HomeMy WebLinkAboutordinance.council.013-13 ORDINANCE No. 13
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE
FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE
AND WASTE REDUCTION CODE OF THE CITY OF ASPEN MUNICIPAL CODE:
12.06.010, 020, 030, 050, 060, AND 080—WASTE REDUCTION AND RECYCLING; 12.010—
SPACE ALLOTMENT FOR TRASH AND REYCLCING STORAGE; 26.100.104 -
DEFINITIONS; 26.412.060(B)—COMMERCIAL DESIGN REVIEW, COMMERCIAL
DESIGN STANDARDS, UTILITY, DELIVERY,AND TRASH SERVICE PROVISION;
26.430.030, 040(E), 060(C), 080, AND 090(A) - SPECIAL REVIEW; 26.575.060—
UTILITY/TRASH/RECYCLE SERVICE AREAS; AND 25.575.180—REQUIRED
DELIVERY AREA AND VESTIBULES FOR COMMERCIAL BUILDINGS.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to explore code amendments related to the space requirements for trash, recycling and
utility equipment storage; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City
Council, and then final action by City Council after reviewing and considering the recommendation
from the Community Development Department; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach to gain feedback from the community on potential code
changes to the trash and recycling storage requirements; and,
WHEREAS, during a duly noticed public hearing on March 18, 2013, the City Council
approved a Policy Resolution, Resolution 26, Series of 2013, directing staff to process code
amendments related to trash, utility and recycling area sections of the land use code, by a four - zero
(4 - 0) vote; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments ad finds that
the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare; and
WHEREAS, the Environmental Health Director has recommended approval of the proposed
amendments to further the City's goal of recycling and waste reduction; and
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NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1:
Sections 12.06.010, 020, 030, 050, 060, and 080—Waste Reduction and Recycling, of the Municipal
Code, shall be amended as follows:
Sec. 12.06.010.Definitions.
For purposes of this Chapter, the following terms shall have the meanings ascribed to them:
Ashes. The term ashes shall mean the solid residue left when material is burned.
Audit Card shall mean a card that waste Haulers give to customers who have included
banned Yard Waste in their garbage or who have failed to properly sort their Recyclable
Materials,
Commercial Customer shall mean any premises utilizing collection service where a
commercial, industrial or institutional enterprise is carried on, including, without limitation,
retail establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes,
clubs, churches and public facilities.
Compostable material or compostables shall mean any organic material that will naturally
degrade and that has been designated as compostable by City Manager regulation in the
"Compostable Materials List" which may include, but is not limited to,
1) Animal or vegetable based food scraps resulting from the preparation, cooking and
serving of food;
2 Organic materials, including paper products and products designed to completely break
down in a commercial composting facility;
3) Organic material that has been completely segregated from trash by the generator for
the purpose of being composted or otherwise processed through natural degradation into soil
amendment,fertilizer or mulch.
Garbage The term garbage shall mean all wastes from the preparation and consumption
of food, condemned food products and all refuse and waste from the handling, storage,
preparation and sale of produce. The term garbage shall include compostable material and
compostables.
Hauler means any person in the business of collecting, transporting or disposing of
garbage or trash for another, for a fee, in the City.
Multi-Family Customer means the occupants, taken together, of a residential building or
set of residential buildings that use a collective, common system for the collection of garbage
generated by the occupants.
Recyclable Materials means any materials that are designated by the City Manager in the
"Recyclable Materials List" which may include, but are not limited to, newspaper, magazines,
office paper, cardboard, glass containers, plastic containers, steel cans and aluminum cans.
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Residential Customer means every occupant of a residential building or set of residential
buildings who receives periodic garbage collection service, and who does not use a collective,
common system for the collection of garbage generated by the occupants.
Trash. The term trash shall mean all substances, which are neither ashes nor garbage,
discarded from dwellings, rooming houses, hotels, clubs, restaurants, boardinghouses, eating
places, shops, stores or other places of business.
Yard Waste shall mean materials generated from the maintenance of the vegetation on a
property that have been designated by the City Manager in the "Banned Yard Waste List"
which may include, but are not limited to, grass clippings, leaves, weeds, holiday trees and
other plant materials. (Ord. No. 26, 2005, §1)
Sec. 12.06.020.Exemptions.
The following persons are exempt from the provisions of this Chapter:
(A) Any person or agent thereof who transports to the landfill only the garbage that person
generates.
(B) Any person who transports only liquid wastes (such as restaurant grease), discarded or
abandoned vehicles or parts thereof, discarded home or industrial appliances, household
hazardous wastes or hazardous materials as defined in the rules and regulations adopted by the
United States Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.
