HomeMy WebLinkAboutordinance.council.001-02 ORDINANCE NO. 1, SERIES OF 2002
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
AMENDMENTS TO THE HISTORIC PRESERVATION PROGRAM AND THE
FOLLOWING SECTIONS OF THE LAND USE CODE: SECTION 26.104-
GENERAL PROVISIONS, 26.208- CITY COUNCIL, 26.212- PLANNING AND
ZONING COMMISSION, 26.220- HISTORIC PRESERVATION COMMISSION,
26.304- COMMON DEVELOPMENT REVIEW PROCEDURES, 26.312-
NONCONFORMITIES, 26.415- DEVELOPMENT INVOLVING THE
INVENTORY OF HISTORIC SITES AND STRUCTURES OR WHICH OCCURS
IN AN "H," HISTORIC OVERLAY DISTRICT, 26.420, HISTORIC OVERLAY
DISTRICTS AND HISTORIC LANDMARKS, 26.430- SPECIAL REVIEW,
26.470- GROWTH MANAGEMENT QUOTA SYSTEM, 26.480- SUBDIVISION,
26.500 DEVELOPMENT REASONABLY NECESSARY FOR THE
CONVENIENCE AND WELFARE OF THE PUBLIC, 26.510- SIGNS. 26.515- OFF
STREET PARKING, 26.520- ACCESSORY DWELLING UNITS, 26.575.030-
OPEN SPACE, 26.575.120- SATELLITE DISH ANTENNAS, 26.610- PARK
DEVELOPMENT IMPACT FEE, AND 26.710- ZONE DISTRICTS
WHEREAS, the Community Development Department and the Aspen Historic
Preservation Commission have been involved in a year long process to evaluate and
improve the Historic Preservation Program; and,
WHEREAS, with substantial input ft'om the public and other City review boards,
a new historic preservation ordinance has been prepared and staff has identified other
areas of the Land Use Code which require amendment to enact the new program; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Planning Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council at a public hearing
after reviewing and considering these recommendations; and,
WHEREAS, the Planning Director recommended approval of amendments to
Sections 26.104, 26.208, 26.212, 26.220, 26.304, 26.312, 261415, 261420, 26.430, 26.470,
26.480, 26.500, 26.510, 26.515, 26.520, 26.575.030, 26.575.120, 26.610, and 26.710 of
the land use code of the Aspen Municipal Code as described herein; and,
WHEREAS, the Historic Preservation Commission conducted a public hearing
and reviewed and endorsed the new historic preservation regulations and benefits by a 6
to 1 vote on November 28, 2001, and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing to
consider the proposed amendments to the historic preservation regulations and related
sections of the land use code on December 11, 2001, took and considered public
testimony and the recommendations of the Planning Director and Historic Preservation
Commission and recommended, by a 6 to 1 vote, City Council amend the text of sections
26.104, 26.208, 26.212, 26.220, 26.304, 26.312; 2~14i5, 26.420, 26.430, 26.470, 26.480,
26.500, 26.510, 26.515, 26.520, 26.575.030, 26.575.120, 26.610, and 26.710 of the land
0d¢ 0fthc Aapcn Municipal C0dc as described herein, and;
WHEREAS, the Aspen City Council opened a public hearing on this Ordinance
on January 28'h, 2002 and continued it to February 12th, February 25"', March 11th, and
March 12th, and has reviewed and considered those recommendations made by the
Community Development Department, the Historic Preservation Commission, and the
Planning and Zoning Commission, and has taken and considered public comment at a
public hearing; and
WHEREAS, the City Council has determined that it is in the best interests of the
City to designate certain historic resources in a cooperative manner with the owners of
such resources, but recognizes that certain historic resource will be lost forever unless a
process is instituted to protect such resources without owner consent; and
WHEREAS, the City Council has determined that on average residential
structures in the City of Aspen are demolished after approximately 38.5 years, a period of
time that is considerably less than the national average; and
WHEREAS, the City Com~cil recognizes that the development of the City of
Aspen as a destination ski resort was begun in earnest 40 years ago and before; and
WHEREAS, the City of Aspen is a unique ski resort community because of its
historic resources including extraordinary examples of post World War II ski industry
architecture that are 40 years old and older; and
WHEREAS, the City Council has determined that it is in the City's best interest
to designate properties without the owners' consent only in those instances where the
historic resource has a history of 40 years or more and therefore has exceeded the average
time for demolition and thus "met the test of time;" and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY cOuNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.104.100 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
Dwelling, multi-family. A residential structure containing three (3) or more
attached dwelling units, not including hotels and lodges, but including townhomes, with
accessory use facilities limited to an office, laundry, recreation facilities, and off-street
parking used by the occupants. One (1) or more dwelling units located within an office,
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retail, or service commercial building shall also be considered a multi-family dwelling.
The term "multi-family dwelling" also includes properties listed on the Aspen Inventory
of Historic Landmark Sites and Structures consisting of three (3) or more detached
dwelling units where permitted by the zone district.
Historic landmark. A structure or site designated and regulated for its historic
architectural or other importance tmder Chapter 26.415 of this Title.
Historic Overlay District~ "H". An area or site designated and regulated for its
historic architectural importance under Chapter 26.415 of this Title.
Residential multi-family housing. A dwelling unit which has in its history ever
housed a working resident and which is located in a building in one of the following
configurations:
1) A multi-family residential building;
2) A mixed-use building; or,
3) A detached building on a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures containing three or more detached residential
units where permitted by the zone district.
Excluded from this definition shall be single-family and duplex dwellings and dwelling
units used exclusively as tourist accommodations or by non-working residents.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.208.010 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.208.010 Powers and Duties
In addition to any authority granted by state law or the Municipal Code of the City
of Aspen, Colorado, the City Council shall have the following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To hear, review, and adopt amendments to the text of this Title after
recommendation by the commission, pursuant to Chapter 26.310;
C. To initiate amendments to the official zone district map, pursuant to Chapter
26.310;
D. To hear, review, and adopt amendments to the official zone district map after
recommendation by the Planning and Zoning Commission, pursuant to Chapter 26.310;
E. To hear, review, and adopt a conceptual development plan and a final
development plan for specially planned areas (SPA), after recommendations of the
Planning and Zoning Commission, pursuant to Chapter 26.440;
F. To hear, review, and adopt a conceptual development plan and a final
development plan for a planned unit development (PUD), pursuant to Chapter 26.445;
G. To hear, review, and designate H, Historic Overlay Districts and the Aspen
Inventory of Historic Landmark Sites and Structures, after recommendation from the
Historic Preservation Commission, pursuant to Chapter 26.415;
H. To review appeals from decisions of the Historic Preservation Commission
approving, conditionally approving or disapproving a development application for
development or demolition of a property listed on the Aspen Inventory of Historic
Landmark Sites and Structures or_a development application for development or
demolition in a H, Historic Overlay District pursuant to Chapter 26.415;
I. To ratify historic district and historic landmark development guidelines pursuant
to Chapter 26.415;
Section 3:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.212.010 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.212.010 Powers and Duties
In addition to any authority granted the Planning and Zoning Commission
(hereinafter "commission") by state law or the Municipal Code of the City of Aspen,
Colorado, the commission shall have the following powers and duties:
A. To initiate amendments to the text of this title, pursuant to Chapter 26.310;
B. To review and make recommendations of approval or disapproval of amendments
to the text of this title, pursuant to Chapter 26.310;
C. To initiate amendments to the official zone district map, pursuant to Chapter
26.310;
D. To review and make recommendations of approval, approval with conditions, or
disapproval to the City Council in regard to amendments of the official zone district map,
pursuant to Chapter 26.310;
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E. To review and make reconunendations of approval, approval with conditions, or
disapproval to the City Council on a conceptual development plan and final development
plan for planned unit development (PUD), p~trsuant to Chapter 26.445;
F. To review and make recommendations of approval, approval with conditions, or
disapproval to the City Council on adoption of a conceptual development plan and final
development plan or specially planned areas (SPA), pursuant to Chapter 26.440;
G. To review, score, and recommend allotments for residential, office and
commercial, and lodge pursuant to growth management quota system (GMQS), pursuant
to Chapter 26.470;
H. To make determinations of exemptions from the growth management quota
system (GMQS), pursuant to Chapter 26.470;
I. To hear, review and recommend approval, approval with conditions, or
disapproval of a plat for subdivision, pursuant to Chapter 26.480;
J. To hear and approve, approve with conditions, or disapprove conditional uses
pursuant to Chapter 26.425;
K. To hear and approve, approve with conditions, or disapprove development subject
to special review, pursuant to Chapter 26.430;
L. To hear and approve, approve with conditions, or disapprove development in
environmentally sensitive areas (ESA), pursuant to Chapter 26.435;
M. To make its special knowledge and expertise available upon reasonable written
request and authorization of the City Council to any official, department, board
commission or agency of the City of Aspen, Pitkin County, State of Colorado, or the
federal government; and
N. To adopt such rules of procedure necessary for the administration of its
responsibilities not inconsistent with this title.
O. To hear, review and approve variances to the Residential Design Guidelines,
pursuant to Chapter 26.410;
P. To hear and decide appeals from, and review any order, requirement, decision, or
determination made by, any administrative official charged with the enforcement of
Chapter 26.4 l 0, including appeals of interpretation of the text of the Residential Design
Standards. The Commission may only grant relief from the Residential Design Standards.
A variance from the Residential Design Standards does not grant an approval to vary
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other standards of this Chapter that may be provided by another decision making
administrative body.
Section 4:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.220 of the Aspen Municipal Code to read as follows. (Note that only
the specific passage to be amended is indicated. All portions of these sections not listed
below shall remain in effect):
Sections;
26.220.010 Powers and duties.
26.220.020 Qualifications for membership.
26.220.030 Membership; appointment, removal, terms and vacancies.
26.220.040 Staff.
26.220.050 Quorum and necessary vote.
26.220.060 Meetings, hearing and procedure.
26.220.070 Committees and project monitoring.
26.220.010 Powers and duties.
The Historic Preservation Commission (HPC) shall have the following powers
and duties:
A. Recommendation of approval or disapproval to the City Council of the
designation of H, Historic OverlaY Districts and the Aspen Inventory of Historic
Landmark Sites and Structures, pursuant to Chapter 26.415;
B. Review and approval, approval with conditions, suspension or disapproval of
development within the H, Historic Overlay District or development involving the Aspen
Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415;
C. Review and approval, approval with conditions, suspension or disapproval of
demolition or relocation involving properties listed on the Aspen Inventory of Historic
Landmark Sites and Structures pursuant to Chapter 26.415, or properties under
consideration for the Aspen Inventory of Historic Landmark Sites and Structures pursuant
to Chapter 26.415.080 and 26.415.090;
D. Recommendation of approval, approval with conditions, or disapproval to the
Board of Adjustment or Planning and Zoning Commission on a request for variance in
the H, Historic Overlay District or involving properties listed on the Aspen Inventory of
Historic Landmark Sites and Structures, pursuant to Chapter 261415.130;
E. Adoption of Historic District and Historic Landmark Development Guidelines,
pursuant to Chapter 26.415;
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F. Recommendation to the Planning and Zoning Commission to initiate amendments
to this Chapter;
G. To hear and approve, approve with conditions, or disapprove variations pursuant
to Chapter 26.415; and
H. To grant variances from the provisions of this Title when a consolidated
application is presented to the Historic Preservation Commission for review and approval
pursuant to Chapter 26.314.
I. To hear, review and approve variances to the Residential Design Guidelines,
pursuant to Chapter 26.410;
J. To hear and decide appeals from, and review any order, requirement, decision, or
determination made by any administrative official charged with the enforcement of
Chapter 26.410, including appeals of interpretation of the text of the Residential Design
Standards. The Commission may only grant relief from the Residential Design Standards.
A variance from the Residential Design Standards does not grant an approval to vary
other standards of this Chapter that may be provided by another decision making
administrative body;
K. To file a petition in accordance with Section 26.415.110 (A) with the Chief
Building Official, requesting that the official act to require the correction of defects or
repairs to designated properties subject to demolition by neglect.
26.220.020 Qualification for membership.
Members of the Historic Preservation Commission shall be qualified electors in
Aspen and residents for one (t) year prior to appointment.
26.220.030 Membership; appointment, removal, terms and vacancies.
26.220.040 Staff.
26.220.050 Quorum and necessary vote.
26.220.060 Meetings, hearing and procedure.
26.220.070 Committees and project monitoring.
Section 5:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.304 of the Aspen Municipal Code to mad as follows. (Note that only
the specific passage to be amended is indicated. All portions of these sections not listed
below shall remain in effect):
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26.304.020 Pre-application conference.
A. General. Prior to the formal filing of a development application~ unless w~ai¥~d by
the Community Development Director, the applicant shall confer with a member of the
staff of the Community Development Department to obtain information and guidance
regarding the format and processing of the development application. The purpose of such
a conference is to permit the applicant and the Community Development Department
staff to review informally a proposed development and determine the most efficient
method of development review before substantial commitments of time and money are
made in the submission of an application. The Community Development Director may
decide as part of the pre-application process to hold pre-application work sessions with
decision making bodies if it is determined that such work sessions would provide the
Community Development Department or the applicant with additional information or
guidance necessary to the preparation or processing of an application for development.
B. Issues of discussion. Issues that may be discussed at the pre-application
conference may include, but are not limited to, the following:
1. Proposed development. The applicant should describe the general nature
of the proposed development including, if applicable, prOPosed iand uses and their
densities; proposed placement of buildings, structures, and other improvements; character
and location of common open space or treatment of public uses; preservation of natural
features; preservation of properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures; protection of environmentally sensitive areas; proposed off-street
parking and internal traffic circulation; and total ground coverage of paved areas and
structures.
