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ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO Ordinance No. 27,
(SERIES OF 2013)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET
RESIDENTIAL UNIT, THREE (3) AFFORDABLE HOUSING UNITS, AND 786
SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT
420 EAST HYMAN AVE, LOT O, BLOCK 88, AKA DUVIKE CONDOMINIUMS,
CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-037-39-020 THRU-027
AND 2737-073-39-801
WHEREAS, the Community Development Department received an application
from John Martin, represented by Charles Cunniffe Architects, Inc. requesting approval
of Free-Market Residential, Affordable Housing, and Commercial Growth Management
Allotments, and Subdivision, to demolish the existing building and to construct a new
three story building to include one (1) free-market residential unit, three (3) affordable
housing units, and 786 sq ft of new net leasable commercial space; and,
WHEREAS, the Applicant requests approval by the Planning and Zoning
Commission Free-Market Residential, Affordable Housing, and Commercial Growth
Management Allotments; and,
WHEREAS, the Applicant requests a recommendation by the Planning and
Zoning Commission to the City Council for Subdivision approval; and,
WHEREAS, the property is zoned Commercial Core (CC); and,
WHEREAS, the property is located within the Commercial Core Historic District
and is not considered a contributing building to the integrity of the Historic District; and
WHEREAS, on July 25, 2012 and on November 14, 2012 the Historic
Preservation Commission granted Conceptual Commercial Design Review and
Conceptual Major Development Review approval via Resolution # 17 and Resolution
428, Series of 2012
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended approval of the
application; and,
WHEREAS, during a duly noticed public hearing on May 21, 2013, the Planning
and Zoning Commission approved Resolution No.13, Series of 2013, by a five to zero (5 —
0) vote, approving one (1) Free-Market Residential Growth Management Allotments, three
(3) Affordable Housing Growth Management Allotment, and 786 sq. ft. Commercial
Ordinance No.27, Series 2013
Page 1 of 9
Growth Management Allotments, and recommending the Aspen City Council approve a
Subdivision; and,
WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No
Series 2013, on First Reading by a four to zero (4 - 0) vote, approving with conditions a. 27,
subdivision of the Property; and,
WHEREAS, during a public hearing on September 9, 2013, the Aspen City Council
approved Ordinance No. 27, Series 2013, by a three to one (3 - 1) vote, approving with
conditions a subdivision of the Property; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS;
Section I: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council approves a Subdivision review allowing for the development of
one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of
commercial net leasable space at 420 Fast Hyman Ave.
Section 2: Plat and A reement
The Applicant shall record a subdivision agreement that meets the requirements of Land
Use Code Chapter 26.480, Subdivision, within 180 days of receipt of a Certificate of
Appropriateness from the Historic Preservation
Design approval. Commission and Final Commercial
Once construction is nearly complete but prior to an issuance of Certificate of
Occupancy, the developer shall file a condominium plat and associated documents for
review and approval by the City Engineer and Community Development Director as
outlined in Land Use Code Section 26.480.090, Condominiumization. The condominium
plat shall act as the subdivision plat. A separate subdivision plat is not required.
Ordinance No. 27, Series 2013
Page 2 of 9
Section 3: Dimensions Zoning and Buildin Requirements
All dimensions shall meet the requirements of the Land Use Code in effect on April 4,
2012 (date of initial application), attached as Exhibit B.
The approved floor plans are attached as Exhibit A. Minor changes from these are
permitted at building permit and during Final Commercial Design Review by the Historic
Preservation Commission. Areas labeled as roof' or "green roof' are not permitted for
use as a deck. Final floor plans shall meet adopted Building Code requirements for
accessibility for all units.
The project is subject to all conditions included in HPC Resolution 17 and HPC
Resolution 28, Series of 2012.
Section 4: Final Des n Review
Following the adoption by the HPC of a resolution approving or approving with
conditions Final Commercial Design Review, the City Council shall be notified of the
action to allow the City Council an opportunity to avail itself of the call up procedures set
forth in Aspen Land Use Code Section 26.412.040.13 Appeals, notice to City Council and
call-up. The call up shall be limited to Final Design Review.
Section 5: Engineering
The Applicant's design shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21, as may be amended from time to time and all construction and
excavation standards published by the Engineering Department, as may be amended from
time to time. Applicant acknowledges that encroachment onto the Hyman Avenue
pedestrian mall will be prohibited without the express permission of the City Engineer or
City Council. Approval of this project by the City shall not be deemed an approval of
any construction encroachments onto City right of way or the waiver of any restrictions
on encroachment into the right of way.
A compliant drainage plan must be submitted with a building permit application. This
includes detaining and providing water quality for the entire site. If the site chooses fee-
in-lieu of detention (FIL), it can only be applied to existing impervious areas. All new
impervious areas will need to discharge at historic rates. Any discharge from the site
must be made to the south mall side of the building opposed to the north alley side.
Minor events must be tied into the storm sewer with a manhole. The manhole lid must be
located below the mall bricks. Major events must discharge to the mall.
Any proposed grade changes to the mall require approval by the Engineering
Department.
The Construction Management Plan shall describe mitigation for: parking,
staging/encroachments, and truck traffic.
Ordinance No. 27, Series 2013
Page 3 of 9
Due to the proximity of the neighboring property and the excavation of the building, the
Engineering Department shall require an excavation stabilization plan prior to building
permit submittal. g
Section 6: Affordable Hous-
The three on-site rental affordable housing units, two studio units and one 2-bedroom unit,
shall be deed restricted to Category 4. A deed restriction, approved by the Aspen/Pitkin
County Housing Authority (APCHA), shall be recorded prior to a Certificate of Occupancy
for free market residential component and the commercial component of the project. The
affordable housing units shall be compliant with the Aspen/Pitkin County Housing
Guidelines.
_The Subdivision Agreement shall include the following:
Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-30](2)(a)
(b), this Deed Restriction constitutes a voluntary agreement and deed restriction to liit rent
on the property subject hereto and to otherwise provide affordable housing stock. Owner
waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301.
More detailed information regarding the management and maintenance of the unit shall be
provided to APCHA with the proposed deed restriction prior to CO.
The owner shall have the right to rent the unit to tenants qualified under the APCHA
Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through
APCHA's normal advertising process. At no time shall the tenancy of the unit during a
lease period be tied to continued employment by the owner. Tenant leases, however, may
be terminated for cause or at the end of the lease period upon termination of employment.
The tenant in the rental unit shall be required to be re-qualified by APCHA on a yearly
basis.
If the owner elects to sell the unit, or they are required to be sold due to noncompliance,
owner shall condominiumize the unit and form a condominium association for the
management and maintenance thereof: The affordable housing association shall be
separate from the free-market residential unit's and commercial unit's association(s).
In the event the rental unit is required to become ownership unit due to noncompliance,
APCHA or the City may elect to purchase them for rental to qualified tenants in accordance
with APCHA Guidelines. -
Section 7: Fire Mitigation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is
not limited to approved fire sprinkler and fire alarm systems (IFC, as amended, Section
903 and 907).
Ordinance No. 27, Series 2013
Page 4 of 9
Section 8: Utilities
All requirements of the City's most recently Adopted Water System Distribution
Standards must be met. Fire suppression is required. Fire flow calculations are required to
confirm service size. Additionally Electrical Service should be discussed immediately
with the Electric Department to ensure System capacity. If there is not System Capacity it
may be necessary for the Developer to place a transformer on site. The Transformer shall
meet all pertinent Electrical Codes, and all City Electrical Setbacks.
Section 9: Sanitation District Re uirements
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office. ACSD will review the approved
Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio
drains) are not connected to the sanitary sewer system. Oil and Grease inter ceptors (NOT
traps) are required for all food processing establishment. Locations of food processing
shall be identified prior to building permit. Even though the commercial space is tenant
finish, interceptors will be required at this time if food processing establishments are
anticipated for this project. ACSD will not approve service to food processing
establishments retrofitted for this use by small under counter TRAPS at a later date.
Permanent improvements are prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard landscaping ma
impact public ROW or easements to be dedicated to the district. y
Section 10: Parks
Landscaping in the public right of way will be subject to landscaping in the ROW
requirements, Chapter 21.20. There shall be no plantings within the City ROW which are
not approved by the City Parks Department and the Engineering Department. The 10%
required off-site Public Amenity space may be satisfied through actual improvements
approved by the Parks, Engineering, and Community Development Departments, or
through a cash-in-lieu payment of$22,567.50 [(3,009*$75)*10%].
Section 11: Exterior Li htin
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor Lighting.
Section 12: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant_shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in effect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 13: Impact Fees
Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks
Development impact fee and a "Transportation Demand Management (TDM)/Air Quality
impact fee assessed at the time of building permit application submittal and paid at
Ordinance No. 27, Series 2013
Page 5 of 9
building permit issuance. The amount shall be calculated using the methodology and fee
schedule in effect at the time of building permit submittal.
