall be measured
�' ;'; vertically
Roos with a itchZreater than_,Z:12 The height of a buildin with a roof Deleted: the natural or finished grade,
itp ch greater than 7:12 shall be measured from the ground 20 the point of the whichever is lower,
7:1 _
roof one-third ('/3) of the distance up from the eave point to the ridge,__There Deleted: a
shall be no limit on the height of the ridge. Deleted:
P&Z Reso. No. 14, Series 2010
,t Formatted: Right:
Page 16t•"
1/3rd point between
eave pt. and Ridge
i
Ridge
I
Eave Point
Height
l
Figure 11: Measuring height for roof with pitch greater than
7:12
d. For roofs with multiple pitches within one vertical plane, the height of the roof
shall be measured based on the pitch of the highest element accordingto 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). Deleted: chimneys and other
appurtenances may extend up to a
f. Dormers shall be excluded from the calculation of height if the footprint of the maximum of two (2) feet above the ridge.
dormer is 50% or less of the roof lane on which the dormer is located. Formatted: Indent: Hanging: 0.56
P Tabs: 0.5", Left + 0.63", Left
Otherwise, dormers shall be calculated according to the method described Deleted: d
above.
Deleted: antennas
Deleted: other
• - - --- ----------------------- - ------------ - ---- - --- ----
4. Allowed Exceptions to Height Limitations Deleted: appurtenances
Deleted: Antennas,
chimneys, ues nd imilar ytilityapgaratus. Chimneys, flues, vents, and Deleted: c
,similar ptiIity apparatus shall not extend ,more than ten (10) feet above the Deleted: or
-- ---- ---- - --
height of the building at the point the device connects or more than ten (10) Deleted: structures
feet above the specified maximum height limi" roofs with a pitch of Deleted; over
Jew
8:12 or greater, these elements may not extend more than two (2) feet above Deleted; .except
the highest ridge of the structure. rted: f
Deleted:.
P&Z Reso. No. 14, Series 2010
t Formatted: Right: 0.25"
Page 17."
b. Communications Equipment. Antennas, satellite dishes, and similar
communications equipment and devices shall comply with (telecom section]
c. Elevator and Stair Enclosures. On any structure other than a single-family or
duplex residential building elevator overruns which do not provide roof
access shall not extend more than five (5) feet above the specified maximum
height limit. Elevator enclosures and stair enclosures providing roof access
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
fifteen 0 5) feet. To qualify for this exception, the footprint of the elevator or
stair enclosure must be the minimum reasonably necessary for its function.
For single-family and duplex residential buildings, elevator and stair
enclosures shall not be allowed a height exception.
d. Rooftop Railings. On any structure other than a single-family or duplex
residential building, rooftop ooftop railings, parapet walls, and similar safety devices
permittin rooftop ooftop access shall not extend more than five (5) feet above the
height of the building at the point the railing connects. To qualify for this
exception, the railing must be the minimum reasonably necessary to provide
adequate safety and building code compliance and the railing must be 50% or
more transparent. For single-family and duplex residential buildings, rooftop
railings shall not be allowed a height exception.
e. Mechanical Equipment. Heating, ventilation, and air conditioning systems,and
similar mechanical equipment located on top of a building -,shall not extend
jnore than five 0) feet above height of the building at the point the
equipment is attached.
f. Energy Production Systems and Equipment. Energy production systems and
equipment including solar 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 (5) feet above the height of the building at the point
the equipment is attached. On any structure other than a single-family or
duplex residential building these systems may extend up to ten (10) feet
above height of the building at the point the equipment is attached if
approved pursuant to Commercial Design Review.
The height and placement of energy production systems which are not located
on top of a building shall be established by the Planning and Zoning
Commission pursuant to the procedures and criteria of Chapter 26.430 —
Special 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.
Deleted: Water towers, solar panels
Deleted:
Deleted: over
Deleted: the specified maximum height
limit.
Ai. 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.
Formatted: Right:
P&Z Reso. No. 14, Series 2010 Page 18.
i. Bxcgptions for lightwells. Exceptions for areaways, light wells and basem_ ent
-- ---- -- ----- ---- ------ -
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.
i-- ------------------------------------------------ -----
G. Measuring 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. When measuring to the exterior
walls, the measurement shall be taken from the exterior surface of the sheathing, vapor
barrier or weatherproofing membrane excluding 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.
fi. Measurement ofDemoUdon. 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:
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.).
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.
The diagram shall depict each exterior wall and roof segment as a flat plane with
an area tabulation.
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. If 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.
P&Z Reso. No. 14, Series 2010 Page 19. "
Deleted: 3..
Deleted: C Lot area. Except in the
R-15B Zone 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 with a slope of twenty to
thirty percent (20-30%) may be counted
towards 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
(25%).¶
Also excluded from total lot area for the
purpose of floor area calculations in all
zone districts 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
right-of-way or surface easement. Lot
area shall include any lands dedicated to
the City or County for the public trail
system, 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
area shall have the same exclusions and
inclusions as for calculating floor area
ratio except for exclusion of areas of
greater than twenty percent (20%) slope.
Deleted: n
Deleted: E
Deleted: d
Formatted: Right: 0.25"
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. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-
2001, §§6, 7; Ord. No. 46-2001, §4; Ord. No. 55, 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,pccupied for
commercialpurposes,
Measurement o Net Leasable S ace. The calculation of Net Leasable S ace~` •,',
shall include all interior space of a building measured from interior wall to interior wall, .,',`••'.
including 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 refrigerators or
freezers, changing rooms, waiting rooms and similar space which may be leased to a
tenant. The calculation of Net Leasable Space shall excludepommon areas of a building
not intended or designed to be leased to an individual tenant such asFommon bathrooms,_; ••
common stairways, common circulation corridors, common mechanical areas, jgommon
storage areas or similar common spaces not intended or designed to be leased to an
individual tenant.
Permanently installed interior airlock spaces are exemDt from the calculation of net -
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks
installed on the exterior of a building shall be considered Net Leasable Area and shall be
subiect to all reauirements of the Land Use Code according to the Dronortion of the vear
in which it is installed.
Unless specifically exempted through other provisions of this Title, outdoor displays
outdoor vending, vending machines, and similar commercial activities located outside
P&Z Reso. No. 14, Series 2010 Page 20
Deleted: 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;¶
3. 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.).¶
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. Exte
Deleted: ¶
Deleted: leased to a tenant and
Deleted: ur office
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
Deleted: and
Deleted: provided, however, that these
areas are used solely by tenants on the
site.
Formatted: Indent: Left: 0", First
line: 0"
Formatted: Right: 0.25"
(not within a building) shall also be included in the calculation of Net Leasable Space.
The calculation of such area shall be the maximum footprint of the display 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.
- - - - - - Formatted: Indent: Left: 0.38",
First line: 0"
Idefinition l Net livable area. The areas ,within a building which are, or which are Deleted: available
-- - -• -- - --- -- ----
designed to be, used for habitation and human activity, Formatted: Indent: Flanging: 0.03"
J easurement ot Net Livable Area. The calculation of Net Livable Area shall -
include all interior space measured from interior wall to interior wall, including interior
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one
unit, habitable basements, and,storage areas' __closets and laundry areas accessible from
- - ----------- ---------------------- - --- -- ---------------
the interior of a unit. Net livable Area shall not include ommon circulation ----- areas,
F - - ------------------
common lobbies common stairwells common elevator corridors or similar common
spaces not intended or designed to be occupied by an individual tenant. Net Livable Area
shall not include uninhabitable basements, mechanical areas, stairs, unconditioned
,storage accessible only from the exterior, ,garages, parports, patios,- decks, porches or
similar spaces.
K. Exceptions. for Enerev Efficiencv. The Communitv Development Director mav-
approve exceptions to restrictions on Floor Area, Setbacks, Heigh, or Measurement of
Demolition to accommodate the addition of energy production systems or energy
efficiency systems or equipment 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
energv production or efficiencv exists. Approval shall be in the form of a recordable
administrative decision.
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: (attached or unattached),
Deleted: and
Formatted: Justified
Formatted: Font: Bold, Italic
Formatted: Font: Bold, Italic
Formatted: Font: Bold, Italic
L Exce tions or Bug&g Code Com fiance The Communily Development Formatted: Font: Bold, Italic
Director may approve exceptions to restrictions on Floor Area, Setbacks, Hei hg t, or Formatted: Font: Bold, Italic
Measurement of Demolition to accommodate improvements required to achieve Formatted: Font: Bold, Italic
compliance with building, fire, or accessibility codes 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
administrative decision.
M jppeals. An applicant aggrieved by a decision made by the Community' = Formatted: Justified
Development Director regarding this Calculations and Measurements Section may appeal Formatted: Bullets and Numbering
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316. Formatted: Font: Bold, Italic
Section 2:
P&Z Reso. No. 14, Series 2010 Page 21
Formatted: Right: 0.25"
A public hearing on the Resolution was held on the 1 ' and 15`}' days of June, 2010, at 4:30
p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where more than
fifteen (15) 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 15t' day of June, 2010.
Attest:
City Clerk
Approved as to form:
City Attorney
P&Z Reso. No. 14, Series 2010
Stan Gibbs, Chair
Formatted: Right: 0.25" 1
Page 22-"
Page 20: [1] Deleted chrisb 3/29/2010 4:17:00 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;
3. Balconies not utilized as an exterior passageway may extend the lesser of one-
third (1/3) 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.).
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 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.
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 (2/3) of the required front yard setback 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)
YZ %
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Chris Bendon, Community Development Director
RE: Land Use Code Amendments — Calculations and Measurements
Resolution No. _, Series 2010 — Public Hearin -Continued from June 1st
DATE: June 15, 2010
SUMMARY:
The City of Aspen Community Development Department has initiated amendments to the Aspen
Land Use Code section for Calculations and Measurements. Attached, please find the second
draft of amendments to this section. Staff made corrections to this draft based on the discussion
on June 1 st. Staff would like to review the changes and gain P&Z comments. If another draft is
necessary, staff would like to continue the public hearing to July 6cn
EXHIBITS:
A — Amended text (in resolution format)
B — Existing text
6k f
RESOLUTION NO. _
(SERIES OF 2010)
V"$ At
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THEno
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 considered public testimony and the recommendation of the Director
and recommended, by a _-_ L - vote, City Council adopt the proposed
amendments.
NOW, THEREFORE, BE IT 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:
.1 Deleted: The purpose ojthis Section is
to sel forth supplemental regulations
which relate to methods jar calculating
and measuring certain enumerated
26.575.020. Calculations and measurements. terms asavedinthis Title. The
A. Purpose. :This section sets forth methods for measuring floor area height setbacks definitionsajthetermvare.seljorthat
and other dimensional aspects of development and describes certain allowances, Section :6.104.I00.¶
requirements and other prescriptions for a range of structural components, such as Formatted: Font: Bold, Italic
Formatted: Font: 12 pt
Formatted: Right: 0.25"
porches, balconies, garages, chimneys, mechanical equipment, projections into yards, etc. Formatted: Font: Iz pt
The definitions of the terms are set forth at Section 26.104.100.
B. Limitations, The prescribed dimensional requirements ands specific- allowances and • Formatted: Font: Bold
limitations, such as height, setbacM etc., of distinct structural components shall not be Formatted: Tabs: 0.25 Left ]
aggregated or combined in a manner that extends beyond the dimensional limitations of Formatted: Font: Not Italic
any distinct allowance of an individual structural component or in a manner that creates__ Formatted: Font: Not Italic
or extends the specific nature of a non -conforming structure. For example, if a deck is Formatted: Font: Not Italic
permitted to be developed within five feet of a property boundary and a garage must be a matt___ o I
minimum of ten feet from the same property boundary, a garage with a deck on top of it
may not be developed any closer than ten feet from the property boundary or otherwise
produce an aggregated structural component that extends beyond the setback limit of a
garage.
Non-conformine aspects of a propertv or structure are limited to the specific nature of the
non -conformity. Specific non -conforming aspects of a property cannot be converted or
exchanged in a manner that creates or extends a different specific non -conforming aspect
of aproperty. For example, a property that exceeds the allowable floor area and contains
deck area that exceeds the amount which may be exempted from floor area cannot
convert deck space to additional interior space.
C, Measuring Net Lot Area. A property's development rights are derived from Net Lot
Area. This is a figure that accounts for the presence of steep slopes, easements, areas
under water, and similar factors of a property. The method for calculating a parcel's Net
Lot Area is as follows:
ercent OLparcel to be
included in Net kot Area to
Percent ofparcel to b:.� -_
included in Net 4ot Area to'••
determine allowable Floor
determine allowable DenSlt.V••
Area
Areas of a parcel with 0% to
100%
100% `
20% slope
Areas of a parcel with more
For properties in the R-15B
t------
100%
than 20% and up to 30% slope
Zone — 100%
For all other properties —
50%.
Areas of a parcel with more
For properties in the R-15B
•-----
100%
than 30% slope
Zone — 100%
For all other properties — 0%.
Formatted Table
mama
Formatted: Font: Bold, Italic
Formatted: Centered
Formatted: Font: Bold, Italic
Frmatted: Font: Bold, Italic
rmatted: Centered
Formatted: Centered ]
Formatted: Centered
Formatted: Right: 0.25'
2•'
Areas below the high water
0%
0% `
line of a river or body of
water.
Areas dedicated to the City or
100%
100% `
County for open space or a
public trail.
Areas within an existing,
0%
—
0% ` -- ---
proposed, dedicated, or
vacated public or private
vehicular right-of-way or
vehicular easement, including
emergency access easements.
Areas of a property subject to
100%
100% `
above ground or below
ground surface easements
such as utilities or an
irrigation ditch that do not
coincide with vehicular
easements.
Notes:
Formatted: Centered
Formatted: Centered
Formatted: Centered
Formatted: Centered
1. In instances where the natural grade of a property has been affected by prior~-- --- Formatted: Bullets and Numbering
development activity, the Community Development Director may accept an
estimation of pre -development topography prepared prepared by 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. The maximum total reduction in Floor Area attributable to slope reduction for a
given site shall not exceed twen -five percent (25%).
Option A . The maximum total reduction in Floor Area attributable to slope -
reduction for a given site shall not exceed fifty percent (50%).
Option B... There shall be no limit on the reduction in Floor Area attributable 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 gain access.
3
Formatted: Indent: Left: 0.25",
Hanging: 0.25"
Formatted: Indent: Left: 0.25",
Hanging: 0.25"
{ Formatted: Bullets and Numbering
Formatted: Right: 0.25"
Measuring Floor A1ea. In measuring _floor areas for floor area ratio and allowable Deleted: A
floor area, the following applies: De1eted: a
1. General. In measuring g building for the purposes of calculating floor area ratio Deleted: floor area
and allowable floor area, there shall be included ,areas within the surroundmg -. Deleted: that
- -- --- -- -----
exterior walls o_flbe building or portion thereof. When measuring from the exterior Deleted: floor
walls, the measurement shall be taken from the surface of the exterior sheathing Deleted: (measured from their exterior
vapor barrier or weatherproofing membrane excluding all exterior veneer and surface surface)
treatments such as stone, bricks, shingles, clapboards or other exterior veneer Deleted: a
treatments. f,Also, see- Rrovis ions -for setbacks - ***).
