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AGENDA
CITY COUNCIL REGULAR MEETING
June 14, 2022
5:00 PM, City Council Chambers
427 Rio Grande Place
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I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
III.A.Historic Preservation Awards
IV.CITIZENS COMMENTS & PETITIONS
(Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please
limit your comments to 3 minutes)
V.SPECIAL ORDERS OF THE DAY
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI.CONSENT CALENDAR
(These matters may be adopted together by a single motion)
VI.A.Resolution #070, Series of 2022 - Contract with Push Pedal Pull for New Cardio
Equipment
1
2
VI.B.Resolution #071, Series of 2022 - Contract with Elam for Cozy Point Ranch Grading
and Drainage Project
VI.C.Resolution #072, Series of 2022 - Approving a Management Agreement between
the Aspen/Pitkin County Housing Authority (APCHA) and the City of Aspen to
Manage Truscott Phase II LLLP
VI.D.Resolution #076, Series of 2022- Tymco DST6 Street Sweeper Replacement
VI.E.Draft Minutes of May 17th, 2022
VII.NOTICE OF CALL-UP
VIII.FIRST READING OF ORDINANCES
VIII.A.Ordinance #13, Series of 2022 - Residential Building - Response to Moratorium
VIII.B.Ordinance #14, Series of 2022 - Annual Update to Affordable Housing Fee-in-Lieu -
(Note: Memo and Exhibit are included with Ordinance #13, Series of 2022)
IX.PUBLIC HEARINGS
X.ACTION ITEMS
XI.ADJOURNMENT
2
MEMORANDUM
TO:Mayor and City Council
FROM: Erin Hutchings, Operations Manager for the ARC
THROUGH: Diane Foster, Assistant City Manager
MEMO DATE:June 7, /2022
MEETING DATE:June 14, 2022
RE:Resolution 070
REQUEST OF COUNCIL: Approval of Resolution #070 Cardio Equipment Replacement
for the Aspen Recreation Center.
SUMMARY AND BACKGROUND:
The Aspen Recreation Center cardio room consists of bikes, ellipticals, a rowing
machine, treadmills, and a stair master. The belts and motors wear over time and
disrupt service to the membership. The Aspen Recreation Center replaces the cardio
equipment every five to seven years. The replacement is necessary because of the
commercial use of the equipment.
DISCUSSION:
Presently, the bikes, ellipticals, stair master, and treadmills are showing signs of wear
and tear. Continually repairing the equipment is costly and creates tension with the
membership. A couple of machines have been offline, repeatedly disrupting use.
FINANCIAL IMPACTS:
The equipment replacement is part of the Capital Asset Program and is funded for
$80,000 in 2022.
The project is funding in the capital asset program from the general fund. Project
titled Fitness and Weight Equipment #51461
The selected vendor bid under $80,000 and no additional funds are necessary for
this project.
ENVIRONMENTAL IMPACTS:
ALTERNATIVES:The Aspen Recreation Center could use current equipment until total
failure. Service disruptions could lead to membership attrition.
RECOMMENDATIONS:Approve Resolution #070
CITY MANAGER COMMENTS:
3
Attachment A: List of Equipment
Attachment B: Service Agreement
Attachment C Resolution
Attachment D Supply Procurement Agreement
4
RESOLUTION #070
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND PUSH PEDAL PULL AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Cardio Equipment Replacement, between the City of Aspen and Push Pedal Pull, a
true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Cardio Equipment Replacement, between the City of Aspen and Push Pedal
Pull, a copy of which is annexed hereto and incorporated herein and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 14
th day of June 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, June 14, 2022.
Nicole Henning, City Clerk
5
CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Project No.: 2022-050
AGREEMENT made as of 10 day of May, in the year 2022.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Cory vander Veen
427 Rio Grande Place
Aspen, Colorado 81611
And the Vendor:
Push Pedal Pull
c/o Gloria Cornyn
6850 N Broadway, Units C & D
Denver CO 80221
Cell / Text: (720) 347-7253
gcornyn@pushpedalpull.com
Summary Description of Items to be Purchased:
Cardio equipment for Recreation Department
Exhibits appended and made a part of this Agreement:
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: May 2022
Resolution No.:TBA
Exhibit A: List of supplies, equipment, or materials to be purchased.
Total: $65,772.09
Annual Maintenance $3,600
2023-2027 fee shall not surpass 5% increase for
maintenance.
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The City and Vendor agree as set forth below.
1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for the sum
set forth hereinabove.
2. Delivery. (FOB 0861 Maroon Creek Rd, Aspen, CO 81611) [Delivery Address]
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereb y made a part of
this Agreement as if fully set out at length herein.
4. Warranties. attached
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties, except to parties to whom Vendor or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Vendor
because of any breach hereof or because of any of the terms, cove nants, agreements or
conditions herein contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
8. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
9. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney’s fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
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11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event
that Vendor or any lower tier participant was unable to certify to the statement, an explanation
was attached to the Bid and was determined by the City to be satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A) Vendor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Vendor for the purpose of
securing business.
(B) Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(C) Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(D) In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
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14. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City using state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining
to nondiscrimination in employment. Vendor further agrees to comply with the letter and the
spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and
federal laws respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
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IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein, of which, to all intents and purposes, shall be
considered as the original.