Sec. 12.06.030. Hauler requirements.
(A) No person shall operate as a solid waste Hauler within the city limits without first
obtaining a business license from the City. In order to receive a City business license, a solid waste
Hauler must comply with the requirements of this Chapter.
(B) Haulers providing trash service in the City shall include in the base rate for trash pickup
service the pickup of Recyclable Materials as designated by the City Manager in the Recyclable
Materials List.
(i) For residential customers the Recyclable Materials list shall include, at the minimum,
glass containers, plastic containers, steel cans, aluminum cans and newspapers.
(ii) For commercial and multi-family customers the Recyclable Materials list shall include,
at the minimum, glass containers, plastic containers, steel cans, aluminum, newspapers,
cardboard and office paper.
(C) It shall be unlawful for Haulers to provide a separate line item for the cost of recycling
services on any invoice, contract, or other document that is delivered to the customer, or to deduct
any amount from a customer's rate if the recycling services are not used.
(D) The collection of recyclable materials for residential customers shall be provided on the
same day and upon the same frequency as trash pickup.
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(E) Haulers shall provide collection of recyclable materials for multi-family and commercial
customers as often as necessary to prevent the overflow of the recycling containers and to permit the
customer to use the recycling containers without causing an overflow.
(F) Any person licensed to operate as a solid waste Hauler within the City shall charge all
Residential Customers on the basis of volume of trash collected, which shall be measured by the
volume capacity of the container used by the customer. All charges shall be based upon units of
volume no greater than thirty-two (32) gallons. The charge for the second unit shall be no less than
the charge for the first unit of volume. The charge for each subsequent unit of volume shall be no
less than the charge for the first unit of volume.
(G) In offering or arranging for services, a Hauler shall provide reasonable notice of the full
range of container sizes or levels of services offered by the Hauler, and shall provide to each
customer that customer's requested container size or level-of service. - - -
(H) Each Hauler shall submit a bi-annual report to the city manager of the weight in tons of
garbage, trash, Recyclable Materials (as determined by the City Manager in the Recyclable Materials
List pursuant to 12.06.040),_Compostables and Yard Waste materials collected within the limits of
the City. For loads that contain garbage or Recyclable Materials originating in part from within the
limits of the City, and in part from outside the limits of the City, the reported quantity may be
estimated by the Hauler but must use the standardized formula provided by the City of Aspen which
shall include the use of both the scale tickets and customer route sheets, and reported as an estimate.
Bi-annual reports shall be submitted by January 31 and July 31 using a form or forms provided by the
Environmental Health Director. Included in this form shall be a standardized formula for volume
estimations, a description of the approved data collection methods and a section for the hauler to
describe any assumptions used in the data collection process. All reports shall be treated as
confidential commercial documents under the provisions of the Colorado Open Records Act.
Haulers shall include the following with the bi-annual report when submitted:
- One (1) example of the base rate monthly charge for an average residential customer and
one (1) example of the base rate cost for a commercial customer that would be considered
an average customer with no special considerations.
- Schedule of pick up for customers located within the City of Aspen. This requirement
may be met by providing route sheets detailing the different daily hauling routes within
City limits.
(I) Nothing in this Section shall be construed as prohibiting any Hauler from providing
separate pricing for special collection of bulky items, Compostables, Yard Waste, contaminated
recyclables, unscheduled pick-up of trash, extra volumes of trash, such as bags, boxes or bundles, or
more than what was subscribed with a Hauler for trash.
(J) Except for materials that customers have not properly prepared for recycling and so are
grossly contaminated (fifteen percent [15%] or more of trash), Haulers may not dispose of Recyclable
Materials set out by recycling customers by any means other than at a recycling facility that sorts,
packages and otherwise prepares Recyclable Materials for sale.
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(i) Haulers must notify customers of any grossly contaminated Recyclable Material with an
Audit Card or with a phone call, email or written letter with wording provided by the
Environmental Health Department.
(ii) Haulers must notify the Environmental Health Department via email or phone if
grossly contaminated Recyclable. Materials are deposited into the trash instead of properly
recycled, due to contamination, at the same address more than once in the period of one (1)
month.
(K) Haulers shall notify customers of the provisions of this Chapter by a letter reasonably
acceptable by the City of Aspen:
(i) Upon the initial provision of solid waste collection services to new customers,
(ii) Ninety days prior to any deadline such as the date for existing customers to notify the
hauler if they wish to opt out, and
(iii) On or before December 31 of each year for existing customers
Haulers will also provide within the above reference letter information on the materials
designated for recycling collection pursuant to 12.06.040 and such rules and regulations as
established by the Hauler for the orderly collection of Recyclable Materials as authorized
pursuant to 12.06.050(b). Such notice shall further include for Residential Customers the
notification of the variable rate system employed by the Hauler, and shall be in a form
reasonably acceptable to the City to ensure that customers are fully informed of the
availability of recycling and level of service options.