Section 14: Cost and Financial Assurances
A. Proof of Financin . Before the issuance of a building
the property, and as a condition of such approval, owner shall provide toopthe City f
Building Department and City Attorney for review and approval, satisfactory evidence
that owner has in place sufficient financing to accomplish and complete the construction
of the development of the project covered by the building
improvements identified within an improvements agreement ndnrequir d underu his
ordinance; provided, if there is no loan with respect to development of the project, then
owner shall provide a letter from a financial institution stating that the owner has funds
available in an amount that covers the estimated cost of construction for the
development. Such financing may include without limitation, a construction loan from
an institutional lender or lenders and equity capital investments and/or donations from
owner or third party investors or contributors. In addition, before issuance of a building
permit for the project, owner shall provide supporting cost estimates for all improvements
covered by the requested building permit prepared by owner's general contractor for
review and approval by the City of Aspen Building Department.
B. Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for
the project, and as a condition of such issuance, the owner will deposit with a title
company the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND
NO/100THS ($250,000.00) (the "Site Enhancement Escrow Funds") in the form of
cash or wired funds pursuant to an Escrow Agreement made and entered into between the
owner and the City which shall provide as follows:
i. In the event construction work on the development of the project shall cease for
ninety (90) days or longer, prior to a final inspection by the City of the work
authorized by a foundation/structural frame permit ("F/SFP") on said parcel and
cessation of such construction work continues for a period of one hundred twenty
(120) days after notice from the City to the owner specifying the subject work in
reasonable detail, or if such breach cannot be cured reasonably within such one
hundred twenty (120) day period and owner fails to commence and proceed
diligently to cure such breach within a reasonable time period, then the City, in its
reasonable discretion, may draw upon the Site Enhancement Escrow Funds from
time to time as needed for the purposes of improving the appearance of any
construction work not already completed on the site.
ii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be
returned to the owner, upon completion by the City of a final inspection and
issuance of a Certificate of Occupancy for the parcel or when otherwise agreed to
by Owner and the City.
C. Cash Escrow for Site Protection. Before the issuance of a building permit for the
project, and as a condition of such issuance, the owner will deposit with a title company
Ordinance No. 27, Series 2013
Page 6 of 9
the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/100THS
($250,000.00)(`Eserow Funds") in the form of cash or wired funds pursuant to an
Escrow Agreement made and entered into between the owner and the City which shall
provide as follows.
i. In the event construction work on the development of the project shall cease for
sixty (60) days or longer (`Work Stoppa y,e") ior to a final inspection by
City of the work authorized by a foundation/strucptu al frame perms (`F/SEP")to e
such lot, and cessation of such construction work continues for a period of thirty
(30) days after notice from the City to owner specifying the subject work in
reasonable detail, or if such breach cannot be cured reasonably within such thirty
(30) day period and the owner fails to commence and proceed diligently to cure
such breach within a reasonable time period, then the City in its reasonable
discretion may draw upon the Escrow Funds from time to time as needed for the
purposes of protecting and securing the construction site and improvements
thereon from damage by the elements and/or from trespass by unauthorized
persons, and for purposes of improving the site to a safe condition such that it
does not become an attractive nuisance or otherwise pose a threat to neighbors or
other persons.
ii. Half of the Escrow Funds shall be returned to the owner upon completion by the
City of a final inspection of the work authorized by the Foundation/Structural
Frame Permit on the project. The balance of funds shall be returned to the owner
once exterior finishes to the building have been installed.
Section 15: Pursuant to Section 26.480.050 of the City of Aspen Land Use Code, an
subdivision shall be consistent with the character of existing land uses in the area and not
adversely affect the future development of surrounding areas. Council finds that
commercial uses within the downtown core of the City of Aspen are essential to
maintaining vitality within the City. Residential uses within the downtown core have in
the past caused conflict with the character of the commercial core. To comply with these
requirements of Section 26.480.050 and minimize the conflict between residential and
commercial uses, prior to the sale of any unit approved herein, the Owner shall prepare
and cause to be recorded covenants that run with the land pursuant to the Colorado
Common Interest Ownership Act, C.R.S. Section 38-33.3-101, et seq. Such covenants
shall contain the following language:
The applicant shall include in its Covenants, Conditions and Restrictions a notice that
will be distributed to future residential owners and tenants of the project, which shall
explain the nature of a residing in the Commercial Core ("CC") zone district. As part of
any sale of the residential unit(s), the Buyer of the residential property shall be required
to:
1. Acknowledge he/she resides the CC zone district and is aware of the types of
uses permitted in the CC zone district;
Ordinance No. 27, Series 2013
Page 7 of 9
2. Acknowledge extended hours of operation for commercial and other permitted
uses in the CC zone district;
I Acknowledge there will be possible noise emanating from such uses throughout
the day and night;
4. Agree not to interfere with or object to activities lawfully permitted in the CC
zone district; and
5. Agree not to attempt to prevent any allowed and lawful commercial uses in
the
CC zone district from opening or operating in the commercial spaces for the
project.
The foregoing shall be contained in a permanent restrictive covenant or deed restriction
made for the benefit of the applicant and the City of Aspen, running with the land and
enforceable by the applicant or City of Aspen. All these risks, costs, hardships and
potential value diminution resulting from this covenant as to any owner, resident, or
occupant of the premises has been freely accepted as consideration for the opportunity to
own, reside, maintain, use and enjoy the property. This covenant shall be binding upon
all owners, residents and others who occupy the premises and shall inure to the benefit of
all other owners, residents and others who occupy the premises and shall inure to the
benefit of the City of Aspen. The owners, residents, and others who occupy the remise
acknowledge that any anticipated damages in case of any actual or threatened brea s
this covenant would be difficult to ascertain; accordingly, an aggrieved ch of
violation of this covenant may bring action at law or in equity, ex parte as necessary,b in a
court of competent jurisdiction, to enforce the terms of this covenant and to enjoin by
temporary or permanent injunction any violation of this covenant. Enforcement of this
covenant shall be at the sole discretion of the beneficiaries of the covenant and any
forbearance to exercise its rights under this covenant for any breach thereof shall not be
deemed or construed to be a waiver by any beneficiary of the covenant. All reasonable
costs incurred by the beneficiary, including reasonable attorney fees, in enforcing this
covenant shall be borne by a party found to have violated the covenant. This covenant
shall not be amended without the prior written consent of the City of Aspen.
The applicant shall also include in its Covenants, Conditions and Restrictions the
following: No provision within these covenants shall prohibit any use, occupation or
activity within the premises that complies with underlying zoning. This provision may
not be amended without the express consent of the City of Aspen. Any amendment of
these required covenants without the prior written consent of the City shall be deemed a
substantive violation and breach of this ordinance.
Section--on 16:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public s hearin or
documentation presented before the Planning and Zoning g City hereby incorporated in such plan development approvals and the same shall eocoml 1 ee
with as if fully set forth herein, unless amended by an authorized entity. p d
Ordinance No. 27, Series 2013
Page 8 of 9
Section ion 17:
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.
Sech----°n 18:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution
is
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 on 19:
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 ordinance;
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, b the Cit
Council of the City of Aspen on the 81h day of July, 2013. y y
ATTEST: Steven Skadron, Mayor
Kathryn S, h, City Clerk
FINALLY, adopted, passed and approved this 91h d of Septe ber 2 3`"
St ven Skadron, Mayor
ATTEST:
APPROVED AS TO FORM:
Kathryn S. , City Clerk
ames R. True, City Attorney
Exhibits
Exhibit A: floor plans and elevations
Exhibit B: applicable sections of Land Use Code in effect on April 4, 2013.
Ordinance No. 27, Series 2013
Page 9 of 9
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Figure 1: Shared Driveway Easement
D. Measuring Floor Area. In measuring floor areas for floor area ratio and allowable
floor area, the following applies:
1. General. Floor area shall be attributed to the lot or parcel upon which it is developed.
In measuring a building for the purposes of calculating floor area ratio and allowable floor
area, there shall be included all areas within the surrounding exterior walls of the building
or portion thereof. When measuring from the exterior walls, the measurement shall be
taken from the exterior face of framing, exterior face of structural block, exterior face of
straw bale, or similar exterior surface of the nominal structure excluding sheathing, vapor
barrier, weatherproofing membrane, exterior-mounted insulation systems, and excluding
all exterior veneer and surface treatments such as stone, stucco, bricks, shingles,
clapboards or other similar exterior veneer treatments. (Also, see setbacks.)
City of Aspen Land Use Code
Part 500,Page 76
OUTSIDE i� INSIDE
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Window Sill
Wood Veneer
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Stone Veneer j
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edge of veneer Floor Area Measured to Face of Framing
Figure 2: Measuring to Face of Framing
2. Vertical circulation. When calculating vertical circulation, the circulation element
shall be counted as follows:
a. For stairs and elevators, the area of the feature shall be projected down and
counted on the lower of the two levels connected by the element and not counted
as Floor Area on the top-most interior floor served by the element.
b. When a stairway or elevator connects multiple levels, the area of the feature shall
be counted on all levels as if it were a solid floor except that the area of the feature
shall not be counted as Floor Area on the top-most interior level served by the
element.
c. Mechanical and overrun areas above the top-most stop of an elevator shall not be
counted as Floor Area. Areas below the lowest stop of an elevator shall not be
counted as Floor Area.
