HomeMy WebLinkAboutordinance.council.009-02 ORDINANCE NO. 9
(SERIES OF 2002)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
ADDITION OF CHAPTER 8.50, FLOOD DAMAGE PREVENTION AND
SECTIONS 8.50.010-050 AND CODE AMENDMENTS TO THE FOLLOWING
SECTIONS: SECTION 26.104.100, DEFINITIONS; SECTION 26.2~2.070(B),
DRAC MEETINGS, HEARINGS AND PROCEDURES; SECTION
26.304.060(E)(3), PUBLIC NOTICE; SECTION 26.312.030 (F)(2),
NONCONFORMING STRUCTURES/USES; SECTION 26.410.040(B)(1),
SECONDARY MASS; SECTION 26.440.070(B), SPECIALLY PLANNED AREA
AGREEMENT AND RECORDATION; SECTION 26.445.070(A), RECORDING A
PLANNED UNIT DEVELOPMENT PLAN; SECTION 26.480.030(A)(2)(E),
SUBDIVISION EXEMPTIONS; SECTION 26.480.070, SUBDIVISION
AGREEMENT; SECTIONS 26.510.040(E), 26.510.060 & 26.510.080(C), SIGNS;
SECTION 26.610.020(D), PARK DEVELOPMENT IMPACT FEE; AND SECTION
26.610.080, PARK DEVELOPMENT IMPACT FEE, AFFORDABLE HOUSING,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department initiated code
amendment changes to the above cited sections pursuant to Section 26.210.020(B)(14) of
the Land Use Code; and
WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance
with the procedures, standards, and limitations of this Chapter, shall by ordinance
approve, approve with conditions, or deny a Code Amendment application for
Amendment to the Land Use Code and Official Zone District Map, after recommendation
by the Community Development Department and Planning and Zoning Commission
pursuant to Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments to the above cited sections pursuant to Section 26.310.040 and
recommended approval; and,
WHEREAS, during a public hearing on January 29, 2002, the Planning and
Zoning Commission recommended, by a six to zero (6-0) vote, the City Council approve
the amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC
Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section
26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1),
Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and
Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan;
Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision
Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section
26.610.020(D), Park Development Impact Fee as proposed by the Community
Development Department and,
WHEREAS, the City Council conducted a public hearing, considered the
recommendation of the Community Development Director and took public testimony for
the addition of Chapter 8.50, Floor Damage Prevention and Sections 8.50.010-050 and
Code Amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC
Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section
26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1),
Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and
Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan;
Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision
Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section
26.610.020(D), Park Development Impact Fee as proposed by the Community
Development Department and,
WItEREAS, the City Council finds that the Code Amendment proposal meets or
exceeds all applicable amendment standards and that the approval of the Code Amendment,
is consistent with the goals and elmnents of the Aspen Area Community Plan; and,
WItEREAS, 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 OF ASPEN CITY
CouNcIL:
Section 1: /
That Title 8 of the Aspen Mtmicipal Code be amended by the addition ora new Chapter
8.50 which chapter shall read as follows:
FLOOD DAMAGE PREVENTION
SECTION 8.50.010
FINDINGS OF FACT, PURPOSE AND METHODS OF REDUCING FLOOD
LOSS
A) FINDINGS OF FACT
(1) The flood hazard areas of Pitkin County and Incorporated areas are subject
to periodic inundation which results in loss of life and property, health and safety
hazards, disruption of commerce and govemmentaI services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the pubiic health, safety and general welfare.
(2) These flood losses can be caused by increases in storm water runoff due to
development, and the construction in or alteration of drainage channels. Uses that
are inadequately floodproofed, elevated or otherwise protected from flood damage
also contribute to the flood loss.
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B) STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions to specific
areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and server lines, streets and bridges located in areas of
special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to min/mize future flood blight
areas;
(7) To ensure that potential buyers are notified that property is in an area of
special flood hazard; and,
(8) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
C) METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes methods and provisions
for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities that serve such
uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate, detain or channel flood waters;
(4) Controthng filling, grading, dredging, and other development which may
increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards in other areas.
SECTION & 50.020
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give
this ordinance its' most reasonable application.
"Appeal" means a request for a review of the Community Development
Engineer interpretation of any provisions of this ordinance or a request for a
variance.
"Area of special flood hazard" means the land in the floodplain subject to a
one percent or greater chance of flooding in any given year.
"Base flood" means the flood having a one percent chance of being equaled
or exceeded in any given year.