For group accounts, the notices required herein may be sent to the group representative for
said account, provided that such notice shall further notify said representative of its
obligation to notify all individual customers or users of the service within the group of the
availability of recycling services.
On or before January 31 of each year, the Hauler shall deliver to the Environmental Health
Director a true and correct copy of the notification sent to each customer type, i.e.
Residential, Multi-family or Commercial, on or before December 31 of the previous year.
(L) Haulers shall not pick up trash that contains banned Yard Waste materials. Haulers shall
notify customers of the ban with an Audit Card or with a phone call, email or written letter with
wording provided by the Environmental Health Department. (Ord. No. 26, 2005, §1)
(M) A hauler that exclusively hauls compostable material, no trash or recycling, that has been
prepared by the generator for the purpose of separate collection and that is collected in a separate
vehicle or compartment of a vehicle than that used for trash collection, is exempt from the above
provisions of Section 12.06.030, except that all compost haulers shall comply with subsections (A),
(G) and (H) of this Section 12.06.030.
Sec. 12.06.040.Designation of Recyclable Materials, Banned Yard Waste Materials and
Compostable Materials List.
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(A) The Recyclable Materials that haulers are required to pick up shall be set forth in the City's
Recyclable Materials List," which shall be prepared and amended from time to time by the City
Manager. The Recyclable Materials List shall be developed after consultation with the Pitkin County
Landfill Director/Manager, the Environmental Health Director and representatives of the licensed
Haulers operating within the City, as well as the public, and shall be available for review on the City's
Environmental Health Department website.
(B) The Yard Waste material that is required to be separated from trash shall be set forth in the
City's "Banned Yard Waste List," which shall be prepared and amended from time to time by the City
Manager. The Banned Yard Waste List shall be developed after consultation with the Pitkin County
Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City,
as well as the public, and shall be available for review on the City's Environmental Health
Department website. (Ord. No. 26, 2005, §1)
(C) The "Compostable Material List" shall be developed after consultation with the Pitkin
County Landfill Manager, the Environmental Health Director and licensed Haulers operating within
the City, as well as the public, and shall be available for review on the City's Environmental Health
Department website.
Sec. 12.06.050.Placement of Recyclable Materials, Compost and Yard Waste for pickup.
(A) All recyclables, compostables and Yard Waste accumulated on any premises shall be
placed in a container separate from trash, or in a suitable manner such as cardboard broken down and
placed on a shelf.
(B) Recycling containers for storing and setting out Recyclable Materials may be of any color
or design as long as they do not interfere with industry-accepted requirements for the preparation of
materials for recycling that are necessary to provide for the orderly collection of Recyclable
Materials. (Ord. No. 26, 2005, §1)
(C) Composting containers for storing and setting out Compostable Materials may be of any
color or design so long as the container complies with all other requirements of the Aspen Municipal
Code, including but not limited to the provisions of Chapter 12.08, Wildlife Protection.
(D) Yard Waste may be included for pick up with Compostable material in the Compostable
Material bin or placed next to the Compostable Material bin in preparation for pick up by a hauler.
(E) Containers provided by a waste hauler to a customer must be clearly marked to show the
type of waste or recycling permitted in the bin.
Sec. 12.06.060.Educational materials.
(A) The Environmental Health Department shall provide an annual summary of waste and
recycled material totals collected in the City, and shall report on other measures of success and
aspects of this Chapter.
(B) The City will provide wording for Audit Cards and letters and talking points for phone
calls that the Haulers must use to notify their customers of contamination of Yard Waste in trash and
contamination of trash in recyclables. In addition, the City will produce an educational flyer, not to
exceed one (1) sheet of paper in length. Haulers shall distribute this educational flyer at least once a
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year to all their customers, which may be at the same time as materials sent out under Subsection
12.06.0300) above. The City will consult with the Haulers about the educational flyer prior to
distributing it to the Haulers. (Ord. No. 26, 2005, §1)
Sec. 12.06.070. Audits and violations.
(A) Each Hauler licensed pursuant to this Chapter shall maintain accurate and complete records
of the services provided to all customers, the charges to such customers and payments received, the
form and recipients of any notice required pursuant to this Chapter, and any underlying records,
including any books, accounts, contracts for services, written records of individual level of service
requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of
such records. It shall be the duty of each Hauler to keep and preserve all such documents and
records, including any electronic information, for a period of three (3) years from the end of the
calendar year of such records, except for paper records of route sheets, which may be discarded one
(1) year after the end of the calendar year of such route sheets.