26.304.040 Initiation of application for development order.
An application for a development order may only be initiated by (1) a person or
persons owning more than fifty percent (50%) of the property subject to the development
application and proposed development; (2) the City Council or the Planning and Zoning
Commission for the purpose of amending the text of this Chapter or the official zone
district map (Chapter 26.310) or to designate a Specially Planned Area (SPA) (Chapter
26.440); and, (3) the City Council, Planning and Zoning Commission, or Historic
Preservation Commission for the purpose of designating an (H), Historic Overlay District
or designating a property on the Aspen Inventory of Historic Landmark Sites and
Structures.
26.304.060 Review of a development application by decision-making bodies.
A. Review Procedures and Standards. Specific development review procedures and
standards for different types of development applications are set forth in the relevant
Chapters of this Title. They include the following:
Permitted Uses: Chapter 26.404
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Variances: Chapter 26.314
Residential Design Standards: Chapter 26.410
Development involving the Aspen Inventory of Historic Lanchnark Sites and Structures
or in an "H," Historic Overlay District: Chapter 26.415
Conditional Uses: Chapter 26.425
Special Review: Chapter 26.430
Development in Environmentally Sensitive Areas: Chapter 26.435
Specially Planned Areas (SPA): 26.440
Planned Unit Developments (PUD): Chapter 26.445
Temporary Uses: Chapter 26.450
Growth Management Quota System (GMQS): Chapter 26.470
Subdivision: Chapter 26.480
Amendments to Text and Zone District Map: Chapter 26.310
Section 6:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.312.030(C)(2) and 26.312.050(C) of the Aspen Municipal Code to
read as follows. (Note that only the specific passage to be amended is indicate& All
portions of these sections not listed below shall remain in effect):
26.312.030 Nonconforming structures.
2. Historic Structures. The only exception to this requirement shall be for a
structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such
structures may be extended into front yard, side yard and rear yard setbacks, may be
extended into the minimum distance between buildings on a lot and may be enlarged,
provided, however, such enlargement does not exceed the allowable floor area of the
existing structure by more than five hundred (500) square feet, complies with all other
requirements of this Title, and receives development review approval as required by
Section 26.415.
26.312.050 Nonconforming lots of record.
C. Historic Property. A lot of record containing a property listed on the Aspen
Inventory of Historic Landmark Sites and Structures need not meet the minimum lot area
requirement of its zone district to allow the uses that are permitted and conditional uses in
the district subject to the standards and procedures established in Chapter 26.415.
Section 7:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby repeals
and re-enacts Section 26.415 oft_he Aspen Municipal Code to read as follows:
CHAPTER 26.415
DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC
LANDMARK SITES AND STRUCTURES OR DEVELOPMENT 1N AN ,,H,,,
HISTORIC OVERLAY DISTRICT
Sections:
26.415.010 Purpose and Intent
26.415.020 Definitions
26.415.030 Designation of Historic Properties
26.4i5.040 Recordation of Designation
26.415.050 Rescinding of Designation
26.415.060 Effect of Designation
26.415.070 Development Involving Designated Historic Properties
26.415.080 Demolition of Designated Properties
26.415.090 Relocation of Designated Properties
26.415.100 Demolition by Neglect
26.415.110 Benefits
26.415.120 Appeals, Council Notice and Call Up
26.415.130 Variances Granted by Other City Review Bodies
26.415.140 Penalties
26.415.010 Purpose and Intent
The purpose of this chapter is to promote the public health, safety and welfare
through the protection, enhancement and preservation of those properties, areas and sites
which represent the distinctive elements of Aspen's cultural, educational, social,
economic, political and architectural history. Under the authority provided by the Home
Rule Charter of the City of Aspen and Section 29-20-104(c) of the Colorado Revised
Statutes to regulate land use and preserve areas of historical, architectural, archaeological,
engineering and cultural importance, this chapter sets forth the procedures to:
A. Recognize, protect, and promote the retention and continued utility of the historic
buildings and districts in the city;
B. Promote awareness and appreciation of Aspen's unique heritage;
C. Ensure the preservation of Aspen's character as a historic mining town, early ski resort
and cultural center;
D. Retain the historic, architectural and cultural resoume attractions that support tourism
and the economic welfare of the community; and
E. Encourage productive, economical and attractive reuse of historic structures.
26.415.020 Definitions
The following definitions are specific to the terms as used in this Chapter and in
the field of Historic Preservation:
Alteration. A change to an existing building, structure or feature that modifies its
original appearance or construction.
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Certificate of Appropriateness. An official form issued by the City stating that the
proposed work on a designated historic property is compatible with its historic and
architectural character and, therefore, the work may be completed as specified in the
Certificate and the City may issue any permits needed to do the work specified in the
Certificate.
Certificate of No Negative Effect. An official form issued by the City stating that the
proposed work will have no detrimental effect on the character-defining features of a
designated property and, therefore, the work may proceed as specified in the Certificate
without obtaining further approvals under this Chapter and the City may issue any
permits needed to do the work in the specified Certificate.
Certificate of Demolition Approval. An official form issued by the City authorizing the
issuance of a demolition permit for a designated historic property or for a building or
structure located in a designated historic district.
Certificate of Economic Hardship. An official form issued by the City, in connection
with a Certificate of Demolition Approval, that allows the demolition of a designated
historic property as the owner has demonstrated that maintaining it will impose an
economic hardship.
Contributing Resource. A building, site, structure or object that adds to the historic
associations, historic architectural qualities or archaeological values for which a property
or district is considered significant.
Designated Property. A property listed on the Aspen Inventory of Historic Landmarks
Sites and Structures.
Historic District. A collection, concentration, linkage or continuity of buildings,
structures, sites or objects united historically or aesthetically by plan or physical
development.
Integrity. The ability of a property to convey its significance relative to the aspects of
location, setting, design, materials, workmanship and association,
Monitoring Committee. A subcommittee appointed by the Historic Preservation
Commission of up to two (2) Commission members and the Historic Preservation Officer
to provide oversight in the implementation of rehabilitation.
Non-contributing Resource. A building, structure, site or object that does not add to the
historic architectural qualifies or historic associations for which a property or district is
significant because it was not present during the period of significance or does not relate
to the documented significance; or due to alterations, additions, disturbances or other
changes, it no longer possesses historic integrity.
Object. A term used to distinguish buildings and structures from those constructions that
are primarily artistic in nature or small in scale and simply constructed. It may be by
nature or design movable, but it is associated with a specific setting and environment.
Rehabilitation. Making a building or structure sound and usable without attempting to
restore it to a particular period apPearance while retaining the character-defining features.
Relocation. Moving a building or structure from its original, historically significant, or
existing location to another location.
Repair. To restore to a sound or good state after decay, dilapidation or partial
destruction.
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Restore. The repair or re-creation of the original architectural elements or features of a
historic property so that it resembles an appearance it had at some previous point in time.
$ignifieane0. Tho doeumont,d i~por~anee of a properly for its contrlbution to or
representation of broad patterns of national, regional or local history, architecture,
engineering, archaeology and culture.
Site. The location ora significant event, a prehistoric or historic occupation or activity, or
a building or structure, whether standing, ruined or vanished, where the location itself
possesses historic, cultural or archaeological value regardless of the value of any existing
structure.
Structure. A term used to distinguish from buildings those functional constructions made
for purposes other than creating human shelter.
26.415.030 Designation of Historic Properties
The designation of properties to an official list, that is ~known as the Aspen
Inventory of Historic Landmark Sites and Structures which is maintained by the City of
Aspen, is intended to provide a systematic public process to determine what buildings,
areas and features of the historic built environment are of value to the community.
Designation provides a means of deciding and communicating, in advance of specific
issues or conflicts, what properties are in the public interest to protect.
A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures.
The Aspen Inventory of Historic Landmarks Sites and Structures has been
established by City Council to formally recognize those districts, buildings, strUctures,
sites and objects located in Aspen that have special significance to the United States,
Colorado or Aspen history, architecture, archaeology, engineering or culture. The
location of properties listed on the Inventory are indicated on maps on file with the
Community Development Department.
B. Criteria.
To be eligible for designation on the Aspen Inventory of Historic Landmark Sites
and Structures, an individual building, site, structure or object or a collection of buildings,
sites, structures or objects must have a demonstrated quality of significance. The
significance of properties will be evaluated according to the following criteria:
1. A property is deemed significant for its antiquity, in that it is:
a. More than ! 00 years old; and
b. It possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association, given its age or
2. A property constructed at least forty (40) years prior to the year in which the
application for designation is being made that possesses sufficient integrity of
location, setting, design, materials, workmanship, and associatlon and is related
to one or more of the following:
a. An event, pattern or trend that has made a significant contribution to
local, state, regional or national history;
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b. People whose specific contribution to local, state, regional or national
history is deemed important and be identified and documented;
c. A physical design that embodies the distinctive characteristics of a type,
period or method of construction, or represents the technical or aesthetic
achievements of a recognized designer, craftsman or design philosophy
that is deemed important.
3. A property that was constructed less than forty (40) years prior to the year in
which the application for designation is being made may be considered under
subsection 2, above, if the application has been filed by the owner of the property
at the time of designation or, when designating a historic district, the majority of
the contributing resources in the district meet the forty (40) year age criterion
described above.
4. The Commission shall adopt, maintain, and make available to the public
guidelines, score sheets, and other devices to apply the criteria set forth in this
Section to potentially eligible buildings, sites, structures or objects, or collections
thereof.
C. Application
The property owner(s), the Historic Preservation Commission (HPC) or the City
Council may file an application for designation of a building, district, site, structure or
object on the Aspen Inventory of Historic Landmark Sites and Structures. The application
for the designation of a property or collection of properties shall include the following:
1. The applicable information required in Section 26.304.030(B)(1),(2),(3) and
(4). The application, if filed by the Community Development Director, the
Commission, or City Council, shall include a statement verifying compliance w/th
subsection 26.415.030(D)(I), and if notification has not been provided, an
explanation by the Community Development Director of efforts made to comply
with said subsection.
2. Site or historic district boundary map.
3. Property or district description including narrative text, photographs and/or
other graphic materials that document its physical characteristics.
4. Written description of how the property meets the criteria for designation.
5. Identification of the character-defining features that distinguish the entity which
should be preserved.
D. Review, Public Hearings & Notice.
1. The Community Development Department shall maintain a database of all
properties that contain a building, site, structure or object, or collection thereof
that are 38 years or older. This database shall be available for public inspection
during normal business hours. The Community Development Department shall
review the list of all such buildings, sites, structures or objects, or collections
thereof, and make an initial preliminary determination of their potential eligibility
for designation on the Aspen Inventory of Historic Landmark Sites and
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Structures. The Community D.evqopmen[ Dir¢ t0r shall make a reasonable good
faith effort to notify owners of property that are deemed potentially eligible for
designation at least two years before any application for designation is filed
without the consent of the owner. A good faith effort shall include personal
contact with the owner, including a personal visit or telephone communication, or
a certified letter sent to the owner at the address of the property and the address as
listed with the County Assessor's Office. Owners of properties that are 40 years
old or older on March 31, 2002, shall be notified in accordance with this
subsection, at least six months before any application for designation is filed
without the consent of the owner. Failure to comply with the notification
provisions of this subsection shall not be deemed a prerequisite for designation of
a building, site, structure or object, or collection thereof to the Aspen Inventory of
Historic Landmark Sites and Structures.
2. An application for designation on the Aspen Inventory of Historic Landmark
Sites and Structures will be transmitted to the Community Development Director
to determine if the application is complete. For applications filed with sufficient
information, a report will be prepared by City staff for transmittal to the HPC with
the relevant information on the proposed historic property or district with a
recommendation to approve or disapprove and the reasons for the
recommendation.
3. A date for a public hearing on a complete application will be scheduled before
the HPC. Notice of the hearing shall be provided according to the provisions of
Section 26.304.060.E3 (a)(b)(c) except when the HPC or City Council is the
applicant. When the HPC or City Council is the applicant, notice of the hearing
will be mailed to the property owner(s) within 300 feet of the property and posted
on the subject property for at least thirty (30) days prior to the hearing. Notice to
the property owner shall be by registered mail. In the event that there is no
evidence that the property owner received actual notice, the HPC may specify that
additional measures be taken.
4. The HPC shall evaluate the application to determine if the property or district
meets the criteria for designation. At the public hearing the property owner,
parties of interest and citizens shall have an opportunity to provide information
about the property or district's eligibility for designation. The HPC may
recommend approval, disapproval or continuance of the application to request
additional information necessary to make a decision to approve or deny. Their
recommendation shall be forwarded to City Council.
5. Upon receipt of the decision, report and recommendations of the HPC, the City
Council shall schedule a hearing on the application in accordance with the notice
requirements for adopting an ordinance. Council shall evaluate the application to
determine if the property or district meets the criteria for designation. At the
public hearing the property owner, parties of interest and citizens shall have an
14
opportunity to provide informatiOn about the Property or district's eligibility for
designation. The Council may approve, disapprove or continue the application to
request additional information necessary to make a decision to approve or deny.
6. If an application is denied, the HPC or City Council may not file a reapplication
for designation on the Aspen Inventory of I-tigtorie Landmark, §ires and
Structures for five (5) years from the date of the City Council disapproval.
26.415.040 Recordation of Designation
Upon the effective date of an ordinance by City Council designating a property on
the Aspen Inventory of Historic Landmark Sites and Structures, the City Clerk shall
record with the real estate records of the Clerk and Recorder of Pitkin County, Colorado,
a certified copy of the ordinance including a legal description of the property. The
location of properties designated by ordinance also shall be indicated on the official maps
of the City that are maintained by the Community Development Departrnent.
