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RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING A SUBSTANTIAL AMENDMENT FOR MAJOR DEVELOPMENT FOR
THE PROPERTY LOCATED AT LOT B OF THE BECK HISTORIC LOT SPLIT, 507
GILLESPIE STREET, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 21, SERIES OF 2013
PARCEL ID: 2735-121-11-007
WHEREAS, the applicant, John Rowland and Sarah Broughton, requested a Substantial
Amendment to HPC Resolution #10, Series of 2007 and HPC Resolution #35, Series of 2007, for
Major Development for 507 Gillespie Street, Lot B of the Beck Historic Lot Split, City and
Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, at their regular meeting on March 28, 2007, the HPC considered the application,
found the application was consistent with the review standards and the City of Aspen Historic
Preservation Design Guidelines, and approved Resolution #10 of 2007 granting Conceptual
Approval for Major Development and Variances by a vote of 3 —0; and
WHEREAS, at their regular meeting on August 22, 2007 the HPC considered the application,
found the application was consistent with the review standards and the City of Aspen Historic
Preservation Design Guidelines, and approved Resolution #35 of 2007 granting Final Approval
for Major Development by a vote of 3 —0; and
WHEREAS, at their regular meeting on October 25, 2010 the Aspen City Council considered an
application for a 3 year extension of vested rights and approved Resolution #88 of 2010 granting
an extension of vested rights to September 9, 2013; and
WHEREAS, Section 26.415.070.E.2 of the Municipal Code states that " all changes to approved
plans that materially modify the location, size, shape, materials, design, detailing or appearance
of the building elements as originally depicted must be approved by the HPC as a substantial
amendment; and
WHEREAS, the HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City of Aspen Historic
Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary to make a decision to approve
or deny; and
507 Gillespie— Substantial Amendment
HPC Resolution# 21, 2013
Page 1 of 3
WHEREAS, Sara Adams, in her staff report dated June 12, 2013, performed an analysis of the
application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines were met, and recommended approval, and found the
review standards for a setback variance were not met and recommended denial; and
WHEREAS, at their regular meeting on June 12, 2013, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
"City of Aspen Historic Preservation Design Guidelines", and found that the setback variance
was consistent with the review standards, and approved the application by a vote of six to zero (6
—0).
NOW, THEREFORE, BE IT RESOLVED:
HPC grants approval for a Substantial Amendment to Resolution #10, Series of 2007 and
Resolution #35, Series of 2007 for the property located at 507 Gillespie Street with the following
conditions:
1. Landscape:
a. All planting in the right of way is subject to Parks Department review and
approval.
b. Landscaping in the public right of way will be subject to landscaping in the ROW
requirements.
c. The perennial bed located in the right of way is not approved.
d. An encroachment license is required prior to building permit issuance for the
lightwell that is located within the ditch easement on the west elevation.
e. All planting and construction in the ditch easement is subject to Utilities
Department review and approval.
2. Height: A height of about 23 ft. 4 in. is approved as presented.
3. Roof Forms/Massing:
a. The roof overhang of the east side of the front porch shall be reduced a minimum
of 18" for review and approval by Staff and monitor.
4. Materials:
a. The materials are approved as presented.
b. The solar panels shall match the pitch of the roof they are located. The
configuration and number of panels shall be approved by Staff and monitor.
5. Setback Variance:
a. The west side yard setback variance of 18" is granted.
6. All approvals and conditions granted during Conceptual (Resolution #10, Series of 2007)
and Final (Resolution #35 Series of 2007) Review are valid, with the exception of the
approvals specified herein.
7. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
507 Gillespie— Substantial Amendment
HPC Resolution # 21, 2013
Page 2 of 3
APPROVED BY THE COMMISSION at its regular eeting on the 12th ay June 2013.
ws er McLeod, Vice Chair
Ap roved as to Form:
,
Debbie Quinn, Assistant City Attorney
ATTEST:
"Kathy St Ackland, Chief Deputy Clerk
Exhibit A: Approved elevations and site plan
Exhibit B: 2006 Land Use Code— Section 26.575.020. Calculations and Measurements
507 Gillespie—Substantial Amendment
HPC Resolution # 21, 2013
Page 3 of 3
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Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS G Z'
Sections:
26.575,010 General,
26.575,020 Calculations and measurements.
26.575.030 Open Space.
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.
26.515.080 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.