(B) If requested, each Hauler shall make its records available for audit by the City Manager
during regular business hours in order for the City to verify Hauler compliance with the provisions of
this Chapter. All such information shall be treated as confidential commercial documents under the
provisions of the Colorado Open Records Act.
(C) Violation of any provision of this Chapter by any person, firm or corporation, whether as
Hauler, owner or occupant, shall be unlawful and subject to the penalty provisions in Section
1.04.080 of this Code. Each violation shall constitute a separate offense. (Ord. No. 26, 2005, §1)
Section 2•
Section 12.10— Space Allotment for Trash and Recycling Storage, of the Municipal Code, shall be
amended as follows:
Chapter 12.10
Space Allotment for Trash and Recycling Storage
Sec.12.10.010. Definitions
The definitions and terms used in this Chapter are defined as follows:
Commercial Building. Any premises utilizing trash collection service where a commercial,
industrial or institutional enterprise is carried on, including, without limitation, retail
establishments, restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs,
churches and public facilities. The definition of a Commercial Building shall also include
mixed-use buildings where residential space exists in the same building where a commercial,
industrial or institutional enterprise is carried on.
Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of an
existing structure (prior to commencing development) as measured by the surface of all
exterior wall and roof area above finished grade and associated assembly and components
necessary for the structural integrity of such wall and roof area.
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Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight
lodging by the general public on a short-term basis for a fee, with or without kitchens within
individual units, with or without meals provided and which has common reservation and
cleaning services, combined utilities and on-site management and reception services.
Timeshare (a.k.a. fractional) units and timeshare developments are considered Hotels for the
purposes of this Chapter. For hotels with flexible unit configurations, also known as "lock-off
units," each rentable division or "key" shall constitute a lodge unit for the purposes of this
Chapter.
Multi family Development or Project. A residential structure containing three (3) or more
attached Dwelling Units in either an over-and-under or side-by-side configuration with
common unpierced demising walls or floors/ceilings as applicable, not including hotels and
lodges, but including townhomes, that may include accessory use facilities limited to an office,
laundry, recreation facilities and off-street parking used by the occupants.
Terms not defined in this Section shall have the meaning ascribed to them as set forth in the
City of Aspen Municipal Code Section 26.104.100 or in the International Green Building Code
Chapters 10 and 11 as adopted and amended by the City of Aspen. Otherwise the common
definition applies.
Sec. 12.10.020. Applicability
This Chapter shall be applicable to:
a) All new Commercial, Multi-family and Lodge development within the City of Aspen
b) All existing Commercial, Multi-family and Lodge development that adds two (2) or more
residential units, three (3) or more lodge units, or more than 250 square feet of commercial
net leasable space.
c) All existing Commercial, Multi-family and Lodge development that meets the definition of
Demolition.
Prior to issuance of a building permit applicant shall obtain approval from the Environmental
Health Department pursuant to this Chapter.
Sec. 12.10.030. Space required for trash and recycling storage for Commercial Buildings.
All Commercial development within the Applicability Section 12.10.020 must provide
adequate space for trash and recycling storage by meeting the following standards.
(A)Adequate space for Commercial Buildings is defined as follows:
a. For Commercial Buildings that will not contain nor will have the capacity to
contain an establishment with a Retail Food Service License, as defined by the
State of Colorado Retail Food Establishment Rules and Regulations, a minimum of
twenty (20) linear feet adjacent to the alleyway must be reserved for trash and
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recycling facilities. The required area shall have a minimum vertical clearance of
ten (10) feet and a minimum depth of ten (10) feet at ground level.
b. For Commercial Buildings that will contain or that will have the capacity to contain
an establishment with a Retail Food Service License, as defined by the State of
Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty
(20) linear feet adjacent to the alleyway must be reserved for trash and recycling
storage. The required area shall have a minimum vertical clearance of ten (10) feet
and a minimum depth of fifteen (15) feet at ground level.
c. For Commercial Buildings that contain residential dwelling units, one and a half
(1.5) square feet of space for trash and recycling storage shall be added to the
minimum requirement listed in 12.10.020.0 subsections a and b for each additional
dwelling unit over five (5) units.
(B)If the property adjoins an alleyway, the trash and recycle service area shall be along and
accessed from the alleyway.
(C)For properties with no alleyway access, Special Review is required from the
Environmental Health Department. Applicant may apply for Special Review pursuant
Section 12.10.080.
(D)The required area shall not be used for parking or as vehicular access to a parking area.