26.415.050 Rescinding Designation
A. Application and Review.
An application for the removal of a property from the Aspen Inventory of Historic
Landmark Sites and Structures shall follow the same submission requirements and review
procedures as for designation described in this Chapter except that with respect to Section
26.415.030(C)(4) an explanation shall be provided describing why the property no longer
meets the criteria for designation. The HPC and City Council shall determine if sufficient
evidence exists that the property no longer meets the criteria for designation and, if so,
shall remove the property from the Inventory.
B. Reapplication.
If a request for rescinding designation is denied, an application cannot be filed
again for a period of two years from the date of the denial by the City Council. The time
limitation of this subsection may be waived by a majority vote of the City Council when
such action is deemed necessary to prevent injustice or to facilitate the proper
development of the City of Aspen.
26.415.060 Effect of Designation
A. Approvals Required.
Any development involving properties designated on the Aspen Inventory of
Historic Landmark Sites and Structures, as an individual building or located in a historic
district, unless determined exempt, requires the approval of a Development Order and
either a Certificate of No Negative Effect or a Certificate of Appropriateness before a
building permit or any other work authorization will be issued by the City.
B. Design Guidelines
1. The HPC has adopted design guidelines, hereinafter referred to as the City of Aspen
Historic Preservation Design Guidelines, in accordance with the procedures for notice
and public hearings set forth in Section 26.304.060.E (3)(a). These guidelines set forth
15
the standards necessary to preserve and maintain the historic and architectural character
of designated properties and districts. The standards apply to the exterior features and/or
notable streetscape and landscape elements of the designated historic property and/or
district. These guidelines are intended to offer assistance to property owners undertaking
construction, rehabilitation, alterations, changes in exterior appearance or any other
development involving designated historic properties or districts. The guidelines will be
periodically reviewed by the HPC and amended at a public hearing, as needed.
2. The "City of Aspen Historic Preservation Design Guidelines," as amended, which are
on file with the Community Development Deparnnent, wilt be used in the review of
requests of Certificates of No Negative Effect or Certificates of ApprOpriateness.
Conformance with the applicable guidelines and the Common Development Review
Procedures set forth in Chapter 26.304 will be necessary for the approval of any proposed
work.
C. Special Consideration
1. To preserve and maintain the historic and architectural character of designated
properties, the HPC or City Council may approve variations from the dimensional
requirements set forth in the Land Use Code and may make recommendations to the
Chief Building Official who has the authority to grant certain exceptions from the
Uniform Building Code (UBC) through the provisions of the Uniform Code for Building
Conservation (UCBC). These modifications may not change the applicable safety and
permit requirements and must also follow the procedures provided for modifications set
forth in the UCBC.
2. Designated historic properties are eligible for and have priority to participate in City
programs related to financial, developmental or technical assistance that will serve to
preserve, maintain or enhance their historic and architectural character.
3. All City authorities, including City Council, are authorized to grant economic and
developmental benefits to designated historic properties or grant these benefits
conditional upon the subsequent designation of the property.
26.415.070 Development involving Designated Historic Property
No building or structure shall be erected, constructed, enlarged, altered, repaired,
relocated or improved involving a designated historic property or district until plans or
sufficient information have been submitted to the Community Development Director and
approved in accordance with the procedures established for their review. An application
for a building permit cannot be submitted without a Development Order.
A. Exempt Development
I. Selected activities are exempted from the development review procedures
including interior remodeling, paint color selection, exterior repainting or
replastering similar to the existing finish or routine maintenance such as caulking,
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replacement of fasteners, repair of Window glazing or other such minimally
intrusive work.
2. I£ there is any question if a work activity qualifies as exempt the Community
Development Director shall make the determination as to its eligibility.
B. Certificate of No Negative Effect
1. An application for a Certificate of No Negative Effect may' be made to the
Community Development Director for approval of work that has no adverse effect
on the physical appearance or character-defining features of a designated property.
An application for a Certificate of No Effect may be approved by the Community
Development Director with no further review if it meets the requirements set forth
in the following Section 26.415.070 (B)(2):
2. The Community Development Director shall issue a Development Order based
upon a Certificate of No Negative Effect within fourteen (14) day's after receipt of
a complete application if:
a. It is determined that the activity is an eligible work item and meets the City of
Aspen Historic Preservation Design Guidelines, and
b. Any modifications to the proposed work requested by the Community
Development Director are agreed to by the owner/applicant, and
c. The proposed work will not diminish, eliminate or adversely affect the
significant historic and/or architectural character of the subject property or historic
district in which it is located.
3. An application for a Certificate of No Negative Effect shall include the following:
a. The general application information required in Section 26.304.030.
b. Elevations or drawings of the proposed work.
c. Photographs, building material samples and other exhibits, as needed, to
accurately depict location, extent and design of proposed work.
d. Verification that the proposal complies with Section 26.410, Residential
Design Standards.
4. The following work shall be considered for a Certificate of No Negative Effect:
a. Replacement or repair of architectural features which creates no change to the
exterior physical appearance of the building or structure.
b. Replacement or repair of architectural features that restores the building or
structure to its historic appearance.
c. Installation of awnings, or similar attachments provided no significant feature
is damaged, removed or obscured by the installation.
d. Fencing that has no adverse effect on the historic or architectural character of
the property.
e. Mechanical equipment or accessory features that have no impact on the
character-defining features of the building or structure.
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f. Signs which have no effect on the character-defining features of the historic
property.
g. Alterations to non-contributing buildings within historic districts that have no
adverse effect on its historic or architectural character.
h. Alterations to no more than two elements of non-primary facades of a
designated building.
5. The Development Order and associated Certificate of No Negative Effect shall
expire and become null and void after three (3) years from the date of issuance by the
Community Development Director unless a building permit is issued within that time.
6. In the event that the Commtmity Development Director determines that the
issuance a Certificate of No Negative Effect is not appropriate, the owner may apply
for a Certificate of Appropriateness from the HPC.
C. Certificate of Appropriateness for a Minor Development
1. The review and decision on the issuance of a Certificate of Appropriateness for Minor
Development shall begin with a determination by the Community Development Director
that the proposed project constitutes a Minor Development. Minor Development work
includes:
a. Expansion or erection of a structure wherein the increase of the floor area of the
structure is two hundred and fifty (250) square feet or less, or
b. Alterations to a building faCade, windows, doors, roof planes or material,
exterior wall materials, dormer porch, exterior staircase, balcony or ornamental
trim when three (3) or fewer elements are affected and the work does not qualify
for a Certificate of No Negative Effect, or
c. Erection or installation of a combination or multiples of awning, canopies,
mechanical equipment, fencing, signs, accessory features and other attachments to
designated properties such that the cumulative impact does not allow for the
issuance of a Certificate of No Negative Effect, or
d. Alterations that are made to non-historic portions of a designated historic
property that do not qualify for a Certificate of No Negative Effect, or
e. The erection of street furniture, signs, public art and other visible
improvements within designated historic districts of a magnitude or in numbers
such that the cumulative impact does not allow for the issuance ora Certificate of
No Negative Effect.
The Community Development Director may determine that an application for work on a
designated historic property involving multiple categories of Minor Development may
result in the cumulative impact such that it is considered a Major Development. In such
cases, the applicant shall apply for a Major development review in accordance with
Section 26.415.070 (D).
2. An application for Minor Development shall include the following:
a. The general application information required in Section 26.304.030.
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b. Scaled elevations and/or drawings 0fihe proposed work and its relationship to
the designated historic buildings, structures, sites and features within its vicinity.
c. An accurate representation of all building materials and finishes to be used in
the development
d. Photographs and other exhibits, as needed, to accurately depict location, extent
and design of proposed work.
e. Verification that the proposal complies with Section 26.410, Residential Design
Standards, or a written request for a variance from any standard that is not being
met.
3. The procedures for the review of Minor Development projects are as follows:
a. The Community Development Director will review the application materials
and if they are determined to be complete, schedule a public hearing before the
HPC. The subject property shall be posted pursuant to Section
26.304.060(E)(3)(b).
b. Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use
Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to approve,
disapprove or approve with conditions and the masons for the recommendation.
The HPC will review the application, the report and the evidence presented at the
hearing to determine the project's conformance with the City of Aspen Historic
Preservation Design Guidelines.
c. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny. If the application is approved, the HPC shall issue a Certificate
of Appropriateness and the Community Development Director shall issue a
Development Order.
d. The HPC decision shall be final unless appealed by the applicant or a
landowner within three hundred (300) feet of the subject property in accordance
with the procedures set forth in Chapter 26.316.
D. Certificate of Appropriateness for Major Development
1. The review and decision on the issuance of a Certificate of Appropriateness for Major
Development shall begin with a determination by the Community Development Director
that the proposed project constitutes a Major Development. A Major Development
includes one or more of the following activities:
a. The construction of a new structure within a historic district; and/or
b. Alterations to more than three (3) elements of a building facade including its
windows, doors, roof planes or materials, exterior wall material, dormers, porches,
exterior staircase, balcony or ornan~ental trim; and/or
c. The expansion ora building increasing the floor area by more than two hundred
and fifty (250) square feet; and/or
d. Any new development that has not been determined to be Minor Development.
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2. The procedures for the review of Major Development projects include a two-step
process requiring approval by the HPC of a Conceptual Development Plan, and then a
Final Development Plan. If a Major Development project involves additional City Land
Use approvals, the Community Development Director may consolidate or modify the
review process accordingly, pursuant to Section 26.304.060 (B).
3. Conceptual Development Plan Review
a. An application for a Conceptual Development Plan shall include the following:
1. The general application information required in Section 26.304.030.
2. A site plan and survey showing property boundaries, the location and
orientation of existing and proposed improvements and predominant site
characteristics.
3. Scaled drawings of all proposed structure(s) or addition(s) depicting
their form, including their height, massing, scale, proportions and roof
plan; and the primary features of all elevations.
4. Preliminary selection of primary building materials to be used in
construction represented by samples and/or photographs.
5. Supplemental materials to provide a visual descriPtion of the context
surrounding the designated historic property or historic district including
at least one (1) of the following: diagrams, maps, photographs, models or
streetscape elevations.
6. Verification that the proposal complies with Section 26.410,
Residential Design Standards, or a written request for a variance from any
standard that is not being met.
b. The procedures for the review of Conceptual Development Plans for Major
Development projects are as follows:
1.The Community Development Director shall review the application
materials submitted for Conceptual or Final Development Plan approval.
If they are determined to be complete, the applicant will be notified in
writing of this and a public hearing before the HPC shall be scheduled.
Notice of the hearing shall be provided pursuant to Section
26.304.060(E)(3)(a),(b), and (c).
2. Staff shall review the submittal material and prepare a report that
analyzes the project's conformance with the design guidelines and other
applicable Land Use Code Sections. This report will be transmitted to the
HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with
conditions and the reasons for the recommendation. The HPC will review
the application, the staff analysis report and the evidence presented at the
hearing to determine the project's conformance with the City of Aspen
Historic Preservation Design Guidelines.
3. The HPC may approve, disapprove, approve with conditions or continue
the application to obtain additional information necessary to make a
decision to approve or deny.
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c. The effect of approval ora Conceptual Development Plan is as follows:
1. Approval of a Conceptual Development Plan shall not constitute final
approval of a Major Development project or permission to proceed with
the development. Such authorization shall only constitute authorization to
proceed with the preparation of an application for a Final Development
Plan.
2. Approval of a Conceptual Development Plan shall be binding upon
HPC in regards to the location and form of the envelope of the structure(s)
and/or addition(s) as depicted in the Conceptual Plan application including
its height, scale, massing and proportions. No changes will be made to this
aspect of the proposed development by the HPC as part of their review of
the Final Development Plan unless agreed to by the applicant. If the
applicant chooses to makes substantial amendments to the Conceptual
Design after it has been approved, a new Conceptual Development Plan
hearing shall be required.
3. Unless otherwise specified in the Resolution granting Conceptual
Development Plan approval, a development application for a Final
Development Plan shall be submitted within one (1) year of the date of
approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval
of the Conceptual Development Plan. The Historic Preservation
Commission may, at its sole discretion and for good cause shown, grant a
one-time extension of the expiration date for a Conceptual Development
Plan approval for up to six (6) months provided a written request for
extension is received no less than thirty (30) days prior to the expiration
date.
4. Final Development Plan Review
a, An application for a Final Development Plan shall include:
1. The general application information required in Section 26.304.030.
2. Final drawings of all proposed structures(s) and/or addition(s) included
as part of the development at IA" = 1.0' scale.
3. An accurate representation of all major building materials to he used in
the development, depicted through samples or photographs.
4. A statement, including narrative text or graphics, indicating how the
Final Development Plan conforms to representations made or stipulations
placed as a condition of the approval of the Conceptual Development Plan.
b, The procedures for the review of Final Development Plans for Major
Development projects are as follows:
1.The Community Development Director shall review the application
materials submitted for Final Development Plan approval. If they are
determined to be complete, the applicant will be notified in writing of this
and a public hearing before the HPC shall be scheduled. Notice of the
21
hearing shall be provided pursuant to Section 26.304.060(E)(3)(a),(b) and
(c).
2. Staff shall review the submittal material and prepare a report that
analyzes the project's conformance with the design guidelines and other
applicable Land Use Code Sections. This report will be transmitted to the
HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with
conditions and the reasons for the recommendation. The HPC will review
the application, the staff analysis report and the evidence presented at the
hearing to determine the project's conformance with the City of Aspen
Historic Preservation Design Ouidelines.
3. The HPC may approve, disapprove, approve with conditions or continue
the application to obtain additional information necessary to make a
decision to approve or deny. If the application is approved, the HPC shall
issue a Certificate of Appropriateness and the Community Development
Director shall issue a Development Order.