-- - - - --- -- ' ---- --- --- -- - --- - - --------- ------------' Deleted: veneer and all exterior
treatments shall be included.
2. Vertical circulation. When calculating areas with stairs or an elevator
connecting separate levels of a structure, jhe:element ,shall be counted on every floor -. --- Deleted: each floor -to -floor staircase is
which is connected by the element. For elevators, each stop of the elevator shall be counted only once.
counted as if it were a solid floor.
3. Attic Space. Unfinished and uninhabitable space between the ceiling joists 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 either habitable 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 "hung" or "false" ceiling is exempt.
b. an area accessible only through an exterior access panel or crawl space is
exempt.
c. An area accessible only through hrough an interior pull -down access ladder is
exempt.
d. If its dusty and smells like dead rodents its definitely exemp
e. a sleeping loft accessible via a stairway or a ladder shall be counted.
f. An unfinished space which has convenient access shall be counted.
t
If anv 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 wing space alongthe he edges of a sleeping loft within a roof
vault shall be counted as Floor Area.
4. Decks, Balconies, 4 igg as and Exterior %airways. The calculation of the floor
area of a building or a portion thereof shall not include decks, balconies, exterior t` ;
stairways, gazebos and similar features, unless the area of these features is greater
than fifteen percent (15%) of the maximum allowable floor area &TAe properm. If
the area of these features exceeds fifteen percent 15% of the property's maximum
allowable Floor Area, only the areas in excess of the fifteen percent (15%) shall be
4•
Formatted: Indent: Left: 0.63",
Space Before: 6 pt, After: 0 pt
Formatted: Bullets and Numbering
Formatted: Space After: 0 pt
Deleted: 2
Deleted: b
Deleted rao ches.
Deleted: l
Deleted: s
Deleted: of
Deleted: huilding
Formatted: Right: 0.25"
attributed towards the maximum allowable Floor Area for the Dror)erty. The area of
these features shall be the maximum footprint of the feature including railings, fixed , Deleted: (the excess of the fifteen
seating, planter boxes, overhangs, and similar structural components of the feature. percent [15%] shall be included).
5. Porches. Porches on Street -facing facade(s) of a structure within thirty (30)
inches of the ground level shall_ not be counted towards ,allowable Floor Area. Deleted: and landscaped terraces
Otherwise, these elements shall be attributed to Floor Area as a Deck. -- Deleted: FAR
6. Patios and Landscape Terraces. Patios and Landscape Terraces within thirty (30)
inches of finished grade shall not be counted towards allowable Floor Area.
7. Garages and carports, In all zone districts except the R-15,B Zone District, for the
purpose of calculating floor area ratio and allowable floor area for a single -Family or
Duplex structure,,, garages an_ carportsshall be excluded as follows:
Sipe of Garage or CarRort
Area excluded per dwelling unit
First 0 to 250 square feet
100% of the area
Next 251 to 500 square feet
50% of the area
Areas above 500 square feet
No area excluded.
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.
,For garages that are part of a �Subgrade area, the garage exemption is taken from the
total gross below -grade area before the subgrade calculation takes place. [need math
exam le
In the R-15B Zone District, garage and carport areas shall be excluded up to a
maximum five -hundred -square -foot exemption total for the propen.
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
5•
Deleted: ¶
s
Deleted
Deleted: and storage areas
Deleted:
Deleted: a lot whose principal use is
re,ulential
LDeleted•
Deleted: and storage areas
Deleted: up to a maximum area of two
hundred fifty (250) square feet per
dwelling unit; 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; all garage, carport
and storage areas in excess of five
hundred (500) square feet per dwelling
unit shall be included as part 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 hundred fifty
(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 determining 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-1B Zone District,
garage, carport and storage areas shall be
limited to a five -hundred -square -foot
exemption.
Deleted: 4
Formatted: Right: 0.25"
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.
For the purposes of this section, the wall area to be measured shall not include -------- Formatted: Indent: First line: 0" J
exterior wall area associated with structural components of the foundation or
floors of the structure. raphicl
,Example: If fifteen percent (150o) of the exterior surface wall area has been
-- - - ----- --- -
exposed above natural or finished grade (whichever is lower), then fifteen ---
percent (15%) of the gross square footage of the subject story will be included Deleted: )
as floor area. haraphicl
�. 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 (100%) 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.
0. Affordable Housing Bonus. The floor area of a parcel containing a single-family
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.
11. Sheds Storage Units, and similar Accessory Structures. Sheds, storage units,
greenhouses, and similar habitable or inhabitable accessory structures more than
thirty inches in height shall be included in the calculation of Floor Area. These
structures shall be exempt if thirty inches or less in height, as measured from finished
910e.
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 or 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 (500) square feet per dwelling
unit¶
5.. (Repealed by Ord. No. 56-2000, §8)¶
6
Deleted: 7
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 lodging zone
districts are not exempt from floor area requirements and shall comply with zone
district requirements for Utility/Trash/Recycle areas. Formatted: Right: 0.25"
Enclosures shall be located adiacent to the alley where an alley borders the property
and shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non -historic structures.
3. 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 -
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 non -unit 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.
J. General. Required_ setbacks shall be unoccupied and unobstructed within an area
extending horizontally from the parcel boundary to the setback line and vertically above
and below grade, excepting allowed projections as described below.
7-
Deleted: 8.. Linked Pavilion. Any
element linking the principal stricture to
an accessory structure shall not be
included in the calculation of floor area,
provided that the linking structure is no
more than one (1) story tall, six (6) feet
wide and ten (10) feet long. Areas of
linking structures in excess often (10)
feet in length shall be counted in floor
area.¶
9
Formatted: Font: Italic, Underline
Formatted: Right: 0.25"
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. [graphic]
�. Determining Front. Rear, and Side Yards. The front yard setback shall be measured Formatted: Font: Italic, 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 right-of-way. There shall not be more than one front
lot line. For corner 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.
a 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. raphicl
Reverse curve lots shall be treated as a double corner lot with the center third (1/3) 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. [graphic]
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. raphicl
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. Aparcel shall have only one rear lot
line.
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.
3. Determining required yard setbacks adiacent to,private streets or rights-�way. Along Formatted: Font: Not sold
private streets where the lot extends into the right-of-way or street easement, 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.
Formatted: Right: 0.25"
gr'
-- - - - --- ---- F ------------
Figure 575.1 Required Setback From a Private Road or Right -of -Way
4. Combined Yards. Where zoning provisions require a combined setback (either front -
rear or side -side), the setbacks shall be consistent along the affected parcel boundaries.
ra hit
�. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and Formatted: Font: Not Bold
below ground extent 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 assageway may extend the lesser of one-
third ('/3) of the way between the required setback and the property line or four (4)
feet. In no case shall the projection be allowed closer than five (5) feet to a
Formatted: Right: 0.25"
property line. This projection is allowed for balconies only and does not permit
proiections of other improvements, such as garages or carports.
The minimum projection necessary to accommodate an exterior -mount fire escape
to an existine buildine. 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,
which do not exceed thirty (30) inches vertically above or below natural grade or
finished grade, whichever is more restrictive. (Also see Chapter 26.410 —
Residential Design Standards for limits on the location of berms.) Improvements
may be up to thirty (30) inches above and below grade simultaneously_ raphicl
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 egress.
i. Fences and hedges less than forty-two (42) inches in height, as measured from
finished grade, are permitted in all required yard setbacks. Fences and hedges up
to six (6,) feet in height, as measured from finished grade, are permitted only in
areas entirely recessed behind any facade of a structure facing a Street. aphicl
(Also see Section 26.575.050 — Supplementary Regulations for limitations on
fence materials.)
J. Driveways not exceedingtwenty-four (24) inches above or below natural grade
within any setback of a yard facing a Street. Within all other required setbacks,
finished grade of a driveway shall not exceed thirty_(30) inches above or below
natural grade. Parkins only permitted within required setbacks if it is in an
approved driveway or other area approved for parking.
k. Non-vermanent features which are not affixed to the ground such as movable
patio furniture, outdoor seating or a picnic table, barbeq_ue grills, children's play
equipment, and similar non -permanent features which are not affixed to the
ground.
1. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills,
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 thirty (30) inches above or below finished grade. These
features may be 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. Heating and air conditioning equipment and similar mechanical equipment shall
be prohibited in all yards facing a Street. Mechanical equipment may be placed
within non -street facing yards but shall not exceed thirty (30) inches above or
below finished grade. These features may be to thirty (30) inches above and
below finished grade simultaneously.
Formatted: Right: U5'
10•'
n. Energy production systems and equipment located adjacent to or independent of a
op building shall be prohibited in all yards facing a Street. The height and placement
of these systems shall be established by the Planning and Zoning Commission
pursuant to the procedures and criteria of Chapter 26.430 - Special Review. For
energy production systems and equipment located on top of a structure, see
Wildlife -resistant dumpster enclosures located in residential zone districts shall be -------- Formatted: Indent: Left: 0.25",
prohibited in all yards facing a Street. These facilities may be placed within non- Hanging: 0.25"
street facing yards if the enclosure is the minimum reasonably necessary to
enclose the trash receptacles 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 facing a
Street is allowed. For example, on "trash day."
Enclosures shall be located adiacent to the allev where an allev borders the
property and shall not be located in a public right-of-way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut or
be attached to an historic structure. Enclosures may abut other non -historic
structures.
,E._ MeasudM4j kf??rg &fights,- -------- ---- Deleted: e -
1. General. In measuring a building for the compliance with height restrictions, the-"" Deleted: h
measurement shall be the maximum distance measured verticallyAgm the ground Formatted: Bullets and Numbering
to the highest point of the building located above that point, as further described Deleted: i.
below and subject to certain exceptions as also described below:
• --- -- Formatted: Indent: Left: 0.25"
a. Measuring from the ground - At each location where the exterior -------- Formatted: 1st para indent 1 no,
perimeter of a building meets the ground the measurement shall be taken Numbered + Level: 2 + Numbering
from the lower of natural or finished grade. Building permit plans must Style: a, b, C, ... + Start at: 1 +
g �P p Alignment: Left +Aligned at: 0.75"
depict both natural and finished grades. + Tab after: I" + Indent at: 1"
In instances where the natural grade of aproperty has been affected - Formatted: Font: 12 pt
prior development activity, the Community Development Director may
accept an estimation of pre -development topography prepared by 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.
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"
representing the ground. The height of the structure within the footprint of
Formatted: Bullets and Numbering
the building shall be measured using this ground plane.
Formatted: Indent: Left: r
Formatted: Indent: Left: 0.25"
b. Measuring, to the roof - The high point of the measurement shall be taken-
Formatted: Bullets and Numbering
from the surface of a structure's roof inclusive of exterior sheathing Or
Formatted: Bullets and Numbering
weatherproofing membrane but excluding exterior surface treatments such
Deleted: ;; Methodsoimca„cement
as shakes, shingles, or other veneer treatments or ornamentation.
forvarying types of roofs. ¶In the commercial Core (CC),
r•
Commercial Lodge (CL), Neighborhood
When measuring roofs to a point between the ridge and the eavepoint, the
Commercial (NC) and
Service/Commercial/Industrial (S/C/1)
eave point shall be the point in the roof plane of a structure or building
Zone Districts, the height of the building
which intersects with the exterior wall surface fgraphicl
shall be the maximum distance measured
vertically from the natural or finished
grade, whichever is lower, to the top,
2. For properties in the Commercial Core (CC), Commercial (C 1), Commercial-'
ridge or parapet of the structure. For
structures in all other Zone Districts, the
Lodge (CL), Neighborhood Commercial (NC) and Service Commercial Industrial
height shall be measured as follows:
(SCI) Zone Districts, the height of the building shall be the maximum distance
Deleted: Slope
between the ground and the roof top, roof ridge parapet, or top -most portion of :;' -
Deleted: the
the structure.
Deleted: the maximum distance
measured vertically
3. For properties in all other Zone Districts, the height of the building shall be-', ;;`r ;
Deleted: from the natural or finished
whichever is lower,
measured according to the pitch of the roof as follows: -
grade,
-
Deleted: ridge of a flat, mansard or
----------------------------------------------------------------------------------------------------------------------- 1;;
other roof with a slope of less than3:12,
a. Flat roofs or roofs with a itch o less than 3:I2. The height ofja building �i;';
- ---------------------- - - -
with a roof itch of less that 3:12 shall be easured from the ground;; the
P �,•'--•-----
Deleted: Snipe
_ ;
- - - - -- --------' ; ,,
roof to or roof ridge. ra hicl
P li,Lg P
Deleted: For roofs
--__
------------------------------- ---- ---------
Deleted: slope
b. _Roofs with a VjWh om 3:12 to 7.•12. The height of a buildingwith a roof r' -
Deleted: , height
ip tch from 3:12_to 7:12tshall be measured from the ground So the point of the ,,'::--
Deleted: vertically
roof halfway between the eave point and the ridge. The ridge of &e of ' ,;'
Deed: from the natural or finished
shall not extend more than five (5) feet above the maximum height limit. °.;. ' •,
—_fwe -feet ------ ----- --- ----- ------- - - ----
grade, whichever is lower,
Deleted: mean height
ea
c. with a,pitch greater thanZ,_12Y The height of a building with a roof ''
_Roofs ,`,
itp ch greater than 7:12 shall be measured from the ground ropoint_of the
Deleted" gable, hip, gambrel or
other similar pitched roof.
roof one-third (1/3 of the distance u from the eave point to the ridge. Ty,ere r;, ', '
\ � P P g—t`------ i
Deleted: a �,ahle, hip, gambrel or other
shall be no limit on the height of the ridge.
pitched
Deleted: o er
d. For roofs with multiple pitches within one vertical plane, the height of the roof
shall be measured based on the pitch of the highest element accordin to o the
Deleted: 'hq,
methodology described above.
Deleted:
Deleted: ,N
e. For barrel -vault roofs, height shall be measured by drawing a line within a
Deleted: orgreaa,
vertical section between the top -most point of the roof and the Eave Point(s)
Deleted: For roofs
and then applying the methodology for the resulting pitch of said line(s).
Deleted: lope of&12 or
f. Dormers shall be excluded from the calculation of height if the footprint of the
Deleted:. height shall be measu f11
dormer is 50% or less of the roof plane on which the dormer is located.
Deleted: the natural or finished
Otherwise, dormers shall be calculated according to the method described
Deleted: a
above. ??? need to do some testing on this - maybe that 25% is more
Deleted:
appropriate.
Formatted: Right: 0.25"
12-`
4. Allowed Exceptions to Height Limitations ` -----
a. "himneys, ues nd ins milar ,utility apparatus. _C�. timneys, flues, vents, an_d ---.-
,similar utility, apparatus shall not extend more than ten (10) feet above the �i:;;
height of the buildingat the point the device connects or more than ten (10)
feet above the specified maximum height limior roofs with a pitch of t',,,;•;.'
