HomeMy WebLinkAboutordinance.council.007-14 ORDINANCE No. 7
(Series of 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.575—MISCELLANEOUS SUPPLEMENTAL REGULATIONS,CHAPTER
26.104.100—DEFINITIONS,AND CHAPTER 26.314—NONCONFORMITIES OF THE
CITY OF ASPEN LAND USE CODE.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to prepare amendments to the Miscellaneous Supplemental Regulations Chapter
of the Land Use Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on February 10, 2014, the City Council approved Resolution No.10, Series of 2014, requesting
code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code;
and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous
Supplemental Regulations, 26.104.100—Definitions, 26. 314 - Nonconformities; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Chapter 26.575020.D.3 — Miscellaneous Supplemental Regulations, Measuring Floor
Area, which section describes how to measure floor area of attic spaces and crawl spaces, shall
read as follows:
Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling
joists and roof rafters of a structure or between the ground and floor framing which is
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accessible only as a matter of necessity is exempt from the calculation of Floor Area as
described below. Drop ceilings are not included in the height measurement for crawl
spaces.
Crawl spaces that meet the following are exempt from Floor Area calculations:
1. 5 feet 6 inches or less in height measured between the hard floor structure and
floor framing; and
2. Accessible only through an interior floor hatch, exterior access panel, or similar
feature; and
3. Are the minimum height and size reasonably necessary for the mechanical
equipment.
Stacked crawl spaces do not qualify for the Floor Area exemption. Crawl spaces greater
than 5 feet 6 inches in height count toward Floor Area in accordance with Section
26.575.020.D.8 Subgrade areas.
Attic space that is conveniently accessible and is either habitable or can be made
habitable shall be counted in the calculation of Floor Area.
Areas of an attic level with thirty (30) vertical inches or less between the finished floor
level and the finished ceiling shall be exempt, regardless of how that space is accessed or
used.
If any portion of the attic or crawl space of a structure is to be counted, then the entire
room shall be included in the calculation of Floor Area.
Examples of attic and crawl spaces that do and do not count toward Floor Area:
a) An attic area created above a"hung" or"false" ceiling is exempt.
b) A crawl space that is 6 feet in height that is accessible only through an interior hatch
counts.
c) An attic area accessible only through an interior pull-down access ladder is exempt.
d) An unfinished attic space or an unfinished crawl space over 4 feet in height which has
convenient access is counted.
e) A crawl space that is 5 feet 6 inches in height, is accessible only through an interior
hatch and is a reasonable size to accommodate the mechanical equipment is exempt.
Section 2: Chapter 26.575020.D.4 — Miscellaneous Supplemental Regulations, Measuring Floor
Area, which section describes how to measure floor area for decks and similar features, shall
read as follows:
4. Decks Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non-Street-facing
porches. The calculation of the Floor Area of a building or a portion thereof shall not
include decks, balconies, trellis, exterior stairways, non-Street facing porches, gazebos
and similar features, unless the area of these features is greater than fifteen percent (15%)
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of the allowable floor area for the property and the use and density proposed, or as
otherwise exempted by this Section.
If the area of these features exceeds fifteen percent (15%) of the property's allowable
Floor Area (for that use and density proposed) only the areas in excess of the fifteen
percent (15%) shall be attributed towards the allowable Floor Area for the property. The
allowable Floor Area for the purpose of this calculation refers to the Floor Area
calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a site
specific approval, with the following exceptions: Floor Area bonus, or established or
extinguished Transferrable Development Right certificates are not included.
Decks, balconies, exterior stairways, trellis, and similar features of a mixed use,
commercial, or lodge building located within the Commercial Core (CC) Zone District,
Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Neighborhood
Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge
(CL) Zone District shall be exempt from Floor Area calculations.
The area of the following features count toward deck calculation: railing, permanently
fixed seating, permanently fixed grills, and similar permanently fixed features.