4. A resolution of the HPC action will be forwarded to the City Council in
accordance with Section 261415A30 and no permit will be issued for
construction of the project until the thirty (30) day "call up" period by City
Council has expired.
5. Before an application for a building permit can be submitted, a final set
of plans reflecting any or all required changes by the HPC or City Council
must be on file with the City. Any conditions of approval or outstanding
issues which must be addressed in the field or at a later time shall be noted
on the plans.
E. Amendments, Insubstantial and Substantial
There are two processes for amending plans approved pursuant to a Development
Order and an associated Certificate of Appropriateness. All requests for amendments,
insubstantial or substantial, must be in writing and accompanied by drawing(s) and
elevations as specified below.
1. Insubstantial Amendments.
a. Insubstantial amendments are minor modifications to HPC approved plans that:
1. Address circumstances discovered in the course of construction that
could not have been reasonably anticipated during the approval process, or
2. Are necessary for conformance with building safety or accessibility
codes and do not materially change the approved plans, or
3. Approve specific building materials, finishes, design of ornan~ental trim
and other such detail not provided in the HPC approved plans, or
4.Change the shape, location or material of a building element or feature
but maintains the same quality and approximate appearance of that found
in the approved plans.
b. The Community Development Director may authorize insubstantial
amendments to approved plans.
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c. Monitoring Committees established by the HPC, composed of up to two
members of the Commission and the Historic Preservation Officer or assign, may
also authorize insubstantial amendments.
d. Decisions of the Community Development Director or Monitoring Committee
are binding. The Community Development Director or Monitoring Committee
may determine that the proposed changes qualify as a substantial amendment and
remand the matter to the HPC.
e. Disapproval ora request for an insubstantial amendment may be appealed to the
HPC to be considered in accordance with the procedures for substantial
amendments.
f. Approval of insubstantial amendments of plans will be reported to the HPC at
their regularly scheduled meetings.
2. Substantial Amendments
a. All changes to approved plans that materially modify the location, size, shape,
materials, design, detailing or appearance of the building elements as originally
depicted must be approved by the HPC as a substantial amendment.
b. An application for a substantial amendment shall include the following
materials, as determined appropriate by the Community Development Director:
1. A revised site plan.
2. Revised scaled elevations and drawings.
3. Representations of building materials and finishes.
4. Photographs and other exhibits to illustrate the proposed changes.
c. The Community Development Director shall review the application materials
submitted for approval of a substantial amendment and waive any submittals not
considered necessary for consideration. If they are determined to be complete, the
applicant will be notified in writing of this and a public hearing before the HPC
shall be scheduled.
d. Notice for the review of an application for a substantial amendment will include
publication, posting and mailing pursuant to Sections 26.304.060 (E) (3) (a)(b)(c).
e. Staff shall review the submittal material and prepare a report that analyzes the
extent of the changes relative to the approved plans and how the proposed
revisions affect the project's conformance with the design guidelines and other
applicable Land Use codes. This report will be transmitted to the HPC with
relevant information on the proposed revisions and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation.
f. The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City of
Aspen Historic Preservation Design Guidelines. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny.
26.415.080 Demolition of Designated Historic Properties
23
It is the intent of this ordinance to preserve the historic and architectural resources
that have demonstrated significance to the community. Consequently no demolition of
properties designated on the Aspen Inventory of Historic Landmark Sites and Structures
will be allowed unless approved by the HPC in accordance With the standards Set forth in
this section.
A. Procedures for Considering Requests for Demolition of Designated Properties.
1. An application for a demolition permit for designated properties will be filed
with or referred to the Community Development Director by the Chief Building
Official. The applicant will be provided a written response within fourteen (14)
days of the request for a demolition permit describing the snbmittal materials
needed for consideration.
2. An application for demolition approval shall include:
a. The general application information requested in Section 26.304.030
and written documentation that the Chief Building Official has determined
the building an imminent hazard, or
b. Narrative text, graphic illustrations or other exhibits that provide
evidence that the building, structure or object is of no historic or
architectural value or importance.
3. When complete application materials are on file, a public hearing before the
HPC shall be scheduled~ Notice for the hearing will include publication, mailing
and posting pursuant to Section 26.304.060 (E)(3)(a)(b) and (c). The staff shall
review the submittal material and prepare a staff report that analyzes the request
relative to the criteria for approval.
4. The HPC shall review the application, the staff report and hear evidence
presented by the property owners, parties of interest and members of the general
public to determi~e if the standards for demolition approval have been met.
Demolition shall be approved if it is demonstrated that the application meets any
one of the following criteria:
a. The property has been determined by the City to be an imminent hazard
to public safety and the owner/applicant is unable to make the needed
repairs in a timely manner, or
b. The structure is not structurally sound despite evidence of the owner's
efforts to properly maintain the structure, or
c. The structure cannot practically be moved to another appropriate
location in Aspen, or
d. No documentation exists to support or demonstrate that the property has
historic, architectural, archaeological, engineering or cultural significance,
and
Additionally, for approval to demolish, all of the following criteria must be met:
24
a. The structure does not contribute to the significance of the parcel or
historic district in which it is located, and
b. The loss of the building, structure or object would not adversely affect
the integrity of the historic district or its historic, architectural or aesthetic
relationship to adjacent designated properties and
d. Demolition of the structure will be inconsequential to the historic
preservation needs of the area.
5. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to consider the demolition
request.
6. If the HPC approves the demolition request then a resolution of the HPC action
will be forwarded to the City Council in accordance with Section 26.415.120 and
no demolition permit will be issued until the thirty (30) day "call up,, period by
City Council has expired.
7. If the demolition request is denied because it does not meet the aforementioned
standards, the applicant may request demolition approval based upon a finding of
"Economic Hardship," as set forth below.
8. Before a demolition permit will be issued, a Certificate of Appropriateness for
the redevelopment or reuse plan, as provided for in Section 26.415.070(D), must
be approved. When a demolition permit must be issued because the building,
structure or object is an imminent hazard, or because of the issuance of a
Certificate of Economic Hardship, the permit may be received prior to the
approval of an acceptable reuse plan.
B. Procedures for Obtaining a Certificate of Economic Hardship
1. Purpose: It is the policy of the City of Aspen to respect private property rights. The
City recognizes, therefore, that there may be some circumstances in which the operation
of this ordinance could create an undue economic hardship. This provision is created to
provide property owners with a means of demonstrating that such a hardship may exist,
and that they should be allowed to demolish a designated historic property because of that
hardship. It is the intent of this provision to insure that no private property is taken
without just compensation.
2. Standard of Review
The standard of review for a determination of economic hardship will be whether refusing
to allow the property owner to demolish the property would result in a violation of the
prohibitions of the U.S. and Colorado Constitutions against taking of private property for
public use without just compensation as those prohibitions are interpreted by the courts of
Colorado and the United states. In applying the standards the economic benefits of
financial, developmental and technical assistance from the City and the utilization of any
federal and state rehabilitation tax credit programs may be considered.
3. Application:
25
b. Upon receiving a request for a Certificate of Economic Hardship, the
Community Development Director shall provide a written response within
fourteen (14) days as to the submittal materials required.
c. Within five (5) days after receipt of an application for a Certificate of Economic
Hardship, the Community Development Director shall determine whether the
application is complete. If he or she determines that the application is not
complete, the Director shall notify the applicant in writing of the deficiencies.
The Director shall take no further steps to process the application until the
deficiencies have been remedied.
d. The application fee shall be set to defray all costs of the review process,
including the fees of an independent heating officer.
4. Administrative Process:
a. When the application is complete, the Community Development Director will
refer the application to the Historic Preservation Officer and the City Attorney for
review. The Historic Preservation Officer and City Attorney shall jointly prepare
a report setting forth the City's response.
b. In the event the City response concludes that the application does not
demonstrate a case of economic hardship, the application will be set for a public
hearing before a heating officer.
c. The hearing officer will be contracted by the City to conduct an impartial quasi-
judicial hearing on the question of economic hardship. The Officer shall have
sufficient legal and technical experience to conduct a fair hearing in accordance
with appropriate standards of due process. The application, all support materials
and the City's report shall be provided to the Hearing Officer in advance of the
hearing. At the hearing, the applicant will be provided with an opportunity to
Present his application, and may be represented by counsel. The City position will
be presented by the City Attorney.
5. Appeal:
An applicant may appeal the decision of the hearing officer to District Court
pursuant to Rule 106 of the Colorado Rules of Civil Procedure.
C. Procedures for Considering Request for Demolition of Properties Under
Consideration for Designation.
While it is the intent of this ordinance to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general
welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated,
documented and designated at one time. However, it is important to protect properties
which potentially qualify for designation against needless loss until review and heatings
can be completed.
1. No demolition will be permitted for properties under consideration for
designation to the Aspen Inventory of Historic Landmark Sites and Structures
26
unless demolition approval is issued by the Historic Preservation Commission or
City Council.
2. All properties under consideration for designation and, therefore, subject to the
temporary stay of demolition will be identified on a list maintained by the
Chief Building Official. Property owners will be notified by registered mail that
their property is under consideration for designation and have an opportunity to
review all materials compiled at that time to verify accuracy.
3. These procedures shall apply to any building located within an area under
preliminary application for designation from the time the application is filed until
the time action is taken on the application by the City Council.
4. Ifa public hearing to consider the application for designation is not held by the
City Council w/thin six (6) months of the initiation of the stay, the stay will
expire. An additional six-month stay period may be approved by City Council in
the form ora resolution, at a public hearing, w/th a showing of good cause.
26.415.090 Relocation of Designated Properties
The intent of this ordinance is to preserve designated historic properties in their
original locations as much of their significance is embodied in their setting and physical
relationship to their surroundings as well as their association with events and people with
ties to particular site. However, it is recognized that occasionally the relocation of a
property may be appropriate as it provides an alternative to demolition or because it only
has a limited impact on the attributes that make it significant.
A. Application
An application for relocation shall include:
1. The general application information required in Section 26.304,030.
2. A written description and/or graphic illustrations of the building, structure or
object proposed for relocation.
3. A written explanation of the type of relocation requested (tempormy, on-site or
off-site) and justification for the need for relocation.
4. A written report from a licensed engineer or architect regarding the soundness
of the building, structure or object, its ability to withstand the physical move and
its rehabilitation needs, once relocated.
5. A conceptual plan for the receiving site providing preliminary information on
the property boundaries, existing improvements and site characteristics and the
associated planned improvements.
6. If the applicant does not own the receiving site, proof from the site's property
owner of the willingness to accept the relocated building, structure or object.
7. Evidence that the applicant has or is seeking the necessary approvals to place
the building on the identified receiving site. If the site is outside of the City limits,
verification that the building w/Il be preserved on its new site through a formal
action of the other jurisdiction or a preservation easement.
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5. A conceptual plan for the receiving site providing preliminary information on
the property boundaries, existing improvements and site characteristics and the
associated planned improvements.
6. If the applicant does not own the receiving site, proof from the site'~ property
oxvner of the willingness to accept the relocated building, structure or object.
7. Evidence that the applicant has or is seeking the necessary approvals to place
the building on the identified receiving site. If the site is outside of the City limits,
verification that the building will be preserved on its new site through a formal
action of the other jurisdiction or a preservation easement.
8. Evidence of the financial ability to undertake the safe relocation, preservation
and repair of the building, structure or object; site preparation and construction of
necessary infrastructure through the posting of bonds or other financial measures
deemed appropriate.
9. Supplementary materials to provide an understanding of the larger context for
the relocated property and its impact on adjacent properties, the neighborhood or
streetscape.
B. Procedures for the Review of Relocation Request
1. The Community Development Director shall review the application materials
submitted for relocation approval. If they are determined to be complete, the
applicant will be notified in writing of this and a public hearing before the HPC
shall be scheduled.
2. Notice for the review of the Relocation Request shall include publication,
posting and mailing pursuant to Sections 26.304.060 (E) (3) (a)(b) and (c).
3. If the relocation request is part of a Major Development project, the
Community Development Director may consolidate or modify the review process
accordingly pursuant to Section 26.304.060 (B).
4. Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the Standards for Relocation approval set forth below,
the City of Aspen Historic Preservation Design Guidelines and other applicable
Land Use code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation.
The HPC will review the application, the report and the evidence presented at the
hearing to determine if the standards for relocation have been met.
5. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny.
6. A resolution of the HPC action will be forwarded to the City Council in
accordance with Section 26.4151120 and no relocation will occur until after the
thirty (30) day "call up" period of the City Council has expired.
C. Standards for the Relocation of Designated Properties
Relocation for a building, structure or object will be approved if it is determined that it
meets any one of the following standards:
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originally located or diminish the historic, architectural or aesthetic relationships
of adjacent designated properties; and
Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of
withstanding the physical impacts of relocation; an.d.
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair
and preservation of the building, structure or object including the provision of the
necessary financial security.
D. Procedures for Considering Request for Relocation of Properties Under
Consideration for Designation.
While it is the intent of this ordinance to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general
welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated,
documented and designated at one time. However, it is important to protect properties
which potentially qualify for designation against needless loss until review and hearings
can be completed.
1. No relocation will be permitted for properties under consideration for
designation to the Aspen Inventory of Historic Landmark Sites and Structures
unless relocation approval is issued by the Historic Preservation Commission or
City Council.
2. All properties under consideration for designation and, therefore, subject to the
temporary stay of relocation will be identified on a list maintained by the
Chief Building Official. Property owners will be notified by registered mail that
their property is under consideration for designation and have an opportunity to
review all materials compiled at that time to verify accuracy.
3. These procedures shall apply to any building located within an area under
preliminary application for designation from the time the application is filed until
the time action is taken on the application by the City Council.