8:12 or greater, these elements may not extend more than two (2) feet above
the highest ridge of the structure_
b. Communications Equipment. Antennas, satellite dishes, and similar
communications equipment and devices shall comply with [telecom section]
c. Elevator and Stair Enclosures. On any structure other than a single-family or
duplex residential building, elevator overruns which do not provide roof
access shall not extend more than five (5) feet above the specified maximum
height limit. Elevator enclosures and stair enclosures providing roof access
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
fifteen 05) feet. To qualify for this exception, the footprint of the elevator or
stair enclosure must be the minimum reasonably necessary for its function.
For single-family and duplex residential buildings, elevator and stair
enclosures shall not be allowed a height exception.
d. Rooftop Railings. On any structure other than a single-family or duplex
residential building, rooftop railings_ parapet walls, and similar safety devices
permittingrooftop ooftop access shall not extend more than five (5) feet above the
height of the building at the point the railing connects. To qualify for this
exception, the railing must be the minimum reasonably necessary to provide
adequate safety and building code compliance and the railing must be 50% or
more transparent. For single-family and duplex residential buildings, rooftop
railings shall not be allowed a height exception.
Deleted: Chimneys and other
appurtenances may extend up to a
maximum of two (2) feet above the ridge.
Formatted: Indent: Hanging: 0.56
T.
0.5", Left + 0.63", Left
Deleted d..
Deleted: antennas
Deleted: other
Deleted: appurtenances
Deleted: Antennas,
Deleted: c
Deleted: or
Deleted: ,tructures
Deleted: over
Deleted:. except
Deleted: f
Deleted:.
e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, and Deleted: water towers, solar panels
similar mechanical equipment located on top of a building hall not extend - Deleted:
- - -------------------
or�n, a than five (5) feet above height of the building at the point the _- Deletes; over
— -- r
ee uipmentisattached.------------------------------------------------------.--------------------------- Deleted: the specified maximum height
limit.
f. Energy Production Systems and Equipment. Energy production systems and
equipment including solar 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 (5) feet above the height of the building at the point
the equipment is attached. On any structure other than a single-family or
duplex residential building these systems may extend up to ten (10) feet
above height of the building at the point the equipment is attached if
approved pursuant to Commercial Design Review.
Formatted: Right: 0.25"
13-
The height and placement of energy production systems which are not located
on top of a building shall be established by the Planning and Zoning
Commission pursuant to the procedures and criteria of Chapter 26.430 —
Special Review. (Also see setback requirements for these systems ***.)
a. Church spires, bell towers and like architectural projections, as well as flag
poles, may extend over the specified maximum height limit.
buildingsExceptions for (street-fac g) facademay extend sfor he first thirty (30) feet of the building'sfront- Formatted: Indent: Left: 0.5"
depth.
i. Exceptions for lightwells. Exceptions for areawa s light wells and basement Deleted: 3..
-- - ----- -- ----- y : ---1 -a - -- en 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 he first
floor level shall not be counted towards maximum permissible height.
Deleted: C.. Lot area. Except in the
R-15B Zone District, when calculating
floor area ratio, lot areas shall include
ite coverage. Site coverage is typically gicall expressed as a ercenta e..
Measurin Sgg p
only areas with a slope of less than
rsG - �.�.....�....�. — ..
When calculating site coverage of a structure or building, the exterior walls of the
twenty percent (20%). In addition, half
(.50) of lot areas with a slope of twenty to
structure or building at ground level should be used. When measuring to the exterior
gym' Percent may be counted
walls, the measurement shall be taken from the exterior surface of the sheathing, vapor
`
area ratio
towards floor area ratio; areas with slopes
ofgreater than thirty percent (30%) shall
aexcluded. The total reduction in FAR
t
attributable to slope reduction for a given
site shall not exceed twenty-five percent
(25%).$
barrier or weatherproofing membrane excluding all exterior veneer and surface
treatments such as stone, bricks, shingles, clapboards or other exterior veneer treatments.
Porches, roofs or balconyoverhangs, cantilevered building elements similar features k
an g ' gemens an
extending directly over grade shall be excluded from maximum allowable site coverage
Also excluded from total lot area for the
purpose of floor area calculations in all
calculations.
zone districts is that area beneath the high
water line of a body of water and that
area within a vacated right-of-way or
Measurement of Dxmolitdn. The City Zoning Officer shall determine if a building
within an existing or proposed dedicated
------------------ - ----------------- ---- ---------------- ----------------
is intended to be or has been, demolished by applying the following process of
right-of-way or surface easement. Lot
include lands dedicated
calculation:
1 1
area shall any to
the City or County for the public trail
%
system, any open irrigation ditch or any
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram
$
lands subject to an above ground or
showing the following:
+
below ground surface easement such as
utilities that do not coincide with road
easements. When calculating density, lot
have
1. The surface area of all existing (prior to commencing development) exterior wall
area shall the same exclusions and
inclusions for floor
assemblies above fmished grade and all existing roof assemblies. Not counted in
as calculating area
ratio except for exclusion of areas of
the existing exterior surface area calculations shall be all existing fenestration
greater than twenty percent (20%) slope.
Deleted: n
(doors, windows, skylights, etc.).
Deleted: E
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
Deleted: d
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.
Formatted: Right: 0.25"
14-
Exterior wall assembly and roof assembly shall constitute the exterior surface of that
Deleted: 26.575.040.. Yards.¶
element in addition to the necessary subsurface components for its structural integrity,
A.. Projections into required yards.
yards shall be unobstructed from the
including such items as studs, joists, rafters etc. If a portion of a wall or roof structural
ground to the sky except for the following
capacity is to be removed, the associated exterior surface area shall be diagrammed as
allowed projections:¶
1. - Building eaves -Eighteen (18)
being removed. If a portion of a wall or roof involuntarily collapses, regardless of the
inches;$
developers intent, that portion shall be calculated as removed. Recalculation may be
2.. Architectural projections — Eighteen
(18) inches;¶
necessary during the process of development and the Zoning Officer may require updated
3.. Balconies not utilized as an exterior
calculations as aj progresses. ect ro r0
passageway may extend the lesser of one-
third third (/3) of the way between the required
setback and the property line or four (4)
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.
4. Fire escapes required by the
4. F
International Building code - Four (4)
foet;Q
Only exterior surface area above finished grade shall be used in the determination of
5.. Uncovered porches, slabs, patios,
demolition. Sub -grade elements and interior wall elements, while potentially necessary
walks, retaining walls, steps and similarstructures, which do not exceed thirty
for a building's integrity, shall not be counted in the computation of exterior surface area.
(30) inches above or below natural grade
or finished grade, whichever is more
According to the prepared diagram and area tabulation, the surface area of all portions of
restrictive, shall be permitted to projectinto the yard without restriction.
the exterior to be removed shall be divided by the surface area of all portions of the
projections may exceed thirty (30) inches
exterior of the existing structure and expressed as a percentage. The Zoning Officer shall
below grade if determined to be requiredby the chief Building official for
use this percentage to determine if the building is to be or has been demolished according
window egress.¶
to the definition in Section 26.104.100, Demolition. If portions of the building
6.. Fences, hedges, berms and walls less
than six (6) feet in height, as measured
involuntarily collapse, regardless of the developer's intent, that portion shall be calculated
from natural grade, are permitted in all
as removed.
required yard setbacks. (See
Supplementary Regulations — Section
26.575.050, Fences.).$
It shall be the responsibility of the applicant to accurately understand the structural
7. Driveways. Driveway access shall
capabilities of the building prior to undertaking a remodel. Failure to properly
P g P g P P Y
not exceed a depth or height greater than
twenty-four (24) inches above or below
understand the structural capacity of elements intended to remain may result in an
grade within the required front yard
involuntary collapse of those portions and a requirement to recalculate the extent of
setback. Within all other requiredsetbacks, driveway access shall not
demolition. Landowner's intent or unforeseen circumstances shall not affect the
exceed a depth or height greater than
calculation of actual physical demolition. Additional requirements or restrictions of this
thirty (30) inches above or below grade.
Parking is only permitted within required
Title may result upon actual demolition.
setbacks if it is in an approved driveway
or other area approved for parking.$
Ord. No. 44-1999 o. 7. Ord. N55-2000 14. Ord. N56-2000 5 6 8. Ord. N25-
> > > o. > �� > > + o.
8.. Exterior merchandizing. Exterior
merchandizing in nonresidential zone
2001, §§6, 7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2-4; Ord. No. 12-2006, § 19;
districts shall be prohibited in all required
Ord. No. 12, 2007, 32
§ �
yard setbacks.$
9.. Mechanical equipment. Mechanical
equipment shall be prohibited in all front
yard setbacks. On comer lots,
definition et leasable commercial and office space. Those areas within a ;
--------------------------------------------------------------------
mechanical may equipment not be placed
Y
in the setback of any yard facing .. 3
commercial or office building which are, or which are designed to be, _ pied for
Deleted: $
commercial purposes. -------------
Deleted: leased to a tenant and
Deleted: or office
/ Measurement 9L Net Leasable S ace. The calculation of Net Leasable S aces-•--
shall include all interior space of a building measured from interior wall to interior wall,
Formatted: Indent: Left: 0", First
0 98„ 0^, Tabs: 0.5^, Left + Not at
including interior partitions and inclusive of all areas which can be leased to an individual
tenant including offices, hallways, meeting rooms, display areas, showrooms, kitchens,
Formatted: Font: Italic
dining rooms, coat rooms, bathrooms, storage, storage rooms, walk-in refrigerators or
Deleted: exclusive of any
freezers, changing rooms, waiting rooms and similar space which may be leased to a
Deleted: including, but not necessarily
limited to, areas dedicated to
tenant. The calculation of Net Leasable Space shall exclude pommon areas of a buildine
not intended or designed to be leased to an individual tenant such aspommon bathrooms,
Formatted: Right: 0.25"
15-
common stairways, common circulation corridors, common mechanical areas, common
storage areas or similar common spaces not intended or designed to be leased to an
individual tenant.
Permanently installed interior airlock spaces are exempt from the calculation of net ---
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks
installed on the exterior of a building_shall be considered Net Leasable Area and shall be
subject to all requirements 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 displays
outdoor vending, vending machines, and similar commercial activities located outside
(not within a building) shall also be included in the calculation of Net Leasable Space.
The calculation of such area shall be the maximum footprint of the display 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.
Deleted: and
Deleted: provided however, that these
areas are used solely by tenants on [he
site.
Formatted: Indent: Left: 0", First
line: 0"
Formatted: Indent: Left: 0.38",
First line: 0"
ldeflnitionl Net livable area. The areas�within a building which are, or which are • --- Formatted: Indent: Hanging: 0.03"
--- --------- -
designed to be, used for habitation and human activity, Deleted Mailable
J easurement or Net Livable Area. The calculation of Net Livable Area shall --------
include all interior space measured from interior wall to interior wall, including interior
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one
unit, habitable basements, and storage areas --closets and laundry areas accessible from
the interior of a unit. Net livable Area shall not include pommon circulation areas
common lobbies, common stairwells, common elevator corridors, or similar common
spaces not intended or designed to be occupied by an individual tenant. Net Livable Area
shall not include uninhabitable basements, mechanical areas, stairs, unconditioned
,storage accessible only from the exterior, ,garages, carports, patios, decks, ,porches_ or „--
similar spaces.
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: ,tmi ell,.
Deleted: cinachcd of unanached).
K xce Lions or Ener E uiene . The Community Develo ment Director ma LDeleted: and
approve exceptions to restrictions on Floor Area, Setbacks, Height, or Measurement of Formatted: Justified
Demolition to accommodate the addition of energy production systems or energy Formatted: Font: Bold, Italic
efficiency systems or equipment in or on existing buildings when no other practical Formatted: Font: Bold, Italic
solution exists. The Community Development Director must first determine that the Formatted: Font: Bold, Italic
visual impact of the exemption is minimal and that no other reasonable way to implement
energy production or efficiency exists. Approval shall be in the form of a recordable
administrative decision.
L Exce lions or Buildin Code Col liance The Communi Develo ment Formatted: Font: Bold, Italic
Director may approve exceptions to restrictions on Floor Area, Setbacks, Height,or Formatted: Font: Bold, lta:c
Measurement of Demolition to accommodate improvements required to achieve Formatted: Font: Bold, Italic
compliance with building, fire, or accessibility codes in or on existing buildings when no
other practical solution exists. The Community Development Director must first Formatted: Right: 0.25"
16--
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
administrative decision.
M Anneu/s. An applicant aQarieved by a decision made by the Community. Formatted: Justified
Development Director regarding this Calculations and Measurements Section may appeal Formatted: Font: Bold, Italic
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316. FormaAted; Bullets and Numbering
Section 2•
A public hearing on the Resolution was held on the 151 and 15B' days of June, 2010, at 4:30
p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where more than
fifteen (15) 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 day of , 2010.
Attest:
City Clerk
Approved as to form:
City Attorney
Stan Gibbs, Chair
Formatted: Right: 0.25"
17-'
a
Chapter 26.575 h t
MISCELLANEOUS SUPPLEMENTAL REGULATIONS :
Sections:
26.575.010 General.
26.575.020 Calculations and measurements.
26.575.030 Public Amenity
26.575.040 Yards.
26.575.045 Junk Yard and Service Yards.
26.575.050 Fences.
26.575.060 Utility/trash service areas.
26.575.070 Use square footage limitations.
26.575.080 Child care center.
26.575.090 Home occupations.
26.575.100 Landscape maintenance.
26.575.110 Building envelopes.
26.575.120 Satellite dish antennas.
26.575.130 Wireless Telecommunication Services Facilities and Equipment
26.575.140 Accessory uses and accessory structures.
26.575.150 Outdoor Lighting.
26.575.160 Dormitory.
26.575.170 Fuel storage tanks
26.575.180 Restaurant.
26.575.190 Farmers' market.
26.575.200 _ Group -Homes.
26.575.210 Lodge Occupancy Auditing
26.575.010 General.
Regulations specified in other sections of this Title shall be subject to the following supplemental
regulations.
26.575.020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for cal-
culating and measuring certain enumerated terms as used in this Title. The definitions of the terms
are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following
applies:
City of Aspen Land Use Code. August, 2007.
Part 500, Page 59
l . General. In measuring floor area for the purposes of calculating floor area ratio and al-
lowable floor area, there shall be included that floor area within the surrounding exterior
walls (measured from their exterior surface) of a building, or portion thereof. When meas-
uring from exterior walls, the veneer and all exterior treatments shall be included. When
calculating areas with stairs, each floor -to -floor staircase is counted only once.
2. Decks Balconies Porches Loggias and Stairways. The calculation of the floor area of
a building or a portion thereof shall not include decks, balconies, exterior stairways, gaze-
bos, and similar features, unless the area of these features is greater than fifteen (15) percent
of the maximum allowable floor area of the building (the excess of the 15% shall be in-
cluded). Porches and landscape terraces shall not be counted towards FAR.
3. Garages Carports and Storage Areas. In all zone districts except the R-15-B zone district,
for the purpose of calculating floor area ratio and allowable floor area for a lot whose prin-
cipal use is residential, garages, carports, and storage areas shall be excluded up to a maxi-
mum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and
storage areas between two hundred fifty (250) and five hundred (500) square feet shall count
fifty (50) percent towards allowable floor area; all garage, carport and storage areas in ex-
cess of five hundred (500) square feet per dwelling unit shall be included as part of the resi-
dential 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 ex-
cluded from floor area calculations up to two hundred fifty (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 (50) percent towards
allowable floor area. For the purposes of determining the exclusion, if any, applicable to ga-
rages, carports, and storage areas, the area of all structures on a parcel shall be aggregated.