Permanent planter boxes and green roofs that are a minimum of 30" in height above or
below the deck surface, measured from the deck surface to the bottom of the planter box
or green roof surface, and that are permanently built into the structure of the roof or deck
are not included in the deck calculation. Permanent planter boxes and green roofs that do
not meet the minimum requirement count toward deck calculation.
Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt from
Floor Area calculations unless that area is used as a carport. (See provisions for garages
and carports, Subsection 7.) Enclosed and unconditioned areas beneath porches, gazebos,
and decks or balconies when those elements have a finished floor level within thirty (30)
inches of the surrounding finished grade shall be exempt from Floor Area calculations
regardless of how that area is used.
Section 3: Chapter 26.575020.D.6—Miscellaneous Supplemental Regulations, Measuring Floor
Area, which section describes how to measure floor area for patios and landscape terraces, shall
read as follows:
6. Patios. Patios developed at or within six inches of finished grade shall not be counted
towards Floor Area. These features may be covered by roof overhangs or similar
architectural projections of up to four feet, as measured from the face of the building,
and remain exempt from Floor Area calculations. When roof overhangs or similar
architectural projections exceed four feet, the entire feature counts toward Floor Area.
Section 4: Chapter 26.575020.D.8 —Miscellaneous Supplemental Regulations, Measuring Floor
Area, which section describes how to measure floor area for subgrade areas, shall read as
follows:
8. Subg�rade areas. Subgrade or partially subgrade levels of a structure are included in the
calculation of Floor Area based on the portion of the level exposed above grade.
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The percentage of the gross area of a partially subgrade level to be counted as Floor Area
shall be the surface area of the exterior walls exposed above the lower of natural and
finished grade divided by the total exterior wall area of that level. Subgrade stories with
no exposed exterior surface wall area shall be excluded from floor area calculations.
Example: If a the walls of a 2,000 square foot level are forty percent (40%)
exposed above the lower of natural or finished grade then forty percent (40%) of
that level, 800 square feet is counted as Floor Area.
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Exposed Percentage of exterior wall that's exposed equals
Area below more restrictive grade - the amount of subgrade area that will count
towards floor area calculation
Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area
For the purposes of this section, the exterior wall area to be measured shall be the interior
wall area projected outward and shall not include exterior wall areas adjacent to
foundation or floors of the structure. Floor structure does not include drop ceilings.
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Figure. 5- Meastuing the Area of a Subgrade Wall
When considering multi-level subgrade spaces, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the spaces
is less than 50% of the distance between the floor and ceiling of either space.
When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall
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Stairs
Space A and B are on the same level,
while Space A and C are on different levels.
Figure 6: Determining different building levels
area shall include the area within the gable of the roof.
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Area counts
towards wall
calculation
1.
Figure 7: Pitched roof with subgrade calculation
For garages that are part of a subgrade area, the garage exemption is taken from the total
gross below-grade area prior to calculating the subgrade exemption. For example, a 2,000
square foot story containing a 350 square foot garage which is 40% above grade, the
calculation shall be as follows:
Garage exemption — the first 250 square feet is exempt and the next 100 square feet
counts 50% or 50 square feet= 300 square feet of the garage which is exempt.
Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt
garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that
level which counts towards allowable Floor Area.
For subgrade spaces with adjoining crawl spaces exempt pursuant to Section
26.575.020.D.3, a line is drawn to separate the basement space from the crawl space for
the purposes of calculating the perimeter and gross area measurements. Exempt crawl
space is not included in the perimeter, wall area, and floor area measurements.