26.575.010 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 follow-
ing applies:
1. General. In measuring floor area for the purposes of calculating floor area ratio and allow-
able 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,
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, terraces
City of Aspen Land Use Code, June,1005
Part 500, Page 60
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 included).
Porches 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
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 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.
In the R-113 zone district; garage, carport, and storage areas shall be limited to a five hun-
dred (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,
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
DO 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.)
b. Also excluded from floor area calculations shall be any portion of a subgrade accessory
dwelling unit whose exterior surface wall area is exposed above grade for glass,window
openings, doors, and similar ways of getting light and air into the unit, or that provides
required Uniform Building Code egress to the unit.The maximum amount of this exclu-
sion shall be one hundred(100) s.f of the floor area of the accessory dwelling unit.
c. For any dwelling unit that Can be accessed fi•om 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 ex-
clusions described in sub-sections a.and b, if it is located along said alley or road.
City of Aspen Land Use Code. June,2005
Part 500,Page 61
d. 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. 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 (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 Aspen/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.
7. Affordable Housing Bonus, The Floor Area of a parcel containing a single-family or du-
plex 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.
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.
B. Building Heights.
1. Methods ofMeasuremenf 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:
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'1:12 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
City of Aspen.Land Use Code, June,2005
Pa;,t 500,Page 62
f
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
excluded, The total reduction in FAR attributable to slope reduction for a given site shall not ex-
ceed 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 in-
clude any lands dedicated to the City of Aspen or Pitkin 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 20%slope,
D. 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. Porches, roofs, or balcony overhangs, cantilevered building elements and similar
! City'of Aspen Land Use Code. June,2005
Part 500,Page 63
features extending directly over grade shall be excluded from maximum allowable site coverage
calculations.
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 assem-
blies above finished grade and all existing roof assemblies.Not counted in the existing exte-
rior 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 as-
sociated 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
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 re-
quirement to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances
City of Aspen Land Use Code. June,2005 . .
Part 500,Page 64
shall not affect the calculation of actual physical demolition. Additional requirements or restric-
tions 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 Pedestrian Amenity
A. Purpose. The City of Aspen seeks a vital, pleasant downtown pedestrian environment. Pe-
destrian Amenity contributes to an attractive downtown retail district by creating public places and
settings conducive to an exciting pedestrian shopping and entertainment atmosphere. Pedestrian
amenity can take the form of physical or operational improvements to public rights-of-way or pri-
vate property within commercial areas. Pedestrian Amenity provided on the subject development
site is referred to as On-Site Pedestrian Amenity in this section.
B, Applicability and Requirement, The requirements of this Section shall apply to the devel-
opment of all land within the area bounded by Main Street, Original Street,Dean Street, and Aspen
Street. This area represents Aspen's primary pedestrian-oriented commercial district. The linear
extension of the centerline of these streets shall be used to determine the boundary in instances
where these streets are not developed or do not connect. .Whenever a parcel straddles this bound-
- ary, the requirement shall be lessened proportionately(based on land area)for that parcel.
Twenty-five (25) percent of each parcel within the applicable area shall be provided as Pedestrian
Amenity. For redevelopment of parcels on'which less than this twenty-five (25) percent currently
exists, the existing (prior to redevelopment) percentage shall be the effective requirement provided
no less than ten (10)percent is required. For redevelopment of parcels in which ten (10) percent of
the parcel is the requirement, provision of a casli-in-lieu payment shall be automatically permitted
with no further review.
Exempt from these provisions shall be development consisting entirely of residential uses. Also
exempt from these provisions shall be the redevelopment of parcels where no on-site pedestrian
amenity currently exists, provided the redevelopment is limited to replacing the building in its same
dimensions as measured by footprint, height, and floor area.
C. Provision of Pedestrian Amenity.
The Planning and Zoning Commission, pursuant to the review procedures and criteria of Section
26.412 — Commercial Design Review, shall determine the appropriate method or combination of
methods for providing this required amenity, Any combination of the following methods may be
used such that the standard is reached.
1. On-Site Provision of Pedestrian Amenity. A portion of the parcel designed in a manner
meeting the Design and Operational Standards for On-Site Pedestrian Amenity, Section
City of Aspen Land Use Code. June,2005
Part 500,Page 65'
26.575.030(C). The Planning and Zoning Commission shall review the site plan, pursuant
to section 26.412, Commercial Design Review.