(E) The required area may be used for utility equipment storage if approved by both the City
of Aspen Utility Department and Environmental Health Department.
(F) The trash and recycling areas shall be accessible to all tenants within the building in a
manner that meets the requirements of the International Building Code Chapters 10 and 11
as adopted and amended by the City of Aspen. Alleyways (vehicular rights-of-way) may
not be used as pathways (pedestrian rights-of-way) to meet the requirements of the
International Building Code.
(G)If a separate storage area for recyclable materials is provided it shall be located adjacent to
the trash collection area and must be approved by Special Review pursuant Section
12.10.080. The storage and collection of waste and recyclables should be designed to
complement each other and to operate as one (1) system.
Sec. 12.10.040. Space required for trash and recycling storage for Lodges
All Lodge development within the Applicability Section 12.10.020 must provide adequate
space for trash and recycling storage by meeting the following standards.
(A)Adequate space for Lodges is defined as follows:
a. Lodges with more than sixty (60) guest rooms that will possess or have the
capacity to possess a Retail Food Service License as defined by the State of
Colorado Retail Food Establishment Rules and Regulations must provide a
minimum of twenty (20) linear feet adjacent to the alleyway for trash and
recycling storage. The required area shall have a minimum vertical
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clearance of ten (10) feet and a minimum depth. of twenty (20) feet at
ground level.
b. Lodges with more than sixty (60) guest rooms that will not possess nor
have the capacity to possess a Retail Food Service License as defined by
the State of Colorado Retail Food Establishment Rules and Regulation
must provide a minimum of twenty (20) linear feet adjacent to the alleyway
for trash and recycling storage. The required area shall have a minimum
vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at
ground level.
c. Lodges with sixty (60) or fewer guest rooms must provide a minimum of
twenty (20) linear feet adjacent to the alleyway for trash and recycling
storage. The required area shall have a minimum vertical clearance of ten
(10) feet and a minimum depth of ten (10) feet at ground level.
(B)If the property adjoins an alleyway, the trash and recycle service area shall be
along and accessed from the alleyway.
(C)For properties with no alley access, Special Review is required from the
Environmental Health Department. Applicant may apply for Special Review
pursuant Section 12.10.080.
(D)The required area shall not be used for parking or as vehicular access to a parking
area.
(E) The required area may be used for utility equipment storage if approved by both
the City of Aspen Utility Department and Environmental Health Department.
(F) The trash and recycling areas shall be accessible to all tenants within the building
in a manner that meets the requirements of the International Building Code
Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways
(vehicular rights-of-way) may not be used as pathways (pedestrian rights-of-way)
to meet the requirements of the International Building Code.
(G)If a separate storage area for recyclable materials is provided it shall be located
adjacent to the trash collection area and must be approved by Special Review
pursuant Section 12.10.080. The storage and collection of waste and recyclables
should be designed to complement each other and to operate as one (1) system.
Sec. 12.10.050. Space required for trash and recycling storage for Multi-Family Developments
All Multi-Family development within the Applicability Section 12.10.020 must provide
adequate space for trash and recycling storage by meeting the following standards.
(A)Adequate space for Multi-Family Developments is defined as follows:
a.Multi-Family Developments including ten (10) or fewer dwelling units shall
provide a minimum of twelve (12) linear feet for trash and recycling storage. The
required area shall have a minimum vertical clearance of ten (10) feet and a
minimum depth of ten (10) feet at ground level.
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b. Multi-Family Developments including more than ten (10) and fewer
than thirty (30) dwelling units shall provide an additional one and a half (1.5)
square feet for each additional dwelling unit over ten (10), in addition to the
required one hundred and twenty (120) square feet described in Section
12.10.050.A subsection (a) above.
c.Multi-Family Developments that include thirty (30) or more dwelling units
shall provide a minimum of one hundred fifty (150 ) square feet of space for
trash and recycling storage plus an additional one hundred fifty (150) square feet
for every increment of thirty (30) additional units over fifty nine (59). This space
may be located in a central collection area or may be divided into smaller
collection areas located in different locations throughout the property. If smaller,
separate collection areas are planned, no single area may measure fewer than one
hundred and twenty (120) square feet.
(B)The required area shall not be used for parking or as vehicular access to a parking
area.
(C) The area may be used for utility equipment storage if approved by both the City of
Aspen Utility Department and Environmental Health Department.
(D) The trash and recycling areas shall be accessible to all tenants within the
development in a manner that meets the requirements of the International
Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen.
Alleyways (vehicular rights-of-way) may not be used as pathways (pedestrian
rights-of-way) to meet the requirements of the International Building Code.