"Development" means any man-made change to improved or unimproved
real estate, including but not bruited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations located within
the area of special flood hazard.
"Existing manufactured home park or subdivision" means a manufactured
home park for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) are completed before the effective date of this ordinance.
"Expansion to exist'rog manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads).
"Flood" or "flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas fi'om:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation or runoff of surface waters from
any source.
"Flood Insurance Rate Map (FIRM)" means the official map on which the
Federal Emergency Management Agcmcy has delineated both the areas of special
flood hazards and the risk premium zones.
"Flood Insurance Study" means the official report provided by the Federal
Emergency Management Agency that includes flood profiles, the Flood
Boundary-Floodway Map, and the water surface elevation of the base flood.
"Floodway" means the channel of a fiver or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
"Lowest floor" means the lowest floor of the lowest enclosed area (inchiding
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than a basement area, is not
considered a building's lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the apphcable non-elevation design requirements
of this ordinance.
"Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle."
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of this original ordinance, and includes any
subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the
pouting of concrete pads) is completed on or after the effective date of these
floodplain management [egulations
"R~creational vehicle" means a vehicle, which is (1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections; (3)
designed to be self-propelled or pennancmtly towable by a light duty track; and (4)
designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Start of construction" includes substantial improvement, and means the date
the building permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days of the permit
date. The actual start means the first placement of permanent construction of a
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structure on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation or the
placement of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling; nor does it include
the installation of streets and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or
not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building or manufactured home that
is principally above ground.
"Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage
occurred.
"Substantial improvement" means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures which have incurred "substantial
damage," regardless of the actual repair work performed. The term does not,
however, include either:
(1) Any project for improvement of a sh'ucture to correct existing
violations of state or local health, sanitary, or safety code specifications which have
been identified by the local code enfomement official and which are the minimum
necessary to assure safe living conditions or
(2) Any alteration of a "historic structure," provided that the alteration
will not preclude the structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this ordinance
which permits construction in a manner that wouldothenvise be prohibited by this
ordinance.
SECTION & 50. 030
GENER./IL PRO VISIONS
A) LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special lood hazard within the jurisdiction
of the City of Aspen, Colorado.
B) BASIS FOR ESTABLISHING TIlE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by the federal Emergency
Management Agency in a scientific and engineering report entitled, "The Flood
Insurance Study for Pitkin County and Incorporated Areas", dated September 30,
1988, with an accompanying Flood Insurance Rate Map (FIRM), is hereby
adopted by reference and declared to be a part of this ordinance. The Flood
Insurance Study and FIRM are on file at the offices of the Community
Development Engineer and (Address of Map Repository).
C) COMPLIANCE
No structure or land shall hereafler be constructed, located, extended, converted or
altered without full compliance with the terms of this ordinance and other applicable
regulations.
D) ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
E) INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
(1) Considered as minimum requiren~ents;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under State
statutes.
17) WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by tiffs ordinance is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This ordinance does not imply that land outside the
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areas of special flood hazard or uses permitted with/n such areas will be free from
flooding or flood damages. This ordinance shall not create liability on the part of the
City of Aspen, any officer or employee thereof, or the Federal Emergency
Management Agency for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made thereunder.
SECTION & 50. 040
ADMINISTRATION
A) ESTABLISHMENT OF DEVELOPMENT PERMIT
A development permit shall be obtained before construction or development begins
within any area of special flood hazard established in Section 8.50.030(B).
Application for a development permit shall be made on forms furnished by the
Community Development Engineer and may include, but not be limited to:
Plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the foregoing.
Where base flood elevations are utilized, ali new construction, substantial
improvements and other development must comply with requirements of Section
8.50.040(C)(2), Use of Other Base Flood Data.
B) DESIGNATION OF THE COMMUNITY DEVELOPMENT
ENGINEER OF THE CITY OF ASPEN
The Community Development Engineer is hereby appointed to administer and
implement this ordinance by granting or denying development permit applicafi?ns in
accordance with its provisions.
C) DUTIES AND RESPONSIBILITIES OF THE COMMUNITY
DEVELOPMENT ENGINEER
Duties of the Community Development Engineer shall include, but not be limited to:
1) Permit Review
(a) Review all development permits to determine that the permit
requirements of this ordinance have been satisfied;
(b) Review ail development permits to determine that all necessary
permits have been obtained from Federal, State, or local governmental agencies
bom which prior approval is required.
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(c) Review all development permits to determine if the proposed
development is located in the floodway. If located in the floodway, assure that the
encroachment provisions of Section 8.50.050(C) are met.