FOR THE CITY OF ASPEN:
By: __ _________________________
Aspen City Manager
_______________________________
Date
Approved as to form:
_______________________________
City Attorney’s Office
SUPPLIER:
___________________________
By:________________________________
___________________________________
Title
___________________________________
Date
DocuSign Envelope ID: 3FE4307B-842A-47A6-B90B-CB24562C286D
5/10/2022 | 2:12:18 PM MDT
Gloria Cornyn
Commercial Sales
10
Company: Aspen Recreation Center Contact:Erin Hutchings Account # 0002081
Address: 0861 Maroon Creek Rd.State: CO Zip: 81611
Email: erin.hutchings@cityaspen.com
Equipment Location:
Treadmills/ AMT 5 Quantity Precor TRM885 (4), AMT 12 (1)Make/ Model
Stair Climbers 1 Quantity Stairmaster Gauntlet TSE-1 Make/ Model
Bikes 3 Quantity Precor UBK885 (2), RBK885 (1)Make/ Model
Spin Bikes Quantity Make/ Model
Ellipticals 4 Quantity Precor EFX885 (3), EFX883 (1)Make/ Model
Wt. Machines 10 Quantity Precor Disc. Leg Ext, Chest, Shoulder, Lat, Leg Curl, I/O Thigh, Chin/Dip, FTS - FM Gen2 Cable Cross - Para Adj Dual Pulley Make/ Model
Misc. A 10 Quantity Precor Disc. Pwr Rack x2, Leg Press, Decline Bench, Multi Bench x2, Arm Curl, Back Ext, Flat Bench - Body Craft Jones Rack Make/ Model
Rowers 1 Quantity Concept 2 Model E Make/ Model
Check One $900.00
Receive An Invoice Per Visit X $3,600.00
Receive A Yearly Invoice
Annual Total:
$10.00 Per Hour Discount on Labor for Service Calls
IMPORTANT: SEE INSPECTION DETAIL
50% Discount off Service Call ($45 maximum discount)
City: Aspen
Preventive Maintenance Agreement
6850 N. Broadway Suite D Denver, CO 80221
303-363-8965- Phone 303-364-3410 - Fax
10% Discount off all Precor Parts
SERVICE DISCOUNTS:
(Customer's Signature and Date Signed)
(Customer's Purchase Order - If Required)
(Manager's Signature and Date)
72 Hour Response Time Guaranteed
Service Inspection Options- BI-ANNUALLY: ______ TRI-ANNUALLY: ______ QUARTERLY: ___X___ MONTHLY: ______
Phone: 970-544-4104
Check One Payment Option:
Per Visit Total:
PMA Pricing:
Term of Agreement: FROM: 1/1/22 TO: 12/31/22
mmartin@pushpedalpull.com
Covered Equipment
Fax:970-544-4137
Service LocationPreventative Maintenance Agreement
9/20/21
DocuSign Envelope ID: 3FE4307B-842A-47A6-B90B-CB24562C286D
11
TREADMILLS BIKES
Inspect display and housing for cracks and defects
Inspect motor cover for cracks and defects Inspect frame covers for cracks, missing parts, wear
Inspect running belt and deck for wear Inspect belts and adjust as needed
Wax deck and reset wax schedule, if applicable Inspect chains and lubricate as needed
Track running belt Inspect and clean alternator brushes and commutator, as needed
Inspect end caps for cracks and defects Inspect seat assembly and pads for wear, defects, tears
Inspect treadmill for leveling Test seat adjustment for proper functioning
Inspect stop key for proper operation Inspect display for proper functioning, wear, defects
Systems check, speed, elevation, heartrate Inspect pedals for proper functioning, wear, defects
Calibrate treadmill, if applicable Inspect crank assembly for tension, bearing play, defects
Inspect DC motor brucher for wear and seating, as needed Test for proper resistance levels
Inspect alignment of drive pulleys Test overall functioning
Vacuum under hood around motor and MCB Record all problems and defects observed
Test overall functioning Record all information necessary for repair or parts ordering
Record all problems and defects observed
Record all information necessary for repair or parts ordering WEIGHT MACHINES
Inspect pads and upholstery for excessive wear, defects
ELLIPTICALS Inspect and lubricate guide rods for smooth operation
Inspect ramps & clean for excessive wear and scars Inspect snap hooks, weight stack selector pins, pull pins,
Inspect wheels for bearing failure and proper spinning movement swivels, and links for excessive wear, defects
Inspect pedal arms for proper movement Inspect cables and/or belts for excessive wear, defects
Inspect pedal arm to pivot arm connection for worn bushings, loose bolts Inspect cable ends for excessive wear, defects, if applicable
Inspect crank arm to pivot arm for worn shafts, bushings Inspect belt brackets and tighten, if necessary, if applicable
Inspect crank arm to flywheel for worn shafts and bushings Test tension and alignment of cables and/or belts, adjust if needed
Inspect covers for mounting bolts and cracks Inspect accessory handles, bars for proper functioning, defects
Inspect upper arms for loose mounting Inspect frame hardware for defects, tighten if needed
Inspect display for proper function and cracked or defective faceplates Lubricate bushings
Lubricate pivot points and bearings, as needed Test overall functioning
Test overall functioning Record all problems and defects observed
Record all problems and defects observed Record all information necessary for repair or parts ordering
Record all information necessary for repair or parts ordering
CLIMBERS
OTHER
Test overall functioning Inspect frame covers for cracks, missing parts, wear
Record all problems and defects observed Inspect display and housing for cracks and defects
Record all information necessary for repair or parts ordering Inspect pedal arms and pedal for proper functioning,
Complete cleaning inside and out of all machines excessive wear, worn bushings, and defects
Lubricate chains, as needed
Test overall functioning
Record all problems and defects observed
Record all information necessary for repair or parts ordering
MAINTENANCE INSPECTION DETAIL
..
DocuSign Envelope ID: 3FE4307B-842A-47A6-B90B-CB24562C286D
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DocuSign Envelope ID: 3FE4307B-842A-47A6-B90B-CB24562C286D
13
MAINTENANCE INSPECTION DETAIL
DocuSign Envelope ID: 3FE4307B-842A-47A6-B90B-CB24562C286D
14
PUSH PEDAL PULL
303-363-8965 ext. 2
6850 N Broadway, Units C & D
Denver CO 80221
Purchase Recommendation
Quote Date
01/07/2022
Quote #
73120
Billing Address
ASPEN REC CENTER
ATTN: ACCOUNTS PAYABLE
0861 MAROON CREEK ROAD
ASPEN CO 81611
Shipping Address
ASPEN REC CENTER
Erin Hutchings / 970-429-2083
0861 MAROON CREEK ROAD
ASPEN CO 81611
gcornyn@pushpedalpull.com
Customer Email
ERIN.HUTCHINGS@CITYOFASPEN.COM
Account No.
0002081 ASPEN REC CENTER
Prepared by:Gloria Cornyn
(720) 347-7253
Print Signature:P.O. Number:
Authorized Signature:
Subtotal $:65,772.09
Total $:65,772.09
Acceptance of Proposal:
These prices, specifications, and conditions are satisfactory and are
hereby accepted. I am authorized to order the equipment listed with
full understanding of the payment terms.
Push Pedal Pull will not accept credit card payment for invoices of
more than $20,000.
Date:
Standard Terms and Conditions:
1) 50% deposit and approve P.O. with order. Balance due upon delivery.
Send Payment To:
2306 W 41st St.
Sioux Falls, SD 57105
2) Additional delivery fees may apply for additional trips.
3) Prices are subject to change 14 days after the quote date.
4) There will be a 2% monthly service charge on all overdue accounts. Buyer is
also responsible for any collection and/or legal fees involved in collecting past
due accounts.
5) The quote is computed to be performed during regular business
hours. Any special request by the buyer necessary to complete work will be
paid by the buyer.
6) Clerical errors are subject to correction.
7) Buyer agrees to promptly file claim for all goods damaged in transit.
8) We have a 30-day limited exchange policy with the exception of damaged or
defective goods. This policy excludes exchanges on special orders and
accessories. Merchandise must be in “like new” condition.
Due to Covid19, we have been experiencing delayed lead times on various products for up to 20 weeks. See your local P3
representative for any updated changes. We apologize in advance for any inconvenience this may cause.
Sales Tax $:0.00
Cell / Text:
9) There will be a 20% restocking fee on merchandise cancellations or returns.
Delivery, Set-Up and Freight will not be refunded.
Item #
74235
9995
73061
73065
73066
9901
9977
9938
MFR
Core Health
PRECOR
PRECOR
PRECOR
MODEL
9-5295-10...
PHRCT88...
PHRCB88...
PHRCB88...