4. If a public heating to consider the application for designation is not held by the
City Council within six (6) months of the initiation of the stay, the stay will
expire. An additional six-month stay period may be approved by City Council in
the form of a resolution, at a public hearing, with a showing of good cause.
26.415.100 Demolition by Neglect
It is the intent of this ordinance to address the range of circumstances that affect
the preservation of the community's significant historic and architectural resources. It is
further recognized that many historic buildings and structures are lost because of
deterioration from lack of maintenance. Whether this occurs unintentionally or through
deliberate decisions, the result is the same: the loss Of community assets. Consequently, it
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1. It is considered a non-contributing element of a historic district and its
relocation will not affect the character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on
which it is located and its relocation will not have an adverse impact on the
historic district or property; or
3. The owner has obtained a Certificate of Economic Hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method
given the character and integrity of the building, structure or object and its move
will not adversely affect the integrity of the historic district in which it was
originally located or diminish the historic, architectural or aesthetic relationships
of adjacent designated properties; and
Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of
withstanding the physical impacts of relocation; and
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair
and preservation of the building, structure or object including the provision of the
necessary financial security.
D. Procedures for Considering Request for Relocation of Properties Under
Consideration for Designation.
While it is the intent of this ordinance to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general
welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated,
documented and designated at one time. However, it is important to protect properties
which potentially qualify for designation against needless loss until review and hearings
can be completed.
A. No relocation will be permitted for properties under consideration for
designation to the Aspen Inventory of Historic Landmark Sites and Structures
unless relocation approval is issued by the Historic Preservation Commission or
City Council.
B. All properties under consideration for designation and, therefore, subject to the
temporary stay of relocation will be identified on a list maintained by the
Chief Building Official. Property owners will be notified by registered mail that
their property is under consideration for designation and have an opportunity to
review all materials compiled at that time to verify accuracy.
C. These procedures shall apply m any building located within an area under
preliminary application for designation from the time the application is filed until
the time action is taken on the application by the City Council.
D. If a public hearing to consider the application for designation is not held by the
City Council within six (6) months of the initiation of the stay, the stay will
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expire. An additional six-month stay period may be approved by City Council in
the form of a resolution, at a public hearing, with a showing of good cause.
26.415.100 Demolition by Neglect
It is the intent of this ordinance to address the range of circumstances that affect
the preservation of the community's significant historic and architectural resources. It is
further recognized that many historic buildings and structures are lost because of
deterioration from lack of maintenance. Whether this occurs unintentionally or through
deliberate decisions, the result is the same: the loss of community assets. Consequently, it
is declared that the exterior features of any designated building or structure shall be
preserved against decay and deterioration and kept free from structural defects. The
designated structures shall receive reasonable care, maintenance and upkeep appropriate
for their preservation, protection, Perpetuation and use.
A. Standards for Reasonable Care and Upkeep
1. The owner, or such other person who may have legal possession, custody, and
control thereof of a designated property shall, upon written request by the City,
repair the following exterior features if they are found to be deteriorating, or if
their condition is contributing to deterioration such that it is likely to compromise
the building's structural integrity or as to create or permit the creation of any
hazardous or unsafe condition to life, health or other property. These features
include, but are not limited to:
a. Deterioration of exterior walls, foundations, or other vertical supports
that causes leaning, sagging, splitting, listing, or buckling.
b. Deterioration of flooring or floor supports, or other horizontal members
that causes leaning, sagging, splitting, listing or buckling.
c. Deterioration of external chimneys that cause leaning, sagging, splitting,
listing or buckling.
d. Deterioration or crumbling of exterior plasters or mortars.
e. Ineffective waterproofing of exterior walls, roofs and foundations,
including broken windows or doors.
f. Defective protection or lack of weather protection for exterior wall and
roof coverings, including lack of paint or weathering due to lack of paint
or other protective covering.
g. Rotting, holes and other forms of decay.
h. Deterioration of exterior stairs, porches, handrails, window and door
frames, cornices, entablatures, wall facings, ornamental trim and other
architectural details that cause delamination, instability, toss of shape and
form or crumbling.
B. Enforcement Procedures
1. The HPC may file a petition listing specific defects, in accordance with Section
26.415.110 (A), with the Chief Building Official, requesting that the official act
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under the following procedures to require the correction of the defects or repairs
to designated properties.
2. Whenever a petition is filed, the Chief Building Official shall attempt to make
direct personal contact with the owner or other such persons having legal
possession, or custody and/or his representative. If personal contact cannot
reasonably be accomplished, then written notification of the specific defects
purported by the HPC and a request to inspect the property within 10 days will be
mailed to the owner and other such persons having legal possession, custody and
control and will be posted at a conspicuous location appropriate to the identified
defects. In the written notification the Chief Building Official shall document the
nature of the specific defects and the corrective action ordered.
3. After receiving agreement from the owner, his representatives or other such
persons having legal possession, custody and control of the property for an
inspection, the Chief Building Official and the HP Officer shall within ten (10)
working days conduct an investigation and prepare a written report detemfining
whether the property requires work to address conditions set forth in Section
26.415.100 (A)(1).
4. If the property is found to contain conditions needing correction, the owner, his
representative or other such persons having legal possession, custody and control
of the property will be served within fourteen (14) days with a complaint
identifying the property deficiencies and providing notice that a hearing will be
held before a Hearing Officer of the City within forty-five (45) days. The purpose
of the hearing is to:
a. Receive evidence concerning the charge of deterioration, and
b. Develop a plan and schedule for making the needed repairs in a timely
fashion, such that the building is stabilized and the deterioration is
arrested, and
c. Ascertain whether the owner or other parties intend to make application
for financial assistance from the City to correct the building defects.
5. Following such notice and hearing, the Hearing Officer will make a
determination if there are any corrections required pursuant to Section 26.415.110
(A)(1) and shall state in writing the findings of fact in support of that
determination. If it is determined that the building or structure is undergoing
deterioration or if its condition is contributing to deterioration, the owner or other
parties of interest will be served an order to repair those defective elements of the
structttre within a reasonable specified time frame.
6. If the owner fails to make the necessary repairs within the identified time
frame, the City' may undertake the work to correct the deficiencies that create any
hazardous and unsafe conditions to life, health and property. The expense of this
work will be recorded as a lien on the property.
C. Appeal
Within 30 days, the owner may appeal the decision of the Hearing Officer to the Board of
Appeals and Examiners pursuant to the process established in Section 8.08 of the Aspen
Municipal Code.
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26.415.110 Benefits
The City of Aspen is committed to providing support to property o~v~ers to assist
their efforts to maintain, preserve and enhance their historic properties. Recognizing that
these properties are valuable community assets is the basic premise underlying the
provision of special procedures and programs for designated historic properties and
districts. A complete list of benefits available to properties listed on the Aspen Inventory
of Historic Landmark Sites and Structures may be found in Section 26.420.
A. Historic Landmark Lot Split
This provision provides an exemption from the Subdivision and Growth Management
Quota System, pursuant to 26.480.030 and 26.470.070, allowing owners of designated
historic properties to create a second unit in addition to the historic building on their lot
through the subdivision of the property.
1. An application for a lot split of a designated historic property may be filed by
the owner by providing the standard information required in Section 26.304.
2. The procedure for the review of a historic lot split application is a two-step
process including a public hearing before the HPC and the City Council. Notice
for these hearings includes publication, mailing amd posting pursuant to Section
26.304.060 (E)(3) (a)(b) and (c).
3. Staff will review the submittal material and prepare a report with relevant
information and a recommendation to continue, approve, approve with conditions
or disprove and the reason for the recormnendation.
4. The HPC may approve a resolution, recommending that City Council approve,
approve with conditions or disapprove the application.
5. The City Council may, by ordinance, approve, approve with conditions or
disapprove the application.
B. Variances
Dimensional variations are allowed for projects involving designated properties to create
development that is more consistent with the character of the historic property or district
than what would be required by the underlying zoning's dimensional standards.
I. The HPC may grant variances of the Land Use code for designated properties
to allow:
a. Development in the side, rear and front setbacks;
b. Development that does not meet the minimum distance requirements
between buildings;
c. Up to five (5) percent additional site coverage;
d. Less open space than required for the on-site relocation of commercial
historic properties.
2. In granting a variance, the HPC must make a finding that such a variance:
a. Is similar to the pattern, features and character of the historic property
or district; and/or
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b. Enhances or mitigates an adverse impact to the historic significance or
architectural character of the historic property, an adjoining designated
historic property or historic district.
C. Parking
Parking reductions are permitted for designated historic properties on sites unable to
contain the number of on-site parking spaces required by the underlying zoning.
Commercial designated historic properties may receive waivers of payment-in-lieu fees
for parking reductions.
1. The parking reduction and waiver of payment-in-liue fees may be approved
upon a finding by the HPC that it will enhance or mitigate an adverse impact on
the historic significance or architectural character of a designated historic
property, an adjoining designated property or a historic district.
D. Conditional Uses
A variety of conditional uses are allowed for designated historic properties. These uses
are identified in Section 26.710.
E. Floor Area Bonus
i. In selected circumstances the HPC may grant up to five hundred (500)
additional square feet of allowable floor area for projects involving designated
historic properties. To be considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines; and
b. The historic building is the key element of the property and the
addition is incorporated in a manner that maintains the visual integrity of
the historic building and/or
c. The work restores the existing portion of the building to its historic
appearance; and/or
d. The new construction is reflective of the proportional patterns found in
the historic building's form, materials or openings; and/or
e. The construction materials are of the highest quality; and/or
f. An appropriate transition defines the old and new portions of the
building; and/or
g. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained.
2. Granting of additional allowable floor area is not a matter of right but is
contingent upon the sole discretion of the HPC and the Commission's
assessments of the merits of the proposed project and its ability to demonstrate
exemplary historic preservation practices. Projects that demonstrate multiple
elements described above will have a greater likelihood of being awarded
additional floor area.
3. The decision to grant a Floor Area Bonus for Major Development projects will
occur as part of the approval of a Conceptual Development Plan, pursuant to
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Section 26.415.070(D). No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the
HPC in a work session to discuss how the proposal might meet the bonus
considerations.
E. Exemption from Growth Management Quota System Requirements
Certain types of development on designated historic properties are exempt from the
Growth Management Quota System and have reduced impact mitigation requirements.
Refer to Section 26.470(C) and (D) for further information.
F. Waiver of Fees
Designated historic properties may apply for the waiver of various City fees if it can be
demonstrated the waiver shall assist in the preservation of the designated historic
property.
26.415.120 Appeals, Notice to City Council and Call Up
A. Appeal
Any action by the HPC in approving, approving with conditions or disapproving a
development order and an associated Certificate of Appropriateness for Major
Development, Demolition Approval, or Relocation Approval may be appealed to the City
Council by the applicant or a property owner within three hundred (300) feet of the
subject property in accordance with the procedures set forth in Chapter 26.316.
B. Notice to City Council
Following the adoption of a resolution approving, approving with conditions or
disapproving a development application for a Certificate of Appropriateness for Major
Development, Demolition Approval or Relocation Approval of a designated property, the
HPC shall promptly notify the City Council of its action to allow the City Council an
opportunity to avail itself of the Call Up procedure set forth in Section 26.415.120(C) and
(D).
C. Call Up
The City Council may order Call Up of any action taken by the HPC as described in
Section 26.415.070 within thirty (30) days of the decision, action or determination.
Consequently no associated permits can be issued during the 30-day call up period.
D. City Council Action on Appeal or Call Up
The City Council shall consider the application on the record established before the HPC.
The City Council shall affirm the decision of the HPC unless there is a finding that there
was a denial of due process, or the HPC has exceeded its jurisdiction or abused its
discretion. The City Council shall take such action as is deemed necessary to remedy
said situation, including, but not limited to: 1. Reversing the decision,
2. Altering the conditions of approval,
3. Remanding the application to the HPC for rehearing.
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The Chair, Vice-Chair or a member of the HPC shall be present at the appeal hearing.
26.415.130 Variances by other City Review Bodies
If an application for a variance involving a designated property is before the Board of
Adjustment or the Planning and Zoning Commission, the HPC will be given the
opportunity to make a written recommendation as to its approval. The Board of
Adjustment or the Planning and Zoning Commission will not take 'action on said
development application for a variance pursuant to Chapter 26.314, without receiving the
written recommendation from the HPC.
26.415.140 Penalties
Any person violating the provisions of Sections 26.415.070 through 26.415.100 will be
subject to the general penalty provisions of this Title.
A. Additional Penalties
Additional penalties for the violation of Sections 26.4151070 through 26.415.100 include:
1. Any person who constructs, alters, relocates, changes the appearance or
demolishes a designated property in violation of any section may be required to
restore the building, structure or setting to its appearance prior to the violation.
2. Following notice and public hearing, the HPC shall prohibit the owner,
successor, or assigns from obtaining a building permit for the subject property for
a period of up to ten (10) years from the date of the violation. The City shall
initiate proceedings to place a deed restriction on the property to ensure
enforcement of this penalty. The property owner shall be required to maintain the
property during that period of time in conformance with the Standards for
Reasonable Care and Upkeep set forth in Section 26.415.100(A).
3. Any variances or historic preservation benefits previously granted to the
property may be subject to revocation.
Section 8:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby repeals
Section 26.420 of the Aspen Municipal Code in its entirety.
Section 9:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.430.040 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicatedl All portions of these sections not
listed below shall remain in effect):
26.430.040 Review standards for special review.
35
D. Increase of Floor Area. Whenever a special review is conducted to determine an
increase in the external Floor Area Ratio, as provided in specified zone districts, the
development application is subject to the following criteria:
1. A minimum of sixty (60) percent of the additional floor area shall be
affordable housing, with no more than forty (40) percent of the additional floor area
intended for other uses.