2) Use of Other Base Flood Data
When base flood elevation data has not been provided in accordance with Section
8.50.030(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD, the Community Development Engineer shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available from any
Federal, State, or other source. Where base flood elevation data are utilized, all ne~v
construction, substantial improvements, or other development in Zone A are
administered in accordance with Sections 8.50.040(C)(3), Information to be
Obtained and Maintained and 8.50.050(B), SPECIFIC STANDARDS.
3) Information to be Obtained and Maintained
(a) Obtain and record the actual elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement.
(b) For all new or substantially improved floodproofed structures:
(i) Verify and record the actual elevation (in relation to mean
sea level) to which the structure has been floodproofed.
(ii) Maintain the floodproofing certifications required in Section
8.501040(C)(1).
(c) Maintain for public inspection all records pertaining to the provisions
of this ordinance.
4) Alteration of Watercourses
(a) Notify adjacent communities, the Colorado Water Conservation Board,
and the Grand Junction office of FEMA prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency.
(b) Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is not diminished.
5) Interpretation of FIRM Boundaries
Make interpretations, where needed, as to the exact location of the boundaries of the
areas of special flood hazard (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable oppommity to appeal the
interpretation as provided in Section 8.50.040(D).
D) VARIANCE PROCEDURE
1) Appeal Board
(a) The Building Code Board of Appeals, as established by the City of
Aspen, shall hear and decide appeals and requests for variances from the
requirements of this ordinance.
(b) The Building Code Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any requirement, decision, or determination
made by the Community Development Engineer in the enforcement or
administration of this ordinance.
(c) Those aggrieved by the decision of the Building Code Board of
Appeals, or any taxpayer, may appeal such decisions to the Circuit Court as
provided in the Colorado Statute.
(d) In passing upon such applications, the Building Code Board of
Appeals shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this ordinance, and:
(i) the danger that materials may be swept by floodwaters onto
other lands to the injury of others;
(ii) the danger to life and property due to flooding or erosion
damage;
(iii) the susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owners;
(iv) the importance of the services provided by the proposed
facility to the community;
(v) the necessity to the facility of a waterfront location, where
applicable;
(vi) the availability of alternative locations for the proposed use
which are not subject to flood'mg or erosion damage;
(vii) the compatibility of the proposed use with the existing and
anticipated development;
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(viii) the relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
(ix) the safety of access to the property in times of flood for
ordinary and emergency vehicles;
(x) the expected heights, velocity, duration, rate of rise and
sediment transport of the floodwaters and the effects of wave action, if
applicable, expected at the site; and,
(xi) the costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, streets and
bridges.
(e) Upon consideration of the factors of Section 8.50.040(D)(1)(d) and
the purposes of this ordinance, the Building Code Board of Appeals may attach such
conditions to the granting of variances as it deems necessary to further the purposes
of this ordinance.
(f) The Community Development Engineer shall maintain the records of
all appeal actions, including tecknical information, and report any variances to the
Federal Emergency Management Agency.
1) Conditions for Variances
(a) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the
base flood level, providing items (i-xi) in Section 8.50.040(D)(1)(d) have been fully
considered. As the lot size increases beyond the one-half acre,the technical
justifications required for issuing the variance increases.
(b) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places or the State
Inventory of Historic Places without regard to the procedures set forth in the
remainder of this section.
(c) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(d) Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
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(i) a showing of good and sufficient cause;
(ii) a detenuination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(iii) a determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expenses, create nuisances, cause fraud on or victimization of the
public as identified in Section 8.50.040(D)(1)(d) or conflict with existing
local laws or ordinances.
(f) Any apPlicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest floor below the
base flood elevation and that the cost of flood insurance will be conunensurate with
the increased risk from the reduced lowest floor elevation.
SECTION &50.050
PROVISIONS FOR FLOOD HAZARD REDUCTION
A) GENERAL STANDARDS
In all areas of special flood hazard, the following standards are required:
1) Anchoring
(a) All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure and capable of
resisting the hydrostatic and hydrodynamic loads.
(b) All manufactured homes must be elevated and anchored to resist
flotation, collapse or lateral movement and capable of resisting the hydrostatic and
hydrodynamic loads. Methods of anchoring may include, but are not limited to use
of over-the-top or frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind forces. Specific
requirements may be:
(i) over-the-top ties be provided at each of the four comers of
the manufactured home, with two additional ties per side at intermediate
locations, with manufactured homes less than 50 feet long requiring one
additional tie per side.