FC
DEL
TR
Description
10 SERIES 10G GAUNTLET W/15“
ATSC EMBEDD
SOURCEWELL CONTRACT FOR
PRECOR ITEMS
TRM 885.V2 TREADMILL
EXPERIENCE SERIES - P82 (BLACK
PEARL) C/SN: AXKR
RBK 885 RECUMBENT BIKE
EXPERIENCE SERIES - P82 (BLACK
PEARL) C/SN: AC85
UBK 885 UPRIGHT BIKE
EXPERIENCE SERIES - P82 (BLACK
PEARL) C/SN: AC85
FREIGHT COMMERCIAL
DELIVERY/INSTALLATION
TRADE in 4 treads, 1 stepmill, 1 rec 2
upright
Color Qty
1
4
2
2
1
1
1
MSRP Price
9,513.33
9,178.67
5,074.67
4,747.37
2,100.00
3,000.00
-5,200.00
Extended
9,513.33
36,714.68
10,149.34
9,494.74
2,100.00
3,000.00
-5,200.00
DocuSign Envelope ID: 3FE4307B-842A-47A6-B90B-CB24562C286D
15
MEMORANDUM
TO:Mayor and City Council
FROM:Mike Tunte, Landscape Architect and Construction Manager
THROUGH:Matt Kuhn, Parks and Open Space Director
MEETING DATE:June 14, 2022
RE:Resolution #071 Series 2022 - Contract for the procurement of construction
materials for use on the Cozy Point Ranch grading and drainage project.
REQUEST OF COUNCIL:
The Parks and Open Space Department is seeking Council approval of a contract with Elam for road
base, screened rock, and crushed asphalt.
SUMMARY / BACKGROUND:
The Parks and Open Space construction team continues to implement the grading and drainage
improvements at Cozy Point Ranch. Procurement of site construction materials is required to ensure
timely completion of Phase 1 of the improvements.
DISCUSSION:
Phase 1 improvements at Cozy Point Ranch include the two primary entries off Juniper Hill Road and the
upper and lower parking areas. Elam is the only vendor of the required materials in the upper valley.
Procurement of these materials from other sources adds significant trucking costs and transit times.
Elam has supplied the City of Aspen with satisfactory construction material for years and their unit
prices are aligned with market rate pricing.
FINANCIAL/BUDGET IMPACTS:
The contract amount of $75,000 is included in the 2022 Parks Fund (100) Capital Project Budget, as
project 51350 Cozy Point Ranch Improvements, and based on estimated material quantities. The supply
procurement includes fixed rates and quantities of materials however, the City of Aspen is not
contractually obligated to purchase all the quantities.
ENVIRONMENTAL IMPACTS:
The use of recycled material, such as crushed asphalt, represents a lower environmental impact than
first use material.
ALTERNATIVES
Council can request an alternative bid approach.
16
STAFF RECOMMENDATIONS:
Parks and Open Space staff recommend approval of the contract with Elam for road base, screened
rock, and crushed asphalt.
CITY MANAGER COMMENTS:
17
RESOLUTION #071
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ELAM, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
procurement of construction materials for use on the Cozy Point Ranch grading
and drainage project, between the City of Aspen and Elam, a true and accurate
copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for the procurement of construction materials for use on the Cozy Point Ranch
grading and drainage project, between the City of Aspen and Elam, a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 14
th day of June 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, June 14, 2022.
Nicole Henning, City Clerk
18
CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Project No.: 51340. 2022-210
AGREEMENT made as of 25th day of April, in the year 2022
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Mike Tunte
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Vendor:
Elam
c/o
Chris Birdsong
556 Struthers Avenue
Grand Junction, CO 81501
970.242.5370
Summary Description of Items to be Purchased:
Roadbase, screened rock and crushed asphalt material for construction of parking areas and
subbase preparation. Rates and quantity of materials are fixed, however City of Aspen is not
contractually obligated to purchase all quantities.
Exhibits appended and made a part of this Agreement:
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: ___________________________
Resolution No.:___________________
Exhibit A: List of materials to be purchased.
Total: $75,000
Shall not exceed this amount
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The City and Vendor agree as set forth below.
1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for the sum
set forth hereinabove.
2. Delivery. (Materials will be picked up at Elam’s quarry)
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereb y made a part of
this Agreement as if fully set out at length herein.
4. Warranties. Material meets industry standards
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party o r parties, except to parties to whom Vendor or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Vendor
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
8. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
9. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney’s fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
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presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event
that Vendor or any lower tier participant was unable to certify to the statement, an explanation
was attached to the Bid and was determined by the City to be satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A) Vendor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Vendor for the purpose of
securing business.
(B) Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(C) Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(D) In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
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and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
14. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City using state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origi n, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining
to nondiscrimination in employment. Vendor further agrees to comply with the letter and the
spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and
federal laws respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement o n
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
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paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein, of which, to all intents and purposes, shall be
considered as the original.
FOR THE CITY OF ASPEN:
By: __ _________________________
Aspen City Manager
_______________________________
Date
Approved as to form:
_______________________________
City Attorney’s Office
SUPPLIER:
___________________________
By:________________________________
___________________________________
Title
___________________________________
Date
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Colorado Sales Manager
Chris Birdsong
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Page 1 of 2 Colorado Companies Vagneur
Materials Price Quote
Date:Project Number: 201.71954
Customer: City Of Aspen Customer Number: 12867
Contact: Michael Tunte
Project Name: City of Aspen As
Needed 2022
Project Bid Date: 04/20/2022
Project Address: 210 Juniper Hill Road
Aspen Colorado 81611
County: Pitkin County
Customer PO Number:
Site Code Material Tons*Material
Price*
Vagneur 41-04007 3/4" Roadbase 2,165 $18.00
Vagneur 31-05010 3/4" Minus Screened Rock 300 $19.00
Vagneur 72-00117 Black Base 1,215 $16.25
* All unit / material quoted prices do not include taxes, these will be the responsibility of the customer to apply the appropriate tax rates as needed.
Customer Notes: $5.00 per load Environmental Fee will apply to invoice. Prices reflected are
good through December 31st, 2022.
Quote Effective Date: 04/20/2022 Expiration Date: 07/19/2022 Customer Acceptance
Sales Rep: Chris Birdsong Signed:
Signed:Date:
Date:Project Start Date:
1. Per load environmental fee applies to all outgoing aggregate sales unless otherwise specified
2. As of Jan. 1st 2020 please anticipate, at a minimum, an additional 5% increase in prices per ton per calendar year moving forward.
3. Safety is a high priority for Colorado Companies. The customer and all related parties will abide by Colorado Companies safety rules and all other
policies.
4. All prices are FOB pit, loaded and scaled, unless otherwise specified.
5. All quantities are estimates only, buyer is responsible for actual amounts.
6. Quoted price is for minimum and/or greater than quantities listed. If quantity ordered by buyer is less than quoted quantity for any item listed herein,
quoted price is subject to increase.
7. Buyer will provide a minimum 60 day notice prior to material sale.
8. Prices quoted are for the above referenced project only. Prices are good for thirty (30) calendar days from the quote date and through Expiration Date, if
the quote is accepted.
9. Prices subject to applicable sales, use, or excise taxes. Applicable taxes will be charged unless Buyer supplies a valid Tax Exempt Certificate.