For garages that are part of a basement, the garage exemption is taken from the total below
grade area before the sub -grade calculation takes place. In the R-1B zone district, garage,
carport, and storage areas shall be limited to a five hundred (500) square foot exemption
4. Subgrade areas. To determine the portion of subgrade areas that are to be included in calcu-
lating floor area, the following shall apply:
a. For any story that'is partially above and partially below natural or finished grade, which-
ever 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.
(Example: If fifteen (15) percent of the exterior surface wall area has been exposed
above natural or finished grade (whichever is lower), then fifteen (15) percent of the
gross square footage of the subject story will be included as floor area.)
City of Aspen Land Use Code. August, 2007.
Part 500, Page 60
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 or carport shall only be eligible for the
exclusions described in sub -section a if it is located along said alley or road.
C. In the R-15B zone district only, garages, carports, and storage areas shall be ex-
cluded from residential floor area calculations up to a maximum of five hundred (500)
square feet per dwelling unit.
5. (Repealed by Ord. No. 56-2000, § 8)
6. 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 par-
cel 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 (100) percent 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 As-
pen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from
the calculation of Floor Area, up to a maximum exemption of 1,200 square feet per
parcel.
7. Affordable Housing Bonus. The Floor Area of a parcel containing a single-
family 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
lesser than fifty (50) percent of the Floor Area of the associated ADU or Carriage
House up to a maximum bonus of six -hundred (600) square feet per parcel.
8. Linked Pavilion. Any element linking the principal structure to an accessory
structure shall not be included in the calculation of floor area provided that the linking
structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long.
Areas of linking structures in excess of ten feet in length shall be counted in floor area.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 61
9. 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 -
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. of non -unit floor area
= 9,000' sq. ft. total floor area
Then, the total unit floor area in the building would be 8,000 sq. ft. floor area. Using
the Allocation of Non -Unit Space standard, the uses account for the following per-
centages of the total unit floor area:
commercial floor area = 25%
free-market residential floor area = 50%
affordable housing floor area = 25%
Therefore, the 1,000 sq. ft. of non -unit 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)
B. Building Heights.
1. Methods of Measurement for Varying Types of Roofs.
In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC),
and Service/Commercial/Industrial (SCI) Zone Districts, the height of the building shall be the
maximum 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
be measured as follows:
City of Aspen Land Use Code. August, 2007.
Part 500, Page 62
a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall
be the maximum distance measured vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope
of less than 3:12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to the mean height between the eave point and ridge of a gable, hip, gambrel
or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched
roof shall not extend over five feet above the maximum height limit.
C. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater, height
shall be measured vertically from the natural or finished grade, whichever is lower,
to a point one-third (1/3) of the distance up from the eave point to the ridge. There
shall be no limit on the height of the ridge. Chimneys and other appurtenances may
extend up to a maximum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or
similar structures shall not extend over ten (10) feet above the specified maximum
height limit, except for roofs with a pitch of 8:12 or greater, these elements may not
extend more than two (2) feet above the ridge. Water towers, solar panels, and me-
chanical equipment shall not extend over five (5) feet above the specified maximum
height limit. Church spires, bell towers and like architectural projections, as well as
flag poles, may extend over the specified maximum height limit.
2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street fac-
ing) facade may extend for the first thirty (30) feet of the building's depth.
3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell 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 sides to within eighteen (18) inches of the first floor level shall not
be counted towards maximum permissible height.
C. Lot Area. Except in the R15-B zone district, when calculating floor area ratio, lot areas shall
include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of
20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be ex-
cluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed
25%.
Also excluded from total lot area for the purpose of floor area calculations in all zone districts 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 right-of-way or surface easement. Lot area shall include
any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irri-
gation ditch, or any lands subject to an above ground or below ground surface easement such as
City of Aspen Land Use Code. August, 2007.
Part 500, Page 63
utilities that do not coincide with road easements. When calculating density, lot area shall have the
same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of
greater than 20% slope.
D. Site Coverage. Site coverage is typically expressed as a percentage. When calculating site cov-
erage of a structure or building, the exterior walls of the structure or building at ground level should
be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features
extending directly over grade shall be excluded from maximum allowable site coverage calcula-
tions.
E. Measurement of Demolition. The City Zoning Officer shall determine if a building is in-
tended 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.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in ad-
dition 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 asso-
ciated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof
involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as re-
moved. 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 integ-
rity, 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 exte-
rior 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 of Demolition, Section
City of Aspen Land Use Code. August, 2007.
Part 500, Page 64
26.104.100. 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 require-
ment 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. 55-2000, § 14; Ord. No. 56-2000, §§ 5, 6, 8; Ord. No. 25-2001,
§§ 6, 7; Ord. No. 46-2001, § 4; Ord. No. 55, 2003§4)
Z
lic Amenity
The City of Aspen seeks a vit , pleasant downtown Public environment. blic
utes to an attractive co �cial and lodging district by creating public ces and
ve to an exciting pede an shopping and entertainment atmosphere ublic amen-
ity can take the form of physica operational improvements to public righ of -way or private
property within these districts ublic Amenity provided on the subject development site is referred
to as On -Site Public Ame ' in this section. /
B. A licabi ' and Requirement. The requirements is Section shall apply to the devel-
PP 4
opment of al mmercial, lodging, and mixed -use dev pment within the CC, C1, MU, NC, SCI,
L, CL, L nd LO Zone Districts This area repres s Aspen's primary pedestrian -oriented dower
town, well as important mixed -use, service d lodging neighborhoods.
Wrwenty-five (25) percent of each p within the applicable area shall be ided as Public
AmenZane
redevelopment of cels on which less than this twenty-fiv 5) percent currently
existsting (prior to r velopment) percentage shall be the a tive requirement provided
no lesn (10) perc is required. A reduction in the requ' public amenity may be allowed
as prSectio 6.575.030 D., Reduction of Req ' ent. Exempt from these provisions
shall op t consisting entirely of residents ses. Also exempt from these provisions
shall velopment of parcels where no o ite Public amenity currently exists, provided the
redevt is limited to replacing the b ing in its same dimensions as measured by foo ' t,
heiahor area.
C. Provision of Public AptAhity. The Planning and Zoning Commis ' or Historic Preserva-
tion Commission, pursuagpro the review procedures and criteria of ction 26.412 — Commercial
Design Review, shal termine the appropriate method or co nation of methods for providing
this required am One or more of the following met may be used such that the stared is
reached.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 65
Mobile home park. A parcel or area of land upon which two (2) or more mobile homes, occupied
or intended to be occupied for a dwelling, are located for any period of time, regardless of whether or
not a charge is made for such accommodations, and whether or not the mobile homes and/or land are
owned by the occupants.
Monopole: A wireless communication facility which consists of a monopolar structure, erected
to support wireless telecommunication antennas and connecting appurtenances.
Motel. Same as "Hotel."
Neighborhood. The area adjacent to or surrounding existing or proposed development character-
ized by common use or uses, density, style and age of structures and environmental characteristics.
Neighborhood Cafe: A commercial eating and drinking establishment where food is prepared and
served for consumption on or off premises, limited to no more than 1,500 net leasable square feet and
no limitation on outdoor seating and which may provide music or other performances and entertain-
ment incidental to the primary use.
Neighborhood Commercial Uses: Commercial establishments engaged in the selling or renting
of consumer goods and merchandise to the general public and the rendering of services incidental to the
sale or rental of such products. Neighborhood Commercial shall include Retail Uses (with the excep-
tion of Restaurants and Nightclub and Bar), post office branch, Artist Studio, Commercial Kitchen,
Bakery, Food Market, Neighborhood Cafe, broadcasting facility, movie theaters, and the sale or rental
of Motorcycles, Motor -drive cycles, and Motorized bicycles as defined by Section 42-1-102 C.R.S,
non -motorized vehicles such as bicycles, clothing, sporting goods, jewelry, books, videos, prescription
drugs, liquor, hardware, furniture, and art, and similar uses and activities.
Net leasable commercial and office space. Those areas within a commercial or office building
Xrjowhich are, or which are designed to be, leased to a tenant and occupied for commercial or office pur-
poses, exclusive of any area including, but not necessarily limited to, areas dedicated to bathrooms,
stairways, circulation corridors, mechanical areas and storage areas provided, however, that these areas
are used solely by tenants on the site.
Net livable area. The area available within a building for habitation and human activity measured
44_.4from interior wall to interior wall, including interior partitions, and inclusive of, but not limited to, hab-
itable basements and interior storage areas, closets, and laundry areas; but excluding uninhabitable
basements, mechanical areas, exterior storage, stairwells, garages (attached or unattached), patios,
decks, and porches.
Nightclub and Bar: A commercial establishment engaged in the sale or dispensing of liquor by
the drink for on -site consumption in which the preparation and serving of food ma_y be available and
where music, dancing or other entertainment may be provided or conducted.
City of Aspen Land Use Code. August, 2007
Part 100, Page 24
P1
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Chris Bendon, Community Development Director
RE: Land Use Code Amendments — Calculations and Measurements
Resolution No. _, Series 2010 — Public Hearing
DATE: June 1, 2010
SUMMARY:
The City of Aspen Community Development Department has initiated amendments to the Aspen
Land Use Code section for Calculations and Measurements. Attached, please find a first draft of
amendments to this section. Staff would like to provide a general overview and gain some P&Z
comments in order to prepare a next draft. Staff recommends continuation of this item to June
15th after the discussion.
EXHIBITS:
A — Amended text
B — Existing text
P2
26.575.020. Calculations and measurements. _
_9 Purpose. This section sets forth methods for measuring floor area, height. setbacks, and Deleted: The purpose ofthis Section is
other dimensional aspects of development and describes certain allowances requirements and tosetforthsupplementa!regulations
which relate to methods jor calculating
other prescriptions for a range of structural components, such as porches, balconies, garages, and measuring certain enumerated
chimnevs mechanical equipment. proiections into vards etc. The definitions of the terms are terms as used in this Title. Ae
definitions of the terms are set forth at
set forth at Section 26.104.100. Section 2aloa.loo.1
Formatted: Font: Bold, Italic
B Limitations.,The prescribed dimensional requirements and specific allowances and Formatted: Font: Bold
limitations such as height setback; etc.of distinct structural components shall not be Formatted: Tabs: 0.25 Left
aiuregated or combined in a manner that extends beyond the dimensional limitations of l Formatted: Font: Not Italic
any distinct allowance of an individual structural component or in a manner that; reates _ Formatted: Font: Not Italic
or extends the specific nature of a non -conforming structure. For example, if a deck is Formatted: Font: Not Italic
permitted to be developed within five feet of a property boundary and a garage must be a
minimum often feet from the same property boundary, a garage with a deck on top of it
may not be developed any closer than ten feet from the property boundary or otherwise
produce an agtregated structural component that extends beyond the setback limit of a
g,af rage.
Non -conforming aspects of a property or structure are limited to the specific nature of the
non -conformity Specific non -conforming aspects of a property cannot be converted or
exchanged in a manner that creates or extends a different specific non -conforming aspect
of a property. For example a property that exceeds the allowable floor area and contains
deck area that exceeds the amount which may be exempted from floor area cannot
convert deck space to additional interior space.
_C Measuring Lot Area and Slope Reduction. The method for calculating a parcel's Lot
Area for the purpose of determining allowable Floor Area allowable Floor Area Ratio
and allowable density of a parcel shall be as follows:
Percent of parcel to be
Percent of parcel to be
included in Lot Area to
included in Lot Area to
determine allowable Floor
determine allowable Density
Area
Areas of a parcel with 0% to
100%
100% `
20% slope
Areas of a parcel with more
For properties in the R-15B
100%
than 20% and up to 30% slope
Zone — 100%
For all other properties —
50%.
Areas of a parcel with more
For properties in the R-15B
100%
than 30% slope
Zone — 100%
Formatted Table
Formatted: Centered
Formatted: Centered
Formatted: Centered I
Formatted: Centered
Formatted: Right: 0.25"
P3
For all other properties - 0%.
Areas below the hich water
0%
0% -
line of a river or bodv of
water.
Areas dedicated to the City or
100%
100% `
County for open space or a
public trail.
Areas within an existiM
0%
—
0%
proposed, dedicated, or
vacated public or private
vehicular right-of-way or
vehicular easement, including
emergency access easements.
Areas of a property subject to
100%
100%
above ground or below
ground surface easements
such as utilities or an
irrigation ditch that do not
coincide with vehicular
easements.
Formatted: Centered
Formatted: Centered
Formatted: Centered
Formatted: Centered
Notes:
l . The Community Development Director may accept an estimation of pre-- ------
Formatted: Bullets and Numbering
development topography prepared by 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. The maximum total reduction in FAR attributable to slope reduction for a given
site shall not exceed twenty-five percent (25%).
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
_
dependant on the shared driveway to_gain access.
De�eted:A
Deleted: a
Deleted: floor area
. Measurin Floor dea. In measuring floor areas for floor area ratio and allowable r' ;-;
------------------------
Deleted: that
floor area, the following applies:
Deleted' floor
1. General. In measurin building for the purposes of calculating floor area ratio `-'' -'
g-r.T..--- 1� �.
Deleted: (measwedfromtheirexterior
surface)
----------
and allowable floor area, there shall be included all within the surrounding��
_,areas
exterior walls of building or portion thereof. When measuring from the exterior �'- "
�: a
walls, the measurement shall be taken from the surface of the exterior sheathing.
Deleted:
Y,e peer and all exterior treatments shall be -excluded from the calculation of Floor,,:'• '"
Deleted: included
Area (Also, see provisions for setbacks - ***).
Deleted: .
Formatted: Right: 0.25"
2-�
P4
2. Vertical circulation. When calculating areas with stairs or an elevator
connecting separate levels of a structure, the element shall be counted on every ---- Deleted: each floor -to -floor staircase is
- flog. which is connected by the element. For elevators counted only once.
each stop of the elevator shall be ----
counted as if it were a solid floor.
3 Attic Space Unfinished and uninhabitable space between the ceiling Joists and
roof rafters which is accessible only as a matter of necessity but not routine is exempt
from the calculation of Floor Area Ratio and allowable Floor Area. For example, a
"hung" or "false" ceiling shall be exempt. If any portion of the attic level of a
structure is habitable then the entire level shall be included in the calculation of Floor
Area Ratio and allowable Floor Area For example under roof wing space along the
edges of a sleeping loft within a roof vault shall be counted as Floor Area.
4. Decks, Wlconies 4Rgias and Exterior Slairways. The calculation of the floor,_.---
area of a building or a portion thereof shall not include decks, balconies, exterior
stairways, gazebos and similar features, unless the area of these features is greater
than fifteen percent (15%) of the maximum allowable floor area Ar the _rroper_ . If
the area of these features exceeds fifteen percent (15%) of the property's maximum,:.
allowable Floor Area only the areas in excess of the fifteen percent (15%) shall be
attributed towards the maximum allowable Floor Area for the property. The area of
these features shall be the maximum footprint of the feature including railings, fixed
seating, planter boxes overhangs and similar structural components of the feature.