3. Attic Space Unfinished and uninhabitable space between the ceiling joists and roof
rafters of a structure which is either inaccessible or accessible only as a matter of necessity
is exempt from the calculation of Floor Area Ratio and allowable Floor Area. If the space
is conveniently accessible and is either habitable or can be made habitable it shall be
counted in the calculation of Floor Area Ratio and allowable Floor Area.
Examples:
a. An area created above a "hung" or"false" ceiling is exempt.
b. An area accessible only through an exterior access panel or crawl space is
exempt.
c. An area accessible only through an interior pull-down access ladder is exempt.
City of Aspen Land Use Code
Part 500, Page 77
d. A sleeping loft accessible via a stairway or a ladder is counted.
e• An unfinished space which has convenient access is counted.
If any portion of the attic level of a structure is to be counted, then the entire level shall be
included in the calculation of Floor Area Ratio and allowable Floor Area regardless of
other practical limitations to routine use. Areas of an attic level with thirty (30) vertical
inches or less between the finished floor level and the finished ceiling shall be exempt,
regardless of how that space is accessed or used.
Area of floor
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Figure 3: Thirty inch height exemption
4. Decks Balconies Loggia Gazebos Exterior Stairways, and non-Street-facin
porches. The calculation of the Floor Area of a building or a portion thereof shall not
include decks, balconies, exterior stairways, non Street-facing porches, gazebos and
similar features, unless the area of these features is greater than fifteen percent (15%)
of the maximum allowable floor area for the property and the use and density
proposed.
If the area of these features exceeds fifteen percent (15%) of the property's maximum
allowable Floor Area (for that use and density proposed) only the areas in excess of
the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the
property.
The area of these features shall be the maximum footprint of the feature including
railings, fixed seating, fixed planter boxes, overhangs, and similar structural
components of the feature.
Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be exempt
from Floor Area calculations unless that area is used as a carport. (See provisions for
garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath
Porches, Gazebos, and Decks or Balconies when those elements have a finished floor
level within thirty (30) inches of the surrounding finished grade shall be exempt from
Floor Area calculations regardless of how that area is used.
City of Aspen Land Use Code
Part 500, Page 78
5. Front Porches. Porches on Street-facing fa�ade(s) of a structure developed within
thirty (30) inches of the fmished ground level shall not be counted towards allowable
Floor Area. Otherwise, these elements shall be attributed to Floor Area as a Deck.
Area of porch �
not exempt
I 3'
p S
�F t
� r
e
# e
- Exempt area
of porch
6. Patios and Landscape Terraces Patios and Landscape Terraces developed at finished
grade shall not be counted towards allowable Floor Area. These features may be covered
by roof overhangs or similar architectural projections of up to thirty (30) inches and
remain exempt from Floor Area calculations.
7. Garages ca orts. For all multi-family and mixed-use buildings or parcels
containing residential units, 250 square feet of the garage or carport area shall be excluded
from the calculation of floor area per residence on the parcel. All garage and carport area
in excess of 250 square feet per residence shall be attributed towards Floor Area and Floor
Area Ratio with no exclusion. Garage and carport areas for properties containing no
residential units shall be attributed towards Floor Area and Floor Area Ratio with no
exclusion.
In the R-15B Zone District, garage and carport areas shall be excluded fr
calculation of Floor Area up to a maximum exemption of five-hundred-square-foot total om the
for the parcel.
In zone districts other than the R-15B Zone District, properties containing solely a Single-
Family, two single-family residences, or a Duplex, the garage and carport area shall be
excluded from the calculation of Floor Area as follows:
City of Aspen Land Use Code
Part 500, Page 79
Table 26.575.020-2
FFi1rstO age or Carpo=Houses) er primary dwelling unit (not
ory Dwelling Units or Carriage
0 square fe et 100% of the area
Next 251 to 500 square feet 50% of the area
Areas above 500 square feet No area excluded.
For any property abutting an alley or private road entering at the rear or side of the
property, the garage or carport area shall only be excluded from floor area calculations as
described above if the garage or carport is accessed from said alley or road. If an alley or
private road does exist and is not utilized for garage or carport access, the garage or
carport area shall be attributed towards Floor Area calculations with no exclusion. If an
alley or private road does not abut the property, the garage or carport area shall be
excluded from floor area calculations as described above.
8. Subgaade areas. Subgrade or partially subgrade levels of a structure are included in
the calculation of Floor Area based on the portion of the level exposed above grade.
The percentage of the gross area of a partially subgrade level to be counted as Floor Area
shall be the surface area of the exterior walls exposed above the lower of natural and
finished grade divided by the total exterior wall area of that level. Subgrade stories with
no exposed exterior surface wall area shall be excluded from floor area calculations.
Example: If a the walls of a 2,000 square foot level are forty percent (40%)
exposed above the lower of natural or finished grade then forty percent (40%) of
that level, 800 square feet is counted as Floor Area.
City of Aspen Land Use Code
Part 500,Page 80
Window Well
Exposed- Percentage of exterior wall that's exposed
equals the amount of subgrade area that will
Area Below more restrictive grade ,�� count towards floor area calculation
Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area
For the purposes of this section, the exterior wall area to be measured shall be the interior
wall area projected outward and shall not include exterior wall areas adjacent to
foundation or floors of the structure.
f �
Floor Structure
Area of wall to I
be used for
subgrade r ��
calculation d
Foundation and Floor Structure
Foundation Footer
Figure 5: Measuring the Area of a Subgrade Wall
When considering multi-level subgrade spaces, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the spaces is
less than 50%of the distance between the floor and ceiling of either space.
City of Aspen Land Use Code
Part 500, Page 81
j B I
Stairs
Space A and B are on the same level,while Space A and
C are on different levels.
Figure 6: Determining different building levels
When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the
wall area shall include the area within the gable of the roof
X
Area counts
towards wall
calculation
9
Figure 7: Pitched roof with subgrade calculation
For garages that are part of a subgrade area, the garage exemption is taken from the total
gross below-grade area prior to calculating the subgrade exemption. For example, a 2,000
square foot story containing a 350 square foot garage which is 40% above grade, the
calculation shall be as follows:
City of Aspen Land Use Code
Part 500, Page 82
Garage exemption — the first 250 square feet is exempt and the next 100 square feet
counts 50% or 50 square_feet=300 square feet of the garage which is exempt.
Subgrade exemption—2,000 gross square feet minus 300 square feet of exempt garage
space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level
which counts towards allowable Floor Area.
9. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or
carriage house shall be calculated and attributed to the allowable floor area for a parcel
with the same inclusions and exclusions for calculating floor area as defined in this
Section.
10. Permanently Affordable Accessory Dwelling Units and Carriage Houses One
hundred percent (100%) of the area of an Accessory Dwelling Unit or Carnage House
which is detached from the primary residence and deed-restricted as a "for sale"
affordable housing unit and transferred to a qualified purchaser in accordance with the
Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from
the calculation of floor area, up to a maximum exemption of one thousand two hundred
(1,200) square feet per parcel.
In addition, the allowable floor area of a parcel containing such a permanently affordable
Accessory Dwelling Unit or Carriage House shall be increased in an amount equal to fifty
percent (50%) of the floor area of the Accessory Dwelling Unit or Carriage House, up to a
maximum bonus of six hundred(600) square feet per parcel.
11. Sheds, Storage Areas and similar Accessory Structures Sheds, storage areas,
greenhouses, and similar uninhabitable accessory structures, not within a garage, are
exempt from floor area limitations up to a maximum exemption of thirty-two (32) square
feet per residence. Storage areas within a garage shall be treated as garage space eligible
for the garage exemption only. Accessory structures thirty-six inches or less in height, as
measured from finished grade, shall be exempt from Floor Area calculations (also see
setback limitations). Accessory structures larger than thirty-two square feet per primary
residence and more than thirty-six inches in height shall be included in their entirety in the
calculation of Floor Area. Properties which do not contain residential units are not
eligible for this Floor Area exemption.
12. Historic Sheds and Outbuildings. The Community Development Director may
provide a parcel containing an uninhabitable and limited function historic shed,
outbuilding, or similar historic artifact with a Floor Area exemption to accommodate the
preservation of the historic resource. The shed or outbuilding must be considered a
contributing historic resource of the property. Functional outbuildings, such as garages,
art studios, home offices, and the like shall not be eligible for an exemption. The Director
may consult the Historic Preservation Commission prior to making a determination. The
Director may require the property's potential to receive Floor Area bonuses be reduced to
account for the structure. The exemption shall be by issuance of a recordable
administrative determination and shall be revocable if the artifact is removed from the
property.