Section 5: Chapter 26.575020.D.14 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure and calculate floor area for nonunit space,
shall read as follows:
Allocation of Non-unit Space in a mixed-use building. In order to determine the total
floor area of individual uses in a mixed-use building, the floor area for non-unit space,
which is common to all uses on the property, shall be allocated on a proportionate basis
to the use categories outlined in the subject zone district's FAR schedule. To determine
the non-unit space allocation in a building, a calculation of the building's gross floor area,
which refers to the floor area of a building as calculated according to the Land Use Code
plus subgrade levels, is required. The building's gross floor area, minus all non-unit
space, shall be divided proportionately amongst the individual use categories in a
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building. These numbers shall then be calculated as a percent of the gross floor area
number.
Garages, including subgrade garages, and carports in mixed use buildings that contain
residential units are considered non-unit space.
When a feature is used exclusively by one use, the space shall be attributed to the floor
area for that use.
Gross floor area calculation:
For instance, if a building was comprised of the following square footages:
2,000 sq. ft. commercial floor area(including 500 sq. ft. basement)
+ 4,000 sq. ft. free-market residential floor area
+ 2,000 sq. ft. affordable housing floor area
+ 1,000 sq. ft. nonunit floor area(1,250 sq. ft.- 250 sq. ft. for exempt arg age)
9,000 sq. ft. gross floor area
Percentage of use category per building floor area:
Then the total unit floor area in the building, not including non-unit space, would be
eight thousand (8,000) square feet floor area (9,000 — 1,000). Using the allocation of
non-unit space standard, the uses account for the following percentages of the total
unit floor area:
Commercial floor area= 25% [(2,000/8,000) * 100]
Free-market residential floor area= 50% [(4,000/8,000) * 100]
Affordable housing floor area= 25% [(2,000/8,000) * 100]
Application of use percentages to non-unit floor area:
A proportionate share of the non-unit floor area shall then be allocated towards each use
category. Floor area exemptions that apply to non-unit space, for example a garage or
top level of a shared stairway tower, are deducted from the total non-unit floor area
before allocating to each use category. Subgrade levels that do not count toward floor
area shall not be included in the use category total when calculating floor area. This
provision shall apply to all zone districts permitting mixed-use buildings.
Therefore, the one thousand (1,000) square feet of non-unit space is allocated to the
different uses as follows:
Commercial floor area= 25% x 1,000 sq. ft. = 250 sq. ft.
Free-market residential floor area= 50% x 1,000 sq. ft. = 500 sq. ft.
Affordable housing floor area= 25% x 1,000 sq. ft. = 250 sq. ft.
The floor area for each use is as follows:
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Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. ft. exempt
basement) +250 sq. ft. = 1,750 sq. ft.
Free market residential floor area: 4,000 sq. ft. + 500 sq. ft. =4,500 sq. ft.
Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft.
Examples:
1. Circulation features, for example hallways, that are shared (used by multiple uses)
are considered non-unit space.
2. A shared elevator that serves all levels of a mixed use building (even if the top
level terminates within a residential unit) is considered non-unit space.
3. Circulation that is specific to a use, for example a private elevator that only serves
the residential component (i.e. it does NOT provide access to commercial levels),
is allocated to the floor area of the specific use and is not considered non-unit
space.
4. A stairway that is interior to a single unit, which for example connects a two level
commercial space, counts toward commercial floor area.
Section 6: Chapter 26.575020.E.5 — Miscellaneous Supplemental Regulations, Allowed
Projections into Setbacks, which section describes what features are permitted to extend into a
setback, shall read as follows:
5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below
ground except for the following allowed projections:
a) Above or below ground utilities including transformers and vaults, below-grade
heating or cooling conduit or infrastructure such as a ground-source heat pump
system, below-grade dry wells or other at-grade or below-grade drainage
infrastructure.
b) Trees and vegetation.
c) Artwork, sculpture, seasonal displays.
d) Flagpoles, mailboxes, address markers.
e) Foundation footers, soil nails or below-grade tiebacks, and similar improvements
necessary for the structural integrity of a building or other structures.
f) The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and
including any protective structure as may be required by the utility provider.
g) Building eaves, bay windows, window sills, and similar architectural projections up
to eighteen (18) inches as measured from the setback boundary.