Deleted: 2
Deleted: b
Deleted: porches.
Deleted: I
Deleted: � _
Deleted: of
Deleted: building s
Deleted: (the excess of the fifteen
percent t15%] shall be included).
5. Porches. Porches on Street -facing facade(s) of a structure within thirty (30)
inches of the ground level shall not be count-ed towards 41lowable Floor Area. - Deleted: and landscaped terraces
--------- ----- - -- ---- =
Otherwise ributed these elements shall be attributed to Floor Area as a Deck. Deleted: FAR
# Patios and Landscape Terraces Patios and Landscape Terraces within thirty (30)
inches of the ground level shall not be counted towards allowable Floor Area.
k. Garages and carport, In all zone districts except the R-] 5,B Zone District, for the --.- Deleted: q
purpose of calculating floor area ratio and allowable floor area for a single -Family or' s
Duplex structure, garages anc_ orts hall be excluded as follows: Dew`
p g -�- �- +s -
Sire of Garage or Curport
Area excluded per chvelling unit
First 0 to 250 square feet
100% of the area
Next 25 l to 500 square feet
50% of the area
Areas above 500 square feet
No area excluded.
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
3
�;. Deleted: and storage areas
Deleted:
Deleted: a lot whose principal use is
residential
Deleted•,
Deleted: and storage areas
Formatted: Right: 0.25" —�
P5
road does not abut the property, the garage or carport area shall be excluded from
floor area calculations as described in the table above.
,For -garages that are part of a s�ubgrade area, the garage exemption is taken from the
totals oss below -grade area before the subgrade calculation takes place. [need math
example]
In the R-15B Zone District garage and carport areas shall be excluded up to a
maximum five -hundred -square -foot exemption total for the property.
For all multi-famiy, commercial lodging, and mixed -use buildings, the garage and
carport area shall be attributed towards Floor Area and Floor Area Ratio with no
exchtcinn
------------ ------ — - ---------------• ------
7. 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.
For the purposes of this section, the wall area shall not include exterior wall
area associated with structural components of the foundation or floors of the
structure. fgrapbicA
Deleted: up to a maximum area of two
hundred fifty (250) square feet per
dwelling unit, 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; all garage, carport
and storage areas in excess of five
hundred (500) square feet per dwelling
unit shall be included as part 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 hundred fifty
(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 determining 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-I B Zone District,
garage, carport and storage areas shall be
limited to a five -hundred -square -foot
exemption.
Deleted: 4
Formatted: Indent: First line: 0"
(Example: If fifteen -percent (15%) of the exterior surface wall area hasbeen - Deleted: J
- - - -----------------------------------
exposed above natural or finished grade (whichever is lower), then fifteen
percent (15%) of the gross square footage of the subject story will be included
as floor area.)
Accesso Dwellin Units and Carria -e Houses. An accesso dwelling unit or
' ry g f ___o--------------g--------------
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 (100%) 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.
�. Affordable Housing Bonus. The floor area of a parcel containing a single-family
or duplex residence and a permanently affordable "for sale" ADU or carriage house
4
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 or 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 (500) square feet per dwelling
unit.¶
5.. (Repealed by Ord. No. 56-2000, §8)¶
6
Deleted:7 ^�
Formatted: Right: 0.25"
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.
10 Sheds Storage Units and similar Accessory Structures. Sheds, storage units,
greenhouses and similar accessory structures (both habitable an inhabitable) shall be
included in the calculation of Floor Area.
11. 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 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 floor area requirements and shall comply with zone
district requirements for Utility/Trash/Recycle areas.
Enclosures shall be located adjacent to the alley where an alley borders the property
and shall not be located in a public right -of --way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non -historic structures.
�2. 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 -
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 nommit space
standard, the uses account for the following percentages of the total unit
floor area:
Deleted: 8. - Linked Pavilion. Any
element linking the principal structure to
an accessory structure shall not be
included in the calculation of floor area,
provided that the linking structure is no
more than one (1) story tall, six (6) feet
wide and ten (10) feet long. Areas of
linking structures in excess often (10)
feet in length shall be counted in floor
area.¶
9
Formatted: Right: 0.25"
P7
commercial floor area = 25%
free-market residential floor area = 50%
affordable housing floor area = 25%
Therefore, the one thousand (1,000) square feet of non -unit 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. Nleasurina Setbacks.
1. General. Required setbacks shall be unoccupied and unobstructed within an area . _---j Formatted: Font: Italic, Underline
extending_horizontally from the parcel boundary to the setback line and vertical] above
and below grade, excepting 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. f graphic]
�. Determining Front, Rear, and Side Yards. The front yard setback shall be measured Formatted: Font: Italic, 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 right-of-way_ There shall not be more than one front
lot line. For corner 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.
ra hic
For comer 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 curve lots shall be treated as a double corner lot with the center third (1/3) 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. [graphic]
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. [graphic]
"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
line.
Formatted: Right:
6
T
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 foret;oing_text does not provide definitive clarity by issuance of a recordable
administrative determination.
Determining required xard setbacks adiacent to private streets or rights -of -way. Along
private streets where the lot extends into the right-of-way or street easement, the required
vard setback shall equal the minimum distance specified under the zone district
reSlulations alone; the closest boundary of the right-of-way to the proposed structure.
When a property's lot line does not extend into the rieht-of-wav, 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.
---------- --- --- --------- --- -
---------- -----------------
Figure 575.1 Required Setback From a Private Road or Right -of --Way
-t Combined Yards Where zoning_ provisions require a combined setback (either front -
rear or side -side) the setbacks shall be consistent. along the affected parcel boundaries.
era hic
L_ Allowed Projections into Setbacks Setback areas shall be unobstructed above and
below ground except for the following allowed proiections:
7-
Formatted: Font: Not Bold
Formatted: Font: Not Bold
Formatted: Right: 0.25"
a. Above or below ground utilities including dry wells or other drainage
infrastructure.
b. Trees and vegetation.
,7. Flagpoles, mailboxes
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 ('/3) of the way between the required setback and the property line or four (4)
feet This projection 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 existing building, as ma by e required by adopted Building or Fire Codes.
h. Uncovered porches landscape terraces, slabs, patios, walks, landscape walls,
berms retaining walls steps and similar structures which do not exceed thirty
(30) inches vertically above or below natural grade or finished grade, whichever
is more restrictive. Improvements may be up to thirty (30) inches above and
below grade simultaneously. jgraphicl 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 egress.
i Fences and hedges less than forty-two (42) inches in height as measured from
finished grade are permitted in all required yard setbacks. Fences and hedges up
to six (6) feet in height as measured from finished grade are permitted in areas
entirely recessed behind any facade of a structure facing a Street. (graphicl (See
Supl2lementary Regulations — Section 26.575.050, Fences.)
j. Driveways not exceeding twenty-four (24) inches above or below natural grade
within any setback of a yard facing a Street. Within all other required setbacks,
finished grade of a driveway shall not exceed thirty (30) inches above or below
natural grade Parking is only permitted within required setbacks if it is in an
approved driveway or other area approved for parking.
# Non -permanent outdoor seating such as movable patio furniture or a picnic tam
grills which are not affixed to the ground and similar non -permanent features.
k Hot tubs spas and permanently affixed outdoor grills furniture, seating areas,
and similar penmanent structures shall be prohibited in all yards facing a Street.
These elements may be placed within non -street facing vards but shall not exceed .Formatted: Right: 0.25•
8
p10
thirty (30) inches above or below finished grade. These features may be up to
thirty (30) inches above and below finished grade simultaneously.
I Heating and air conditioning equipment and similar mechanical equipment shall
be prohibited in all vards facing a Street. Mechanical equipment may be placed
within non -street facing yards but shall not exceed thirty (30) inches above or
below finished grade. These features may be up to thirty (30) inches above and
below finished grade simultaneously.
m. "The height and placement of energy production systems located 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.
n. Wildlife -resistant dumpster enclosures located in residential zone districts shall be -
prohibited in all yards facing a Street. These facilities maybe placed within non -
street facing yards if the enclosure is the minimum reasonably necessary to
enclose the trash receptacles 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 vards facing a
Street is allowed.
Enclosures shall be located adjacent to the alley where an alley borders the
property and shall not be located in a public right-of-way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut or
be attached to an historic structure. Enclosures may abut other non -historic
structures.
_F. Meusuring Building f.eights.
1. General. In measuring a building for the compliance with height restrictions, the -
measurement shall be taken vertically from the lower of natural or, finished grade
at all points where the exterior of the building meets the ground. The
measurement shall be taken from the surface of the exterior sheathing, excluding
all veneer and exterior treatments. For the purposes of measuring height within
the footprint of a building, these points shall be projected vertically to the
maximum allowed height and then interpolated from side to side to establish a
two dimensional plane representing the maximum height.
2. For orooerties in the Commercial Core (CC), Commercial (Cl), Commercial -
Lodge (CL) Neiehborhood Commercial (NC) and Service Commercial Industrial
(SCI) Zone Districts the height of the building shall be the maximum distance
measured vertically, as described above, to the top, ridge or parapet of the
structure inclusive of all roof sheathing, materials, veneer and the like.
M
Formatted: Indent: Left: 0.25",
Hanging: 0.25"
Deleted: B
Deleted: h
Formatted: Bullets and Numbering
Deleted: 1.
Formatted: Indent: Left: 0.25"
Formatted: Bullets and Numbering
Formatted: Right: 0.25"
P11
-
3 For properties in all other Zone Districts the height of the building shall be- """
Formatted: Bullets and Numbering
Deleted: <#>Methods of measurement
for varying tvnesofroofa. 9
In the Commercial Core (CC),
Commercial Lodge (CL), Neighborhood
Commercial (NC) and
Service/Commercial/Industrial (S/C/I)
Zone Districts, the height of the building
shall be the maximum distance measured
vertically from the natural or finishedgrade, whichever is lower, to the top,
ridge or parapet ofthe structure. For
structures in all other Zone Districts, the
height shall be measured as follows:
according to the type of roof as follows:
---------------------------------•----------------------------------------------- --- --------------------------
a. _Flat roofs or roofs with a slope of less than 3:12. The height of the building
shall be the maximum distance measured vertically from the ground, as
described above, to the top or ridge of the roofs measured to the surface of
."-" -. - "
w
the exterior sheathing or eatherproofing membrane of the roof but ;,
excluding exterior surface treatments such as shakes, shingles, or other
veneer treatments or ornamentation such as a widow's walk_ a hic ?,'.
--------,
b. Roofs with a slope from 3:12 to 7:12. For roofs with a slope from 3:12 to '�, `;
7:12, height shall be measured vertically from the ground, as described
above, $o the mean hei ht between the eave point and ridge as measured to `, ',
g----------
the surface of the exterior sheathing or weatherproofing membrane of the '`,
Deleted: from the natural or finished
grade, whichever is lower
Deleted: a
Deleted: flat
roof but excluding exterior surface treatments such its shakes, shingles, or ` '`,
Deleted: ,
other veneer treatments or ornamentation such as a widow's walk . The ride
g---
Deleted: mansard or other roof with a
than 3 12
slope of less n
---'' ,
of he roof shall not extend ore than five 5) feet above the maximum `•,
--•-------------------- - •--•-(-------------------------------------
hei ht limit. � ••.,
g
c. _Roos with a sloe eater than :1 For roofs with a slo�e of 7:12 or
f 1� -•-.,,�--------------•----------- -------------- -'— —
greater, height shall be measured vertically from the ground, as described fir. ,
6
above o a point_ one-third (1/3) of the distance up from the eave point to the ,,, ',
- - -
ridge as measured to the surface of the exterior sheathing or weatherproofing
Deleted: from the natural or finished
grade, whichever is lower,
Deleted: of a gable, hip, gambrel or
other similar pitched roof
Deleted: a gable, hip, gambrel or other
patched
Deleted: over
membrane of the roof but excluding exterior surface treatments such as '`. ;•%,
Deleted: of
shakes shingles or other veneer treatments or ornamentation such as a
Deleted` a
widow's walk. There shall be no limit on the height of the ridge.
d For roofs with multiple pitches within one vertical plane the height of the roof %
Deleted: or greater
Deleted: g
shall be measured as if the shallower
e For barrel -vault roofs height shall be measured using the methodology for
Deleted: the natural or finished grade,
whichever is lower,
Deleted: Chimneys and other
appurtenances may extend up to a t
roof with a 3:12 to 7:12 etch and by drawing a line between the top -most
point of the roof and the lowest point of each eave. -
f Dormers shall be excluded from the calculation of height if the total footprint
Formatted z
Deleted, d. .
Deleted: antennas
of the dormers is 50% or less of the total roof area. Otherwise, dormers shall
be calculated according to the method described above.
;; ;•; ;
--------------=; :/.
4. Allowed Exceptions to Height Limitations - """,
a'
himneys, ues nd similar �tilit�a r ap ratus. C�limneys, flues,_ vents d y I,;',
imilar till atuhall not tend ore than ten 10 feet above the
r5 �_ _pparas sextend -�-� - -
height of the building at the point the device connects or more than ten (10)
Deleted: other
Deleted: appurtenances
Deleted: Antennas,
Deleted: c
Deleted: or
Deleted: structures
Deleted: over
Deleted: ,except
feet above the specified maximum height limi" roofs with a pitch of ---`
8:12 or greater, these elements may not extend more than two (2) feet above
the ridge, -
.
10-'
Deleted` f
Deleted: .
Formatted: Right: 0.25"
P12
Communications Equipment. Antennas, satellite dishes, and similar
communications equipment and devices shall comply with [telecom section]
b. Elevator Enclosures. Elevator enclosures and stair enclosures providing; roof
access shall not extend more than ten (10) feet above the specified maximum
height limit. Elevator overruns which do not provide roof access shall not
extend more than five (5) feet above the specified maximum height limit.
c Rooftop Railings Rooftop railings parapet walls and similar safety devices
permitting; rooftop access shall not extend more than five (5) feet above the
height of the building at the point the railing connects. Railines and the like
may extend above the specified maximum height by that amount necessary to
provide adequate safety and building code compliance if the railinz is more
than 50% transparent.
d. Mechanical Equipment. Heating ventilation, and air conditioning: systems,
energy production systems including polar panels, and similar mechanical
------------
.-.- Deleted: Watertowers,
equipment located on top of a building* shall not extend more than five (5) .-"
- Deleted:
_
feet above height of the building at the point the equipment is attached or
Deleted: over
more than five (5) feet above the specified maximum height limit. The
Community Development Director may approve exceptions to this restriction
to accommodate energy production or efficiency systems or equipment if no
other practical solution exists. The height and placement of energy
production systems which are not located on top of a building shall be
Formatted: Indent: Left: 0.5"
Formatted: F
established by the Planning and Zoning Commission pursuant to the
Deleted:3..
procedures and criteria of Chapter 26.430 - Special Review.