(ii) frame ties be provided at each comer of the home with five
additional ties per side at intermediate points, with manufactured homes less
than 50 feet long requiring four additional ties per side;
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(iii) all components of the anchoring system be capable of
carrying a force of 4,800 pounds; and
(iv) any additions to the manufactured home be similarly
anchored.
2) Construction Materials and Methods
(a) Ail new construction m~d substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
(c) All new construction and substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
3) Utilities
(a) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(b) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and discharge
from the systems into flood waters; and
(c) On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
4) Subdivision Proposals
(a) All subdivision proposals shall be consistent with the need to
minimize flood damage;
(b) All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed to
minimize flood damage;
(c) Ail subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
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(d) Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or 5 acres (whichever
is less).
B) SPECIFIC STANDARDS
In all areas of special flood hazard where base flood elevation data has been
provided as set forth in Section 8.50.030(B), BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD or SECTION 8.50.040(C)(2), Use of
Other Base Flood Data, the following provisions are required:
1) Residential Construction
New construction and substantial improvement of any residential structure shall
have the lowest floor (including basement) elevated to or above the base flood
elevation.
2) Nonresidential Construction
New construction and substantial improvement of any commercial, industrial or
other nonresidential structure shall either have the lowest floor (including basement)
elevated to the level of the base flood elevation; or, together with attendant utihty
and sanitary facilities, shall:
(a) be floodproofed so that below the base flood elevation the structure
is watertight with walls substantially impermeable to the passage of water;
(b) have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and,
(c) be certified by a registered professional engineer or architect that the
design and methods of construction are in accordance with accepted standards of
practice for meeting the provisions of this paragraph. Such certifications shall be
provided to the official as set forth in Section 8.50.040(C)(2)
3) Openings in Enclosures Below the Lowest Floor
For all new construction and substantial improvements, fully enclosed areas below
the lowest floor that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meet'mg this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the following
minimum criteria:
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(a) A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding shall be
provided;
(b) The bottom of all openings shall be.no higher than one foot above
grade;
(c) Openings may be equipped with screens, louvers, or other coverings
or devices provided that they permit the automatic entry and exit of floodwaters.
4) Below-Grade Residential Crawlspace Construction
New construction and substantial improvement of any below-grade crawlspace
shall:
(a) Have the interior grade elevation, that is below base flood elevation,
no lower that two feet below the lowest adjacent grade;
(b) Have the height of the below grade crawlspace measured frOm the
interior grade of the crawlspace to the top of the foundation wall, not exceed four
feet at any point;
(c) Have an adequate drainage system that allows floodwaters to drain
from the interior area of the crawlspace following a flood;
(d) Meet the provisions of Section 8.50.050(A)(1), Anchoring;
8.50.050(A)(2), Construction Materials and Methods; and 8.50.050(A)(3), Openings
in Enclosures Below the Lowest Floor.
5) Manufactured Homes
(a) Manufactured homes shall be anchored in accordance with Section
8.50.050(A)(1)(a).
(b) All manufactured homes or those to be substantially improved shall
conform to the following requirements:
(i) Require that manufactured homes that are placed or
substantially improved on a site (a) outside of a manufactured home park or
subdivision, (b) in a new manufactured home park or subdivision, (c) in an
expansion to an existing manufactured home park or subdivision, or (d) in an
existing manufactured home park or subdivision on which a~manufactured
home has incurred "substantial damage" as the result of a flood, be elevated
on a permanent foundation such that the lowest floor of the manufactured
home is elevated to or above the base flood elevation and be securely
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anchored to an adequately anchored foundation system to resist flotation,
collapse and lateral movement.
(ii) Require that manufactured homes be placed or substantially
improved on sites in existing manufactured home parks or subdivisions that
are not subject to the provisions in (a) above be elevated so that either (a) the
lowest floor of the manufactured home is at or above the base flood
elevation, or (b) the manufactured home chassis is supported by reinforced
piers or other foundation elements that are no less than 36 inches in height
above grade and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
6) Recreational Vehicles
Recreation vehicles are prohibited per Section 16.04.080 of the Aspen Municipal
Code.
C) FLOODWAYS
Located within areas of special flood hazard established in Section 8.50.030(B) are
areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters which carry debris, potential projectiles, and
erosion potential, the following provisions apply:
(1) Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the base flood
discharge.