10. All loads delivered include 15 minutes unload time in the delivery fee. The unload time commences at the arrival time. Exceeding this unload time will
result in an additional fee. The fee will be charged in 15 minute increments and be based on the current truck time rate as posted. At the time of this quote,
the posted truck time rate is $ 110.00 per hour.
EXHIBIT A
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Page 2 of 2 Colorado Companies Vagneur
11. Prices quoted are for products delivered during normal scheduled delivery hours. Normal scheduled delivery hours are Monday thru Friday and vary by
location, please verify with your area salesperson. Products delivered outside normal scheduled delivery hours will incur additional fee(s). Our office hours
are from 8:00 AM to 5:00 PM, Monday thru Friday. Deliveries requiring special loading or preloading will incur additional fee based on customer needs.
12. Deliveries will be scheduled to meet Buyer's schedule when possible; all delivery times must be agreed to by Seller (areas specific).
13. Buyer is responsible to provide access for the delivery of products under the delivery vehicle's own power. The use of heavy equipment to propel
delivery vehicle(s) in any way through inaccessible areas will not be permitted. In the event a tow truck is needed to retrieve delivery vehicle(s) due to poor
access, the Buyer will be billed for the towing cost and delivery vehicle's time related to the recovery and delivery.
14. Deliveries prices are based on one delivery address and one unloading time. Additional locations or special unloading requirements will be billed the
above quoted hourly truck rate from the original arrival time.
15. Seller reserves the right to refuse any order based on a quotation containing a gross error.
16. If you do not have an established account with Colorado Companies then you will be considered a "Cash Customer", with payment due prior to product
sale. If you desire a charge account with Colorado Companies then you must complete a credit application and satisfy our underwriting requirements in
order to establish an account. Once a charge account is established you are subject to our standard "Terms and Conditions", unless otherwise stated in our
"Project Quotation".
17. All Charge Accounts are due and payable 30 days after the date of the invoice. Any account not following the aforementioned payment terms are
deemed to be past due. All Past Due Accounts are subject to interest at the rate of 1 ½ percent per month (18% Per Annum) applied to the principal
monthly, plus any cost of collection, including, but not limited to, reasonable attorney's fees. All checks returned to the company shall be treated as a past
due account and shall also fall under the requirements of Section 13-21-109, of the Colorado Revised Statutes.
18. Sales tax rate is estimated – customer is responsible to determine and pay actual tax rate for their project area.
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Strengthening Community Through Workforce Housing
MEMO
TO: Aspen City Council
FROM: Cindy Christensen, Deputy Director of Housing Operations & Property Management
MEETING DATE: Tuesday, June 14, 2022
RE: Resolution 072 (Series of 2022), Approving Property Management Amended
Agreement between Aspen/Pitkin County Housing Authority, and the City of Aspen
PURPOSE:
Resolution 072 (Series of 2021) approves an updated Property Management Agreement between the City of
Aspen and the Aspen/Pitkin County Housing Authority relating to the Truscott Phase II, LLLP property.
DISCUSSION:
The APCHA has managed the property since its completion in 2002. This is a project that contains 87 units and
is a Low Income Tax Credit (LIHTC) property. APCHA is the General Partner of Truscott Phase II, LLLP.
FISCAL IMPACT:
The APCHA will continue to receive a management fee of 12% of gross rents on a quarterly basis along with
reimbursement of maintenance costs provided through the Kronos timekeeping system.
RECOMMENDATION:
Approve Resolution 072 (Series 2022), Approving a Property Management Amended Agreement between the
City of Aspen and Aspen/Pitkin County Housing Authority.
###
26
RESOLUTION NO. 072
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A MANAGEMENT AGREEMENT BETWEEN
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY (APCHA) AND THE
CITY OF ASPEN TO MANAGE TRUSCOTT PHASE II LLLP
WHEREAS, there has been submitted to the City Council a Management
Agreement between Aspen/Pitkin County Housing Authority (APCHA) and the City of
Aspen to manage the properties known as Truscott Phase II, LLLP;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves th e Management
Agreement for APCHA to manage the property known as Truscott Phase II, LLLP,
copy of which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager, Sara Ott, to execute said agreement on behalf of the Aspen/Pitkin County
Housing Authority and the City of Aspen.
RESOLVED, APPROVED, AND ADOPTED this 14th day of June 2022 by
the City Council for the City of Aspen, Colorado.
________________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of
the City of Aspen, Colorado, at a meeting held, June 14, 2022.
________________________________
Nicole Henning, City Clerk
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Page 1 of 14
PROPERTY MANAGEMENT AMENDED AGREEMENT
This Amended Agreement is made by and between the ASPEN/PITKIN COUNTY
HOUSING AUTHORITY (hereinafter called the “Property Manager”), and is a duly constituted
multi-jurisdictional Housing Authority, and TRUSCOTT PLACE PHASE II LLLP, a Colorado limited
liability limited partnership (hereinafter “Owner”), and the CITY OF ASPEN.
R E C I T A L S
.
A. Owner has acquired that certain real property in the City of Aspen and County of Pitkin,
described more particularly in Exhibit A attached hereto and incorporated herein by
reference, of which consists thereon an 87-unit apartment complex known as Truscott
Place Phase II together with improvements (hereinafter the “Project”).
B. Property Manager is in the business of managing similar projects.
C. Owner desires the Property Manager to manage the Project and Property Manager
desires to manage the Project.
NOW, THEREFORE, in consideration of the premises and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Owner and Property Manager
agree as follows:
1. Definitions. For purposes of this Agreement, capitalized terms not otherwise defined
herein, shall have the meanings specified below:
a. “County” shall mean Pitkin County.
b. “Contractual Requirements” shall mean any requirements imposed on the
Project or Owner with respect to the operation and/or maintenance of the
Project pursuant to an agreement or agreements between Owner, and any third
party including, but not limited to, any Loan Documents.
c. “Expenditures” shall mean all current expenditures required to be made by
Property Manager on a cash basis for any applicable period during the term
hereof for the operation of the Project, or any part thereof, including but not
limited to, the Property Management Fee as provided in Section 11 hereof,
payroll and payroll expenses, suppliers, license and permit fees, maintenance
and repair expenses, such as reserves for replacements and repairs as Property
Manager shall in its sole discretion determine, utility charges, insurance
premiums (including deductible amounts), leasing commissions and debt service
on any loans evidenced or secured by any Loan Documents. Expenditures shall
not include: (i) payments from insurance proceeds for capital improvements; (ii)
any capital improvements, except as required in Section 4 hereof (Duties of
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Page 2 of 14
Property Manager); (iii) depreciation of buildings or improvements or other non-
cash items of expense or deduction from income; (iv) payments made in
connection with Owner’s acquisition or construction of the Project; or (v) general
overhead or administrative expenses of Property Manager NOT related to the
operation of the Project.
d. “Finance” means the City of Aspen Finance Department.
e. “Regulations” mean the Aspen/Pitkin County Housing Authority Employee
Housing Regulations (formerly known as the Guidelines).
f. “Income” means collected gross revenues from all leases and rental agreements
of all tenants occupying the Project or any part thereof, storage rental and
payments or rentals received by Owner or Property Manager from
concessionaires, licensees or lessees for the use or occupancy of the Project, or
any part thereof (including laundry leases and CATV agreements), and interest
earned if any, on any funds held in any of the accounts provided for in Section 5
herein (Making of Contracts, Payment of Expenses), on a cash basis during any
pertinent or applicable period, and shall include any dividends or premium
refunds on insurance policies for the Project. “Income” shall not include
insurance or condemnation proceeds or the proceeds from any sale or
refinancing of the Project or any part thereof, provided however that insurance
proceeds for a casualty loss, to the extent that said proceeds are for loss of rents,
or expended on any item that would qualify as a repair or maintenance item
pursuant to the definition of Expenditures, shall be included in Income. “Income”
shall not include security deposits from tenants unless and until such deposits
have been forfeited by the tenant and payable to Owner.
g. “Net Operating Income” means Income during the applicable period minus
Expenditures during the same period.
h. “Loan Documents” shall collectively mean and refer to all documents and
instruments utilized in the security of any loans for and by the Project.