Deleted: G .Lot area. Except in the
R-15B Zone District, when calculating
e_Church spires, bell towers and like architectural projections, as well as flag
;;: floor area ratio, lot areas shall includeonly areas with a slope of less than
poles, may extend over the specified maximum height limit.
twenty percent (20%). In addition, half
(.50) of lot areas with a slope of twenty to
_ Exceptions for buildings on slopes. The maximum height of a but ----- -front-'r'
thirry percent (20-30%) may be counted
j towards floor area ratio; areas with slopes
(street -facing) facade may extend for the first thirty (30) feet of the building's
of greater than thirty percent (30%) shall
depth.
be excluded. The total reduction in FAR
p
attributable to slope reduction for a given
site shall not exceed twenty-five percent
g. for li_ghtwells. Exceptions for areaways, light wells and basem_ ent;'
(25%)•J
,exceptions
stairwells. An areaway, light well or basement stairwell of less than one
�
Also excluded from total lot area for the
purpose of floor area calculations in all
hundred (100) square feet, entirely recessed behind the vertical plane
zone districts is that area beneath the high
established by the portion of the building facade which is closest to the street
Water line of a body of water and that
area within a vacated right-of-way or
and enclosed on all four (4) sides to within eighteen (18) inches of the first
within an existing or proposed dedicated
floor level shall not be counted towards maximum permissible height.
area shaway or surface easement. Lot
area shall include any lands dedicated to
the City or County for the public trail
;
system, any open irrigation ditch or any
c - ""-"-""--"--"------"-'----"----"""--
lands subject to an above ground or
f. Measuring Site covers e. Site covers a is typically ex ressed as a percentage.
--------------------------------- - ---- p---_se------a-------.-- ---,
below ground surface easement such as
utilities that do not coincide with road
When calculating site coverage of a structure or building, the exterior walls of the ',
easements. When calculating density, lot
structure or building at ground level should be used. When measuring g to the exterior
area shall have the same exclusions and
inclusions as for calculating floor area
walls the measurement shall be taken from the exterior surface of the sheathing. Veneer
ratio except for exclusion of areas of
and all exterior treatments shall be excluded from the calculation of site coverage.
greater than twenty percent (20%) slope.
Porches, roofs or balcony overhangs, cantilevered building elements and similar features
Deletes: n
Formatted: Right: 0.25"
11�
P13
extending directly over grade shall be excluded from maximum allowable site coverage
calculations.
,E Measurement of &moHfion._ The City_ Zoning Officer shall determine if a building Deleted: e
is intended to be or has been, demolished by applying the following process of Deleted: J
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.
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. If 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 Formatted: Right: o.zs°
12="
P14
calculation of actual physical demolition. Additional requirements or restrictions of this
Title may result upon actual demolition.
(Ord. No. 44-1999, §7; Ord. No. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-
2001, §§6, 7; Ord. No. 46-2001, §4; Ord. No. 55, 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„pecupied for
- :,
commercial oses.
�� ----'--- ----------------------------------------------------------------------
shall include all interior space of a building measured from interior wall to interior wall,
including_ 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 refrigerators or
freezers changing rooms waiting rooms and similar space which may be leased to a
tenant. The calculation of Net Leasable Space shall excludeFommon areas of a building
not intended or designed to be leased to an individual tenant such as4ommon bathrooms,;;
common stairways, common circulation corridors, common mechanical areas, common
storage areas or similar common spaces not intended or designed to be leased to
individual tenant. --...-----__ ___-_________
. ------------------------------------------------ --- -
Permanently installed interior airlock maces are exempt from the calculation of
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks
installed on the exterior of a building shall be considered Net Leasable Area and shall be
required to provide affordable housing and other mitigation according to the proportion 1
of the year in which it is installed.
Unless specifically exempted through other provisions of this Title outdoor displays
outdoor vending vending machines and similar commercial activities located outside
(not within a building,) shall also be included in the calculation of Net Leasable Space.
The calculation of such area shall be the maximum footprint of the display 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.
Deleted: 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;Q
2.. Architectural projections — Eighteen
(18) inches;9
3.. Balconies not utilized as an exterior
passageway may extend the lesser of one-
third (%,) of the way between the required
setback and the property line or four (4)
feet.1
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.).3
Deleted: y
Deleted: leased to a tenant and
Deleted: or office
Formatted: Font: Italic
Formatted 4
Deleted: , exclusive of any
Deleted: including, but not necessarily
limited to, areas dedicated to
Deleted: and
Deleted: provided, however, that these
areas are used solely by tenants or —
Formatted: Indent: Left: 0", First
line: 0"
Idefinitionl Net livable area. The areasXithin a building which are, or which are--. Formatted: Indent: Left: 0.38",
------------- First line: 0"
designed to be, used for habitation and human activity,
Formatted: Indent: Hanging: 0.03"
easurement oL Net Livable Area The calculation of Net Livable Area shall-. Deleted; available
include all interior space measured from interior wall to interior wall, including interior - Formatted: Font: Italic
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one Formatted
unit, habitable basements, and storage areas, closets_ nd laundry areas accessible from Formatted: Font: Bold, Italic
the interior of a unit Net livable Area shall not include Fommon circulation areas, Deleted: interior
common lobbies common stairwells common elevator corridors, or similar common
spaces not intended or designed to be occupied by an individual tenant. Net Livable Area Deletes: ;but excluding
Formatted: Right: 0.25"
13-
P15
shall not include uninhabitable basements, mechanical areas, stairs, unconditioned
storage accessible only from the exterior, ,garages, par�orts, patios, decks, porches or -.-.-
similar spaces.
1 Exemptions for Energy Efficiency. The Community Development Director mav,•,
approve exceptions to restrictions on Floor Area Setbacks Height, and Measurement of
Demolition to accommodate the addition of energy production or efficiency systems or
equipment 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 energy production
or efficiency exists Approval shall be in the form of a recordable administrative decision.
J. Exemptions ,(or Building Code Compliance The Communitv Development
Director may approve exceptions to restrictions on Floor Area, Setbacks, Height, and
Measurement of Demolition to accommodate improvements required to achieve
compliance with building fire or accessibility codes 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
administrative decision.
Deleted: exterior
Deleted: stairwells,
Deleted: (attached or unattached),
Deleted: and
Formatted: Font: Bold, Italic
Formatted: Font: Bold, Italic
Formatted: Justified
Formatted: Font: Bold, Italic
Formatted: Font: Bold, Italic
K. Appeals An applicant aggrieved by a decision made by the Community . Formatted: Font: Bold, Italic
Development Director regarding this Calculations and Measurements Section may appeal Formatted: Justified
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316.
Formatted: Right: 0.25"
14-
21.1
Page 10: [1] Deleted chrisb 4/9/201011:54:00 AM
Chimneys and other appurtenances may extend up to a maximum of two (2) feet
above the ridge.
Page 10: [2] Formatted chrisb 4/9/2010 3:15:00 PM
Indent: Hanging: 0.56", Tabs: 0.5", Left + 0.63", Left
Page 13: [3] Deleted chrlsb
26.575.040. Yards.
3/29/2010 4:17:00 PM
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;
3. 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.).
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 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
P17
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.
.................. I--- --------
--- - -------------- F . .... .....
.................. : . ...... ..... ........... i ...... ... .. I - --- ---- -------- --- ------
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 (2/3) of the required front yard setback 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)
MH
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)
Page 13: [4] Formatted chrisb 5/4/2010 2:45:00 PM
Indent: Left: 0", First line: 0", Tabs: 0.5", Left + Not at 0.98"
Page 13: [5] Deleted chrisb 2/4/2010 4:45:00 PM
provided, however, that these areas are used solely by tenants on the site.
Page 13: [6] Formatted chrisb 4/9/2010 3:21:00 PM
Indent: Left: 0", First line: 0", Tabs: 0.5", Left + Not at 0.98"
P19
a
Chapter 26.57 5
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010 General.
26.575.020 Calculations and measurements.
26.575.030 Public Amenity
26.575.040 Yards.
26.575.045 Junk Yard and Service Yards.
26.575.050 Fences.
26.575.060 Utility/trash service areas.
26.575.070 Use square footage limitations.
26.575.080 Child care center.
26.575.090 Home occupations.
26.575.100 Landscape maintenance.
26.575.110 Building envelopes.
26.575.120 Satellite dish antennas.
26.575.130 Wireless Telecommunication Services Facilities and Equipment
26.575.140 Accessory uses and accessory structures.
26.575.150 Outdoor Lighting.
26.575.160 Dormitory.
26.575.170 Fuel storage tanks
26.575.180 Restaurant.
26.575.190 Farmers' market.
26.575.200 Group Homes.
26.575.210 Lodge Occupancy Auditing
26.575.010 General.
Regulations specified in other sections of this Title shall be subject to the following supplemental
regulations.
26.575.020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for cal-
culating and measuring certain enumerated terms as used in this: Title. The definitions of the terms
are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following
applies:
City of Aspen Land Use Code. August, 2007.
Part 500, Page 59
P20
1. General. In measuring floor area for the purposes of calculating floor area ratio end al-
lowable floor area, there shall be included that floor area within the surrounding exterior
walls (measured from their exterior surface) of a building, or portion thereof. When meas-
uring from exterior walls, the veneer and all exterior treatments shall be included. When
calculating areas with stairs, each floor -to -floor staircase is counted only once.
2. Decks Balconies Porches Loggias and Stairways. The calculation of the floor area of
a building or a portion thereof shall not include decks, balconies, exterior stairways, gaze-
bos, and similar features, unless the area of these features is greater than fifteen (15) percent
of the maximum allowable floor area of the building (the excess of the 15% shall be in-
cluded). Porches and landscape terraces shall not be counted towards FAR.
3. Garages Carports and Storage Areas. In all zone districts except the R-15-B zone district,
for the purpose of calculating floor area ratio and allowable floor area for a lot whose prin-
cipal use is residential, garages, carports, and storage areas shall be excluded up to a maxi-
mum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and
storage areas between two hundred fifty (250) and five hundred (500) square feet shall count
fifty (50) percent towards allowable floor area; all garage, carport and storage areas in ex-
cess of five hundred (500) square feet per dwelling unit shall be included as part of the resi-
dential 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 ex-
cluded from floor area calculations up to two hundred fifty (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 (50) percent towards
allowable floor area. For the purposes of determining the exclusion, if any, applicable to ga-
rages, carports, and storage areas, the area of all structures on a parcel shall be aggregated.
For garages that are part of a basement, the garage exemption is taken from the total below
grade area before the sub -grade calculation takes place. In the R-lB zone district, garage,
carport, and storage areas shall be limited to a five hundred (500) square foot exemption
4. Subgrade areas. To determine the portion of subgrade areas that are to be included in calcu-
lating floor area, the following shall apply:
a. For any story that'is partially above and partially below natural or finished grade, which-
ever 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.
(Example: If fifteen (15) percent of the exterior surface wall area has been exposed
above natural or finished grade (whichever is lower), then fifteen (15) percent of the
gross square footage of the subject story will be included as floor area.)
City of Aspen Land Use Code. August, 2007.
Part 500, Page 60
P21
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 or carport shall only be eligible for the
exclusions described in sub -section a if it is located along said alley or road.
c. In the R-15B zone district only, garages, carports, and storage areas shall be ex-
cluded from residential floor area calculations up to a maximum of five hundred (500)
square feet per dwelling unit.
5. (Repealed by Ord. No. 56-2000, § 8)
6. 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 par-
cel 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 (100) percent 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 As-
pen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from
the calculation of Floor Area, up to a maximum exemption of 1,200 square feet per
parcel.
7. Affordable Housing Bonus. The Floor Area of a parcel containing a single-
family 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
lesser than fifty (50) percent of the Floor Area of the associated ADU or Carriage
House up to a maximum bonus of six -hundred (600) square feet per parcel.
8. Linked Pavilion. Any element linking the principal structure to an accessory
structure shall not be included in the calculation of floor area provided that the linking
structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long.
Areas of linking structures in excess of ten feet in length shall be counted in floor area.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 61
P22
9. 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 -
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. of non -unit floor area
= 9,000'sq. ft. total floor area
Then, the total unit floor area in the building would be 8,000 sq. ft. floor area. Using
the Allocation of Non -Unit Space standard, the uses account for the following per-
centages of the total unit floor area:
commercial floor area = 25%
free-market residential floor area = 50%
affordable housing floor area = 25%
Therefore, the 1,000 sq. ft. of non -unit 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)
B. Building Heights.
1. Methods of Measurement for Varyinz Types ofRoofs.
In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC),
and Service/Commercial/Industrial (SCI) Zone Districts, the height of the building shall be the
maximum 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
be measured as follows:
City of Aspen Land Use Code. August, 2007.
Part 500, Page 62
P23
a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall
be the maximum distance measured vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope
of less than 3:12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to the mean height between the eave point and ridge of a gable, hip, gambrel
or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched
roof shall not extend over five feet above the maximum height limit.
C. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater, height
shall be measured vertically from the natural or finished grade, whichever is lower,
to a point one-third (1/3) of the distance up from the eave point to the ridge. There
shall be no limit on the height of the ridge. Chimneys and other appurtenances may
extend up to a maximum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or
similar structures shall not extend over ten (10) feet above the specified maximum
height limit, except for roofs with a pitch of 8:12 or greater, these elements may not
extend more than two (2) feet above the ridge. Water towers, solar panels, and me-
chanical equipment shall not extend over five (5) feet above the specified maximum
height limit. Church spires, bell towers and like architectural projections, as well as
flag poles, may extend over the specified maximum height limit.
2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street fac-
ing) facade may extend for the first thirty (30) feet of the building's depth.
3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell 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 sides to within eighteen (18) inches of the first floor level shall not
be counted towards maximum permissible height.
C. Lot Area. Except in the R15-B zone district, when calculating floor area ratio, lot areas shall
include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of
20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be ex-
cluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed
25%.
Also excluded from total lot area for the purpose of floor area calculations in all zone districts 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 right-of-way or surface easement. Lot area shall include
any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irri-
gation ditch, or any lands subject to an above ground or below ground surface easement such as
City of Aspen Land Use Code. August, 2007.
Part 500, Page 63
P24
utilities that do not coincide with road easements. When calculating density, lot area shall have the
same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of
greater than 20% slope.
D. Site Coverage. Site coverage is typically expressed as a percentage. When calculating site cov-
erage of a structure or building, the exterior walls of the structure or building at ground level should
be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features
extending directly over grade shall be excluded from maximum allowable site coverage calcula-
tions.
E. • Measurement of Demolition. The City Zoning Officer shall determine if a building is in-
tended 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.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in ad-
dition 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 asso-
ciated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof
involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as re-
moved. 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 integ-
rity, 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 exte-
rior 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 of Demolition, Section
City of Aspen Land Use Code. August, 2007.
Part 500, Page 64
P25
26.104.100. 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 require-
ment 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. 55-2000, § 14; Ord. No. 56-2000, §§ 5, 6, 8; Ord. No. 25-2001,
§§ 6, 7; Ord. No. 46-2001, § 4; Ord. No. 55, 2003§4)
26.575.030 lic Amenity
A. rpose. The City of Aspen seeks a vit , pleasant downtown Public environment. blic
enity contributes to an attractive co rcial and lodging district by creating public ces and
settings conducive to an exciting pede shopping and entertainment atmosphere ublic amen-
ity can take the form of physical operational improvements to public rightse6f--way or private
property within these districts ublic Amenity provided on the subject development site is referred
to as On -Site Public Ame ' in this section.