(E) If a separate storage area for recyclable materials is provided it shall be located
adjacent to the trash collection area and must be approved by Special Review
pursuant Section 12.10.080. The storage and collection of waste and recyclables
should be designed to complement each other and to operate as one (1) system.
Sec. 12.10.060. Change of Use
All requests to change the designated use of a property between the development categories,
as described in Section 26.470.070, are required to meet the requirements of this chapter.
Sec. 12.10.070. Shared space and shared waste contracts
(A)If a dumpster, trash compactor, recycling bin or storage area for trash or recycling is
intended to be used by occupants or tenants of two (2) or more separate Commercial
Buildings, Lodges, or Multi-Family developments a recorded agreement burdening both
properties must be submitted as an attachment to the permit.
This agreement must show that both properties will have adequate storage space for trash
and recycling and these designated storage areas must comply with the standards set forth
in this Chapter.
(B)If shared space is part of the permit approval the applicant must indicate how the
requirements from the Chapter will be met if the agreement between parties or properties
becomes null and void or is otherwise terminated.
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Sec. 12.10.080. Special Review
(A)The City of Aspen Environmental Health Department may reduce the required
dimensions of the trash and recycling area or may approve a trash and recycling area
with a different configuration by Special Review and in accordance with the standards
set forth below in Subsection 12.10.080.0
(B)An applicant may request an exemption from some or all of the provisions of this
Chapter by applying for Special Review from the Environmental Health Department.
(C)Applicants are eligible for Special Review consideration if:
a. The property does not adjoin an alleyway
b. The applicant wishes to separate the trash and recycling areas
c. The applicant is proposing a reduced size for the trash and recycling area
d. The applicant feels the requirements of this Chapter cannot be met given the
nature of the property.
(D)Applicants requiring or requesting Special Review shall submit a written explanation
of the reasoning behind applying for Special Review. The applicant must show how
trash and recycling will be properly disposed of and stored.
(E) The Environmental Health Department may reduce the required dimensions of a trash
and recycling service area if.
(i) There is demonstration that, given the nature of the potential uses of the
building and its total square footage, the trash and recycling area
proposed will be adequate;
a. For the purposes of approvals, adequate will be defined as follows:
i. For a Commercial, Lodge or Multi-Family building the
space must accommodate and provide access to the
following types of bins, at the minimum:
One (1) garbage collection bin
One (1) comingled container recycling collection bin
One (1) office paper recycling collection bin
One (1) newspaper/magazine recycling collection
bin
One (1) cardboard recycling collection bin or
collection area where boxes can be stacked and
contained in an enclosed space; and
ii. Access by both the tenants and the waste hauling companies
to the trash and recycling service area is adequate; and
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iii. Measures are provided for locating and enclosing trash bins
and making them easily movable by trash personnel; and
iv. The proposed area meets the requirements to the greatest
extent practicable given physical constraints of the property
or existing improvements.
(F) The Environmental Health Department shall consider the Special Review within
thirty (30) days of the date of permit submittal. The Environmental Health Department
shall issue a written decision to the applicant.
Sec. 12.10.090. Appeal Procedures
(A) An applicant may appeal the decision of the Environmental Health Department by
filing a notice of appeal on a form prescribed by the Administrative Hearing Officer as
defined in and pursuant to Chapter 26.222 of the City of Aspen Municipal Code. The notice
of appeal shall be filed with the Administrative Hearing Officer within fourteen (14) days of
the date of the decision or determination being appealed. Failure to file such notice of appeal
within the prescribed time shall constitute a waiver of any rights under this Chapter to appeal
any decision or determination.
(B)The Administrative Hearing Officer authorized to hear the appeal shall consider the
appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as
is practical under the circumstances.
(C)Unless otherwise specifically stated in this Chapter, the Administrative Hearing
Officer authorized to hear the appeal shall decide the appeal based solely upon the written
decision and record established by the Environmental Health Department. A decision or
determination shall not be reversed or modified unless there is a finding that there was a
denial of due process or the administrative body has exceeded its jurisdiction or abused its
discretion.
(D)The Administrative Hearing Officer may reverse, affirm or modify the decision or
determination appealed from and, if the decision is modified, shall be deemed to have all the
powers of the Environmental Health Department, including the power to impose reasonable
conditions to be complied with by the appellant. The Administrative Hearing Officer may also
elect to remand an appeal to the Environmental Health Department for further proceedings
consistent with that body's jurisdiction and directions given, if any, by the Administrative
Hearing Officer. The decision shall be approved by written resolution. All appeals shall be
public meetings. The Administrative Hearing Officer's decision shall be submitted to both
the Environmental Health Department and the applicant in writing.