2. Term of Agreement. This Agreement shall have a term commencing on February 1,
2022 (the “Commencement Date”), and shall continue for a period of five (5) years (the
“Term”). Each year after such five-year period, the Term shall automatically extend for
an additional period of five (5) years unless a party gives written notice of non-renewal
to the other party at least thirty (30) days prior to the end of the Term (in which case
the Term shall not be renewed). Owner can terminate with or without cause with thirty
(30) day notice and without fee or premium.
3. Operation and Management of the Project. Property Manager shall operate and
manage the Project under the provisions set forth in this Agreement. In its operation
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and management of the same, Property Manager shall collect all Income from its
operation thereof, obtain all necessary licenses and permits pertaining to such
operations and pay all Expenditures to the extent that income is currently available to
do so.
4. Duties of Property Manager. In addition to the duties of Property Manager provided for
in Section 3 (Operation and Management of the Property) and Section 5 (Making of
Contracts, Payment of Expenses) hereof, Property Manager’s obligations hereunder
shall include, but shall not be limited to, the following:
a. Property Manager shall provide or procure all management, administrative and
all other services, supplies and goods necessary for the orderly operation and
management of the Project.
b. Property Manager shall work with Finance for all accounting needs.
c. Property Manager shall work with Finance to maintain full and complete books
and records with entries of all receipts and disbursements resulting from the
operation and management of the Project. Such books and records shall be kept
on a cash or accrual basis in a consistent manner and in compliance with good
accounting practices consistently applied. Such books and records shall be the
property of Property Manager and Finance and shall at all times, during regular
business hours, be open to inspection by Owner. Property Manager and Finance
shall furnish to Owner monthly a detailed statement, certified by Property
Manager, of all receipts and disbursements for each month, such statement to
be furnished on or before the last day of each calendar month for the preceding
calendar month. Such statement shall show the status of collections and shall be
supported by cancelled checks, vouchers, duplicate invoices, and similar
documentation covering all receipts and disbursements, which supporting
documentation shall be kept at such place of business and shall be available for
inspection by Owner at all times during regular business hours. Within fifteen
(15) days after the close of each calendar quarter, Property Manager and/or
Finance shall deliver to Owner a detailed statement, certified by Property
Manager, of all receipts and disbursements with respect to the Project for such
calendar quarter, and showing the lease-up rate (percentage of units leased) at
the end of such period. Within ninety (90) days after the end of each calendar
year, Property Manager and Finance shall cause to be delivered to Owner an
audited statement of all receipts and disbursements (income and expenses) with
respect to the Project for such calendar year and the cost of all such annual
audited statements shall be an Expenditure. Property Manager, with Finance,
shall prepare an annual budget for the operation of the Project and submit the
same to Owner for Owner’s convenience sixty (60) days prior to the beginning of
each calendar year. Property Manager, with Finance, shall also furnish all other
statements, accountings, notices, documents and reports required herein to be
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furnished to Owner or which are required under the Contractual Requirements
provided, however, that Property Manager shall not be obligated to prepare any
special report or work papers for an audit, but shall provide the books and
records as hereinabove provided and make available to Owner at reasonable
times the parties preparing such books and records. Owner shall provide
Property Manager with copies of all such filings made by Owner and all
approvals and other notices received by Owner from governmental agencies
regarding such tax exemptions.
d. Property Manager may employ, discharge, supervise and pay on behalf of Owner
all servants, employees, and contractors required for the efficient operation and
maintenance of the Project as determined by the Property Manager. All such
employees shall be, and shall be deemed to be, for all purposes the employees
of Property Manager. Throughout the term of this Agreement, employees of
Property Manager who handle or are responsible for monies of Owner shall be
bonded by Property Manager, at the expense of the Owner.
e. Property Manager shall provide all supplies and miscellaneous equipment used
or consumed in the operation of the Project. The cost of said supplies and
miscellaneous equipment (without any markup or profit to Property Manager)
shall be an Expenditure. Any service or supply contracts for the Project made by
Property Manager with an affiliate or subsidiary of Property Manager shall be on
commercially reasonable terms for similar projects by unrelated parties or
otherwise approved by Owner.
f. Property Manager shall, at least five (5) days before the same comes delinquent,
pay business license taxes imposed in connection with the operation of the
Project.
g. Property Manager shall pay all charges for or related to water, gas, electricity,
telephone service or other commodities or services furnished to the Project or
any part thereof during the term of this Agreement. Said charges shall be
expenditures.
h. Property Manager shall operate the Project and perform its duties under this
Agreement in accordance with applicable laws, ordinances and regulations of
governmental authorities having jurisdiction over the Project, and shall cause the
occupancy and operation of the Project to be in compliance with the Owner’s
obligations under the Contractual Requirements applicable thereto, including
but no limited to, all deeds of trust or mortgages encumbering the Project or any
part thereof, and all matters of record affecting the Project or any part thereof,
and all unrecorded leases and vendor contracts for the Project to the extent that
such obligations are not inconsistent. To the extent that any of the obligations
are inconsistent, Property Manager shall make the determination of which
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obligation shall be complied with. Each party shall provide the other with copies
of any notice received from governmental agencies of any violation of any laws,
ordinances or regulations applicable to the Project, or any notice of default
received under any Contractual Requirement or from the holder of any deed of
trust, mortgage or other instrument of record against the Project.
i. Property Manager shall pay all items included in the definition of “Expenditures”
prior to delinquency to the extent that Income is currently available to do so but
shall not prepay any expenses without the prior written approval of Owner.