B. Applicabi ' and Requirement. The requiremeZP
this Section shall apply to the devel-
opment of al mmercial, lodging, and mixed -use Zentwithin the CC, C1, MU, NC, SCI,
L, CL, L nd LO Zone Districts This area represspen's primary pedestrian -oriented
town, well as important mixed -use, service d lodging neighborhoods.
ewenty-five (25) percent of each pa within the applicable area shall be ided as Public
AmenZ(10)perc
redevelopment of cels on which less than this twenty-fiv 5) percent currently
existsting (prior to r velopment) percentage shall be the e cc' requirement provided
no lesn (10) perc is required. A reduction in the requ' public amenity may be allowed
as prSectio 6.575.030 D., Reduction of Requ' ment. Exempt from these provisions
shall op t consisting entirely of residenti-fises. Also exempt from these provisions
shall velopment of parcels where no o ite Public amenity currently exists, provided the
redevis limited to replacing the b ing in its same dimensions as measured by foo t,
heiiihor area.
C� Provision of Public A pity. The Planning and Zoning Commis ' or Historic Preserva-
tion Commission, pursu o the review procedures and criteria of ction 26.412 — Commercial
Design Review, shal termine the appropriate method or c oPmnation of methods for providing
this required am One or more of the following met may be used such that the started is
reached. JJ
City of Aspen Land Use Code. August, 2007.
Part 500, Page 65
P26
Mobile home park. A parcel or area of land upon which two (2) or more mobile homes, occupied
or intended to be occupied for a dwelling, are located for any period of time, regardless of whether or
not a charge is made for such accommodations, and whether or not the mobile homes and/or land are
owned by the occupants.
Monopole: A wireless communication facility which consists of a monopolar structure, erected
to support wireless telecommunication antennas and connecting appurtenances.
Motel. Same as "Hotel."
Neighborhood. The area adjacent to or surrounding existing or proposed development character-
ized by common use or uses, density, style and age of structures and environmental characteristics.
Neighborhood Cafe: A commercial eating and drinking establishment where food is prepared and
served for consumption on or off premises, limited to no more than 1,500 net leasable square feet and
no limitation on outdoor seating and which may provide music or other performances and entertain-
ment incidental to the primary use.
Neighborhood Commercial Uses: Commercial establishments engaged in the selling or renting
of consumer goods and merchandise to the general public and the rendering of services incidental to the
sale or rental of such products. Neighborhood Commercial shall include Retail Uses (with the excep-
tion of Restaurants and'Nightclub and Bar), post office branch, Artist Studio, Commercial Kitchen,
Bakery, Food Market, Neighborhood Cafe, broadcasting facility, movie theaters, and the sale or rental
of Motorcycles, Motor -drive cycles, and Motorized bicycles as defined by Section 42-1-102 C.R.S,
non -motorized vehicles such as bicycles, clothing, sporting goods, jewelry, books, videos, prescription
drugs, liquor, hardware, furniture, and art, and similar uses and activities.
Net leasable commercial and office space. Those areas within a commercial or office building
XFOO*Which are, or which are designed to be, leased to a tenant and occupied for commercial or office pur-
poses, exclusive of any area including, but not necessarily limited to, areas dedicated to bathrooms,
stairways, circulation corridors, mechanical areas and storage areas provided, however, that these areas
are used solely by tenants on the site.
Net livable area. The area available within a building for habitation and human activity measured
*0--4from interior wall to interior wall, including interior partitions, and inclusive of, but not limited to, hab-
itable basements and interior storage areas, closets, and laundry areas; but excluding uninhabitable
basements, mechanical areas, exterior storage, stairwells, garages (attached or unattached), patios,
decks, and porches.
Nightclub and Bar: A commercial establishment engaged in the sale or dispensing of liquor by
the drink for on -site consumption in which the preparation and serving of food may be available and
where music, dancing or other entertainment may be provided or conducted.
City of Aspen Land Use Code. August, 2007
Part 100, Page 24
V%z
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Chris Bendon, Community Development Director 4M
RE: Land Use Code Amendments — Calculations and Measurements
Resolution No. = Series 2010 — Public Hearing
DATE: May 18, 2010
SUMMARY:
The City of Aspen Community Development Department has initiated amendments to the Aspen
Land Use Code section for Calculations and Measurements. Attached, please find a first draft of
amendments to this section. Staff would like to provide a general overview and gain some P&Z
comments in order to prepare a next draft. Staff recommends continuation of this item after the
discussion.
26.575.020. Calculations and measurements.
ft. Purpose. ;Phis section sets forth methods for measuring} floor area, height, setbacks, and .
other dimensional aspects of development and describes certain allowances, requirements and
other prescriptions for a range of structural components, such as porches, balconies, garages,
chimneys, mechanical a ui ment, proiections into yards, etc. The definitions of the terms are
set forth at Section 26.104.100.
�. Limitations.. The prescribed dimensional requirements and specific allowances and
limitations, such as height, setbacks etc., of distinct structural components shall- not be
aggregated or combined in a manner that extends beyond the dimensional limitations of
any distinct allowance of an individual structural component or in a manner that +creates.....
or extends the specific nature of a non -conforming structure. For example, if a deck is
permitted to be develoled within five feet of a property boundary and a garage must be a
minimum of ten feet from the same property boundary, a garage with a deck on top of it
may not be developed any closer than ten feet from the property bounden or otherwise
produce an aggregated structural component that extends beyond the setback limit of a
garage.
Non -conforming aspects of a property or structure are limited to the specific nature of the
non -conformity. Specific non -conforming aspects of a property cannot be converted or
exchaneed in a manner that creates or extends a different specific non -conforming aspect
of a property. For example, a property that exceeds the allowable floor area and contains
deck area that exceeds the amount which may be exempted from floor area cannot
convert deck space to additional interior space.
C Measuring Lot Area and Slope Reduction. The method for calculatine a parcel's Lot
Area for the purpose of determining allowable Floor Area, allowable Floor Area Ratio
and allowable density of a parcel shall be as follows:
Percent of parcel to be
Percent of parcel to be
included in Lot Area to
included in Lot Area to
determine allowable Floor
determine allowable Density
Area
Areas of a parcel with 0% to
100%
100%
20% slope
Areas of a parcel with more
For properties in the R-15B
-------
100%
than 20% and up to 30% slope
Zone — 100%
For all other properties —
50%.
Areas of a parcel with more
For properties in the R-15B
100%
than 30% slope
Zone — 100%
Deleted: The purpose of this Section is
to set forth supplemental regulations
which relate to methodv for calculating
and measuring certain enumerated
terms as used in this Title. The
definitions of the terms are .set forth at
Section 26.104.100.11
Formatted: Font: Bold, Italic
Formatted: Font: Bold
Formatted: Tabs: 0.25", Left
Formatted: Font: Not Italic
Formatted: Font: Not Italic
Formatted: Font: Not Italic
Formatted Table
Formatted: Centered
Formatted: Centered
Formatted: Centered
Formatted: Centered
Formatted: Right: 0.25"
For all other properties - 0%.
Areas below the high water
0%
0% `
line of a river or body of
water.
Areas dedicated to the City or
100%
100% `
County for open space or a
public trail.
Areas within an existing,
0%
—
0% `
—
proposed, dedicated, or
vacated public or private
vehicular right-of-way or
vehicular easement, including
emergency access easements.
Areas of a propeM subject to
100%
100% `
above ground or below
ground surface easements
such as utilities or an
irrigation ditch that do not
coincide with vehicular
easements.
Formatted: Centered
Formatted: Centered
Formatted: Centered I
Formatted: Centered
Notes:
l . The Community Development Director may accept an estimation of pre- • -
Formatted: Bullets and Numbering
development topography prepared by 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. The maximum total reduction in FAR attributable to slope reduction for a given
site shall not exceed twenty-five percent (25%).
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
dependant on the shared driveway to gain access. Deleted:.a
Deleted: a
Deleted: uoor:���u
,�, __ Measurin Floor .4lea. In measuring floor areas for floor area ratio and allowable : " ; ';
Deleted: that
floor area, the following applies: ; ,- ,
Deleted: Flom
1. General. In measuring, building for the purposes of calculating floor area ratio `
%
Deleted: ,mc.nurod r, „ l " ,,
--------------------------------
and allowable floor area, there shall be includedl-I areas within the surrounding
sur Llti)
exterior walls�pfjhe building or portion thereof_ When measuring from the exterior
Deleted:
walls, the measurement shall be taken from the surface of the exterior sheathing.
Deleted: v
-
V.eneer and all exterior treatments shall be excluded from the calculation of Floor ,;;'
Deleted: included
Area(Also. see provisions for setbacks - ***). --------------
Deleted`
Formatted: Right: 0.25"
2t
2. Vertical circulation. When calculating areas with stairs or an elevator _
connecting separate levels of a structure, -the element shall be counted on every floor - -- Deleted: each floor -to -floor staircase is
which is connected by the element. For elevators, each stop of the elevator shall be counted only once.
counted as if it were a solid floor.
3. Attic Space. Unfinished and uninhabitable space between the ceiling joists and
roof rafters which is accessible only as a matter of necessity but not routine is exempt
from the calculation of Floor Area Ratio and allowable Floor Area. For example, a
"hung" or "false" ceiling shall be exempt. If any portion of the attic level of a
structure is habitable, then the entire level shall be included in the calculation of Floor
Area Ratio and allowable Floor Area. For example, under roof wing space along the
edges of a sleeping loft within a roof vault shall be counted as Floor Area.
4. Decks, Balconies Loggias and Exterior : airwa s. The calculation of the floor
area of a building or a portion thereof shall not include decks, balconies, exterior
stairways, gazebos and similar features, unless the area of these features is greater
than fifteen percent 15%) of the maximum allowable floor area the's
, rope If,
the area of these featuresexceeds fifteen orfteen percent (15%) of the property's maximum
allowable Floor Area, only the areas in excess of the fifteen percent (15%) shall be
attributed towards the maximum allowable Floor Area for the property. The area of
these features shall be the maximum footprint of the feature includingrailings, ailings, fixed
seating, planter boxes, overhangs, and similar structural components of the feature.
5. Porches. Porches on Street -facing facade(s) of a structure within thirty (30)
inches of the ground level ,shall not be counted to ,allowable Floor Area.
Otherwise, these elements shall be attributed to Floor Area as a Deck.
#. Patios and Landscape Terraces. Patios and Landscape Terraces within thirty (30)
inches of the ground level shall not be counted towards allowable Floor Area.
,�. Garages andcarport In all zone districts except the R-15B Zone District, for the
-- ------------ - - --- ------- ----
purpose of calculating floor area ratio and allowable floor area for a single -Family or
Duplex structure, garages an carportstshall be excluded as follows:
Size of Garage or Carport
Area excluded per dwelling unit
First 0 to 250 square feet
100% of the area
Next 251 to 500 square feet
50% of the area
Areas above 500 square feet
No area excluded.
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
3-
Deleted: 2
Deleted: t
Deleted: porches.
Deleted: I
D- _ -
Deleted'. s
Deleted: of -
E
eted: building
geted: (the excess ofthe fifteen
ent [15%] shall be included).
Deleted: and landscaped terraces
Deleted: FAR
Deleted: ¶
3
Deleted:.
Deleted: and storage areas
Deleted: -
Deleted: a lot whose principal use is
residential
Deleted:
Deleted: and storage areas
Formatted: Right: 0.25"
road does not abut the property, the garage or carport area shall be excluded from
floor area calculations as described in the table above.
for garages that are part of a,Subgrade area, the_garage exemption is taken from the
total gross below -grade area before the subgrade calculation takes place. need math
example]
In the R-15B Zone District, garage and carport 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.
_..---------------- ---- --- - --------- -----------------------------
7. 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.
For the purposes of this section, the wall area shall not include exterior wall
area associated with structural components of the foundation or floors of the
structure. [graphic]
Deleted: up to a maximum area of two
hundred fifty (250) square feet per
dwelling unit; 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; all garage, carport
and storage areas in excess of five
hundred (500) square feet per dwelling
unit shall be included as part ofthe
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 hundred fifty
(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 determining 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,
garage, carport and storage areas shall be
limited to a five -hundred -square -foot
exemption.
Deleted: 4
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
percent (15%) of the gross square footage of the subject story will be included
as floor area.)
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 (100%) 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.
2. Affordable Housing Bonus. The floor area of a parcel containing_a single-family
or duplex residence and a permanently affordable "for sale" ADU or carriage house
4-"
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 or 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 (500) square feet per dwelling
unit.¶
5.. (Repealed by Ord. No. 56-2000, §8)1
6
Deleted: 7
Formatted: Right: 0.25"
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.
10. Sheds, Storage Units, and similar Accessory Structures. Sheds, storage units,
greenhouses, and similar accessory structures (both habitable an inhabitable) shall be
included in the calculation of Floor Area.
11. 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 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 floor area requirements and shall comply with zone
district requirements for Utility/Trash/Recycle areas.
Enclosures shall be located adiacent to the alley where an alley borders the property
and shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non -historic structures.
12. 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 -
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. nommit 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 nommit space
standard, the uses account for the following percentages of the total unit
floor area:
5-
Deleted: 8.. Linked Pavilion. Any
element linking the principal structure to
an accessory structure shall not be
included in the calculation of floor area,
provided that the linking structure is no
more than one (1) story tall, six (6) feet
wide and ten (10) feet long. Areas of
linking structures in excess often( 10)
feet in length shall be counted in floor
area.¶
9
Formatted: Right: 0.25"
commercial floor area = 25%
free-market residential floor area = 50%
affordable housing floor area = 25%
Therefore, the one thousand (1,000) square feet of non_unit 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.
J. Genera_L Required setbacks shall be unoccupied and unobstructed within an area-_
extending horizontally from the parcel boundary to the setback line and vertically above
and below grade, excepting 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. [graphicl
Formatted: Font: Italic, Underline
.2. DetermininQ Front,, Rear, and Side Yards. The front yard setback shall be measured_ _ _ Formatted: Font: Italic, 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 right-of-way. There shall not be more than one front
lot line. For corner 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.
ra 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. raphicl
Reverse curve lots shall be treated as a double corner lot with the center third (1/3) of the
curve being the front lot line and the two opposing p cel boundaries being the side lot
lines such that rectilinear setbacks are approximated. [graphicl
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. fgraphicl
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
I ine.
Formatted: Right: 0.25"
6•'
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.
3. Determining required yard setbacks adiacent to private streets or rights-otway. Along
private streets where the lot extends into the right-of-way or street easement, 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.
--- ----------
----------
-----------
Figure 575.1 Required Setback From a Private Road or Right -of -Way
4. Combined Yards. Where zoning provisions require a combined setback (either front -
rear or side -side), the setbacks shall be consistent along the affected parcel boundaries.
[graphic]
�. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and
below ground except for the following allowed projections:
7-
Formatted: Font: Not Bold
Formatted: Font: Not Bold
Formatted: Right: 0.25"
a. Above or below ground utilities, including dry wells or other drainage
infrastructure.
b. Trees and vegetation.