City of Aspen Land Use Code
Part 500,Page 83
13. Wildlife-Resistant Trash and Recycling. Enclosures. Wildlife-resistant trash and
recycling enclosures located in residential zone districts are exempt from floor area
requirements of the zone district regulations if the enclosure is the minimum reasonably
necessary to enclose the trash receptacles in both height and footprint, is an unconditioned
space not located inside other structures on the property, and serves no other purpose such
as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife-
resistant dumpster enclosures located in commercial, mixed-use, or lodging zone districts
are not exempt from floor area requirements and shall comply with zone district
requirements for Utility/Trash/Recycle areas.
Enclosures shall be located adjacent to the alley if an alley borders the property and shall
not be located in a public right-of-way. Unless otherwise approved by the Historic _
Preservation Commission, enclosures shall not abut or be attached to an historic structure.
Enclosures may abut other non-historic structures.
14. Allocation.of Non-Unit Space in a mixed-use building. In order to determine the total
floor area of individual uses in a mixed-use building, the total floor area for non-unit
space, which is common to all uses on the property, shall be allocated on a proportionate
basis of the use categories outlined in the subject zone district's FAR schedule. The
building's gross floor area, minus all non-unit space, shall be divided proportionately
amongst the individual use categories in a building. These numbers shall then be
calculated as a percent of the gross floor area number that does not include the non-unit
space. A proportionate share of the non-unit floor area shall then be allocated towards
each use category. This provision shall apply to all zone districts permitting mixed-use
buildings.
For instance, if a building was comprised of the following square footages:
2,000 sq. ft. commercial floor area
+4,000 sq. ft. free-market residential floor area
+2,000 sq. ft. affordable housing floor area
+ 1,000 sq. ft. nonunit floor area
= 9,000 sq. ft. total floor area
Then the total unit floor area in the building would be eight thousand (8,000)
square feet floor area. Using the allocation of nonunit space standard, the uses
account for the following percentages of the total unit floor area:
commercial floor area=25%
free-market residential floor area= 50%
affordable housing floor area=25%
Therefore, the one thousand (1,000) square feet of non-unit space is allocated
to the different uses as follows:
commercial floor area=25% x 1,000 sq. ft. =250 sq. ft.
free-market residential floor area= 50%x 1,000 sq. ft. = 500 sq. ft.
affordable housing floor area=25% x 1,000 sq. ft. =250 sq. ft.
City of Aspen Land Use Code
Part 500, Page 84
When non-unit space is used exclusively by one use, the space shall be attributed to the floor
area for that use. For example, if a lobby and elevator serve the free-market residential uses
on the property, exclusively, then the area associated with the lobby and elevator shall be
assigned to the floor area for free-market residential uses.
15. Airlocks. Permanently installed interior airlock spaces are exempt from the calculation of
Floor Area Ratio and allowable Floor Area up to a maximum exemption of 100 square feet
per building. This exemption only applies to buildings containing non-residential uses and
does not apply to single-family, duplex, or multi-family buildings.
E. Measuring Setbacks.
1. General. Required setbacks shall be unoccupied and unobstructed within an area extending
horizontally from the parcel boundary to the setback line and vertically above and below
grade, excepting allowed projections as described below.
Required setbacks shall be measured perpendicular from all points of the parcel boundary to
the outmost exterior of a structure, including all exterior veneer such as brick, stone or other
exterior treatments, but excluding allowed projections as further described in subsection E.5
below.
ii
3 �~�
Window ��• I
Exterior FaceAa
(+ of Framing ,_
If. t
Window Sill
Wood Veneer
f Framing
Stone Veneer
it
Figure 8: Setback Measurement
2. Determining Front Rear, and Side Yard . front yard setback shall be measured from
the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot
from a Street or street right-of-way. All parcels have a front lot line. There shall not be more
than one front lot line.
City of Aspen Land Use Code
Part 500, Page 85
The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be
the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall
have only one rear lot line.
Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those
parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot
line and may have multiple side lot lines.
For corner parcels, the front lot line shall be the parcel boundary along the Street with the
longest block length and the remaining boundary shall be a side lot line.
Street
270' — Block Length
! Front Yard
100' � � 1
l A Side
Yard
— — _Alley, 6 I
j a
v Corner Lot
Figure 9: Determining Setbacks
For corner parcels where the parcel boundary follows a curving Street, the midpoint of the
curve shall be used to differentiate the front lot line and the side lot line. In this case, the
boundary segment with the shortest Street frontage shall be the front lot line.
City of Aspen Land Use Code
Part 500, Page 86
Side
Yard
fr.
Street ,`F
..- '` Front Yard
Figure 10: Corner lot with curved street
For reverse curve lots, the curved portion of the lot line shall be considered the fr ont lot lin
and the two opposing parcel boundaries shall be considered side lot lines. e
t—. -------Street
Front
Yard Side Yard � °:
Street
f, µ
Side Yard
Figure 11: Reverse curve lot
For all double frontage lots with Streets on opposite sides of the parcel, except for those
parcels abutting Main Street, the front lot line shall be the parcel boundary with the greatest
length of Street frontage and the opposing lot boundary shall be the rear lot line.
City of Aspen Land Use Code
Part 500, Page 87
Parcel boundary with greatest length
°` -- Street
Front
Yard LOT
1
jj
_ Street
Rear Yard
Figure 12: Double frontage lot
For double frontage lots with equal length street frontages, the front lot line shall mirror the
front lot lines of the adjoining lots to the extent practical.
For double frontage lots abutting Main Street, the front lot line shall be the lot line adjoining
Main Street.
The Community Development Director shall resolve any discrepancies or situations where the
foregoing text does not provide definitive clarity by issuance of a recordable administrative
determination.
3. Determining required setbacks ad'acent to streets or ri hts-o-wa . When a property does
not extend into an adjacent public or private right-of--way or street easement, the required
setback shall be measured from the lot line.
When a property extends into an adjacent public or private right-of-way or street easement,
the required setback for that portion of the lot shall be measured from the edge of the right-of-
way or street easement closest to the proposed structure.
City of Aspen Land Use Code
Part 500,Page 88
I
f
W.
Street
10'setback
10'setback on flag lot.
from right-
of-way
w
Figure 13:Required setback from a right-of-way or street easement
4. Combined Setbacks. Where zoning provis
front-rear or side-side), the narrowest po ions require a combined yard setback (either
int on each yard shall be the basis for measuring
the combined setback. A combined yard requirement may not be met by staggering the
required yard setbacks.
For example, if a lot requires a combined side-yard setback of 30', with a minimum of 10'
on either side, Figure 14 shows compliance with the requirement — one side yard is 101
,
the other is 20', and each side yard setback is consistent from front to rear.
Given the same example, Figure 15 meets the individual 10' setback requirements, but the
combined setback is staggered and is not consistent from front to rear. This example does
not meet the combined setback requirement.
City of Aspen Land Use Code
Part 500, Page 89
F7,
i 1
Figure 14: Compliance with combined setbacks
i .
� w `.
s'
4 1
L
t"
Figure 15: Does not comply with combined setbacks
S. Allowed Projections into Setbacks Setback areas shall be unobstructed above and below
ground except for the following allowed projections:
a. Above or below ground utilities, below-grade heating or cooling conduit or
infrastructure such as a ground-source heat pump system, below-grade dry wells or
other at-grade or below-grade drainage infrastructure.
b. Trees and vegetation.
C. Artwork, sculpture, seasonal displays.
d. Flagpoles, mailboxes, address markers
e. Foundation footers, soil nails or below-grade tiebacks, and similar improvements
necessary for the structural integrity of a building or other structures.
City of Aspen Land Use Code
Part 500, Page 90
f. The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, vent flues, standpipes and similar apparatus and
including any protective structure as may be required by the utility provider.
g. Building eaves, bay windows, window sills, and similar architectu
up to eighteen(18) inches. ral projections
h. 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.
In no case shall the projection be allowed closer than five (5) feet to a property
line. This projection is allowed for balconies only and does not permit projections
of other improvements, such as garages or carports.
i. The minimum projection necessary to accommodate light wells and exterior
basement stairwells as required by adopted Building or Fire Codes as long as these
features are entirely recessed behind the vertical plane established by the portion
of the building fa�ade(s) closest to any Street(s).
If any portion of the feature projects
larger than the minimum required. into the setback, the entire feature may be no
Features required for adjacent subgrade interior spaces may be combined as long
as the combined feature represents the minimum projection 'into the setback.
There is no vertical depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply to
light wells and exterior basement stairwells which are not required by adopted
Building or Fire Codes.
j. The minimum projection necessary to accommodate an exterior-mount fire escape
to an existing building, as may be required by adopted Building or Fire Codes.
k. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls,
earthen berms, retaining walls, steps and similar structures, which do not exceed
thirty (30) inches vertically above or below natural grade or fmished grade,
whichever is more restrictive. (Also see Chapter 26.410 — Residential Design
Standards for limits on the location of berms.) Improvements maybe up to thirty
(30) inches above and below grade simultaneously, for up to a sixty(60) inch total.
Improvements may exceed thirty (30) inches below grade if determined to be
necessary for the structural integrity of the improvement. (See Figure 16).