(2) If Section 8.50.050(C)(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction
provisions of Section 8.50.050, PROVISIONS FOR FLOOD HAZARD
REDUCTION
Section 2:
That Section 26.104.100 of the Aspen Municipal Code shall be amended as follows:
Section 26.104.100~ De[~nitions:
Awning. A roof-like cover that projects not less that three (3) feet and not more
than five (5) feet from the wall of a building for the purpose of shielding a
doorway or window from the elements.
Canopy. A roof-like cover that projects more than five (5) feet from the wall of a
building.
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Section 3:
That Section 26.222.070(B) of the Aspen Municipal Code shall be amended as follows:
Section 26.222. 070(B), Meetings~ hearings and procedures:
B. All meetings of the Design Review Appeal Committee shall be open to
the public, and project sites for specific appeals shall be required to post the
property at least fifteen (15) days prior to the hearing before the Committee.
Section 4:
That Section 26.304.060(E)(3) of the Aspen Municipal Code shall be amended as
follows:
Section 26.304.060(E)(3)~ Public Notice:
b. Posting of notice. Posting of notice shall be made by the applicant, who
shall obtain a copy of the form from the Community Development Department.
The notice shall be posted at least fifteen (15) days prior to the public hearing, by
posting a sign in a conspicuous place on the property subject to the development
application. The sign shall be made of suitable, waterproof materials, shall be not
less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall
be composed of letters not less than one inch in height.
c. Mailing of notice. Mailing of notice shall be made by the applicant, who
shall obtain a copy of the notice from the Community Development Department.
The mailing shall contain that information described in Section 26.304.060(E)(2).
At least fifteen (15) days prior to the public hearing, notice shall be sent by first
class, postage prepaid U.S. mail, or hand delivered, to all owners of property
within three hundred (300) feet of the property subject to the development
application. The names and addresses of property owners shall be those on the
current tax records of Pitkin County as they appeared no more than sixty (60)
days prior to the date of the public hearing.
f. Notice to Mineral Estate Owner. An applicant for surface development
shall notify affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application for
development. The applicant shall certify .that notice has been provided to the
mineral estate owner.
Section 5:
That Section 26.312.030(F)(2) of the Aspen Municipal Code shall be amended as
follows:
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Section 26.312.030(F)(2), Nonconforming structures, Abilit~ to Restore:
F. Ability to Restore.
1. Non-purposeful destruction. Any non-conforming structure which
is demolished or destroyed by an act of nature, or through any rammer not
purposefully accomplished by the owner, may be restored as of right if a building
permit for reconstruction is issued within twenty four (24) months of the date of
demolition or destruction.
2. Purposeful destruction. Any non-conforming structure which is
purposefully demolished or destroyed may be replaced with a different structure
only if the replacement structure is in conformance with the cun'ent provisions of
this Title, or unless replacement of the non-conformity is approved pursuant to the
provisions of Chapter 26.430, Special Review. Any structure which is non-
conforming in regards to the permitted density of the underlying zone district may
maintain that specific non-conformity only if a building permit for the
replacement structure is issued within twelve (12) months of the date of
demolition or destruction.*
*A duplex or two single-family residences on a substandard parcel in a zone
district permitting such use is a non-conforming structure and subject to non-
conforming structure replacement provisions. 'Density on a substandard parcel is
permitted to be maintained but the structure must comply with the dimensional
requirements of the code including single-family floor area requirements.
Section 6:
That Section 26.410.040(B)(1) of the Aspen Municipal Code shall be amended as
follows:
Section 26.410.040(B)(1)~ Building Form, SecondarF Mass:
1. Secondary Mass. All new structures shall locate at least 10% of their
total square footage above grade in a mass which is completely detached from the
principal building, or linked to it by a subordinate connecting element. Accessory
buildings such as garages, sheds, and Accessory Dwelling Units are examples of
appropriate uses for the secondary mass.
A subordinate linking element for the purposes of secondary mass shall be
defined as an element not less than six (6) feet in width and ten (10) feet in length
with a plate height of not more than nine (9) feet.
Section 7:
That Section 26.440.070(B) of the Aspen Municipal Code shall be amended as follows:
Section 26.440.070(B), SPA agreement and recordation:
B. Recordation of final development plan. The final development plan, which
shall consist, as applicable, of final drawings depicting the site plan, landscape
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plan, utility plan and building elevations, and specially planned area (SPA)
agreement shall be recorded in the office of the Pitkin County Clerk and
Recorder, and shall be binding upon the property owners subject to the
development o~der, their successors and assigns, and shall constitute the
development regulations for the property. Development of the property shall be
limited to the uses, density, configuration, and all other elements and conditions
set forth on the final development plan and SPA agreement. Failure on the part of
the applicant to record the final development plan and SPA agreemenI within a
period of one hundred and eighty (180) days following its approval by City
Council shall render the plan invalid and all associated vested rights shall expire.