Flagpoles, mailboxes
c. Foundation footers, soil nails or below-p-rade tiebacks, and similar improvements
necessary for the structural integrity of a building,
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 0 8) inches.
f. 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. This projection 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 existing building, as may be required by adopted Building or Fire Codes.
h. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls,
berms, retaining walls, steps and similar structures, which do not exceed thirty
(30) inches vertically above or below natural grade or finished grade, whichever
is more restrictive. Improvements may be to thirty (30) inches above and
below grade simultaneously_[graphicl 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 egress.
i. Fences and hedges less than forty-two (42) inches in height, as measured from
finished grade, are permitted in all required yard setbacks. Fences and hedges up
to six (6) feet in height, as measured from finished grade, are permitted in areas
entirely recessed behind any facade of a structure facing a Street. [graphic] (See
Supplement4a Regulations — Section 26.575.050, Fences.)
J. Driveways not exceeding twenty-four (24) inches above or below natural grade
within any setback of a yard facing_a Street. Within all other required setbacks,
finished grade of a driveway shall not exceed thirty (30) inches above or below
natural grade. Parking is only permitted within required setbacks if it is in an
approved driveway or other area approved for parking.
Non -permanent outdoor seating, such as movable patio furniture or a picnic table,
grills which are not affixed to the ground, and similar non -permanent features.
k. Hot tubs, spas, and permanently affixed outdoor grills, 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 Formatted: Right: 0.25"
8•
thirty (30) inches above or below finished grade. These features may be up to
thirty (30) inches above and below finished grade simultaneously.
I. Heating and air conditioning equipment and similar mechanical equipment shall
be prohibited in all yards facing a Street. Mechanical equipment may be placed
within non -street facing yards but shall not exceed thigy (30) inches above or
below finished grade. These features may be up to thirty_(30) inches above and
below finished grade simultaneously.
m. The height and placement of energy production systems located 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.
n. Wildlife -resistant dumpster enclosures located in residential zone districts shall be --
prohibited in all yards facing a Street. These facilities may be placed within non -
street facing yards if the enclosure is the minimum reasonably necessary to
enclose the trash receptacles 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 facing a
Street is allowed.
Enclosures shall be located adjacent to the alley where an alley borders the
property and shall not be located in a public right-of-way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut or
be attached to an historic structure. Enclosures may abut other non -historic
structures.
Measuring Building Ill fights.
------------------------------------------------------------
1. General. In measuring a buildine for the comDliance with height restrictions, the -
measurement shall be taken vertically rom the lower of natural or finished grade
at all points where the exterior of the building meets the ground. The
measurement shall be taken from the surface of the exterior sheathing, excluding
all veneer and exterior treatments. For the purposes of measuring height within
the footprint of a building, these points shall be projected vertically to the
maximum allowed height and then interpolated from side to side to establish a
two dimensional plane representing the maximum height.
2. For properties in the Commercial Core (CC), Commercial (CI), Commercial -
Lodge (CL), Neighborhood Commercial (NC) and Service Commercial Industrial
(SCI) Zone Districts, the height of the building shall be the maximum distance
measured vertically, as described above, to the top, ridge or parapet of the
structure, inclusive of all roof sheathing, materials, veneer and the like.
Formatted: Indent: Left: 0.25",
Hanging: 0.25"
Deleted: B
Deleted, h
Formatted: Bullets and Numbering
rDeleted: I.
Formatted: Indent: Left: 0.25"
Formatted: Bullets and Numbering
Formatted: Right: 0.25"
3. For properties in all other Zone Districts, the height of the building shall be --
according to the type of roof as follows:
.--I Formatted: Bullets and Numbering
----- .... ........... .. ... ------..I------------ --------------------------------------------
a. _Flat roofs or roofs with a slope of less than 3:12. The height of the building
shall be the maximum distance measured vertically from the ground, as
described above, to the top or ridge of the roo�,as measured to the surface of
the exterior sheathing or weatherproofing membrane of the roof but
excluding exterior surface treatments such as shakes, shingles, or other
veneer treatments or ornamentation such as a widow's walk_ a hic
b. _Roofs with a slope from 3:12 to 7:12. For roofs with a slope from 3:12 to
7:12, height shall be measured vertically from the ground, as described
above, p the mean height between the pave point and ride as measured_ to
the surface of the exterior sheathing or weatherproofing membrane of the".,
roof but excluding exterior surface treatments such as shakes, shingles, or
other veneer treatments or ornamentation such as a widow's walk The ridge
of &e 5 roof shall not extend ore than five ( feet above the maximum
,., - ------------ — `--------�— -----------------------------------
height limit.
c. _Roofs with a slope ,greater than ,Z_12, For roofs with a slope of 7:12 or
greater, height shall be measured vertically from the ground, as described
above o_ a int one-third t 3 of the distance u from the eave point to the
p° �) - - - -- - -P - -- ---- ----------
ridge as measured to the surface of the exterior sheathing or weatherproofing
membrane of the roof but excluding exterior surface treatments such as
shakes, shingles, or other veneer treatments or ornamentation such as a
widow's walk. There shall be no limit on the height of the ridge.
d. For roofs with multiple pitches within one vertical plane, the height of the roof
shall be measured as if the shallower
e. For barrel -vault roofs, height shall be measured using the methodology for
roof with a 3:12 to 7:12 pitch and by assuming
f. Dormers shall be excluded from the calculation of height , if the footprint of
the dormer exceeds 50% of the roof
Deleted: <#>Methods of measurement
for varying types of roofs. ¶
In the Commercial Core (CC),
Commercial Lodge (CL), Neighborhood
Commercial (NC) and
Service/Commercial/Industrial (S/C/1)
Zone Districts, the height of the building
shall be the maximum 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 be measured as follows:
Deleted: from the natural or finished
grade, whichever is lower
Deleted: a
Deleted: flat
Deleted:
Deleted: mansard or other roof with a
slope of less than 3:12.
Deleted: from the natural or finished
grade, whichever is lower,
Deleted: of a gable, hip, gambrel or
other similar pitched roof
Deleted: a gable, hip, gambrel or other
pitched
Deleted: over
Deleted: of
Deleted: 8
Deleted: org
Deleted: g
Deleted: the natural or finished grade,
whichever is lower,
Deleted: Chimneys and other
appurtenances may extend up to awl
Formatted
Deleted: d.
Deleted: antennas
—.. _... -_ _... .. Deleted: other
—--------- ---- — — —
Deleted: appurtenances
—
4. Allowed Exceptions to Height Limitations �--- -
Deleted: Antennas,
chimneys, ups nd ir,�mitar lttility apparatus. Ct j. timneys, flues? ventsr and Deleted: c
,slrrlilar,}Itility apparatus shall not extend Amore than:ten (10) feet above the Dew: or
height of the buildingat t the point the device connects or more than ten (10) Y De; structure,
feet above the specified maximum height limii;or roofs with a pitch of
Deleted: over
8:12 or greater, these elements may not extend more than two (2) feet above
the ride Deleted' .except
ga----------------------------------- --------------- — ---- ---------- ---- — Deleted: f
Communications Equipment. Antennas, satellite dishes, and similar Deleted:.
communications equipment and devices shall comply with [telecom section] Formatted: Right: 0.25"
10-'
b. Elevator Enclosures. Elevator enclosures and stair enclosures providing roof
access shall not extend more than ten (10) feet above the specified maximum
height limit. Elevator overruns which do not provide roof access shall not
extend more than five (5) feet above the specified maximum height limit.
c. Rooftop Railings. Rooftop railings, parapet walls, and similar safety devices
permittingrooftop access shall not extend more than five (5) feet above the
height of the buildingat t the point the railing connects. Railings and the like
may extend above the specified maximum height by that amount necessary to
provide adequate safety and building code compliance if the railing is more
than 50% transparent.
d. Mechanical Equipment. Heating, ventilation, and air conditioning systems,
energy production systems including solar panels; and similar mechanical --.--
- ----------------------------------
equipment located on top of a building+shall not_extend more than five (5)
feet above height of the building at the point the equipment is attached or
more than five (5) feet above the specified maximum height limit. The
Community Development Director may approve exceptions to this restriction
to accommodate energy_ production or efficiency systems or equipment if no
other practical solution exists. The height and placement of energy
production systems which are not located on top of a building shall be
established by the Planning and Zoning Commission pursuant to the
procedures and criteria of Chapter 26.430 — Special Review.
eChurch spires, bell towers and like architectural projections, as well as flag
poles, may extend over the specified maximum height limit.
f Exceptions for buildings on slopes. The maximum height of a building's front•;'
(street -facing) facade may extend for the first thirty (30) feet of the building's
depth.
g_ Exceptions for lightwells._ Exceptions for areaways, light wells and basem_ ent
-
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.
c..---------—-----------------
Mea�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. When measuring to the exterior
walls, the measurement shall be taken from the exterior surface of the sheathing. Veneer
and all exterior treatments shall be excluded from the calculation of site coverage.
Porches, roofs or balcony overhangs, cantilevered building elements and similar features
extending directly over grade shall be excluded from maximum allowable site coverage
calculations.
Deleted: Water towers,
Deleted:
Deleted: over
Deleted: 2
Formatted: Indent: Left: 0.5"
Deleted: 3. .
Deleted: C . Lot area. Except in the
R-15B Zone 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 with a slope of twenty to
thirty percent (20-30%) may be counted
towards 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
(25%).¶
Also excluded from total lot area for the
purpose of floor area calculations in all
zone districts 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
right-of-way or surface easement. Lot
area shall include any lands dedicated to
the City or County for the public trail
system, 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
area shall have the same exclusions and
inclusions as for calculating floor area
ratio except for exclusion of areas of
greater than twenty percent (20%) slope.
Deleted: D
Formatted: Right: 0.25"
,E Measurement of &moHdon. The City Zoning Officer shall determine if_a building uebted: e
is intended to be or hasbeen, demolished by applying the following process of oekMW: d
calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram
showing the following:
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.).
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.
The diagram shall depict each exterior wall and roof segment as a flat plane with
an area tabulation.
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. If 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.
Formatted: Right: 0.25"
12-
(Ord. No. 44-1999, §7; Ord. No. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-
2001, §§6, 7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2-4; Ord. No. 12-2006, §19,
Ord. No. 12, 2007, §32)
definition et leasable commercial and office space. Those areas within a
-- -- --------- ------ ---------------------i
commercial or office building which are, or which are designed to be,pccupied for
commercial purposes_
.......................... — --- —---------------------------- —------------ — --
G. Measurement of Net Leasable S ace. The calculation of Net Leasable S aces',,',
shall include all interior space of a building measured from interior wall to interior wall,
including 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 refrigerators or
freezers, changing rooms, waiting rooms and similar space which may be leased to a
tenant. The calculation of Net Leasable Space shall excludepommon areas of a building
not intended or designed to be leased to an individual tenant such asig_ommon bathrooms, 1,
------------
common stairways, common circulation corridors, common mechanical areas, ommon
storage areas or similar common spaces not intended or designed to be leased to an
individual tenant.
Permanently installed interior airlock spaces are exempt from the calculation of nets`,
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks
installed on the exterior of a building shall be considered Net Leasable Area and shall be
required to provide affordable housing and other mitigation accordingtproportion
of the year in which it is installed.
Deleted: 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:¶
I.. Building eaves - Eighteen (18)
inches;¶
2. Architectural projections - Eighteen
(18) inches;¶
3.. Balconies not utilized as an exterior
passageway may extend the lesser of one-
third (Y,) 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.!] r... f3)
Deleted: ¶
Deleted: Icased to a ienam and
Deleted: or office
Formatted: Font: Italic
Formatted .„ [q)
Deleted: , exclusive of any
Unless specifically exempted through other provisions of this Title, outdoor displays Deleted: including, but not necessarily
outdoor vending, vending machines, and similar commercial activities located outside limited to. areas dedicated to
(not within a building) shall also be included in the calculation of Net Leasable Space. Deleted: and
The calculation of such area shall be the maximum footprint of the display or vending Deleted: provided however, that these
apparatus. For vending carts or similar commercial activities requiring an attendant, the areas are used solely by tenants o
calculation shall also include a reasonable amount of space for the attendant. Porm0tbed:Indent: Left: o", First
• - - - - - - - Formatted: Indent: Left: 0.38",
First line: 0"
Idefinitionl Net livable area. The areas within a building which are, or which are -------- Formatted: Indent: Hanging: 0.03"
desij=,ned to be, used for habitation and human activity_ -- Deleted: available
easurement ot Net Livable Area. The calculation of Net Livable Area shall -
include all interior space measured from interior wall to interior wall, including interior
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one
unit, habitable basements, and :storage areas_ closets and laundry areas accessible from -.-
--------------------------------- - -. .- .....
the interior of a unit. Net livable Area shall not include pommon circulation areas,
common lobbies, common stairwells, common elevator corridors, or similar common
spaces not intended or designed to be occupied by an individual tenant. Net Livable Area
shall not include uninhabitable basements, mechanical areas, stairs, unconditioned
,storage _accessible only from the exterior ,garages, ,parports, patios: decks�,porches or
similar spaces.
13•'
Formatted: Font: Italic
_Formatted (..f61
Formatted: Font: Bold, Italic
Deleted: interior
Deleted: ; but excluding
Deleted: exterior
Deleted: stairwells,
Deleted: (attached or unattached),
Deleted: and
Formatted: Right: 0.25"
1. xee lions or EnME E Icienc . The Community Development Director may-,, Font: Bold, Italic
approve exceptions to restrictions on Floor Area, Setbacks, Height, and Measurement of y' Formatted: Font: Bold, Italic
Demolition to accommodate the addition of energy production or efficiency systems or Formatted: Justified
equipment 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 energy production
or efficiency exists. Approval shall be in the form of a recordable administrative decision.
1. Exee tions or Building Code Coe fiance The Communily Development Formatted: Font: Bold, Italic
Director may approve exceptions to restrictions on Floor Area, Setbacks, Height, and Formatted: Font: Bold, Italic
Measurement of Demolition to accommodate improvements required to achieve
compliance with building fire, or accessibility codes 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
administrative decision.
Anneals. An applicant aggrieved by a decision made by the Community- Formatted: Font: Bold, Italic
Development Director regarding this Calculations and Measurements Section may appeal Formatted: Justified
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316.
Formatted: Right: 0.25"
14
Page 10: [1] Deleted chrisb 4/9/2010 11:34:00 AM
Chimneys and other appurtenances may extend up to a maximum of two (2) feet
above the ridge.
Page 10: [21 Formatted chrisb 4/9/2010 3:15:00 PM
Indent: Hanging: 0.56", Tabs: 0.5", Left + 0.63", Left
Page 13: [3] Deleted chrisb 3/29/2010 4:17:00 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;
3. 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.).
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 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.
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 (2/3) of the required front yard setback 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)
Page 13: [4] Formatted chrisb 5/4/2010 2:45:00 PM
Indent: Left: 0", First line: 0", Tabs: 0.5", Left + Not at 0.98"
Page 13: 15] Deleted chri5b 2/4/2010 4:45:00 PM
provided, however, that these areas are used solely by tenants on the site.
Page 13: [6] Formatted chrisb 4/9/2010 3:21:00 PM
Indent: Left: 0", First line: 0", Tabs: 0.5", Left + Not at 0.98"