1. Drainage swales, stormwater retention areas, NO retention areas, rain collection
systems, and similar stormwater retention, filtration or infiltration devices or
facilities are permitted in setbacks as long as the finished grade of the top of the
improvement does not exceed thirty (30) inches vertically above or below the
surrounding finished grade. Stormwater improvements or portions thereof may be
buried and exceed thirty (30) inches below grade as long as the fmished grade
above the facility does not exceed thirty (30) inches vertically above or below the
City of Aspen Land Use Code
Part 500, Page 91
surrounding finished grade. These features may be up to thirty (30) inches above
and below finished grade simultaneously.
m. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills,
furniture, seating areas, and similar permanent structures are prohibited in all yards
facing a Street. These elements may be placed withi
shall not exceed thirty (30) n non-street facing yards but
inches above or below finished
may be up to thin 3 grade. These features
y ( 0) inches above and below finished grade si
Improvements may exceed thirty (30) inches below
structural integrity of the improvement. F multaneously.
grade if necessary for the
n. Heating and air conditioning equi
prohibited in all yards fac
pment and similar mechanical equipment are
ing a Street. Mechanical equipment may be placed within
non-street facing yards but shall not exceed thirty (30) inches above or below
finished grade. These features may be up to thirty
0)grade simultaneously. m ( 0) inches above and below
consider exceptions to this requirement purse ntt t and ou eo�dssion may
the po ed
Chapter 26.430—Special Review. criteria of
7— Spa
30"
30„ , {
4 Y
1( '
Area below grade
Figure 16: 30"Calculation
o. The height and placement of energy efficiency or renewable energy Systems and equipment which are located adjacent to or independent of a building
gy production
shall u established a the Planning and Zoning Commission pursuant to the
Procedures and criteria of Chapter 26.430 —
discouraged in all yards facing a Street. Special Review. These systems are
equipment located on top of a structure, see sub-section F.4 production systems and
P_ Fences and hedges less than forty-two (42) inches in height
fmished grade, are permitted in all required yard setbacks. Fences,
nc�es and hedgg s up to as
e from
six (6) feet in height, as measured from finished grade, are permitted only in areas
entirely recessed behind the vertical plane established by the portion of the
building facade which is closest to the Street. This restriction applies on all Street-
facing facades of a parcel. (Also see Section 26.575.050
Regulations for limitations on fence materials.) — Supplementary
City of Aspen Land Use Code
Part 500,Page 92
w �
s" r fence
42"fence ��'°A.� �``' .,,,' ,,'` J� ,...- height
height
Front
Figure 17 fagade line
`~�s°'"
of house
q. Driveways not exceeding twenty-four (24) inches above or below natural grade
within any setback of a yard facing a Street. Within all other required setbacks,
finished grade of a driveway shall not exceed thirty (30) in above or below
natural grade.
r. Parking may occur in required setbacks if within an established driveway o
parking area and the curb cut or vehicular access is from an alleyway, f r
alleyway abuts the property, or has otherwise been approved by the City. if an
s. Non-permanent features which are not affixed to the ground such as movable patio
furniture outdoor seating or a picnic table, barbeque grills, children's play
equipment, and similar non-permanent features which are not affixed to the
ground. This exemption shall not allow storage sheds or containers.
t. Wildlife-resistant Trash and Recycling enclosures located in residential zone
districts shall be prohibited in all yards facing a Street. These facilities may be
placed within non-street facing yards if the enclosure is the minimum reasonably
necessary in both height and footprint, is an unconditioned space not integrated
with other structures on the property, and serves no other
garage space, or other purposes unrelated to protecting wildlife. Wildlife-resistant
trash and recycling enclosures located in commercial, mixed-use, or lodging zone
districts are not exempt from setback requirements and shall comply with zone
district requirements for Utility/Trash/Recycle areas.
Temporary intermittent placement of trash and recycling containers in or along
yards facing a Street is allowed. For example, on"trash day."
Enclosures shall be located adjacent to the alley where an alley borders the
Property and shall not be located in a public right-of-way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut or be
attached to a historic structure. Enclosures may abut other non-historic structures.
City of Aspen Land Use Code
Part 500,Page 93
F. Measuring Building Heights.
1. For properties in the Commercial Core (CC),
(CL), Neighborhood Commercial Commercial (C1), Commercial Lodge
Districts, the height of the buildings all be the ice Commercial maximum stance Industrial (SCI)Zone
and the highest point of the roof top roof ride Veen the ground
structure. See subsection 3, below, for measurmentamethod.r top-most portion of the
2. For properties in all other Zone Districts the height of the building shall according to the pitch of the roof as follows. See subsection 3,bbelow,uforr
measurement method.
a. Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a
roof pitch of less that 3:12 shall be measured from the
Portion of the structure. ground to the top-most
I i
i �
Parapet Roof pitch
wall 3:12 or less
Height
Height of
i
V Building
l
Figure 18: Measuring height for flat roofs or roofs with less than 3:12 pitch
b. Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof itch
- from 3:12 to- 7:12 shall be measured from the ground to the poi p
vertically halfway between the eave point roof
and the ridge. There shall be no limit on nt of the
the height of the ridge.
City of Aspen Land Use Code
Part 500, Page 94
Midpoint between eave pt.and ridge
Ridge
lEave Point
Height
i
i
�f
t
Figure 19:Measuring height for roofs with pitch from 3:12 to
7:12
c. Roofs with a pitch greater than 7:12. The height of a building with a roof pitch
greater than 7:12 shall be measured from the ground to the point of the roof
vertically one-third ('/) of the distance up from the eave point to the ridge. There
shall be no limit on the height of the ridge.
F point between
pt.and Ridge
Ridge
a
Height Lave Point
Figure 20:Measuring height for roof with pitch greater than
7:12
City of Aspen Land Use Code
Part 500,Page 95
d. For roofs with multiple pitches within one vertical plane, the height of the roof
shall be measured by drawing a line within a vertical section between the ridge and
g
the Eave Point(s) and then applying the methodology for the resulting pitch of said
line(s) as described above.
e. For barrel-vault roofs, height shall be measured by drawing a line within a vertical
section between the top-most point of the roof and the Eave Point(s) and then
applying the methodology for the resulting pitch of said line(s) as described above.
f. For "shed" roofs with a single-pitch, the methodology for measuring shall be the
same as described above according to the slope of the roof and by
using the
highest point of the roof as the ridge.
9. Dormers shall be excluded from the calculation of height if the foo tp nt of the
ri
dormer is 50% or less of the roof plane on which the dormer is located and the
ridge of the dormer is not higher than the ridge of the roof on which it is located.
ggregate footprint shall d.
If there are multiple dormers on one roof plane, the a
used. Otherwise, dormers shall be included in the measurement of height
according to the methods described above.
3. Height Measurement Method. In measuring a building for the compliance with height
restrictions, the measurement shall be the maximum distance measured vertically from
the ground to the specified point of the building located above that point, as further
described below:
a• Measuring height along the perimeter of the building. At each location where
the exterior perimeter of a building meets the ground, themeasurement shall be
taken from the lower of natural or finished grade. Building permit plans must
depict both natural and finished grades.
b• Measuring height within the footprint of the building. For the p u
rposes of
measuring height within the footprint of a building, areas of the building within
15 horizontal feet of the building's perimeter shall be measured
perimeter measurement, as described above. In all oth using the
er areas, the natural
grade of the site shall be projected up to the allowable height and the height of
the structure shall be measured ' this projected topography.
In instances where the natural grade of a property has been affected b
development activity the Community Y prior
estimation of pre-development u topography t Development Director may accept an
surveyor or civil engineer. The Director may prepared
require additionaltehiedori and
documentation, technical studies, reports, or other i
development topography. nformation to verify apre-
If necessary, the Community Development Director may require an applicant
document natural grade, finished grade
of the building, and other relevant height liimitat on information that footprint
to be documented prior to construction. y
City of Aspen Land Use Code
Part 500,Page 96
C. Measuring to the roof— The high point of the measurement shall be taken from
the surface of a structure's roof inclusive of the first layer of exterior sheathing
or weatherproofing membrane but excluding exterior surface treatments such
as shakes, shingles, or other veneer treatments or ornamentation.
When measuring roofs to a point between the ridge and the eave point, the
cave point shall be the point where the plane of a roof intersects the plane of
the exterior wall. The roof and wall planes shall be of the nominal structure,
excluding all exterior treatments.
Eave Point f
r rr
Exterior Sheathing
1
1
Figure 21: Eave Point and Exterior Sheathing of a Roof.
4. Allowed Exceptions to Height Limitations
a. Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and
similar venting apparatus may extend no more than ten (10) feet above the height
of the building at the point the device connects. For roofs with a pitch of 8:12 or
greater, these elements may not extend above the highest ridge of the structure by
more than required by adopted building codes or as otherwise approved by the
Chief Building Official to accommodate safe venting. To qual
exception, the footprint of these features must be the nimuml reasonably
necessary for its function the features must be combined to the greatest extent
practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors,
and similar functional devices or ornamental do-dads shall be contained within
the limitations of this height exception.