2. The development complies with the dimensional requirements criteria of
Section 26.430.040(A) above.
3. For properties listed on the Aspen Inventory of Historic Landmark Sites
and Structures, the affordable housing portion of the additional floor area may be
provided either off-site or via a cash-in-lieu payment, if the following criteria are met:
a. In order to ensure the addition is compatible with the historic
structure in terms of design, scale, site plan, massing, or volume, on-site affordable
housing mitigation is undesirable.
b. Any off site affordable housing mitigation is provided at a level
meeting or exceeding the provisions of Section 26.470.070(D)(5).
c. The mount of non-affordable housing floor area does not exceed
forty (40) percent of the additional FlOor Area Ratio alloWed by SpeCial Review.
Section 10:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.470 of the Aspen Municipal Code to read as follows. (Note that only
the specific passage to be amended is indicated. All portions of these sections not listed
below shall remain in effect):
26.470.070 Exemptions
A. Remodeling, restoration, or reconstruction of existing buildings
3. Replacement of structures listed on the Aspen Inventory of Historic
Landmark Sites and Structures. A structure included on the Aspen Inventory of Historic
Landmark Sites and Structures may be removed from a property and relocated elsewhere
within the City of Aspen and need not be demolished in order for a replacement structure
on its original site to be exempted from the growth management competition and scoring
procedures, provided that the structure is designated on the Aspen Inventory of Historic
Landmark Sites and Structures in its new location and all necessary development
approvals are obtained from HPC and the Planning and Zoning Commission.
26.470.070(C) and (D)
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C. Historic Landmark Lot Split. The constmction of each new single-family
dwelling on a lot created through a Historic Landmark Lot Split pursuant to Section
26.480.030(A)(4). This exemption shall not be deducted froTM the respective annual
development allotments established pursuant to Section 26.470.050 or from the Aspen
Metro Area development ceilings established pursuant to Section 26.470.030. Exemption
review is by the Community Development Director. This exemption shall only apply if
the standards of Section 26.470.070(B)(1) or (2), as applicable, are met.
D. Properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures.
1. Change of use. The change of use of a property listed on the Aspen
Inventory of Historic Landmark Sites and Structures that does not increase the building's
existing floor area ratio shall be exempt. This exemption shall not be deducted from the
respective annual development allotments or from the Aspen Metro Area development
ceilings. Exemption review is by the Community Development Director,
2. Enlargements for additional dwelling and tourist accommodations units.
The enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites
and Structures that develops, on a maximum cumulative basis:
(a) not more than one residential dwelling or three hotel, lodge, bed
and breakfast, boardinghouse, roominghouse or dormitory units. This exemption shall be
deducted from the respective annual development allotments and from the Aspen Metro
Area development. Exemption review is by the Community Development Director.
(b) more than one residential dwelling or more than three (3) hotel,
motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be
exempted. This exemption is not deducted from annual allotments or from Aspen Metro
Area ceilings. Review is by Growth Management Commission. The applicant shall
demonstrate that as a result of the development, mitigation of the project's community
impacts will be addressed by the standards set forth at sub'Section 5, below.
3. Enlargement for use as a commercial or office development.
a. No increase in FAR or net leasable square footage. The
enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures intended to be used as a commercial or office development which does not
increase either the building's existing floor area ratio or its net leasable square footage; or
(2) The enlargement of a property listed on the Aspen Inventory of Historic Landmark
Sites and Structures intended to be used as a commercial or office development which
increases either the building's existing floor area ratio or its net leasable square footage,
but does not increase both, shall be exempt. Review is by the Community Development
Director.
37
b. Increase in FAR and net leasable square footage. The increase in
FAR and net leasable square footage for a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures to be used as a commercial, office, or mixed use
development including a residential component shall be reviewed by the Growth
Management Commission for an exemption. The applicant shall demonstrate that as a
result of the development, mitigation of the project's community impacts will be
addressed by the standards set forth at sub-Section 5, below. Upon a recommendation
from the Growth Management Commission, City Council may waive, reduce, or defer the
affordable housing mitigation as required, pursuant to Subsection 5(a) below, when it
finds that no employees will be generated.
4. Enlargements for mixed-use development. The enlargement of a property
listed on the Aspen Inventory of Historic Landmark Sites and Structures for mixed-use as
a commercial, office or lodge development and that adds a residential dwelling unit, that
increases the building's or parcel's existing floor area ratio and its net leasable square
footage shall be exempt. This exemption is not deducted from annual allotments or from
Aspen Metro Area ceilings. Review is by Growth Management Commission. The
applicant shall demonstrate that as a result of the development, mitigation of the project's
community impacts will be addressed by the standards set forth at sub-Section 5, below.
5. Standards for exemptions for properties listed on the Aspen Inventory of
Historic Landmark Sites and Structures. To be eligible for the exemptions of sub-Sections
(2)(b), (3)(b) and (4) above, the applicant shall demonstrate that as a result of the
development, mitigation of the project's community impacts will be addressed as
follows:
(a) Affordable housing.
(1) For an enlargement to the maximum floor area permitted
under the external floor area ratio for the applicable zone district (excluding any bonus
floor area permitted by special review), the applicant shall provide affordable housing at
one hundred (100) percent of the level that would meet the threshold required in Section
26.470,080(C)(5) for the applicable use. For each one percent reduction in floor area
below the maximuna permitted under the external floor area ratio for the applicable zone
district (excluding any bonus floor area permitted by special review), the affordable
housing requirement shall be reduced by one percent.
(2) The applicant shall place a restriction on the property, to
the satisfaction of the City Attorney, requiring that if, in the future, additional floor area
is requested, the owner shall provide affordable housing impact mitigation at the then
current standards.
(3) Any affordable housing provided by the applicant shall be
restricted to the housing designee's Category 3 price and income guidelines, as set forth
38
in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority.
Any affordable housing shall comply with the standards for affordable housing set forth
in the Aspen/Pitkin County Housing Guidelines.
(b) Parking. Parking shall be provided according to the standards of
Chapter 26.515, if the Historic-Preservation Commission determines that parking can be
provided on the site's surface and be consistent with the review standards of Chapter
26.415, if applicable. Any parking that cannot be located on-site and that would therefore
be required to be provided via a cash-in-lieu payment shall be waived.
(c) Off site impacts. The development's water supply, sewage
treatment, solid waste disposal, drainage control, transportation and fire protection
impacts shall be mitigated to the satisfaction of the Growth Management Commission.
(d) Compatibility. The compatibility of the project's site design with
surrounding projects and its appropriateness for the site shall be demonstrated, including
but not limited to consideration of the quality and character of proposed landscaping and
open space, the amount of site coverage by buildings, any amenities provided for users
and residents of the site, and the efficiency and effectiveness of the service delivery area.
26.470.090(B)(4) Growth management scoring criteria- Residential and Tourist
Accommodations, Scoring
4. Maintaining design quality, historic compatibility and community character.
Design within the larger historic setting of the community is important as it is a vital
component of the community's economic well-being and cultural heritage. Public
architecture should support and enhance community life. The goal of this sub-Section is
to ensure the maintenance of community character through design quality and
compatibility with historic features.
There are a variety of ways in which a project might address the goal of maintaining
design quality, historic compatibility and community character, including, but not limited
to the following:
a. restoring properties listed on the Aspen Inventory of Historic
Landmark Sites and Structures;
b. improving and maintaining the appearance and function of alleys
for commercial, office and residential uses;
39
c. ensuring design compatibility with existing buildings in the
vicinity of the proposed project, in terms of scale, massing, building materials,
fenestration, other architectural features, and open space;
d. including porches or other "pedestrian-friendly" features;
e. retaining and promoting eclectic and diverse businesses along
Main Street that maintain and enhance the special character of the historic district;
ensuring the site's usability for social activities.
Section 11:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.480.030 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.480.030 Exemptions.
The following development shall be exempted from the terms of this Chapter:
A. General exemptions.
4. Historic Landmark Lot Split. The split of a lot that is listed on the Aspen
Inventory of Historic Landmark Sites and Structures for the develoPment of one new
single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of
section 26.480.030(A)(2) and (4), section 26.470.070(C), and section 26.415.120(A) of
this Code, and the following standards:
a. The original parcel shall be a minimum of six thousand (6,000)
square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district.
b. The total FAR for both residences shall be established by the size
of the parcel and the zone district where the property is located. The total FAR for each
lot shall be noted on the Subdivision Exemption Plat.
In the Office zone district, the following shall apply to the calculation of maximum floor
area for lots created through the historic landmark lot split. Note that the total FAR shall
not be stated on the Subdivision Exemption Plat because the floor area will be affected by
the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use, the
maximum floor area will be as stated in the R-6 zone district.
If any portion ora building on a lot created by the historic landmark lot split is in
commercial/office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
40
created by the lot split remains wholly in residential use, then the floor area on that
parcel shall be limited to the maximum allowed on a lot of its size for residential use
according to the R-6 standards.
If there is commercial/office use on both newly created lots, the maximum floor area for
all uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements of the
underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and
(c) are only permitted on the parcels that will contains a historic structure. The FAR
bonus will be applied to the maximum FAR allowed on the original parcel.
Section 12:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.500.050 of the Aspen Municipal Code to mad as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.500.050 Procedure.
B. City Council Determination of Eligibility. Following a public
hearing in accordance with Section 26.3041060(C), the City Council shall by resolution
(a) make a determination whether the proposed development is reasonably necessary for
the convenience and welfare of the public by applying the standards of Section
26.500.040; (b) establish a procedure for review of the proposed project to include
standards of review; (c) establish a Task Force Team to review the development proposal
and identify members of City boards, commissions, and other interested parties,
(including at least two (2) members of the public at large) to be included as members of
the Task Force Team, which shall include representation by the planning and Zoning
Commission; and, (d) establish a timeframe for the procedures to be used to review the
proposed development. If the proposed project proposes development subject to Chapter
26.415, Development involving the Aspen Inventory of Historic Landmark Sites and
Structures or Development in an "H," Historic Overlay District, the City coUncil ihall
include in the review procedures the requirement for an application for review of the
eligible project to the Historic Preservation Commission in accordance with the
applicable sections of the Land Use Code. The City Council may, in appropriate
circumstances, include as part of the review process it adopts a separate referral to the
Planning and Zoning Commission, or any other City board and commission for their
separate review and recommendation. Should the City Council determine that the
proposed development is not reasonably necessary for the convenience and welfare of the
public, the application shall be reviewed in accordance with the applicable sections of this
Land Use Codel The City Council may amend the resolution at any time upon the request
of the applicant, the CommUnity Development Director, or upon its own motion.
Section 13:
41
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.510.030 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.510.030 Procedure for sign permit approval.
B. Exempt signs. The following signs or sign activities shall be exempt from
obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and
owner of the sign from the responsibility of complying with all applicable provisions of
this Title. The exemption shall apply to the requirement for a sign permit under this
Section.
9. Historic designation. Signs placed on a historic building
identifying the structure as a property listed on the Aspen Inventory of Historic Landmark
Sites and Structures, which sign shall be a wall sign not to exceed six (6) square feet in
area.
Section 14:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.515.030 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.515.030 Required number of off-street parking spaces.
The off-street parking spaces established below shall be provided for each use in
the zone district. Whenever the off-street parking is subject to establishment by adoption
of a Planned Unit Development Final Development Plan, that review shall be pursuant to
Section 26.445, Planned Unit Development. Whenever the parking requirement is subject
to special review or may be provided via a payment in lieu, that review shall be pursuant
to the procedures set forth at Chapter 26.430 and the standards set forth at Section
26.515.040, below.
Uses
Zone District Lodge Residential All Others
R6 Special Review * Special Review
RI 5 Special Review * Special Review
R- 15A N/A * Special Review
R- 15 B N/A * N/A
R-30 N/A * Special Review
R-MF Special Review * Special Review
MHP N/A * Special Review
42
AH/PUD N/A ** N/A
RR N/A * Special Review
CC 0.7 space/bedroom, * 2 spaces/I,000 sq. ft. of
may be provided via net leasable area, may
payment-in-lieu be provided via
payment-in-lieu
C-1 N/A * 1.5 spaces/I,000 sq.ft.
of net leasable area,
may be provided via
payment-in-lieu
S/C/I N/A * Fewer spaces may be All other uses: 1.5
provided pursuant to spaces/I,000 square
chapter 26.425, feet of net leasable area
Conditional Use unless otherwise
Review. established through
Special Review
pursuant to Chapter
26.430.
NC N/A * 4 spaces/I,000 sq.ft, of
net leasable area
O N/A * 3 spaces/i,000 square
feet of net leasable
area; fewer spaces may
be provided by via
payment-in-lieu, but no
fewer than 1.5
space/I,000 square feet
of net leasable area
on-site.
L/TR 0.7 space/bedroom, * 4 spaces/I,000 sq.ft, of
which 0.2 net leasable area, may
space/bedroom may be be provided via
provided via payment- payment-in-lieu.
in-lieu.
CL 0.7 space/bedroom, * 2 spaces/I,000 sq.ft, of
which 0.2 net leasable area which
space/bedroom may be may be provided via
provided via payment- payment-in-lieu.
in-lieu.
LP 1 space/bedroom * 4 spaces/I,000 sq.ft, of
net leasable area.
C N/A * Special Review
A N/A * Special Review
P 1 space/bedroom * Special Review
43
PUB N/A * Special Review
Transportation N/A * Underlying Zone
Overlay District
Drainage N/A N/A Underlying Zone
Overlay District
Golf Course Underlying Zone N/A Underlying Zone
Support District District
Lodge 1 space/bedroom * Underlying Zone
District
LP Overlay 0.7 spaces/bedroom *, unless otherwise 4 spaces/1000 square
unless otherwise established pursuant to feet of net leasable
established pursuant to Section 26.445, area, unless otherwise
Section 26.445, Planned Unit established pursuant to
Planned Unit Development. Section 26.445,
Development. Planned Unit
Development.