The Community Development Director may extend the recordation deadline if the
request is within the vesting timeline and if there is a community interest for
providing such an extension. The Community Development Director may
forward the extension request to the Planning and Zoning Commission.
Section 8:
That Section 26.445.070(A) of the Aspen Municipal Code shall be amended as follows:
Section 26.445.070(A)~ Recording a Final PUD Development Plan:
A. General. Unless otherwise specified in the City Council Ordinance
granting final approval of a PUD development plan, all necessary documents, as
applicable, shall be recorded within one-hundred-and-eighty (180) days of the
adoption date of the final Ordinance. Failure to file these documents within this
time period shall render null and void the approval of a final development plan.
The Community Development Director may extend the recordation deadline if the
request is within the vesting timeline and if there is a community interest for
providing such an extension. The Community Development Director may
forward the extension request to the Planning and Zoning Commission.
Reconsideration of the final development plan and PUD agreement by the
Planning and Zoning Commission and City Council may be required before its
acceptance and recording.
Section 9:
That Section 26.480.030(2)(E) of the Aspen Municipal Code shall be amended as
follows:
Section 26.480.050(2)(E), Lot Split:
e. The subdivision exemption a~eement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid. The Community
Development Director may extend the recordation deadline if the request is within
the vesting timeline and if there is a community interest for providing such an
extension. The Community Development Director may forward the extension
request to the Planning and Zoning Commission.
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Section 10:
That Section 26.480.070(£) of the Aspen Municipal Code shall be amended as follows:
Section 26.480.070(E)~ Subdivision Agreement, Recordation:
E. Recordation. The subdivision agreement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part of the
applicant to record the plat within a period of one hundred eighty (180) days
following approval by the City Council shall render the plat invalid. The
Community Development Director may extend the recordation deadline if the
request is within the vesting timeline and if there is a community interest for
providing such an extension. The Community Development Director may
forward the extension request to the Planning and Zoning Commission. The
subdivision plat shall also be submitted in a digital format acceptable to the
Community Development Department, for incorporation into the City/County
GIS system. The one hundred eighty (180) day recordation requirement contained
herein shall not apply to the recording of condominium maps, or declarations or
any other documents required to be recorded to accomplish a condominiumization
in the City of Aspen.
Section 11:
That Section 26.510.040(E) of the Aspen Municipal Code shall be amended as follows:
Section 26.$10.040(E), Determination of Compliance:
E. Determination of c?mpliance.
After reviewing the application and determining its compliance and consistency
with the purposes, requirements and standards in this Chapter, the Corrkmtmity
Development Director shall approve, approve with conditions or deny the
development application for a sign permit.
Section 12:
That Section 26.510.060 of the Aspen Municipal Code shall be amended as follows:
Section 26. 51 O. 060~ Sign Setback:
Signs are not subject to the setback requirements of the zone district where they
are located.
Section 13:
That Section 26.510.080(C) of the Aspen Municipal Code shall be amended as follows:
Section 26.510.080(C), Graphic Des(gns: Section has been eliminated.
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Section 14:
That Section 26.610.020(D) of the Aspen Municipal Code shall be amended as follows:
Section 26.610.020(D)~ Park Impact FeeI ~lpplicabilitF: Section has been
eliminated.
Section 15:
That Section 26.610~080 of the Aspen Municipal Code shall be amended as follows:
Section 26. 61 O. 080~ ,4[[ordable Housing
Whenever the city council shall have determined that any part of a proposed
development constitutes an affordable housing development and wishes to
subsidize its construction, the city council may exempt that part of the
development from the application of the park development impact fee, or reduce
by any amount the fees imposed by this section.
Section 16:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approval as herein awarded, whether in public hearing or documentation
presented before the Plamfing and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set f6rth herein, unless amended by an authorized entity.
Section 17:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 18:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 25th day 0fFebru~ 2002.
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Attest: - ::..
l~tlar~ S.~och, City Clerk
~N~LY, adopted, p~sed ~d approved tbs 25th Day of M~ch 2002.
A~est:
~th~ S~eh, ~ Clerk
Approved as to form:
John W6rcest~r,'C~ ARorney
d:~home~saraho¥1anning~codeam~ndments~smallcodeordfe~a:doc
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