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Section 7: Chapter 26.575020.F.2 — Miscellaneous Supplemental Regulations, Measuring
Building Heights, which section describes how to measure building heights shall read as follows:
2. For properties in all other Zone Districts, the height of the building shall be measured
according to the pitch of the roof as follows. See subsection 3, below, for measurement
method.
a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof
pitch of less than 3:12 shall be measured from the ground to the top-most portion of
the structure.
b) Roofs with a pitch from 3:12 to 7.•12. The height of a building with a roof pitch from
3:12 to 7:12 shall be measured from the ground to the point of the roof vertically
halfway between the eave point and the ridge. There shall be no limit on the height of
the ridge.
c) Roofs with a pitch greater than 7:12. The height of a building with a roof pitch
greater than 7:12 shall be measured from the ground to the point of the roof vertically
one-third (1/3) of the distance up from the eave point to the ridge. There shall be no
limit on the height of the ridge.
For roofs with multiple pitches within one vertical plane, the height of the roof shall
be measured by drawing a line within a vertical section between the ridge and the
Eave Point(s) and then applying the methodology for the resulting pitch of said line(s)
as described above.
d) For barrel-vault roofs, height shall be measured by drawing a line within a vertical
section between the top-most point of the roof and the Eave Point(s) and then
applying the methodology for the resulting pitch of said line(s) as described above.
e) For "shed" roofs with a single-pitch, the methodology for measuring shall be the
same as described above according to the slope of the roof and by using the highest
point of the roof as the ridge.
f) For mansard roofs, height shall be measured to the flat roof as described above.
g) Dormers shall be excluded from the calculation of height if the footprint of the
dormer is 50% or less of the roof plane on which the dormer is located and the ridge
of the dormer is not higher than the ridge of the roof on which it is located. If there
are multiple dormers on one roof plane, the aggregate footprint shall be used.
Otherwise, dormers shall be included in the measurement of height according to the
methods described above.
h) Butterfly roofs shall be measured in accordance with shed roof methodology.
Section 8: Chapter 26.575020.F.4 — Miscellaneous Supplemental Regulations, Allowed
Exceptions to Height, which section describes how to measure building heights shall read as
follows:
1. Allowed Exceptions to Height Limitations.
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a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar
venting apparatus may extend no more than ten (10) feet above the height of the
building at the point the device connects. For roofs with a pitch of 8:12 or greater,
these elements may not extend above the highest ridge of the structure by more than
required by adopted building codes or as otherwise approved by the Chief Building
Official to accommodate safe venting. To qualify for this exception, the footprint of
these features must be the minimum reasonably necessary for its function the features
must be combined to the greatest extent practical. Appurtenances such as hoods,
caps, shields, coverings, spark arrestors, and similar functional devices or ornamental
do-dads shall be contained within the limitations of this height exception.
On structures other than a single-family or duplex residential building or an accessory
building, all Chimneys, flues, vents, and similar venting apparatus should be set back
from any Street facing facade of the building a minimum of twenty (20) feet and the
footprint should be minimized and combined to the greatest extent practicable.
b) Communications Equipment. Antennas, satellite dishes, and similar communications
equipment and devices shall comply with the limitations of Section 26.575.130 —
Wireless Telecommunication Services Facilities and Equipment.
c) Elevator and Stair Enclosures. On structures other than a single-family or duplex
residential building or an accessory building, elevator overrun enclosures and stair
enclosures may extend up to five (5) feet above the specified maximum height limit.
Elevator and stair enclosures may extend up to ten (10) feet above the specified
maximum height limit if set back from any Street facing facade of the building a
minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are
minimized and combined to the greatest extent practicable.