City of Aspen Land Use Code
Part 500, Page 97
b. Communications Equipment. Antennas, satellite dishes,
communications equipment and devices shall comply with the limidtationsilof
Section 26.575.130 — Wireless Telecommunicati
Equipment. on Services Facilities and
c. Elevator and Stair Enclosures.
residential bu On structures other than a single-family or duplex
ilding or an accessory building, elevator overrun enclosures and stair
enclosures may extend up to five (5) feet above the specified maximum height
limit.
Elevator and stair enclosures may extend up to ten (10) feet above the specified
maximum height limit if set back from any Street facing facade of the building a
minimum of fifteen (15) feet and the footprint of the elevators or stair enclosures
are minimized and combined to the greatest extent practicable.
For single-family and duplex residential buildings and for accessory buildings,
elevator and stair enclosures are not allowed a height exception.
d. Rooftop Railings. On any structure other than a single-family or duplex residential
building, rooftop railings and similar safety devices permitting rooftop access
may extend up to five (5) feet above the height of the building at the point the
railing connects. To qualify for this exception, the railing must be the minimum
reasonably necessary to provide adequate safety and build
and the railing must be 50% or more transparent. build' code compliance
For single-family and duplex residential buildings, rooftop raili
allowed a height exception. ngs shall not be
e. Mechanical Equipment. Heating, ventilation, and air conditioning systems,
similar mechanical equipment or utili a g and
may extend up to five (5) feet above height aOfsthe building tat then ointdthe
equipment is attached. Mechanical equipment shall be combined and co-located
to the greatest extent practicable.
f. Energy Efficiency or Renewable Energy
Energy efficiency systems or renewable roenergy Systems and Equipment.
equipment including solar panels, wind turbines energy Production similar systems ystemsa and the
system's associated equipment which is located on top of a building may extend
UP to five (5) feet above the height of the building at the point the equipment is
attached.
On any structure other than a single-family or duplex residential building or an
accessory building, these systems may extend up to ten (10) feet above height of
the building at the point the equipment is attached if set back from any Street
facing famade of the building a minimum of fifteen (15) feet and the footprint the equipment is minimized and combined to the of
Certain additional restrictions may apply greatest extent practicable.
Design Review. y pp Y pursuant to Chapter 26.412, Commercial
City of Aspen Land Use Code
Part 500, Page 98
The height and placement of energy efficiency or producti
not located on top of a buildi on systems which are
established by the planni ng (located independent of a building) shall be
ng and Zoning and criteria of Chapter 26.430 — g Commission puruant to the procedures
for these systems a sub-section E.5)Special Review. (Also sese setback requirements
g. Church spires, bell towers and like architectural projections on Arts, Cultural and
Civic buildings may extend over the height limi
Commercial Design Review. t as may be approved pursuant to
h. Flagpoles may extend over the specified maximum height limit.
i. Exceptions for buildings on slopes. For properties with a slope that declines from
the front lot line, the maximum height of a building's front (street-facing) facade
may extend horizontally for the first thirty(30) feet of the building's depth.
J. Exceptions for light wells. Exceptions for light wells and basement stairwells. A
light well or basement stairwell, limited to that area required to meet adopted
Building or Fire Codes, entirely recessed behind the vertical plane established b
the portion of the building fagade(s) closest to any Street(s), and enclosed on all
sides to within eighteen.(18)inches of the first floor level (e.g.
light well) shall not be counted towards maximum Permissible height ally out style
k. Exceptions for Areaways. An Areaway no more than one hundred (100) square
feet, entirely recessed behind the vertical plane established by the portion of the
building fa�ade(s) closest to any Street(s), not projecting into any required setback
and enclosed on all sides to within eighteen (18) inches of the first floor level (e. .
not a walk-out) shall not be counted towards maximum e g
G. Measuring Site coverage. Permissible height.
calculating site coverage of a structure eorgbu building, the exterior expressed al a he
building t Percentage. When
g ground level should be used. walls of the structure or
measurement shall be taken from the exterior face measuring framin to the exterior walls, the
block, or similar exterior surface of the nominal structure excluding sheathin vapor g, exterior face of structural
weatherproofing membrane, exterior-mounted insulation systems, and excluding all exterior
veneer and surface treatments such as stone, stucco, bricks, is,shingles, g p barrier,
similar exterior veneer treatments.
Porches, roofs or balconygoverhangs avant levered
building elements and similar features extending directly over grade shall be excluded
maximum allowable site coverage calculations. from
H. Measurement of Demolition. The City Zoning Officer shall determine if a bui dm
intended to be or has been demolished by applying the following process of calculation: g is
At the request of the t lica
Zoning Of
in ficer, the applicant shall prepare and showing the follow g: submit a diagram
1. The surface area of all existing (prior to co
assemblies above finished grade and all existing or of assemblies.emi xt
Not counted in the
City of Aspen Land Use Code
Part 500,Page 99
existing exterior surface area calculations shall be all existing fenestration (doors,
windows, skylights, etc.).
2. The exterior surface area, as described above, to be removed. Wall area or roof area
being removed to accommodate new or relocated fenestration shall be counted as
exterior surface area being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with an
area tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element
in addition to the necessary subsurface components for its structural_integrity including such
items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be
removed, the associated exterior surface area shall be diagrammed as being removed. If a
portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that
portion shall be calculated as removed. Recalculation may be necessary during the process of
development and the Zoning Officer may require updated calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New,
relocated or expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of
demolition. Sub-grade elements and interior wall elements, while potentially necessary for a
building's integrity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of the
exterior to be removed shall be divided by the surface area of all portions of the exterior of the
existing structure and expressed as a percentage. The Zoning Officer shall use this percentage
to determine if the building is to be or has been demolished according to the definition in
Section 26.104.100, Demolition. If portions of the building involuntarily collapse, regardless
of the developer's intent, that portion shall be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural
capabilities of the building prior to undertaking a remodel. Failure to properly understand the
structural capacity of elements intended to remain may result in an involuntary collapse of
those portions and a requirement to recalculate the extent of demolition. Landowner's intent
or unforeseen circumstances shall not affect the calculation of actual physical demolition.
Additional requirements or restrictions of this Title may result upon actual demolition.
L Measurement of Net Leasable Commercial Space. The calculation of Net Leasable
Space shall_include all interior space of a building
wall, including interior partitions and inclusive of all areas which c no be leased to an
individual tenant including offices, hallways, meeting rooms, display areas, showrooms,
kitchens, dining rooms, coat rooms, bathrooms, storage, storage rooms, walk-in refrigerators
or freezers, changing rooms, waiting rooms and similar space which may be leased to a
tenant. The calculation of Net Leasable Space shall exclude common areas of a building not
intended or designed to be leased to an individual tenant such as common bathrooms,
common stairways, common circulation corridors, common mechanical areas, common
storage areas or similar common spaces not intended or des
gned to be leased to an individual
City of Aspen Land Use Code
Part 500, Page 100
Permanently installed interior airlock spaces are exempt from the calculation of net le
space up to a maximum exempt*on of 100 square feet.
square feet installed on the exterior of a building, shall be considered Net Le leasable
q Seasonal airlocks of more than 10
shall be subject to all requirements of the Land Use Code, including emplo see 1mArea and
Prorated according to the portion of the year in which it is installed.
Y itigation,
Unless specifically exempted through other provisions of this Title, outdoor displays
vending, and similar commercial activities located outside (not within a building) shall also
included m the calculation of Net Leasable S ace. outdoor
maximum footprint of the display or vending a The calculation of such area shall be the
commercial activities requiring p Y g calculation For vending carts or similar
q g n attendant, the calculation shall also include a reasonable
amount is space for the attendant. Vending machines shall not be considered net leasable
commercial space.
J Measurement of Net Livable Area. The calculation of Net Livable Area shall
all interior space measured from interior wall to interior wall, including inclusive of, but not limited to, entryways nclude
unfinished basements which are or can be made ha deli g interior partitions and
ryways or lobbies dedicated to only one unit, finished or
laundry areas accessible from the interior of a unit. Net livable oAea shall not in and
common circulation areas, common lobbies, co common t include
or similar common spaces not intended or designed to b occlupied bynele viducorridors,
Net Livable Area shall not include uninhabitable basements al tenant.
unconditioned storage accessible only from the exterior, garages,mechanical areas, stairs,
Porches or similar spaces. iP , patios decks,
K. Exceptions for Energy Efficiency. The Community Development Director may
approve exceptions to the dimensional restrictions of this Section to accommodate
addition of energy production systems or energy modate the
existing buildings when no other practical solution exists. The Community Development
gy efficiency systems or equipment in or on
Director must first determine that the visual impact of the exemption is m
other reasonable way to implement energy
p minimal and that no
require notice be provided to adjacent g landowners.Production Approval shall be m thefor or may
recordable administrative decision. form of a
L. Exceptions for Building Code Compliance. The Community Development D'
may approve exceptions to the dimensional restrictions of this Section to accommodate Hector
improvements required to achieve compliance with building, fire, or Section to
cod
on existing buildings when no other practical solution exists. The Communi r
Director must first determine that the visual impact of the exemption is minimal es m or
other reasonable way to implement code compliance exists. The Di Community
Development
be provided to adjacent landowners. Approval shall be the nd that no
Director may require notice
administrative decision. he form of a recordable
M Appeals. An applicant aggrieved
Director regarding this Calculatio and M asurements Secdti nyma Community Development
Administrative Hearing Officer,pursuant to Chapter 26.316. Y appeal the decision to the
City of Aspen Land Use Code
Part 500, Page 101
(Ord. No. 44-1999, §7; Ord. No. 55-2000, §14;
2001, §§6, 7; Ord, No. 46-2001 4� Ord. No. 56-2000, §§5, 6 g; Ord. No. 25-
No. 12, 2007, §32; Ord. No. 27-2010, §� No. 55 2003 §§2—4; Ord. No. 12-2006, §19; Ord.