Section 3•
Section 26.104.100, Definitions, Utility/trash service area, of the Land Use Code, shall be amended
as follows:
Ordinance 13, Series of 2013—Trash and Recycle code changes
Page 13 of 18
Utility/trash service area. An area approved or designated for the placement of garbage or trash
containers or mechanical equipment, accessory to a principal structure or use.
Section 4:
Section 26.412.060(B), Commercial Design Review, Commercial Design Standards, Utility,
deliver and trash service provision, of the Land Use Code, shall be amended as follows:
B. Utility, delivery, trash and recycle service provision. When the necessary logistical
elements of a commercial building are well designed, the building can better contribute to the
overall success of the district. Poor logistics of one (1) building can detract from the quality of
surrounding properties. Efficient delivery and trash areas are important to the function of
alleyways. The following standards shall apply:
1. A trash and recycle service area shall be accommodated on all projects and shall meet the
minimum size and location standards established by Title 12, Solid Waste, of the Municipal
Code, unless otherwise established according to said Chapter.
2. A utility area shall be accommodated on all projects and shall meet the minimum standards
established by Title 25, Utilities, of the Municipal Code, the City's Electric Distribution
Standards, and the National Electric Code, unless otherwise established according to said
Codes.
3. All utility, trash and recycle service areas shall be co-located and combined to the greatest
extent practical.
4. If the property adjoins an alleyway, the utility, trash and recycle service areas shall be
along and accessed from the alleyway, unless otherwise approved through Title 12, Solid
Waste, of the Municipal Code, or through Chapter 26.430, Special Review.
5. All utility, trash and recycle service areas shall be fenced so as not to be visible from the
street, unless they are entirely located on an alleyway or otherwise approved though Title 12,
Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. All fences
shall be six (6) feet high from grade, shall be of sound construction, and shall be no less than
ninety percent (90%) opaque, unless otherwise varied through Chapter 26.430, Special
Review.
6. Whenever utility, trash, and recycle service areas are required to be provided abutting an
alley, other portions of a building may extend to the rear property line if otherwise allowed by
this Title, provided that the utility, trash and recycle area is located at grade and accessible to
the alley.
7. All utility service pedestals shall be located on private property. Easements shall allow for
service provider access. Encroachments into the alleyway shall be minimized to the extent
practical and should only be necessary when existing site conditions, such as an historic
resource, dictate such encroachment. All encroachments shall be properly licensed.
Ordinance 13, Series of 2013—Trash and Recycle code changes
Page 14 of 18
8. All commercial and lodging buildings shall provide a delivery area. The delivery area
shall be located along the alley if an alley adjoins the property. The delivery area shall be
accessible to all tenant spaces of the building in a manner that meets the requirements of the
International Building Code Chapters 10 and 11 as adopted and amended by the City of
Aspen. All non-ground floor commercial spaces shall have access to an elevator or
dumbwaiter for delivery access. Alleyways (vehicular rights-of-way) may not be utilized as
pathways (pedestrian rights-of-way) to meet the requirements of the International Building
Code. Any truck loading facility shall be an integral component of the building. Shared
facilities are highly encouraged.
9. All commercial tenant spaces located on the ground floor in excess of 1,500 square feet
shall contain a vestibule (double set of doors) developed internal to the structure to meet the
requirements of the International Energy Conservation Code as adopted and amended by the
City of Aspen, or an air curtain.
10. Mechanical exhaust, including parking garage ventilation, shall be vented through the
roof. The exhaust equipment shall be located as far away from the street as practical.
11. Mechanical ventilation equipment and ducting shall be accommodated internally within
the building and/or located on the roof, minimized to the extent practical and recessed behind
a parapet wall or other screening device such that it shall not be visible from a public right-of-
way at a pedestrian level. New buildings shall reserve adequate space for future ventilation
and ducting needs.
12. The trash and recycling service area requirements may be varied pursuant to Title 12,
Solid Waste, of the Municipal Code. All other requirements of this subsection may be varied
by special review (see Chapter 26.430.040,E, Utility and delivery service area provisions).
Section 5•
Section 26.430.030, Special Review, Applicability, of the Land Use Code, shall be amended as
follows:
26.430.030. Applicability.
Special review shall apply to all development in the City designated for special review by the
following chapters or sections of this Title:
• Dimensional requirements (Chapter 26.710—Zone Districts)
• Replacement of nonconforming structures (Chapter 26.312)
• Reduction of open space requirements in CC Zone District (Subsection 26.575.030.B)
• Off-street parking requirements (Section 26.515.040)
• Reductions in the dimensions of utility and delivery service area provisions (Section
26.412.060.13)
• Subdivision standards (Section 26.480.050)
• Accessory Dwelling Unit Design Standards (Chapter 26.520)
• Wireless telecommunications facilities and/or equipment (Section 26.575.130)
• Affordable housing unit standards (Section 26.470.070.4)
Ordinance 13, Series of 2013—Trash and Recycle code changes
Page 15 of 18
Section 6•
Section 26.430.040(E), Special Review, Review standards for special review, Utility/trash service
area, of the Land Use Code, shall be amended as follows:
26.430.040.Review standards for special review.