For single-family and duplex residential buildings and for accessory buildings,
elevator and stair enclosures are not allowed a height exception.
d) Rooftop Railings. On any structure other than a single-family or duplex residential
building, rooftop railings and similar safety devices permitting rooftop access may
extend up to five (5) feet above the height of the building at the point the railing
connects. To qualify for this exception, the railing must be the minimum reasonably
necessary to provide adequate safety and building code compliance and the railing
must be 50% or more transparent. All railings shall be set back from any Street facing
facade of the building by an amount equal to the height of the railing.
For single-family and duplex residential buildings, rooftop railings shall not be
allowed a height exception.
e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and
similar mechanical equipment or utility apparatus located on top of a building may
extend up to six (6) feet above height of the building at the point the equipment is
attached. This allowance is inclusive of any pad the equipment is placed on, as well
as any screening. Mechanical equipment shall be screened, combined, and co-located
to the greatest extent practicable. On structures other than a single-family or duplex
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residential building or an accessory building, all mechanical equipment shall be set
back from any Street facing facade of the building a minimum of fifteen (15) feet.
fi Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy
efficiency systems or renewable energy production systems and equipment including
solar panels, wind turbines, or similar systems and the system's associated equipment
which is located on top of a building may extend up to five (5) feet above the height
of the building at the point the equipment is attached.
On any structure other than a single-family or duplex residential building or an
accessory building, these systems may extend up to ten (10) feet above height of the
building at the point the equipment is attached if set back from any Street facing
facade of the building a minimum of twenty (20) feet and the footprint of the
equipment is minimized and combined to the greatest extent practicable. Certain
additional restrictions may apply pursuant to Chapter 26.412, Commercial Design
Review.
The height and placement of energy efficiency or production systems which are not
located on top of a building (located independent of a building) shall be established
by the Planning and Zoning Commission pursuant to the procedures and criteria of
Chapter 26.430— Special Review. (Also see setback requirements for these systems at
sub-section E.5.)
g) Church spires, bell towers and like architectural projections on Arts, Cultural and
Civic buildings may extend over the height limit as may be approved pursuant to
Commercial Design Review.
h) Flag poles may extend over the specified maximum height limit.
i) Exceptions for buildings on slopes. For properties with a slope that declines from the
front lot line, the maximum height of a building's front (street-facing) facade may
extend horizontally for the first thirty (30) feet of the building's depth.
j) Exceptions for light wells and basement stairwells. A basement stairwell required by
Building Code for egress shall not be counted towards maximum permissible height.
On street facing facades the minimum size lightwell entirely recessed behind the
vertical plane established by the portion of the building fa�ade(s) closest to any
Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor
level (e.g. not a walk-out style light well) shall not be counted towards maximum
permissible height. On non-street facing facades a lightwell that is no more than one
hundred (100) square feet shall not be counted towards maximum permissible height.
The Historic Preservation Commission is authorized to grant an exception to height
for lightwells larger than one hundred (100) square feet on historic landmark
properties that contain a historic resource upon a finding that the following conditions
are met:
a. Lightwell is not easily visible from the right of way.
b. Approval of the exemption supports the preservation of the historic resource.
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k) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet
bars, built-in barbeque grills, cabinets, sinks, firepits, pools, hot tubs, etc. shall be
permanently installed and shall meet the following height and setback requirements to
qualify for a height exemption. This only applies to a mixed use, lodge, or
commercial building located in the Commercial Core (CC) Zone District, Mixed Use
(MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone
District, the Neighborhood Commercial (NC) Zone District, or the Commercial
Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet
above height of the building at the point the equipment is attached to the roof. This
allowance is inclusive of any pad the equipment is placed on. A trellis with a
maximum height of ten (10) feet and a maximum floor area of no more than 5% of
the useable deck area is permitted. All permanent rooftop amenities shall be set back
from any Street facing fagade of the building by a minimum of ten (10) feet.
l) Exceptions for skylight and light tubes A skylight or light tube typical of industry
standards and meeting minimum Building Code standards shall not be counted
towards maximum permissible height.