· For single-family and duplex residential use and multi-family use: two (2) spaces/dwelling unit.
Fewer spaces may be provided pursuant to Chapter 26.520, for accessory dwelling units only, One
(1) space/dwelling unit is required if the unit is either a studio or one-bedroom unit.
· * Residential uses in AH/PUD are established by special review in accordance with Chapter
26.430. The maximum number of parking spaces required shall not exceed two (2)
spaces/dwelling unit for free market units. Parking spaces shall not exceed one (1) space/bedroom
or two (2) spaces/dwelling unit, whichever is less for the affordab!e housing units.
Parking reductions for all uses, in all zone districts, are permitted for properties listed on
the Aspen Inventory of Historic Landmark Sites and Structures that are unable to contain
the number of on-site parking spaces required by the underlying zoning upon a finding by
HPC pursuant to Section 26.415.120(C)(1). Commercial designated historic properties may
receive waivers of payment-in-lieu fees for parking reductions.
Section 15:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.520.080 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.520.080 Procedure.
D. Special Review.
An application requesting a variance fi'om the ADU design standards, or an appeal
of a determination made by the Community Development Director, shall be
processed as a Special Review in accordance with the Common Development
Review Procedure set forth in Section 26.304. The Special Review shall be
considered at a public hearing for which notice has been posted and mailed,
pursuant to Section 26.304.060(E)(3)(b and c).
44
Review is by the Planning and Zoning Commission. If the property is listed on the
Aspen Inventory of Historic Landmark Sites and Structures or within a Historic
Overlay District, and the application has been authorized for consolidation
pursuant to Section 26.304, the Historic Preservation Commission shall consider
the Special Review.
Section 16:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.575.030 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.575.030 Open Space.
A. Standards for open space. Development which is required to provide open space
shall comply with the following provisions:
11. Trellis structures within required open space shall only be proposed in
conjunction with commercial restaurant uses on properties listed on the Aspen
Inventory of Historic Landmark Sites and Structures or within (H) Historic
overlay zones and must be approved by the Historic Preservation Commission
pursuant to review requirements contained in Chapter 26.415 and the Community
Development Director pursuant to Section 26.470.060(A)(2)(a)(1). Such approved
structures shall not be considered as floor area or a reduction in open space on the
parcel.
B. Reduction of required open space in the Commercial Core (CC) zone district.
The Commercial Core (CC) zone district requires that building sites within the zone
district provide at least 25% of open space, unless the Plauning and Zoning Commission,
by special review (See Chapter 261430), approves a reduction. A reduction of the required
open space may be approved by the Planning and Zoning Commission only if:
1. The applicant demonstrates that the provision of less than the required
amount of open space on-site will be more consistent with the character of
surrounding land uses than would be the provision of open space according to the
standard. In making this finding, the Planning and Zoning Commission may
consider the following:
a. It may be appropriate to have open space on the site when the
building is located on a street comer.
b. The open space can be linked to neighboring pedestrian amenities.
45
c. The open space provides relief intended to maintain the
prominence of an adjacent property listed on the Aspen Inventory of
Historic Landmark Sites and Structures2
Section 17:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.575.120 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.575.120 Satellite dish antennas.
A. Satellite dish antennas twenty-four (24) inches in diameter or more must receive
building permits, if required, prior to installation. Prior to the issuance of appropriate
building permits, satellite dish antennas greater than twenty-four (24) inches in diameter
shall be reviewed and approved by the Community Development Director in
conformance with the following criteria. Any satellite dishes installed on a property
listed on the Aspen Inventory of Historic Landmark Sites and Structures or in an "H,"
Historic Overlay District shall be reviewed according to Chapter 26.415.070.B.
Section 18:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.575.130 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.575.130 Wireless Telecommunication Services Facilities and Equipment.
C. Procedure. Pursuant to Section 26.304.020, the applicant shall conduct a pre-
application conference with staff of the Community Development Department. The
planner shall then prepare a pre-application summary describing the submission
requirements and any other pertinent land use material, the fees associated with the
review(s), and the review process in general.
After the pre-application summary is received by the applicant, said applicant
shall prepare an application for review and approval by staff and the Community
Development Director, respectively. In order to 'proceed with additional land use reviews
or obtain a Development Order, the Community Development Director shall find the
submitted development application consistent with the provisions, requirements and
standards of this Chapter.
The Community Development Director may apply reasonable conditions to the approval
as deemed necessary to insure conformance with applicable review criteria. If the
Community Development Director determines that the proposed wireless
telecommunication services facilities and equipment does not comply with the review
criteria and denies the application, or the applicant does not agree to the conditions of
46
approval determined by the Community Development Director, the applicant may apply
for conditional use review by the Planning and Zoning Commission and such application
must be made within fifteen (15) calendar days of the day on which the Community
Development Director's decision is rendered.
Proposals for the location of wireless telecommunication services facilities or equipment
on any property listed on the Aspen Inventory of Historic Landmark Sites and Structures
or within any historic district shall be reviewed by the City's Historic Preservation
Commission (HPC). Review of applications for wireless telecommunication services
facilities and/or equipment by the HPC shall replace the need for review by the
Community Development Director. Likewise, if the Historic Preservation Commission
determines that the proposed wireless telecommunication services facilities and
equipment does not comply with the review criteria and denies the application, or the
applicant does not agree to the conditions of approval determined by the Historic
Preservation Commission, the applicant may appeal the decision to the City Council and
such appeal must be filed within fifteen (15) calendar days of the day on which the
Historic Preservation Commission's decision is rendered.
E. General Provisions and Requirements. The following provisions apply to all
wireless telecommunication services facilities and equipment applications, sites, and
uses.
5. Historic Sites and Structures. In addition to the applicable standards of
Chapter 26.415, all of the foregoing and following provisions and standards of this
Chapter shall apply when wireless telecommunication services facilities and equipment
are proposed on any historic site or structure, or within any historic district.
Section 19:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.610.020 of the Aspen Municipal Code to read as follows. (Note that
only the specific passage to be amended is indicated. All portions of these sections not
listed below shall remain in effect):
26.610.020 Applicability.
Park development impact fees shall be assessed upon all development in the City
of Aspen which creates additional bedrooms in residential dwellings, lodges, hotels, bed
and breakfasts, boardinghouses, roominghouses or dormitories and on all development
which creates additional commercial or office space. Park development impact fees shall
not be assessed upon the following:
A. Alteration or expansion of a structure which does not create any additional
bedrooms.
B. The replacement of a partially or totally destroyed structure which does not create
any additional bedrooms.
47
C. Development of essential community facilities.
D. Affordable housing subject to Affordable Housing Guidelines.
E. Development involving a property listed on the Aspen Inventory of Historic
Landmark Sites and Structures.
F. Re-subdivision of land, if a park development impact fee or a fee similar thereto
was assessed by the City of Aspen and collected at the time of the initial subdivision,
unless the re-subdivision shall be for the purpose of additional development, in which
case the fee shall be assessed upon any additional bedrooms or commercial or office
space permitted by the re-subdivision.
Section 20:
Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby
amends Section 26.710 of the Aspen Municipal Code to read as follows. (Note that only
the specific passage to be amended is indicated. Ail portions of these sections not listed
below shall remain in effect):
26.710.040 Medium-Density Residential (R-6).
C. Conditional uses. The following uses are permitted as conditional uses in the
Medium-Density Residential (R-6) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Park or open use recreation site;
2. Public or private academic school;
3. Church;
4. Group home;
5. Child care center;
6. Museum;
7. For properties which are listed on the Aspen Inventory of Historic
Landmark Sites and Structures: bed and breakfast; boardinghouse; and two (2)
detached residential dwellings or a duplex on a lot with a minimum area of 6,000
square feet.
48
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Medium-Density Residential (R-6) zone
district:
1. Minimum lot size (square.feet): 6,000. For lots created by Section
26.480.030(4) Historic Landmark Lot split: 3,000.
2. Minimum lot area per dwelling unit (square.feeO :
a. Detached residential dwelling: 6,000
b. Duplex: A duplex may be developed on a lot of 8,000 square feet
that was subdivided as of April 28, 1975. A duplex may also be developed
on a lot of 7,500 square feet that was subdivided as of and annexed
subsequent to January 1, 1989. Otherwise, the duplex must be developed
with a minimum lot area of 4,500 square feet per dwelling unit, unless the
property is listed on the Aspen Inventory of Historic Landmark Sites and
Structures, in which case a duplex or two (2) detached residential
dwellings may be developed with a minimum lot area of 3,000 square feet
per unit.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60. For lots created by Section 26.480.030(4)
Historic Landmark Lot split: 30.
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
49
*Total external floor area ratio for two detached residential dwellings or a duplex
on a lot between 6,000 and 9,000 square feet when the property is listed on the Aspen
Inventory o£Historic Sites and Structures shall not exceed the floor area allowed for one
detached residential dwelling. Total external floor area for two detached residential
dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed
for one duplex.
Duplex
50
*Total external floor area ratio for two detached residential dwellings or a duplex
on a lot between 6,000 and 9,000 square feet when the property is listed on the Aspen
Inventory o£Historic Sites and Structures shall not exceed the floor area allowed for one
detached residential dwelling. Total external floor area for two detached residential
dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed
for one duplex.
26.710.050 Moderate-Density Residential (R-15).
A. Purpose. The purpose of the Moderate-Density Residential (R-15) zone district is
to provide areas for long term residential purposes with customary accessory uses.
Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Moderate-Density Residential (R-15) zone
district typically consist of additions to the Aspen Townsite and subdivisions on the
periphery of the City. Lands within the TownSite which border Aspen Mountain are alS°
included in the Moderate-Density Residential (R-15) zone district.
B. Permitted uses. The following uses are permitted as of right in the Moderate-
Density Residential (R-15) zone district.
1. Detached residential dwelling;
2. Duplex;
3. Farm buildings and uses, provided that all such buildings and storage areas
are located at least 100 feet from pre-existing dwellings on other lots;
4. Home occupations;
5. Accessory buildings and uses; and
51
6. Accessory dwelling units meeting the provisions of Section 26.520.040.
7. For properties which are listed on the Aspen Inventory of Historic
Landmark Sites and Structures: two detached residential dwellings or a duplex on
a lot with a minimum area of fifteen thousand (15,000) square feet.
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate-Density Residential (R-15) zone district, subject to the standards and
procedures established in Chapter 26.425:
1. Parks and open use recreation site;
2. Public or private academic school;
3. Church;
4. Group home;
5. Child care center;
6. Museum;
7. Lodge, where indicated by designation as a Lodge Overlay District (L)
pursuant to Section 26.710.310;
8. For properties which are listed on the Aspen Inventory of Historic Sites
and Structures: bed and breakfast; boarding house; and two detached residential
dwellings or a duplex on a lot with a minimum area of six thousand (6,000)
square feet.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Moderate-Density Residential (R-15) zone
district.
1. Minimum lot size (square feeO : 15,000. For lots created by Section
26.480.030(4) Historic Landmark Lot split: 3,000.
2. Minimum lot area per dwelling unit (square feeO :
a. Detached residential dwelling: 15,000.
b. Duplex: A duplex may be developed on a lot of 15,000 square feet
that was subdivided as of April 28, 1975. Otherwise the duplex must be
developed with a minimum lot area of 10,000 square feet per dwelling
52
unit, unless the property is listed On the Aspen Inventory of Historic Sites
and Structures, in which case a duplex or two detached residential
dwellings may be developed with a minimum lot area of three thousand
(3,000) square feet per unit.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 75. For lots created by Section 26.480.030(4)
Historic Landmark Lot split: 30.
4. Minimum front yard setback (£ee0:
Residential dwellings: 25.
Accessory buildings and all other bUildings: 30.
5. Minimum side )~ard setback (feeO : 10.
6. Minimum rear yard setback (feeO:
All buildings except residential dwellings and accessory buildings:
20.
Residential dwellings: 10.
Accessory buildings: 5.
7. Maximum height (feeO: 25.
8. Minimum distance between detached buildings on the lot (feeO : 10.
9. Percent of open space required, for building site: No requirement.
10. External.[loor area ratio (applies to co~forming and nonconforming lots
of record):
53
*Total external floor area ratio for two detached residential dwellings or a duplex
on a lot tess than 20,000 square feet when the property is listed on the Aspen Inventory of
Historic Sites and Structures shall not exceed the floor area allowed for one detached
residential dwelling. (Does not apply to the R-30 zone district.)
Duplex
54
*Total external floor area ratio for two detached residential dwellings or a duplex
on a lot less than 20,000 square feet when the property is listed on the Aspen Inventory of
Historic Sites and Structures shall not exceed the floor area allowed for one detached
residential dwelling. (Does not apply to the R-30 zone district.)
26.710.060 Moderate-Density Residential 01-15A).
A. Purpose. The purpose of the Moderate-Density Residential (R-15A) zone district
is to provide areas for long term residential purposes with customary accessory uses.
Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Moderate-Density Residential (R-15A) zone
district are similarly situated to those in the Moderate-Density Residential (R-15) zone
district and are lands annexed from Pitkin County from zone districts in which duplexes
are a prohibited use.