E. Utility and delivery service area provisions. Whenever a special review is conducted to
determine a change in any utility and delivery service area requirements, the following criteria
shall be met:
1. There is a demonstration that, given the nature of the potential uses of the building and its
total square footage, the utility service area and delivery area proposed will be adequate.
2. Access to the utility and delivery service area is adequate to accommodate all necessary users.
3. The area for public utility placement and maintenance is adequate and safe for the placement
of utilities.
Section 7•
Section 26.430.060(C), Special Review, Application, of the Land Use Code, shall be amended as
follows:
26.430.060(0) Application.
C. An analysis of the characteristics of similarly situated properties in the same Zone District and
of neighboring parcels with respect to whether these properties comply with the dimensional, off-
street parking or utility and delivery service area requirement which is subject to special review.
Section 8•
Section 26.430.080, Special Review, Modification of requirements, of the Land Use Code, shall be
amended as follows:
26.430.080.Modification of requirements.
If the dimensional requirements, off-street parking, signage or reduction in access to utility or
delivery service areas for a proposed development are expressly modified by a valid conditional
use or other valid development permit or approval, the proposed development must comply with
such modified requirements.
Section 9•
Section 26.430.090(A), Special Review, Amendment of development order, Insubstantial
amendment, of the Land Use Code, shall be amended as follows:
26.430.090(A) Amendment of development order.
A. Insubstantial amendment. An insubstantial amendment to an approved development order
for special review may be authorized by the Community Development Department Director. An
insubstantial amendment shall be limited to technical or engineering considerations first
discovered during actual development which could not reasonably be anticipated during the
approval process. An insubstantial amendment shall include a change to the design of approved
Ordinance 13, Series of 2013—Trash and Recycle code changes
Page 16 of 18
off-street parking or to the configuration of a utility or delivery service area. An insubstantial
amendment shall not include:
1. Any increase in a dimensional requirement established by special review.
2. Any decrease in the number of off-street parking spaces established by special review.
3. Any decrease in the size of a utility or delivery service area established by special review.
Section 10:
Section 26.575.060, Miscellaneous Supplemental Regulations, Utility/trash/recycle service areas, of
the Land Use Code, shall be deleted in its entirety.
Section 11:
Section 26.575.180, Miscellaneous Supplemental Regulations, Required Delivery Area and
Vestibules for Commercial Buildings, of the Land Use Code, shall be deleted in its entirety.
Section 12: Effect Upon Existing Litigation.
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 13: Severability.
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 14: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become
effective thirty(30) days following final passage.
Section 15:
A public hearing on this ordinance shall be held on the 22nd day of April, 2013, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of
the City of Aspen on the 8h day of April, 2013.
Attest:
Kathryn S. ch, City Clerk Michael C. Ir and, ayor
Ordinance 13, Series of 2013—Trash and Recycle code changes
Page 17 of 18
FINALLY, adopted,passed and approved this 22"a day of April,2013.
Attest:
Kathryn S. 51ch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
f.
City Attorney
Ordinance 13, Series of 2013—Trash and Recycle code changes
Page 18 of 18
Ad Name: 9067224A LEGAL NOTICE
ORDINANCE#13,2013 PUBLIC HEARING
Customer: Aspen LEGALS Ordinance#13, of was adopted on
p � � City Of first reading at t the City Council meeting April 8,
2013. This ordinance,if adopted will amend the
Your account number: 1013028 trash/utility/recycling area requirements. The pub-
lic hearing on this ordinance is scheduled for April
22,2013,at 5 PM,City hall,130 South Galena.
To see the entire text,go to the city's legal notice
website
PROOF OF PUBLICATION http://www.aspenpitkin.com/Departments/Clerk/Le-
gal-Notices/
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
T31 A2:1 TIMZI Published in the Aspen Times Weekly on April 11,
2013. [9067224]
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed,in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein; that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 4/11/2013 and that the last publication of
said notice was in the issue of said newspaper dated
4/11/2013.
In witness whereof,I have here unto set my hand
this 04/15/2013.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 04/15/2013.
Mary E.Borkenhagen,Notary Public
"„,,11114y Commission expires:September 12,2015
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