Section 9: Chapter 26.575020.I and J— Miscellaneous Supplemental Regulations, Measurement
of Net Leasable Commercial Space and Measurement of Net Livable Area, which sections
describes how to measure net leasable commercial space and how to measure net livable area,
shall read as follows:
I. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable
area and net livable area shall include all interior space of a building measured from interior wall
to interior wall, including interior partitions. Net leasable area includes all interior areas which
can be leased to an individual tenant with the exceptions noted below. Net livable area includes
those areas of a building that are used or intended to be used for habitation with the exceptions
noted below. Garages and carports are exempt from net leasable area and net livable area
calculations.
1. Permanently installed interior airlock spaces are exempt from the calculation of net
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more
than 10 square feet, installed on the exterior of a building, shall be considered net leasable
area and shall be subject to all requirements of the Land Use Code, including employee
mitigation, prorated according to the portion of the year in which it is installed.
2. Unless specifically exempted through other provisions of this Title, outdoor displays,
outdoor vending, and similar commercial activities located outside (not within a building)
shall also be included in the calculation of net leasable area. The calculation of such area
shall be the maximum footprint of the display or vending apparatus. For vending carts or
similar commercial activities requiring an attendant, the calculation shall also include a
reasonable amount of space for the attendant. Exterior decks and exterior seating are not
included in the calculation of net leasable area. Vending machines shall not be considered net
leasable area.
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The calculation of net leasable area and net livable area shall exclude areas of a building that are
integral to the basic physical function of the building. All other areas are attributed to the
measurement of net leasable commercial space or net livable area. When calculating interior
stairways or elevators, the top most interior level served by the stairway or elevator is exempt
from net livable or net leasable area calculations.
Shared areas that count toward net leasable area and net livable area shall be allocated on a
proportionate basis of the use category using the percentages that are generated pursuant to
Section 26.575.020.D.14 Allocation of non-unit space in a mixed use building.
Examples:
1. A broom closet of a minimum size to reasonably accommodate the storage of janitorial
supplies for the entire building is considered integral to the physical function of the
building and does not count toward net leasable area.
2. A shared commercial storage area that is larger than needed for the basic functionality
of the building counts toward net leasable area because it is useable by the businesses.
3. A shared stairway and a shared circulation corridor (that access more than one use) are
integral to the physical function of the building and do not count in the measurement
of net livable area or net leasable area.
4. A stairway that is entirely within one residential unit counts toward the measurement
of net livable area.
5. A private elevator that serves more than one residential unit, and does not provide
access to other uses, does not count toward the measurement of net livable area.
6. A private elevator that serves only one residential unit, and does not provide access to
other uses, counts toward the measurement of net livable area.
7. A shared mechanical room that is larger than the minimum space required to
reasonably accommodate the mechanical equipment counts toward the measurement
of net livable area or net leasable area as applicable. The area of the mechanical
room that is the minimum size required for the mechanical equipment does not count
in net livable area or net leasable area.
Section 10: Chapter 26.575.050 — Miscellaneous Supplemental Regulations, Fences, which
sections describes regulations for fences, shall read as follows:
26.575.050 Fence Materials
Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet
above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter
26.410), Historic Preservation Design Guidelines (see Chapter 26.415), the Commercial Design
Standards (see Chapter 26.412), Calculations and Measurements — setbacks (see Chapter
26.575.020.5), or the Engineering Design Standards (see landscaping). Fences visible from the
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public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or
masonry. Chain link, plastic, vinyl or synthetic fences are prohibited.
Section 11: Chapter 26.575.060 Reserved, shall be changed to Driveways, and shall read as
follows:
26.575.060 Driveways
Driveways are not permitted to be gated.