Property Manager shall at all times during the term of this Agreement maintain
any reserves required by any Contractual Requirement.
j. At all times during the term of this Agreement, Property Manager shall procure
and maintain insurance against the hazards hereinafter provided for, and in the
amounts hereinafter set forth, and certificates of all policies evidencing such
insurance shall be delivered to Owner; all policies of insurance provided for
herein shall name both Owner, Property Manager, the parties required pursuant
to the Contractual Requirements, and the older of any mortgage or deed of trust
on the Project as insureds thereunder as their respective interests may appear;
all such policies or contracts of insurance shall be issued by insurance carriers
who are acceptable to Property Manager. The nature and amount of the
insurance which Property Manager is required to procure and maintain under
the provisions hereof shall be such insurance and in such amounts as required by
the Contractual Requirements.
k. Each of the foregoing policies shall contain (i) the agreement of the insurer to
give Owner and additional insureds at least thirty (30) days’ notice prior to
cancellation of or material change in said policies or any of them; and (ii) waiver
of subrogation rights against Owner, Property Manager and any other
additionally insured parties provided for herein. Property Manager shall, upon
request, provide Owner with written evidence of all of the above-named policies
of insurance and renewals thereof. The premiums for each of the foregoing
policies shall be an Expenditure, as well as any deductibles paid under such
insurance to the extent the payment is for any item otherwise not excluded from
the definition of an Expenditure hereunder.
l. Property Manager shall take all appropriate steps to insure that the Project
(including interior and exterior walls) is maintained in good condition and in a
good state of repair and in strict compliance with the Contractual Requirements
and shall make such expenditures for capital improvements as Owner in the
exercise in its reasonable judgement deems required to operate and maintain
the Project in good condition. Property Manager shall arrange for landscaping,
painting and cleaning services, plumbing, utility, pest control, and repair services
to the Project and every part thereof, all of which shall be Expenditures. If there
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is any conflict between the terms of the Contractual Requirements and this
Agreement with respect to the maintenance and repair of the Project, the terms
of the Contractual Requirements shall control. Property Manager shall have the
right to utilize such advertising and other promotional aids as it, in its discretion,
deems required or desirable provided, however, that Property Manager shall
comply in all respects with the requirements of the Contractual Requirements.
m. In the event a tenant in the Project fails to pay when due any rental or other
sums required to be paid under such tenant’s lease, Property Manager may take
any and all appropriate legal steps to remove such tenant and enforce payment
of such delinquent rental or other sums that Property Manager may deem
necessary or proper. All expenses incurred in taking of any such actions shall be
deemed to be Expenditures.
5. Making of Contracts, Payments and Expenses.
a. Property Manager shall collect the Income for the Project and shall deposit all
such Income in a separate bank account (the “Operating Account”) maintained
by Property Manager and Finance in trust for Owner. Any and all interest earned
on the Operating Account shall be deposited in and added to such account.
Property Manager may withdraw funds from the Operating Account for (i)
disbursements authorized or required for the Project to be made under this
Agreement (including, but not limited to, disbursements for authorized
Expenditures pursuant to this Agreement); and (ii) sums to which Property
Manager is entitled under this Agreement, subject, however, to the limitations
set forth in this Agreement.
b. To the extent that Income for the Project for any period during the term of this
Agreement is insufficient to pay Expenditures for such calendar month as they
become due for the Project, Property Manager shall have no obligation to pay
such Expenditures from its own funds; however, Property Manager agrees to
notify the Owner of any such insufficiency. Commencing upon the end of the
first full calendar month of the Term, Property Manager shall within five (5)
business days of the end of each calendar month, disburse from the Operating
Account to the Owner, the Net Operating Income, if any, for said month,
provided that Property Manager shall be entitled to receive the Property
Management Fee provided in Section 11 hereof (Compensation).
c. Property Manager shall make no contract, agreement or commitment in any way
binding on Owner or against the Project which extends beyond the Term of this
Agreement without the prior written consent of Owner, except Property
Manager may (without notice to the Owner) enter into leases, service
agreements or vendor contracts which are cancelable on a thirty (30) day notice,
or laundry leases or CATV agreements with terms of up to ten (10) years beyond
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the term of this Agreement if the provisions of any such agreement or contract
are consistent with industry standards.
d. Upon the opening of each bank account referred to herein, Property Manager
shall promptly notify Owner in writing of the name, branch, address and
telephone number of the bank, the account number and the name given to the
account, together with a true copy of the signature card for each account and
confirmation that funds deposited in such bank and for such account are fully
insured by the Federal Deposit Insurance Corporation (FDIC). For each such
account, Property Manager shall promptly furnish Owner with monthly
statements regularly prepared by the bank of all deposits and withdrawals to
and from such account and the beginning and ending balances for the monthly
reporting period. Property Manager agrees that the amounts in any such
account shall not exceed the maximum insured by the FDIC.
6. Rentals. The Property Manager will offer for rent and will rent the dwelling units,
parking spaces and other rental facilities and concessions in the Project. Incident
thereto, the following provisions will apply:
a. The Property Manager will follow the tenant selection policy as stated in the
Regulations.
b. The Project is intended to qualify as a low-income housing project for the
purpose of securing and maintaining the maximum low-income housing tax
credit permitted under Section 42 of the Internal Revenue Code of 1986, as
amended (the “Code”). In performing its duties under this Agreement, the
Property Manager will comply with the pertinent requirements of Code Section
42, including without limitations, the rent restriction and tenant qualification
requirements of Code Section 42(g), for all of the units in the Project.
c. The Property Manager will show the premises to prospective tenants.
d. The Property Manager will take and process applications for rentals. If the
application is rejected, the applicant will be told the reason for rejection.
e. The Property Manager will prepare all dwelling leases and will execute the same
in its name, identified thereon as Property Manager for the Owner. The terms of
all leases will comply with the directives of the holder (“Mortgagee”) to the
extent that they are consistent with 6.a. and/or 6.b. above, of any instrument of
agreement between the Owner, as mortgagor, and the Mortgagee, creating a
lien on the project as security for the payment of debt (“Mortgage”). Dwelling
leases will be in a form approved by the Owner and the Mortgagee, but
individual dwelling leases need not be submitted for the approval of the Owner
or Mortgagee.
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f. The Property Manager will abide by the more restrictive requirements of 6.a.
and/or 6.e; the more restrictive shall apply.
g. The Property Manager will furnish the Owner with rent schedules, showing basic
rents for dwelling units, and other charges for facilities and services, and Owner
will approve same.
h. The Property Manager will negotiate commercial leases and concession
agreements, and will execute the same in its name, identified thereon as
Property Manager for the Owner, subject to the Owner’s prior approval of all
terms and conditions.
i. The Property Manager will collect, deposit and disburse security deposits, if
required, in accordance with the terms of each tenant’s lease and applicable
Colorado State Law. Security deposits will be deposited by the Property
Manager, separate from all other accounts and funds, in an account with a bank
or other financial institution whose deposits are insured by an agency of the
United States Government (“Security Deposit Account’). The Security Deposit
Account will be carried in the Property Manager’s name and include on record a
reference to Property Manager as “Property Manager for Truscott Place Phase
II.”
7. Budgets. Annual operating budgets for the Project will be approved by Owner. Annual
disbursements for each type of operating expenses itemized in the budget will not
exceed the amount authorized by the approved budget, except for any payments for
emergency repairs involving manifest danger to persons or property or required to
avoid suspension of any necessary service to the Project (in which case the Property
Manager will inform the Owner of the reason for any such payment as promptly as
practical). The Property Manager will prepare a recommended operating budget for
each fiscal year beginning during the term of this Agreement and will submit the same
to the Owner at least thirty (30) days before the beginning of the fiscal year. The Owner
will promptly inform the Property Manager of any changes incorporated in the
approved budget, and the Property Manager will keep the Owner informed of any
anticipated deviation from the receipts or disbursements stated in the approved
budget.