2. Off-Site Provision of Pedestrian Amenity. Proposed pedestrian amenities and improvements
to the pedestrian environment within proximity of the development site may be approved by
the Planning and Zoning Commission, pursuant to Section 26.412 — Commercial Design
Review. These may be improvements to private property, public property, or public rights-
of-way. An easement.providing public access over an existing public amenity space for
which no easement exists may be accepted if such easement provides permanent public ac-
cess and is acceptable to the City Attorney. Off-Site improvements shall equal or exceed
the value of an otherwise required cash-in-lieu payment and be consistent with any public
infrastructure or capital improvement plan for that area.
3. Cash-in-lieu Provision. The Planning and Zoning Commission, pursuant to Section 26.412
— Commercial Design Review, may accept a cash-in-lieu payment for any portion of re-
quired pedestrian amenity not otherwise physically provided, according to the procedures
and limitations of Section 26.575.030.E,Cash-in-Lieu Payment.
4. Alternative Method. The Planning and Zoning Commission, pursuant to Section 26.412 —
Commercial Design Review, may accept any method of providing Pedestrian Amenity not
otherwise described herein if the Commission finds that such method equals or exceeds the
value, which maybe non-monetary community value, of an otherwise required cash-in-lieu
payment.
D. Reduction of Requirement. The Planning and Zoning Commission, or Historic Preservation
Commission as applicable, pursuant to the procedures and criteria of Section 26.412—Commercial
Design Review — may reduce the pedestrian amenity requirement by any amount, such that no
more than half the requirement is waived, as an incentive for well-designed projects having a posi-
tive contribution to the pedestrian environment. The resulting requirement may not be less than
10%.
The Historic Preservation Commission may reduce by any amount the requirements of this section
for Historic Landmark properties upon one of the following circumstances:
1. When the Historic Preservation Commission approves the on-site relocation of a Historic
Landmark such that the amount of on-site pedestrian space is reduced below that required
by this Chapter.
2. When the manner in which a Historic Landmark building was originally developed reduces
the amount of on-site pedestrian amenity required by this Chapter.
3. )NIhen the redevelopment or expansion of a Historic Landmark constitutes an exemplary
preservation effort deserving of an incentive or reward.
E. Payment in lieu. When the method of providing pedestrian amenity includes a, cash-in-lieu
payment, the following provisions and limitations shall apply:
Cite of Aspen Land Use Code. June,2005
Part 500,Page 66.
Formula for determining cash-in-lieu payment:
Payment = [Land Value]x [Pedestrian Amenity Percentage]
Where: Land Value =Value of the unimproved land.
Pedestrian Amenity Percentage =Percent of the parcel required to be provided as
a pedestrian amenity, pursuant to Section 26.575.030(B) lessened by other meth-
ods of providing the amenity.
Land Value shall be the lesser of fifty (50) dollars per square foot multiplied by the number
of square feet constituting the parcel or the appraised value of the unimproved property, de-
termined by the submission of a current appraisal performed by a qualified professional real
estate appraiser and verified by the Community Development Director. An applicant may
only waive the current appraisal requirement by accepting the fifty (50) dollar per square
foot standard.
Acceptance of a cash-in-lieu of Pedestrian Amenity shall be at the option of the Planning
and Zoning Commission, or the Historic Preservation Commission as applicable, pursuant
to Section 26.412— Commercial Design Review. The payment-In-lieu of pedestrian amen-
ity shall be due and payable at the time of issuance of a building permit.The City Manager,
upon request, may allow the required payment-in-lieu to be amortized in equal payments
over a period of up to five years, with or without interest.
All funds shall be collected by the Community Development Director and transferred to the
Finance Director for deposit in a separate interest bearing account. Monies in the account
shall be used solely for the purchase,development, or capital improvement of land or public
rights-of-way for open space, pedestrian amenity, or recreational purposes within or adja-
cent to the applicable area in which this requirement applies. Funds may be used to acquire
public use easements.
Fees collected pursuant to this section may be returned to the then present owner of prop-
erty for which a fee was paid, including any interest earned, if the fees have not been spent
within seven (7) years from the date fees were paid, unless the City Council shall have ear-
marked the funds for expenditure on a specific project, in which case the City Council may
extend the time period by up to three (3) more years. To obtain a refund, the present owner
must submit a petition to the Finance Director within one (1) year following the end of the
seventh (7th)year from the date payment was received.