26.575.030. Public amenity.
A. Purpose. The City seeks a vital,pleasant downtown public enviro
contributes to an attractive commercial and lodging district by creatin en Public amenity
settings conducive to n exciting pedestrian sho in
amenity can take the form of physical or operational im roveme g public sp places and
pp g and entertainment atmosphere. Public
private property within these districts. Public amenity Improvements to public rights-of-way or
site is referred to as "on-site public amenity" in this Section provided on the subject development
B. Applicability and requirement. The requirements of this Sect
development of all commercial, lodging and mixed-use development within the C
Section shall apply to the
NC, S/C/I, L, CL, LP and LO Zone Districts. C, C-1, MU
pedestrian-oriented downtown, as well as important area represents the eCand p
neighborhoods. '
lodging
TwentY-five percent (25%) of each parcel within the applicable area shall be
public amenity. For redevelopment of parcels on which less than this twenty-five
(25%) currently exists, the existing rovided as
requirement, provided that no less than ten redevelopment)
(mend tY-five percent
p ) percentage shall be the effective
required public amenity may be allowed as provided in OSubsection 26.575.030.D. R
of requirement. Exempt from these provisions shall be de required. A reduction in the
residential uses. � eduction consisting entirely of
Also exempt from these provisions shall be the redevelopment of parcels
where no on-site public amenity currently exists, provided that the redevelopment is
replacing the building in its same dimensions as measured by foo
p limited to
footprint,height and floor area.
C. Provision of public amenity.
Preservation Commission, Pursuant to the erevlieTw ng and Zond criteria
g Commission or Historic
Commercial Design Review, shall determine the appropriate method or combination of
,
methods for providing this required amenity. One (1) or more of the follow, met
be used such that the standard is reached. ody
1• On-site provision of public ameni g hods may
meeting ubsection 26.575.030.F., DesA portion of the parcel designed in a manner
g
amenitS gn and operational standards for on-site public
2. he Pete provision ro public amenity. Proposed public amenities and Improvements the pedestrian environment within proximity of the development site may o approved
P menu to
by the Planning and Zoning Commission pp ved
Design Review. These may be " ' Pursuant to Chapter 26.412, Commercial
public rights-of-wa y Improvements to private property, public property or
y An easement providing public access over an existing
amenity space for which no easement exists ma
Provides permanent public access and is acceptable to taccepted if such easement
improvements shall equal or exceed the value of an otherwise required e cash-in-lieu Off--site
City of Aspen Land Use Code
Part 500, Page 102
payment and be consistent with any public infrastructure or capital improvement plan
for that area.
3. Cash-in-lieu provision. The City Council, upon a recommendation from the Planning
and Zoning Commission or the Historic Preservation Commission, as applicable may
accept acash-in-lieu payment for any port ion of required public amenity not otherwise
physically provided, accord- to the Y
26.575.030.E Cash-in-lieu a g Procedures and limitations of Subsection
payment.
4. Alternative method. The Co
Design Review, mmission, pursuant to Chapter 26.412, Co
may accept any method of Providing mmercial
such method equals or exceeds t
g amenity not otherwi
described herein if the Commission fmds that se
value, which may be nonmonetary community value, of an otherwise required cash-he
lieu payment.
m
D. Reduction of requirement. A reduction in the required public amenity under the following circumstances:
y may be approved
1• The Planning and Zoning Commission or Historic Preservation Co
to the procedures and criteria of Chapter 26.412, Co mmission, pursuant
reduce the public ameni q mmercial Design Review, may
amenity requirement by any amount, such that no more than one-
half the requirement is waived, as an incentive for well-designed projects having
Positive contribution to the pedestrian enviequirement m
not be less than ten percent (10%). g a
ronment. The resulting may
2. The Historic Preservation Commission
Chapter 26.412, Co , Pursuant to the procedures and criteria of
mmercial Design Review, may reduce b
requirements of this Section for historic landmark properties uponn nearriount the
following circumstances: O of the
a• When the Historic Preservation Commission approves the on-site relocation of an
historic landmark such that the amount of on-site public space is reduced below
that required by this Chapter.
b• When the manner in which an historic landmark building was originally develo
reduces the amount of on-site public amenity required by this Chapter. Ped
c• When the redevelopment or expansion of an historic landmark constitutes an
exemplary preservation effort deserving of an incentive or reward.
E. Cash-in-lieu payment. When the method of providing publi
lieu payment, the following provisions and limitations shall a 1
c amenity includes acash-in-
PP Y-
Formula for determining cash-in-lieu payment:
City of Aspen Land Use Code
Part 500, Page 103
Payment = [Land Value] x
[Public Amenity Percentage]
Where: Land Valve = Value of the unimproved land.
Public Amenity = Percent of the parcel required to be provided
Percentage as a public amenity,
26.575.030.B lessened by other methods�of
providing the amenity.
Land value shall be the lesser of seventy-five dollars ($75.00) per square foot Mu tip
the number of square feet constituting the parcel or the appraised value of the unimproved
by
Property determined by the submission of a current appraisal performed b
Professional real estate appraiser and verified by the Community Development erfo mmproved
Y a qualified
applicant may only waive the current appraisal requu ement by accepting the selven or. An
dollar-per-square-foot standard.
ty five-
Acceptance of a cash-in-lieu payment of public amenity shall be at the option of
Council upon a recommendation from the Planning and Zoning the City
Preservation Commission as applicable. The a g Comm,mmission or the Historic
and payable at the time of issuance of a build' in lieu of public amenity shall be due
may allow the required a g permit. The City Manager, upon request,
to five 5 p Yment-ntlieu to be amortized in equal payments over a period of up
( )years, with or without interest.
All funds shall be collected by the Community Development Director and transfers
Finance Director for deposit in a separate interest-bearing Monies n the to the
shall be used solely for the purchase, development or capital improvement of land
rights-of--way for open space he account
the applicable area in which this requirement ppl' Funds may ja public
Purposes within or adjacent to
use easements. y be used to acquire public
Fees collected pursuant to this Section may be returned to the then-present owner o
for which a fee was paid, including any interest earned, if the fees have f property
seven (7) years from the date fees were paid, unless the City Council shall have e spent within
funds for expenditure on a specific project, in which case the City Council may extend
time period by up to three 3 earmarked the
O 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
from the date payment was received.
year
For the purpose of this Section, payments shall be spent in the order which they are
received. Any payment made for a project for which a buildin
non-commencement of construction, may be refunded if a petition for
the Finance Director within three 3 g permit is canceled, due to
in
refund is submitted to
Permit. All petitions shall be accompanied by a notarized oworn cancellation of the building
is the current owner of the property and by a copy of the dated re eipt issued for petitioner
the fee.
Payment of
City of Aspen Land Use Code
Part 500, Page 104
F. Design and operational standards for public ameni
owned land in which public amenity is requi
and citations: red, shall co ply uwith the following g p isions
1• Onen� tom, public amenity
level which areas shall be open to view from the street at pedestrian
view need not be measured at right angles.
2. Opesky, public amenity areas shall be open to the sky
por
coverings, such as umbrellas and retractable canopies are permitted.gy and seasonal
nonpermanent structures shall not be considered as floor on the parcel. or a reduction on in public
Trellis structures shall only be permitted in conjunction with commer cial restaurant
uses on a designated historic landmark or within H, Historic Overlay Zones, and must
be approved pursuant to review requi
Development m rements contained Involving the Aspen Inventory apter 26.415,
Structures or Development wita an H D' of Historic Landmark Sites and
structures shall not be considered as floor areaoor aOeductioDnlin pubhcus space parcel.
p on the
3. No walls/enclosures. Public amenity
structures, tents, air exchange entries, plastics canopy a enclosed. Temporary
designed to enclose the space are prohibited, unless approved as a temporary canopy walls and similar devices
Pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or
around the perimeter of public space if such structures shall permit p use,
street into and throughout the public space. p views from the
4. Prohibited uses. Public amenity areas shall not be used as storage areas utilit
service areas, delivery areas or parking areas or contain structures of an Y/trash
as specifically provided for herein. Vacated rights-of--way shall be excluded from
public amenity calculations. Y type, except
m
5. Grade limitations. Required public amenity shall not be more than four 4 feet
or two (2) feet below the existing � ) above
Public space, unless the public amenity dspa e s all follow undisturbed natural abuts the
in which case there shall be no limit on the extent to which it is above or below t
tural grade,
existing grade of the street, or if a second level public amenity space is approved b e
the Commission.