8. Records and Reports.
a. The Property Manager will establish and maintain a comprehensive system of
records, books and accounts in a manner conforming to the directives
satisfactory to the Owner and the Mortgagee. All records, book and accounts will
be subject to examination at a reasonable hour by an authorized representative
of the Owner or the Mortgagee.
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Page 9 of 14
b. With respect to each fiscal year ending during the term of this Agreement, the
Property Manager will have an annual financial report prepared by a Certified
Public Accountant or other person acceptable to the Owner, or Mortgagee,
based upon the preparer’s examination of the books and records of the Owner
and the Property Manager. The report will be prepared in accordance with the
directives of the Owner and Mortgagee and will be certified by the preparer and
the Property Manager and will be submitted to the Owner within twenty-five
(25) days after the end of the fiscal year, for the Owner’s further certification
and submission to the Mortgagee. Compensation for the preparer’s services will
be paid out of the Operating Account as an expense of the Project.
c. The Property Manager will furnish such information (including occupancy
reports) as may be reasonably requested from time to time by the Owner or
Mortgagee with respect to the financial, physical or operational condition of the
Project.
d. By the fifteenth (15th) day of each month, the Property Manager will furnish the
Owner with a statement of receipts and disbursements during the previous
month, and with a schedule of accounts receivable and payable, and reconciled
bank statements for the Operating Account and Security Deposit Account as of
the end of the previous month.
9. Consent to Alterations. No structural alterations, additions, or improvements of any
character shall be made in or to the Project by Property Manager except as consented
to in writing by Owner in advance of the making thereof. Any such structural alterations,
additions or improvements shall be the property of the Owner and shall remain as a part
of the Project upon the expiration or termination of this Agreement.
10. Liens and Claims. Property Manager shall have the right to cause such works of repair,
replacement and maintenance as may be required in the ordinary course of maintaining
the Project in good condition or in compliance with the terms of any deed of trust
encumbering title to the Project. Property Manager shall satisfy or provide a bond or
other security for any mechanics’ liens or other claims or demands arising from the work
of any repair requested or caused by Property Manager which may be enforced against
the Project or any part thereof. Notwithstanding anything to the contrary herein
contained, if the Property Manager in good faith contests the validity of any lien, claim
or demand covered by this Section 10, Property Manager shall defend itself and Owner
and the Project against the same and shall pay and satisfy any final adverse judgment
that may be rendered therein before the enforcement thereof against Owner or the
Project. Property Manager shall have the right to appeal any such final adverse
judgment rendered against Owner or the Project pending the enforcement thereof.
Notwithstanding anything herein contained to the contrary, Property Manager’s
obligation to make any payments provided for in this Section 10 shall be limited to funds
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Page 10 of 14
available from Income, insurance or condemnation proceeds or from funds otherwise
made available by Owner.
11. Compensation. Property Manager shall be entitled to a Property Management Fee not
to exceed a maximum of twelve percent (12%) of the total Rental Income for the 87
units. The Property Management Fee shall be due and payable quarterly to Property
Manager, commencing at the end of the first full calendar month of the term hereof.
The Property Management Fee shall include the administrative and overhead expenses
of Property Manager, the payroll and payroll expenses for on-site management and staff
personnel which shall be an Expenditure.
12. Liability. Property Manager shall not be liable to any person whomsoever for or on
account of any injury, death, damage or loss occurring or alleged to have occurred by
reason of the condition or inadequate maintenance or repair of the Project of any part
thereof or any real or personal property situated thereon, or by reason of any act or
thing done or omitted to be done by Property Manager, its agents or employees. The
Property Manager is required to carry liability insurance, fidelity bond insurance, as well
as automobile coverage.
13. Hold Harmless. The APCHA shall be held harmless from any and all claims, lawsuits,
demands, causes of action, liability, loss, damage and or injury, of any kind whatsoever
(including without limitation all claims for monetary loss, property damage, equitable
relief, personal injury and/or wrongful death), whether brought by an individual or
other entity, or imposed by a court of law or by administrative action of any federal,
state or local governmental body or agency, arising out of, in any way whatsoever, any
acts, omissions, negligence, or willful misconduct on the part of the APCHA, its officers,
owners, personnel, employees, agents, contractors, invitees, or volunteers. This
indemnification applies to and includes, without limitation, the payment of all penalties,
fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and
any reimbursements for all legal fees, expenses, and costs incurred by it.
14. Amendment. Owner agrees that it shall not amend the terms of any Contractual
Requirement during the term of this Agreement without the prior written consent of
Property Manager.
15. Miscellaneous.
a. It is understood that in operating and managing the Project, Property Manager is
an independent contractor and is not acting as employee, partner, joint venture,
or lessee or Owner and nothing herein shall be construed as reserving to Owner
the right to control Property Manager’s business or operations or the manner in
which the same shall be conducted.
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b. This Agreement may be executed in any number of counterparts which together
shall constitute the contract of the parties. The section headings here contained
are for purposes of identification only and shall not be considered in construing
this Agreement. Time is of the essence in this Agreement. In the event of any
action or proceeding by any party hereto for breach or to enforce the provisions
of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover reasonable attorneys’ fees and costs as the court may
determine. The waiver by either party of a default or breach hereunder shall not
be construed as a waiver of any default or breach hereunder by such party.
c. Any notices to be given to either party to this Agreement shall be in writing and
shall be delivered personally or by certified, registered U.S. Mail, or by overnight
courier service. Notice shall be deemed to be delivered to the other party upon
receipt, or seventy-two (72) hours after deposit in the U.S mail, postage prepaid,
if by registered or certified mail, or twenty-four (24) hours after delivered to
Federal Express or equivalent private courier service for guaranteed overnight
delivery. The respective notices shall be addressed as follows, or at such other
address as the parties hereto may give by notice to each other:
Property Manager:
Aspen/Pitkin County Housing Authority
18 Truscott Place
Aspen, Colorado 81611
Owner:
Truscott Place Phase II, LLLP
c/o City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
d. This Agreement shall be construed and enforced in accordance with the laws of
the State of Colorado.
e. No subsequent alteration, amendment, change, deletion or addition to this
Agreement shall be binding upon Owner or Property Manager unless in writing
and signed by both Property Manager and Owner.
f. This Agreement shall be binding upon and insure to the benefit of the parties
hereto and their permitted respective successors and assigns, provided,
however, the Property Manager shall not have the right to assign its obligations
hereunder without the prior written approval of the Owner. Property Manager
shall have the right to assign or subcontract its obligations hereunder, provided
Property Manager shall not be released from liability hereunder without the
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Page 12 of 14
written consent of Owner. Owner shall have the right to assign its rights under
this Agreement without the approval of Property Manager.