For the purpose of this section, payments shall be spent in the order in which they are re-
ceived. Any payment made for a project for which a building permit is canceled, due to
non-commencement of construction, may be refunded if a petition for refund is submitted to
the finance director within three (3) months of the date of the cancellation of the building
permit. All petitions shall be accompanied by a notarized, sworn statement that the peti-
tioner is the current owner of the property and by a copy of the dated receipt issued for pay-
ment of the fee.
f
City of Aspen Land Use Code. June,2005
Part 500;Page 67
1
F. Design and Operational Standards for Pedestrian Amenity. Pedestrian amenity, on all pri-
vately-owned land in which pedestrian amenity is required, shall comply with the following
provisions and limitations:
1. Open to Vieti,. Pedestrian amenity areas shall be open to view from the street at pedestrian
level, which view need not be measured at right angles.
2. Open to 64. Pedestrian amenity areas shall be open to the sky. Temporary and seasonal
coverings, such as umbrellas and retractable canopies are permitted. Such non-permanent
structures shall not be considered as floor area or a reduction in pedestrian amenity on the
parcel.
Trellis structures shall only be permitted in conjunction with commercial restaurant uses on
a designated Historic Landmark or within (H)Historic overlay zones and must be approved
pursuant to review requirements contained in Chapter 26.415 —Development Involving the
Aspen Inventory of Historic Landmark Sites and Structures or Development within a His-
toric District. Such approved structures shall not be considered as floor area or a reduction
in pedestrian space on the parcel.
3. No Walls/Enclosures. Pedestrian amenity areas shall not be enclosed. Temporary struc-
tures, tents, air exchange entries, plastic canopy walls, and similar devices designed to en-
close the space are prohibited, unless approved as a temporary use, pursuant to Section
26.450. Low fences or walls shall only be permitted within or around the perimeter of pe-
destrian space if such structures shall permit views from the street into and throughout the
pedestrian space.
4. Prohibited Uses. Pedestrian amenity areas shall not be used as storage areas, utility/trash
service areas, delivery area, parking areas or contain structures of any type, except as spe-
cifically provided for herein. Vacated rights-of-way shall be excluded from pedestrian
amenity calculations.
5. Grade Limitations. Required pedestrian amenity shall not be more than four (4) feet above
or two (2) feet below the existing grade of the street or sidewalk which abuts the pedestrian
space, unless the pedestrian amenity space shall follow undisturbed natural grade, in which
case there shall be no limit on the extent to which it is above or below the existing grade of
the street.
6. Pedestrian Links. In the event that the City of Aspen shall have adopted a trail plan incorpo-
rating mid-block pedestrian links, any required pedestrian space must, if the city shall so
elect, be applied and dedicated for such use.
7. Landscapin Plan, Prior to issuance of a building permit, the Community Development Di-
rector shall require site plans and drawings of any required pedestrian amenity area, includ-
ing a landscaping plan, and a bond in a satisfactory form and amount to insure compliance
with any pedestrian amenity requirements under this title.
8. Maintenance of Landscaping. Whenever the landscaping required herein is not maintained, {'
the Chief Building Official, after thirty (30) days written notice to the owner or occupant of
City of Aspen.Land Use Code. June,2005
Part 500,Page 68
the property; may revoke the certificate of occupancy until said party complies with the
landscaping requirements of this section.
9. Commercial Activity. No area of a building site designated as required pedestrian amenity
space under this section shall be used for any commercial activity, including, but not limited
to, the storage, display, and merchandising of goods and services; provided, however, that
the prohibition of this subsection shall not apply when such use is in conjunction with per-
mitted commercial 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), Administrative Growth Management Review.
10, Commercial Restaurant Use. The provisions above notwithstanding, required pedestrian
amenity space may be used for commercial restaurant use if adequate pedestrian and emer-
gency vehicle access is maintained.
(Ord. No. 55-2000, § 15; Ord.No. 1-2002 § 16,2002; Ord. No. 23-2004, §3;Ord. No. 5, 2005, §2)
26.575.040 Yards.
The following supplemental regulations shall apply to all 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 Uniform 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, 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)
S City of Aspen Land Use Code. June,2005
Part 500,Page 69
I
inches above or below grade. Parking is only permitted within required setbacks if it is in an t
approved driveway or other area approved for parking.
8. Exterior merchandizing. Exterior merchandizing in non-residential zone districts shall be
prohibited in all required yard set backs.