Section 12: Chapter 26.104.100 —Definitions, which sections defines specific terms in the Land
Use Code, shall add a definition of"trellis" and add a definition of"gross floor_area",_and shall
omit "landscape terrace" as a definition, and shall change the definition of "patio", "non-unit
space", and "net leasable commercial space" as follows:
Trellis. An uninsulated, unheated stand-alone structure of open latticework for the purpose of
supporting vines or other climbing plants. A roof that is no more than 50% solid material for
shade is permitted. Walls of any material are prohibited.
Gross floor area. For the purposes of calculating non-unit space, gross floor area is the total
floor area considering all inclusions and exclusions as calculated herein plus gross area of all
subgrade levels measured from interior wall to interior wall.
Net leasable area. Areas within a commercial or mixed use building which are permitted to be
leased to a tenant and occupied for commercial or office purposes. This also includes
commercial areas within a lodge that are open to the general public. (Also see Section
26.575.020—Calculations and Measurements.)
Non-unit space. The floor area, considering all inclusions and exclusions as calculated herein,
within a lodge, hotel or mixed use building that is commonly shared. (Also see Section
26.575.020—Calculations and Measurements.)
Patio. An outdoor uncovered, at-grade space which may be paved or unpaved. (A "covered
patio" not connected to any other building is considered a Gazebo.)
Commercial use. Land, structure, or portion of a structure intended to support offices, retail,
warehousing, manufacturing, commercial recreation, restaurant/bar or service oriented
businesses, not including lodge units or hotel units.
Section 13: Chapter 26.312.020 — Nonconformities, which section explains prohibited changes
to nonconforming uses, shall be changed to specific the following:
C. Extensions/expansions. Nonconforming uses shall not be extended or expanded. This
prohibition shall be construed so as to prevent:
1. Enlargement of nonconforming use by increasing the net leasable area, the net livable
area of a dwelling unit, or the area within a structure in which such nonconforming use is
located; or
Code Amendment—Misc. Calculations&Measurements
Ordinance 7, Series of 2014
4/28/14
Page 14 of 15
2. Occupancy of additional lands; or,
3. Increasing the size, considering all dimensions, of a structure in which a nonconforming
use is located.
Section 14: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 15: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this-ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 16: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 17:
A public hearing on this ordinance was held on the 28`h day of April, 2014 at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 10`h day of March, 2014.
Atte
Kathryn S. ch, City Clerk Steven kadro ,Mayor
FINALLY, adopted, passed and approved this 281h day of April, 2014.
1
Attes f
athryn S. K , C Steven Skadr n,Mayor
Approved as to form:
ty Attorney
Code Amendment—Misc. Calculations&Measurements
Ordinance 7, Series of 2014
4/28/14
Page 15 of 15
Ad Name: 10010633A LEGAL NOTICE
Customer: Aspen (LEGALS) City of ORDINANCE 7,2014 PUBLIC HEARING
Ordinance#7,Series of 2014 was adopted on
Your account number: 1013028 first reading the City Council meeting March
10,2014. This ordinance,if adopted,will ap-
prove a miscellaneous land use code amend-
ments. The public hearing on this ordinance is
scheduled for March 24,2014 at 5:00 p.m.City
PROOF OF PUBLICATION Hall,130 South Galena.
To see the entire text,go to the city's legal no-
tice website
http://www.aspenpitkin.corTVDepartments/Clerk/L
egal-Notices/
IF you would like a copy FAXed or e-mailed to
you,call the city clerk's office,429-2687.
TBS A2:1 TIMS1 Published in the Aspen Times Weekly on March
13,2014. [10010633]
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan,do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein; that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 3/13/2014 and that the last publication of
said notice was in the issue of said newspaper dated
3/13/2014.
In witness whereof,I have here unto set my hand
this 03/24/2014.
Jim Morgan,Genera Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 03/24/2014.
(�"6- 9 J
Pamela J.Schultz,Notary Public
Commission expires:November 1,2015
'FLY P
;PAMELA J.
SCHULTZ
CO�
MY Commission Expires 11101n015