B. Permitted uses. The following uses are permitted as of right in the Moderate-
Density Residential (R-15A) zone district:
1. Detached residential dwelling;
2. Duplex, provided fifty (50) percent of the duplex units are restricted to
affordable housing;
3. Farm buildings and use, provided that all such buildings and storage areas
are located at least 100 feet from pre-existing dwellings on other lots;
4. Home occupations;
5. Accessory buildings and uses;
6. For properties which are listed on the Aspen Inventory of Historic Sites
and Structures: two detached residential dwellings on a lot within a minimum lot
size of thirteen thousand (13,000) square feet; and
7. Accessory dwelling units meeting the provisions of Section 26.520.040.
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate-Density Residential (R-15A) zone district, subject to the standards and
procedures established in Chapter 26.425:
55
1. Parks, and open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Child care center; and
6. Museum.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Moderate-Density Residential (R-15A) zone
district:
1. Minimum lot size (square.£eet): 15,000. For lots created by Section
26.480.030(4) Historic Landmark Lot Split: 3,000.
2. Minimum lot area per dwelling unit (square treeO :
a. Detached residential dwelling: 15,000.
b. Duplex: A duplex may be developed on a lot of 15,000 square feet
that was subdivided as of April 28, 1975. Otherwise the duplex must be
developed with a minimum lot area of 10,000 square feet per dwelling
unit, unless the is listed on the Aspen Inventory of Historic Sites and
Structures, in which case two detached residential dwellings may be
developed with a minimum of 6,500 square feet per unit.
3. Minimum lot width ([eeO: 75. For lots created by Section 26.480.030(4)
Historic Landmark Lot Split: 30.
4. A minimum.#ont yard setbaclc ([eeO :
Residential dwelling: 25.
Accessory buildings and all other buildings: 30.
5. Minimum side.¥ard setback (feeO : 10.
6. Minimum rear yard setback (feet):
All buildings except residential dwellings and accessory buildings:
20.
Residential dwellings: 10.
Accessory buildings: 5.
56
7. Maximum height (feet): 252
8. Minimum distance between principal and accessory buildings (feet): 10.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to conforming and nonconforming lots of
record): Same as R15 zone district.
26.710.090 Residential Multi-Family (R/MF).
A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to
provide for the use of land for intensive long-term residential purposes, with customary
accessory uses. Recreational and institutional uses customarily found in proximity to
residential uses are included as conditional uses. Lands in the Residential/Multi-Family
(R/MF) zone district are typically those found in the original Aspen Townsite, within
walking distance of the center of the City, or include lands on transit routes, and other
lands with existing concentrations of attached residential dwellings and mixed attached
and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the
Residential/Multi-Family (R/MF) zone district:
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The
affordable housing unit shall comprise a minimum of one-third (1/3) of the total
floor area of the duplex. In the alternative, both may be free market units if an
accessory dwelling unit shall be provided for each unit;
3. Multi-family dwellings;
4. Home occupations;
5. Accessory buildings and uses;
6. Dormitory; and
7. Two detached residential dwellings on a lot with a minimum lot size of six
thousand (6,000) square feet, of which one unit shall be restricted as affordable
housing to the middle income price and occupancy guidelines. The affordable
housing unit shall comprise a minimum of one-third (1/3) of the total area of the
57
duplex. In the alternative, both may be free market units if an accessory dwelling
unit shall be provided for each unit; and
8. Accessory dwelling units meeting the provisions of Section 26.520.040.
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential/Multi-Family (R/MF) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Park and open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Child care center;
6. Museum;
7. For properties which are listed on the Aspen Inventory of Historic Sites
and Structures: bed and breakfast~ and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone
district:
1. Minimum lot size (square.feeO: 6,000. For lots created by Section
26.480.030(4) Historic Landmark Lot Split: 3,000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex: 3,000.
c. Two detached residential dwellings: 3,000.
For multi-family dwellings on lot between 6,000 and 9,000 square feet, the
following minimum lot area per dwelling unit (square feet) requirements
apply:
Studio: 1,000.
1 bedroom: 1,200.
58
2 bedroom: 2,000.
3 bedroom: 3,000.
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi-family dwellings on lot of more than 9,000 square feet, the
following minimum lot area per dwelling unit (square feet) requirements
apply:
Studio: 1,000.
1 bedroom: 1,250.
2 bedroom: 2,100.
3 bedroom: 3,630.
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi-family dwellings on a lot of 27,000 square feet or less, when at
least fifty percent (50%) of the units built on-site are restricted as
affordable housing, the following minimum lot area per dwelling unit
(square feet) requirements apply: Studio: 500.
1 bedroom: 600.
2 bedroom: 1,000.
3 bedroom: 1,500.
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For multi-family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on-site are restricted as
affordable housing, the following minimum lot area per dwelling unit
(square feet) requirements apply:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
Units with more than 3 bedrooms: One (1) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60. For lots created by Section 26.480.030(4)
Historic Landmark Lot Split: 30.
26.710.140 Commercial Core (CC).
A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the
use of land for retail and service commercial, recreation and institutional purposes with
customary accessory uses to enhance the business and service character in the central
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business core of the City. Hotel and principal long-term residential uses may be
appropriate as conditional uses, while residential uses are permitted or may be
appropriate as conditional uses.
B. Permitted uses. The following uses are permitted as of right in the Commercial
Core (CC) zone district:
1. Medical and dental clinic;
2. Professional and business office;
3. Open use recreation site;
4. Recreation club;
5. Theater;
6. Assembly hall;
7. Church;
8. Public building for administration;
9. Restaurant, cabaret and night club, tea room;
10. Retail commercial establishment limited to the following and similar uses:
Antique store, appliance store, art supply store, art gallery, bakery, bookstore,
camera shop, candy, tobacco or cigarette store, clothes store, computer sales store,
florist shop, food market, furniture store, gift shop, hardware store, hobby shop,
jewelry shop, job printing shop, key shop, liquor store, music store, office supply
store, pet shop, paint and wallpaper store, photography shop, record store, shoe
store, sporting goods store, stationery store, variety store, video sales and rental
store;
11. Service commercial establishments limited to the following and similar
uses: Catering service, financial institution, personal service including barber and
beauty shop, custom sewing, dry cleaning pickup station, laundromat, ski repair
and rental, shop-craft industry, tailoring and shoe repair shop, parking lot or
parking garage, studio for instruction in the arts, radio or television broadcasting
facility;
12. Rental, repair and wholesaling facilities in conjunction with any of the
uses provided in Section 26.710.140(B)(1) through (11), provided all such activity
is clearly incidental and accessory to the permitted use and conducted within a
building;
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13. Storage of materials accessory to any of the uses provided in Section
26.710.140(B)(1) through (12), provided all such storage is located within a
structure;
14. Residential dwelling units which are located above street level commercial
uses, provided that the residential dwelling unit is restricted to six~month
minimum leases;
15. Accessory dwelling units meeting the provisions of Section 26.520.040;
16. Detached residential dwellings listed on the Aspen Inventory of Historic
Sites and Structures;
17. Newspaper publishing office;
18. Home occupations;
19. Accessory buildings and uses; and
20. Farmers Market provided a vending agreement is obtained in accordance
with Section 15.04.350(B) of the Municipal Code.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Core (CC) zone district, subject to the standards and procedures established
in Chapter 26.425:
1. Recreational and entertainment establishments limited to the following
and similar uses: Business, fraternal or social club or hall; ice or roller skating
rink;
2. Gasoline service station;
3. Hotel;
4. Newspaper and magazine printing;
5. Child care center;
6. Timesharing;
7. Residential dwelling units which are located above street level commercial
uses in properties listed on the Aspen Inventory of Historic Sites and Structures
and which are not restricted to six-month minimum leases;
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8. For properties which are listed on the Aspen Inventory of Historic Sites
and Structures; bed and breakfast; two detached residential dwellings or a
duplex on a lot with a minimum area of 6,000 square feet.
26.710.150 Commercial (C-l).
A. Purpose. The purpose of the Commercial (C-I) zone district is to provide for the
establishment of commercial uses which are not primarily oriented towards serving the
tourist population.
B. Permitted uses. The following uses are permitted as of right in the Commercial
(C-l) zone district:
1. Medical clinics and dental clinics, professional and business offices;
2. Open-use recreation site, recreation club, assembly hall, theatre;
3. Church;
4. Public building for administration;
5. Retail commercial establishments limited to the following and similar
uses: Antique store, appliance store, art supply store, bookstore, photo and camera
shop, art gallery, clothes store, florist, hobby or craft shop, jewelry store, pet shop,
furniture store, hardware store, paint and wallpaper store, shoe store, video sales
and rental store;
6. Service commercial establishments limited to the following and similar
uses: Catering service, financial institution, office supply store, shop-craft
industry, parking garage, and personal service shops including barber shop and
beauty shop;
7. Accessory storage for the above uses if located within the structure;
8. Accessory dwelling units meeting the provisions of Section 26.520.040;
9. Detached residential dwellings listed on the Aspen Inventory of Historic
Sites and Structures and multifamily dwellings;
10. Broadcasting stations;
11. Home occupations;
12. Accessory buildings and uses;
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13. Food market; and
14. Farmers Market provided a vending agreement is obtained in accordance
with Section 15.04.350(B) of the Municipal Code.
26.710.180 Office (O).
A. Purpose. The purpose of the Office (O) zone district is to provide for the
establishment of offices and associated commercial uses in such a way as to preserve the
visual scale and character of former residential areas that now are adjacent to commercial
and business areas, and commercial uses along Main Street and other high volume
thoroughfares.
B. Permitted uses. The following uses are permitted as of right in the Office (O)
zone district:
1. Detached residential dwellings, multi-family dwellings;
2. Professional business offices;
3. Accessory residential dwellings restricted to affordable housing
guidelines;
4. Home occupations;
5. Group homes;
6. Accessory buildings and uses;
7. Dormitory; and
8. A mixed-use building(s) comprised of a residential dwelling unit and
permitted and conditional uses in the Office (O) zone district so long as such
conditional use has been approved subject to the standards and procedures
established in Chapter 26.425; and
9. Accessory dwelling units meeting the provisions of Section 26.520.040.
10. For properties which are listed on the Aspen Inventory of Historic
Landmark Sites and Structures: two (2) detached residential dwellings or a duplex
on a lot with a minimum area of nine thousand (9,000) square feet, of which one
unit shall be restricted as affordable housing to the middle income price and
occupancy guidelines. The~affordable housing unit shall comprise a minimum of
one-third (1/3) of the total floor area of the two dwellings. In the alternative, both
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may be free market units if an accessory dwelling unit shall be provided for each
unit.
C. Conditional uses. The following uses are permitted as in the Office (O) zone
district, subject to the standards and procedures established in Chapter 26.425:
1. Only for those structures listed on the Aspen Inventory of Historic Sites
and Structures: antique store, art studio, bakery, bed and breakfast, boarding
house, bookstore, broadcasting station, church, dance studio, florist, fraternal
lodge, furniture store, mortuary, music store (for the sale of musical instruments),
music studio, restaurant, shop craft industry, visual arts gallery; provided,
however, that (a) no more than two (2) such conditional uses shall be allowed in
each structure, and (b) off-street parking is provided, with alley access for those
conditional uses along Main Street;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The
affordable housing unit shall comprise a minimum of one-third (1/3) of the total
floor area of the duplex. In the alternative, both may be free market units if an
accessory dwelling unit shall be provided for each unit;
3. Two (2) detached residential dwellings or a duplex on a property listed on
the Aspen Inventory of Historic Sites and Structures with a minimum area of
6,000 square feet, of which one unit shall be restricted as affordable housing to the
middle income price and occupancy guidelines. The affordable housing unit shall
comprise a minimum of one-third (1/3) of the total floor area of the two
dwellings. In the alternative, both may be free market units if an accessory
dwelling unit shall be provided for each unit;
4. Child care center;
5. Commeicial parking lot or parking structure that is independent of
required off-street parking, provided that it is not located abutting Main Street;
6. Health and fitness facility; and
7. Lodge units and lodge units with kitchens.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Office (O) zone district:
1. Minimum lot size (square £eeO: 6,000. For lots created by Section
26.480.030(4) Historic Landmark Lot split: 3,000.
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2. Minimum lot area per dwelling unit (square.feeO :
a. Detached residential dwelling: 6,000.
b. Duplex or two detached units: 3,000 per unit.
c. Multi-family dwellings on lot between 6, 000 and 9, 000 square feet:
Studio: 1,000.
1 bedroom; 1,200.
2 bedroom: 2,000.
3 bedroom: 3,000.
3 + bedrooms: One (1) bedroom per 1,000 square feet of lot area.
d. Multi-family dwellings on lot of more than 9, 000 square feet:
Studio: 1,000.
1 bedroom; 1,250.
2 bedroom: 2,100.
3 bedroom: 3,630.
3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area.
e. Multi-family dwellings on a lot of 27, 000 square feet or less, when
at least fifty percent (50%) of the units built on-site are restricted as
affordable housing:
Studio: 500.
1 bedroom: 600.
2 bedroom: 1,000.
3 bedroom: 1,500.
3+ bedrooms: One (1) bedroom per 500 square feet of lot area.
f. Multi-family dwellings on a lot of 27, 000 square feet or less, when
one hundred percent (100%) of the units built on-site are restricted as
affordable housing:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
3+ bedrooms: One (1) bedroom per 400 square feet of lot area.
3. Minimum lot width (feet): 60. For lots created by Section 26.480.030,
Historic Landmark Lot Split: 30.
Section 21: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the remaining
portions thereof.
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Section 22: This Ordinance shall not affect any existing litigation and shall not operate
as an abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 23: A public hearing on the Ordinance was held on the 28th day of January,
2002 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado,
fifteen (15) days prior to which hearing a public notice of the same was published once in
a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 14th day of January, 2002.
ATTEST: TM
K~t~ryn S.~:h~, City Clerk
FINALLY, adopted, passed and approved this 12th day~
ATTEST: TM :
Kathry~l:S. K~e~, 'ty
APPROVED AS TO FORM:
Jo'-li~'n ~q~r&ster,~ City Attorney
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