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 fi•om the lot line. Please refer to Figure 575.1, Required Setback from a Pri-
vate 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, such yard to meet minimum setbacks
for a front yard in that zone district. The remaining yard bordering a street may be reduced by.one-
third (1/3)of the required front yard setback distance for the zone district. The rear yard must coin-
cide with the rear alignment of neighboring lots regardless of which yard is'considered the front
yard by the owner.
City of Aspen Land Use Code. June,2005.
Part 500,Page 70
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 Iot which are opposite
from each other.
26.575.045 Junk Yard and Service Yards.
Junk yards (see definition, Section 25.104.100) shall be screened from the view of other lots, struc-
tures, uses and rights-of-way. Service yards (See definition, Section.26..104.100) shall be fenced so
as not to be visible from the street, and such fences shall be a minus mi six (6) feet high from
grade. All fences shall be of sound construction and shall have not more than ten(10)percent open
area.
26.575.050 Fences.
Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet
above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter
26.410). Fences visible from the public rigbi-of-way shall be constructed of wood, stone,wrought
iron or masonry. On corner lots,no fence,retaining wall, or similar object shall be erected or main-
tained which obstructs the traffic vision, nor on corner lots shall any fence,retaining wall, or simi-
lar obstruction be erected or maintained which exceeds a height of forty-two (42)inches; measured
from street grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing pro-
posed construction, material, location and height shall be presented to the building inspector before
a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that
it will not obstruct vehicular visibility at intersections. (Ord.No. 55-2000, § 16)
26.575.060 Utility/Tras"ecycle Service Areas.
A. GeneraC The following provisions shall apply to all utility/trash service areas:
1. If the property adjoins an alleyway, the utility/trash/recycle service area shall be along
and accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash
service areas shall be fenced so as not to be visible from the street, and such fences shall
be six (6)feet high from grade.All fences shall be of sound construction and shall be no
less than 90% opaque.
City of Aspen Land Use Code. June,2005
Part 500,Page 71
J
7. Access ways. In addition to ingress and egress requirements of the Building Code, access to
and from wireless telecommunication services facilities and equipment shall be regulated as
follows:
a. No wireless communication device or facility shall be located in a required parking,
maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in any
way impairs,the intent or functionality of the original design.
b. The facility must be secured from access by the general public but access for emergency
services must be ensured. Access roads must be capable of supporting all potential
emergency response vehicles and equipment.
c. The proposed easement(s) for ingress and egress and for electrical and telephone shall
be recorded at the Pitkin County Clerk and Recorder's Office prior to the issuance of
building permits. (Ord.No. 1-2002 § 18, 2002; Ord.No, 53-2003,§14, 15)
26.575.140 Accessory uses and accessory structures.
An accessory use shall not be construed to authorize a use not otherwise permitted in the zone dis-
trict in which the principal use or structure to which it is accessory. An accessory use or structure
may not be established prior to the establishment of the principal use or structure to which it is ac-
cessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities suf-
ficient to render them suitable for permanent residential occupation.
26.575.150 Outdoor lighting.
A. Intent and purpose. The City of Aspen has experienced a significant increase in the use of
exterior illumination. City residents value small town character and the qualities associated with
this character, including the ability to view the stars against a dark sky, They recognize that inap-
propriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant condi-
tions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric
power. It is also recognized that some exterior lighting is appropriate and necessary.
This section is intended to help maintain the health, safety, and welfare of the residents of Aspen
through regulation of exterior lighting in order to;
a. Promote safety and security;
b. Help preserve the small town character;
c. Eliminate the escalation of nighttime light pollution;
d. Reduce glaring and offensive light sources;
e. Provide clear guidance to builders and developers;
f, Encourage the use of improved technologies for lighting;
g. Conserve energy; and,
h. Prevent inappropriate and poorly designed or installed outdoor lighting,
City of Aspen hand Use Code. June,2005
Part 500,Page 87
B. Applicability. The lighting standards of this section shall be applicable to all outdoor lighting
within the City of Aspen. Existing outdoor lighting shall be considered legal non-conforming light-
ing for one year from the adoption date of this ordinance.
C. Definitions.
(a) Fully shielded light: light fixtures shielded or constructed so that no light rays are directly
emitted by the installed fixture'at angles above the horizontal plane as certified by a photo-
metric test report. The fixture must also be properly installed to effectively down direct
light in order to conform with the definition.
(b) Foot-candles: a unit of illumination of a surface that is equal to one lumen per square foot.