Y
6. Pedestrian links. In the event that the Ci
incorporating mid-block pedestrian links, any requ al have spare ted a .trail plan
shall so elect, be applied and dedicated for such use. t, if the City
7. Landscapin plan. Prior to issuance of a building
Development Director shall require site plans and draw]*n sseoff a the Community
g any required public
City of Aspen Land Use Code
Part 500,Page 105
amenity area including a landsc
amount to ensure compl aping plan and a bond in a satisfactory form and
iance with any public amenity requirements under this Title.
8. Maintenance of landscaping.
maintained, the Chief Building Of cal, after thiandscaping required herein is not
owner or occupant of the property, m' (30) days' written notice to the
party complies with the la ds aping requirements of this Section.
until said
9. Outdoor Merchandising on Private Pro ert .
merchandisin Private property may be utili
g purposes by those businesses located adjacent to zed for
Parcel as the outdoor space. This shall not grant transient and on the same sales from peddlers who are
not associated with an adjacent commercial operation. Outdoor merchandising shall
be directly associated with the adjacent business and shall not permit stand-alone
operations, including, but not limited to, automated bike rental racks, movie rental
kiosks, automated dog washes, or automated massage furniture. In additi
merchandising must meet the following requirements: on, outdoor
a) Merchandise must be maintained, orderly and located in front of or proxi
the storefront related to the sales. mate to
b) The display of merchandise shall in no way inhibit the movement of pedestrian
traffic along the public right-of--way. All merchandising shall be located on
private property. A minimum of six (6) foot ingress/egress shall be maintained for
building entrances and exits.
c) Outdoor clothing sales including, but not limited to, coats, jeans, shirts, athletic
apparel, and footwear shall be limited to a display of twelve (12) linear feet. For
all other types of merchandise, the size and amount allowed shall be under the
discretion of the property owner.
d) Umbrellas, retractable canopies, and similar devices are not permi
merchandising. See Section 26.304.070.F.2. tted for outdoor
e) Merchandise shall be displayed for sale with the ability for pedestrians to view the
item(s). Outdoor areas shall not be used solely for storage.
The prohibition of storage shall be limited to merchandising on private propert
and shall not apply to permitted commercial activitr
otherwise permitted by the City. y on n abutting right-of--way or y
10. Outdoor Restaurant Seatin on Private Pro perty. Priv commercial restaurant use if adequate pedestrian and a Property may be used for
emergency vehicle access is
maintained. Umbrellas, retractable canopies, and similar devices are permitted for
commercial restaurant uses. For outdoor food vending in the Commercial Core
District, also see Paragraph 26.470.040.B.3, Administrative growth management
review. g
City of Aspen Land Use Code
Part 500, Page 106
I Design guideline compliance The design of the public amenity shall meet
Parameters of the Commercial, The
m the
Guidelines. g g and Historic District Design Objectives and
(Ord. No. 55-2000, §15; Ord. No. 1-2002
§Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2, Ord. No. 9A, 2010 §2) §3' Ord. No. 2-2005, §2;
26.575.040. RESERVED
(Ord. No. 13-2005, §3; Ord. No. 50-a-2005, §6; Ord. No. 12 2007
2010, §2) , , §§33, 34. Ord. No. 27-
26.575.045. Junkyards and service yards.
Junkyards (See Definitions, Section 25.104.100) shall be screened from the view of
structures uses and rights-of-way. Service yards (See Definitions, Section 26.104.100) lots,
be fenced so as not to be visible from the street and such fences shall be a minim
feet high from grade. All fences shall be of sound construction and shall e shall
ten percent(10%) open area. um six (6)
have not more than
26.575.050. Fences.
Fences shall be permitted in every zone district, provided that no fence shall exce
feet above natural grade or as otherwise regulated by the Residential Design Stand
Commercial Design Standards (see Chapters 26.410 and 26.412).re ed six (6)
public right-of--way shall be constructed of wood, stone, wrought iron g Standards or the
lots, c fence, retaining wall or similar object shall ) Fences visible from the
the traffic vision, nor on corner lots shall any fence retain*
g or masonry. On corner
be erected or maintained which obstructs
erected it maintained which exceeds a height of forty-two (42) inches, measured from s
ming wall or similar obstruction be
grade, within thirty (30) feet from the paved or unpaved roadway.
construction, material, location and height shall be presented to the Building
street
Plans showing proposed
a building permit for a fence is issued. Additionally foliage shall be placed Inspector before
so that it will not obstruct vehicular visibility at intersections. (Ord. No. 55-2000 1
No. 12, 2007, §35) amtained
§ 6, Ord.
Sec. 26.575.060.Utility/trash/recycle service areas.
A. General. The following provisions shall apply to all utility/trash/recycle service are
1. If the property adjoins an alleyway, s.
ay the utility/trash/recycle service area shall be along
and accessed from the alle
utility/trash/recycle service areas shall be fenced entirely
not to be visible an
and such fences shall be six (6) feet high from rade. may' all
m the street,
construction and shall be no less than g All fences shall be of sound
ety percent(90%) opaque.
2- Whenever this Title shall require that a utility/trash/recycle service area be
abutting an alley, buildings may extend to the rear property line if otherwise allowed
Provided
by this Title, provided that an open area is provided which shall be accessible wed
alley and which meets the dimensional requirements of this Section. to the
City of Aspen Land Use Code
Part 500, Page 107
3. A minimum of twenty (20) linear feet of the utility/trash/recycle service area shall be
reserved for box storage, utility transformers or equipment, building access and trash
and recycling facilities. For properties with thirty (30) feet or less of alley frontage,
this requirement shall be fifteen (15) linear feet. For properties with no alley access,
no requirement shall apply. The required area shall have a minimum vertical
clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. The
required area shall not be used for required parking or as vehicular access to a parking
area.
4. The Planning and Zoning Commission may reduce the required dimensions of this
area by special review (see Chapter 26.430) and in accordance with the standards set
forth below at Subsection 26.575.060.B.
B. Review standards for reduction of dimensions. The Planning and Zoning Commission
may reduce the dimensions of a utility/trash/recycle service area by following special review
procedures set forth at Chapter 26.430 if:
1. There is a demonstration that, given the nature of the potential uses of the building and
its total square footage, the utility/trash/recycle service area proposed to be provided
will be adequate.
2. Access to the utility/trash/recycle service area is adequate.
3. Measures are provided for enclosing trash bins and making them easily movable by
trash personnel.
4. When appropriate, provisions for trash compaction are provided by the proposed
development and measures are taken to encourage trash compaction by other
development in the block.
5. The area for public utility placement and maintenance is adequate and safe for the
placement of utilities.
6. Adequate provisions are incorporated to ensure the construction of the access area.
(Ord. No. 5-2005, §3; Ord. No. 12, 2007, §36)
26.575.070. Use square footage limitations.
Within the Commercial Core (CC), Commercial (C-1) and Service/Commercial/Industrial
(S/C/I) Zone Districts, all permitted and conditional commercial businesses shall be restricted
to the following maximum net leasable commercial and office space:
A. 3,000 square feet. The following and similar uses shall be limited to three thousand
(3,000) square feet in net leasable commercial and offices ace:
bakery; bookstore; camera shop; candy, tobacco or cigarette hop; catalogue ogue stlorpe; drug store;
florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop;
photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop;
City of Aspen Land Use Code
Part 500,Page 108
1�3
Ad Name: 9349187A
LEGAL NOTICE
ORDINANCE#27,2013
Customer: Aspen (LEGALS ouwr rr WEARIN
Cit Ordinance 421,Senes of 2013,was adopted on
Y of first reading at the City Council meeting July 8,
2013. This ordinance,if adopted will approve a
Your account number: 1013028
subdivision for 420 E.Hyman to demolish and re-
build a mixed use building. The public hearing on
this ordinance is scheduled for August 12,2013,at
5 PM,City hall,130 South Galena.
PROOF OF PUBLICATION
To ebsitethe entire text,go to the city's legal notice
1ttp:11.,aspe n pitki n,corVDe partme nts/C le rk/Le-
gal-Notices/
/f you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
M 2013.Published in 87]Aspen Times Weekly on July 11,
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 7/11/2013 and that the last publication of
said notice was in the issue of said newspaper dated
7/11/2013.
In witness whereof,I have here unto set my hand
this 07/23/2013.
i
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 07/23/2013.
(�M� ¢_AA
Pamela J.Schultz,Notary Public
Commission expires:November 1,2015
O,�pRY Peel
?PAMELA J. 't
SCHULTZ Q
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My Camiuion Expires 1110111015