For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft.
above finished grade.
(c) Fixture Height: height of the fixture shall be the vertical distance from the ground directly
below the centerline of the fixture to the lowest direct light emitting part of the fixture.
(d) High Intensity Discharge Light Source (HID): Light sources characterized by an arc tube or
discharge,capsule that produces light, with typical sources being metal halide, high pressure
sodium, and other similar types which are developed in accordance with accepted industry
standards.
(e) Point Light Source: the exact place from which illumination is produced (i.e., a light bulb
filament or discharge capsule).
(f) Light Trespass: the shining of light produced by a light fixture beyond the boundaries of the
property on which it is located.
D. Lighting Plans.
(a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivi-
sion, planned unit development, development within any environmentally sensitive area,
special review application, and building permit application for a commercial or multi-
family building. Such lighting plans shall be subject to establishment and approval through
the applicable review processes. Said lighting plan shall show the following:
(1) The location and height above grade of light fixtures;
(2) The type (such as incandescent,halogen, high pressure sodium) and luminous inten-
sity of each light source;
(3) The type of fixture(such as floodlight, full-cutoff,lantern,coach light);
(4) Estimates for site illumination resulting from the lighting, as measured in foot-
candles,.should include minimum, maximum and average illumination. Comparable
City of Aspen Land Use Code. June,2005
Part 500,Page 88
examples already in the community that demonstrate technique, specification, and/or
light level should be provided if available to expedite the review process; and
(5) Other information deemed necessary by the Community Development Director to
document compliance with the provisions of this Article.
(b) Single family and duplex building shall be in compliance with the standards of Section
26.575,090.
E. Non-Residential Lighting Standards. The following lighting standards shall be applicable to all
non-residential properties including mixed.uses:
(a) Outdoor lighting used to-illuminate parking spaces, driveways, maneuvering areas, or
buildings shall conform to the definition for "fully shielded light fixtures" and be de-
signed, arranged and screened so that the point light source shall not be visible from ad-
joining lots or streets. No portion of the bulb or direct lamp image may be visible be-
yond a distance equal to or greater than twice the mounting height of the fixture. For
example,for a fixture with a mounting height of twelve(12) feet, no portion of the bulb
or direct lamp image may be visible from twenty-four (24) feet away in any direction.
The light level shall not exceed 10 foot-candles as measured three feet above fmished
grade. Exemptions may be requested for areas with high commercial, pedestrian, or ve-
hicular activity up to a maximum of 20 foot-candles.
(b) Outdoor lighting shall be 12 ft. or less in height unless it meets one of the following cri-
teria:
• The lighting is fully shielded and the point light source is not visible be-
yond the boundaries of the property in which it is located; or
• The lighting is otherwise approved in Section 27.575.150(K).
(c) All light sources which are not fully shielded shall use other than a clear lens material as
the primary lens material to enclose the light bulb so as to minimize glare from that
point light source. Exceptions may be.allowed where there is a demonstrated benefit for
the community determined through the exemption process listed in this section.
(d) High Intensity Discharge (HID) light sources are allowed with a maximum wattage of
175 high pressure sodium (HPS) and 175 watt'metal halide (coated lamp -- 3,000 de-
grees Kelvin). Standards for other HID light sources may be established by the City for
new technology consistent with the above restrictions.
(e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less
than 75 ft. apart.Decorative fixtures(which are also fully shielded) are allowed to main-
tain a 50 ft, fixture spacing. Wall mounted fixture spacing for security lighting shall be
no less than 50 ft, measured horizontally. Decorative fixtures directed back toward a
building face shall be exempt from this spacing requirement when shielded and shall not
exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum
City of Aspen Land Use Code. June,2005
Part 500,Page 89
spacing of 25 ft, and shall not exceed 50 watts. Where security lighting is a combination
of pole and wall mounted fixtures, minimum spacing shall be 75 ft: and a maximum of
150 ft,
(f) Pole mounted fixtures shall be limited to two light sources per pole.
(g) Mixed use areas that include residential occupancies shall comply with the residential
standards on those floors or areas that are more than 50% residential based on square .
footage of uses.
.(h) Up-lighting is only permitted if the light distribution from the fixture is effectively con-
tained by an overhanging architectural or landscaping element. Such elements may in-
elude awnings, dense shrubs, or year-round tree canopies, which can functionally con-
tain or limit illumination of the sky. In these cases the fixture spacing is limited to one
fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total lamp watt-
age within a fixture of 35 watts.
(i) Up-lighting of flags is permitted with a limit of two fixtures per flag pole with a maxi-
mum of 150 watts each. The fixtures must be shielded such that the point source is not
visible outside of a 15-ft.radius.
(j) Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not
exceed a maximum of 20 candles under the canopy.
F. Residential Lighting Standards. The following lighting standards shall be applicable to resi-
dential properties:
(a) Outdoor lighting shall be 12 ft. or less in height unless it meets on of the following crite-
ria:
• The lighting is used to illuminate above grade decks or balconies, is fully shielded,
and the point light source is not visible beyond the boundaries of the property in
which it is located; or,
• The lighting is fully recessed into a roof soffit, fully shielded, and is not visible be-
yond the boundaries of the property in which it is located; or,
* The lighting is otherwise approved in Section 27.575.150(K):
(b) Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be
prohibited. In addition, incandescent light sources including halogen shall not exceed
50 watts.
(c) All light sources that are not fully shielded shall use material other than a clear lens ma-
terial to enclose the light source. The point light source shall not be visible from adja-
cent properties,
City of Aspen Land Use Code. June,2005
Part 500,Page 90
(d) Landscape lighting is limited to 35 watts per fixture per 150 sq. $, of landscaped area
(as measured in a horizontal plane).
(e) Security lights shall be restricted as follows:
1. The point light source shall not be visible from adjoining lots or streets.
2. Flood lights must be controlled by a switch or preferably a motion sensor.aetivated
only by motion within owners property.
3. Timer controlled flood lights shall be prohibited.
4. Photo-cell lights shall be allowed under the following circumstances:
a) At primary points of entrance (e.g. front entries) or in critical common areas
for commercial and multi=family properties;
b) where the light sources are fully-shielded by opaque material (i.e. the fixture
illuminates the area but is not itself visibly bright); and- .
c) the light source or fluorescent (or compact fluorescent) to eliminate excess
electricity consumption.
5. Lights must be fully shielded, down directed and screened from adjacent properties
f
in a manner that limits light trespass to .1'of a foot candle as measured at the prop-
erty line.
6. Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade.
7. No light fixture shall be greater than 12 feet in height. Exceptions are:
(a.)Tree mounted fully shielded, downward directed lights using a light of 25 watts
or less, and
(b.)Building mounted flood lights fully shielded, downward directed lights using a
light,of 50 watts or less.
(c) Motion sensor lights may be permitted,but only where the sensor is triggered by
motion within the owner's property lines.
(d) Light trespass at property lines should not exceed .1 of a foot-candle as meas-
ured at the brightest point.
G. Reserved
H. Exemptions. The following types of lighting installations shall be exempt from the provisions,
requirements,and review standards of this Section,including those requirements pertaining to Zon-
ing Officer review.
1. Holiday Lighting. Winter holiday lighting which is temporary in nature and which is illu-
minated only between and including November 15 and March 1 shall be exempt from the
provisions of this Section, provided that such lighting does not.create dangerous glare on
adjacent streets or properties, is maintained in an attractive condition, and does not consti-
tute a fire hazard.
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Part 500,Page 91
2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and
welfare including but not limited to traffic control devices, street lights, and construction
lighting.
3. Temporary Lighting. Any person may submit a written request to the Community Devel-
opment Director for a temporary exemption request. If approved, the exemption shall be
valid for not more than fourteen(14) days from the date of issuance of a written and signed
statement of approval. An additional 14 day temporary exemption may be approved by the
Director. The Director shall have the authority to refer an application for a temporary ex-
emption to the Planning and Zoning Commission or the Historic Preservation Commission
if deemed appropriate. A temporary exemption request shall contain at least the following
information:
a. Specific exemption or exemptions requested;
b. Type,use and purpose of outdoor lighting fixture(s)involved;
c. Duration of time requested for exemption;
d. Type of lamp and calculated lumens;
e. Total wattage of lamp(s);
f. Proposed location on premises of the outdoor light fixture(s);
g. Previous temporary exemptions,if any;
h. Physical size of outdoor light fixture(s)and type of shielding provided; and,
i. Such other information as may be required by the Community Development Department
Director.
4. Approved Historic Lighting Fixtures. Non-conforming lighting fixtures which are consis-
tent with the character of the historic structure or district may be exempted with approval
from the Historic Preservation Officer or Historic Preservation Commission. Approved fix-
tures shall be consistent with the architectural period and design style of the structure or dis-
trict and shall not exceed 50 watts.
5. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers,
may be exempted from the fully-shielded requirement provided they do not exceed 50
watts.
6. If a proposed lighting plan or fixtures are proposed that do not meet this code but that have
demonstrable community benefit, an exemption may be considered. The applicant shall
submit additional information to adequately assess the community benefit for approval by
the Community Development Director.
L Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall
be prohibited in the City of Aspen.
1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where re-,
quired by building code.
City of Aspen Land Use Code. June,2005
Part 500,Page 92
2. Lighting for the purpose of illuminating a building facade shall be prohibited when such
lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures.
3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and
changing color lights and internally illuminated signs shall be prohibited, except for tempo-
rary holiday displays,lighting for public safety or traffic control, or lighting required by the
FAA for air traffic control and warning purposes.
4. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color
rendering qualities.
5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily in-
tended as an architectural highlight to attract attention or used as a means of identification
or advertisement shall be prohibited.
6. Unshielded flood lights and timer controlled flood lights shall be prohibited,.
7. Lighting directed toward the Roaring Fork River or its tributaries.
8. No outdoor lighting may be used in any manner that could interfere with the safe movement
of motor vehicles on public thoroughfares. The following is prohibited:
a. Any fixed light not designed for roadway illumination that produces direct light or glare
that could be disturbing to the operator of a motor vehicle.
b. Any light that may be confused with or construed as a traffic control device except as
authorized by State,Federal,or City government.
9. No beacon or search light shall be installed,illuminated, or maintained.
10.Up-lighting is prohibited, except as otherwise provided for in this Section.
J. Nonconforming Lighting. Unless otherwise specified.within this ordinance, within one (1)
year of the effective date of this ordinance, all out door lighting fixtures that do not conform to re-
quirements of this ordinance must be replaced with conforming fixtures or existing fixtures must be
retrofitted to comply. Violations shall be corrected within 60 days of being cited. Until that time,
all existing outdoor lighting fixtures that do not already comply shall be considered legal noncon-
forming fixtures.
S. Review Standards.
1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above
grade in height. Special review by the Planning and Zoning Commission may allow lighting of
a greater height under the following circumstances:
City of Aspen Land Use Code. June,2005
Part 500,Page 93
f
(a)A fixture at a greater height is required due to safety, building design, or extenuating cir-
cumstances in which case the light shall be fully shielded with a non adjustable mount-
ing; or
(b) Lighting for commercial parking and vehicle circulation areas may have a maximum
height of 20 feet above grade and shall be fully shielded
2. Foot Candles. Outdoor Non-Residential (26.575.070), Sign (26.575.080), and Residential
(26.575.090) Lighting Standards shall not exceed the foot candles designated in their re-
spective sections. Special review by the Planning and Zoning Commission may allow light-
ing of a greater intensity under the following circumstances:
a. A fixture of a greater light intensity is required due to safety, building design, or ex-
tenuating circumstances in which case the light shall be fully shielded with a non ad-
justable mounting; or
b. An architectural or historical feature requires greater illumination, in which case the
light shall be fully shielded with a non adjustable mounting.
L. Procedures,
1. Administrative Review Procedures. Lighting plans submitted in conjunction with applica-
tions for subdivision, planned unit development, development within any environmentally
sensitive area, or special review application shall be reviewed by the Planning and Zoning
Commission.
2. Lighting plans submitted as a part of a building permit application for a commercial or
multi-family structure shall be reviewed administratively by the Community Development
Director. The Director shall have the authority to refer an application to the Planning and
Zoning Commission or the Historic Preservation Commission if deemed appropriate.
3. Appeals. Any appeals related to decisions regarding outdoor lighting shall be made to the
Board of Adjustment compliant with the procedures in the Appeals Section 26.316 of this
Land Use Code.
(Ord.No. 47-1999, §1; Ord. No. 53-2003, §16,17,18,19,20)
26.575.160 Dormitory.
Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit
shall provide a minimum of one hundred fifty (150) square feet per person of net living area, in-
cluding sleeping, bathroom, cooking and lounge used in common. Standards for use and 'design of
such facilities shall be established by the city's housing designee.
26.575.170 Fuel storage tanks
City of Aspen Land Use Code. June,2005
Part 500,Page 94