g. Upon the expiration or termination of this Agreement, Property Manager shall
vacate and relinquish control of the Project to Owner, and all of the books and
records in the possession or control of Property Manager pertaining to the
management and operation of the Project, together with all other property or
funds of Owner in Property Manager’s possession or control, shall be promptly
released and delivered to Owner, provided that Property Manager shall have the
right at its cost and expense to retain copies of said books and records. Property
Manager shall, upon the expiration or termination of this Agreement, also
deliver to Owner all furniture, equipment, supplies, brochures and advertising
material used in the operation of the Project and a complete list of same, and all
service contracts and agreements binding upon Owner or the Project. Said
furniture shall include furniture used in the officer of the Project but may not
include furniture which may be leased from third parties. Property Manager
shall, at any such termination or expiration, cooperate with Owner or any
successor property manager in providing Owner or any successor property
manager such information as it may reasonably require to operate the Project to
provide for an orderly transition in the management of the Project
h. Notwithstanding any provision or obligation to the contrary contained in this
Agreement, (i) the liability of Owner under this Agreement to Property Manager
and its successors and assigns, is limited to Owner’s interest in the Project and
other agreements affecting the Project, and Property Manager shall look
exclusively thereto, or to such other security as may from time to time be given
for the payment of obligations arising out of this Agreement or any other
agreement securing the obligations of Owner under this Agreement; and (ii)
from and after the date of this Agreement, no deficiency or other personal
judgment, nor any order or decree of specific performance (other than
pertaining to this Agreement, any agreement pertaining to the Project or other
agreement securing Owner’s obligations under this Agreement), shall be
rendered against Owner, the assets of Owner (other than Owner’s interest in the
Project and the rents issues and profits thereof and operating and reserve funds
established therefor, any agreement pertaining to the Project or any other
agreement securing Owner’s obligations under this Agreement), its officers,
directors or members or their heirs, personal representatives, successors,
transferees or assigns, as the case may be, in any action or proceeding arising
out of this Agreement or any other agreement securing the obligations of Owner
under this Agreement, or any judgment, order or decree rendered pursuant to
any such action or proceeding.
i. There shall be no discrimination against or segregation of any persons or group
of persons on account of race, color, creed, religion, sex, marital status, ancestry,
39
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Page 14 of 14
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
Lot 3, THE ASPEN GOLF COURSE SUBDIVISION, according to the Plats thereof recorded June 20,
1985, in Plat Book 17 at Page 34 as Reception No. 269092 and as Amended by Plat recorded
May 19, 1994, in Plat Book 34 at Page 51 as Reception No. 370200 and Amended by Plat
recorded April 29, 1998 in Plat Book 44 at Page 84 as Reception No. 416226, and Third
Amended Plat of the Aspen Golf Course Subdivision recorded February 23, 2001 in Plat Book 56
at Page 72 as Reception No. 451795.
PARCEL B:
TOGETHER WITH the right to use Lot 5, THE ASPEN GOLF COURSE SUBDIVISION (PARKING
AREA) recorded February 23, 2001, in Plat Book 56 at Page 72 as Reception No. 451795.
County of Pitkin, State of Colorado
41
MEMORANDUM
TO:Mayor and City Council
FROM: Jerry Nye, Superintendent of Streets
THROUGH: Tyler Christoff, Assistant Public Works Director
Scott Miller, Public Works Director
MEMO DATE: May 26, 2022
MEETING DATE:June 14, 2022
RE:Contract Approval Resolution #076 Series 2022 for the purchase of
a Tymco DST 600 Dustless Street Sweeper for the Streets
Department
REQUEST OF COUNCIL: Staff recommends approval of the contract Resolution
#076 series 2022, for the fleet replacement of a Tymco DST 600 Dustless Street Sweeper
for the Streets Department
SUMMARY AND BACKGROUND: The Street Department started using Tymco DST 600
Sweepers in 2001. Tymco was selected because at the time, it was the only sweeper that
could sweep without using water or a deicer chemical in the winter months and still be
dustless. Intermountain Sweeper is the only Tymco dealer for the Rocky Mountain region.
The purchase is made through Sourcewell, a cooperative purchasing alliance.
DISCUSSION: The Street Department is currently operating three Tymco DST 600
Dustless Regenerative Air Street Sweepers. They are on a five-year replacement
schedule. The 2016 sweeper is scheduled in the Fleet Management Plan to be replaced
this year. The Street Department continues to purchase Tymco DST 600 sweepers
because they are truly dustless and are very dependable. Capable of operating in
below-freezing conditions and requiring no use of water or deicer chemicals to control
dust, allows the streets to be swept in the winter months keeping PM-10 levels down.
Staff have over twenty years of training in the operation and maintenance of the Tymco
DST 600 which makes repairs and maintenance quick and easy with minimal down
time. All the replacement parts what we currently have in stock are interchangeable with
the new equipment. Throughout the procurement process staff reviewed various
products, vendors, and potential alternatives in the current marketplace. Based on
product availability, capability, cold weather operability, cycle time, and serviceability,
staff believe the Tymco DST 600 best meets Aspen’s unique needs.
FINANCIAL IMPACTS: The 2022 Fleet Management plan budgeted $400,000 for the
replacement of the 2016 Tymco DST 600 sweeper. The cost of the new sweeper is:
42
Tymco DST 600 Sweeper $410,100.00
Less trade-in of the 2016 sweeper -$111,500.00
Contract price to purchase $298,600.00
ENVIRONMENTAL IMPACTS: The new Tymco DST 600 sweeper is tier 4F compliant,
meeting all the current diesel emission regulations. It will include a diesel particulate filter,
crank case ventilation filter, and exhaust gas recirculation valve which helps lower
greenhouse gas emissions.
Sustainability initiative? Yes
Outcome area affected:Air Quality
Key metrics affected:Reduction in particulate matter and ozone pollution from
vehicle emissions. machine is the major factor for keeping Pm-
10 counts down and keeping aspens air quality at minimum
levels.
RECOMMENDATIONS:Staff recommends approval of contract Resolution #076 for the
purchase of the Tymco DST 600 Sweeper for the Streets Department.
CITY MANAGER COMMENTS:
43
RESOLUTION #076
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND INTERMOUNTAIN SWEEPER COMPANY AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for (1)
Tymco DST 600 Street Sweeper, between the City of Aspen and Intermountain
Sweeper Company, a true and accurate copy of which is attached hereto as Exhibit
“A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for (1) Tymco DST 600 Street Sweeper, between the City of Aspen and
Intermountain Sweeper Company, a copy of which is annexed hereto and
incorporated herein and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 14th day of June 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, June 14th, 2022.
Nicole Henning, City Clerk
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2022-225
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DocuSign Envelope ID: 88FE6692-0E5F-4296-9C5B-8332D6C2F0AA
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DocuSign Envelope ID: 88FE6692-0E5F-4296-9C5B-8332D6C2F0AA
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DocuSign Envelope ID: 88FE6692-0E5F-4296-9C5B-8332D6C2F0AA
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1
SPECIAL MEETING ASPEN CITY COUNCIL MAY 17, 2022
At 5:20 p.m. Mayor Torre called the special meeting to order with Councilors Doyle, Mesirow, and
Hauenstein present and Councilor Richards via Zoom.
Mayor Torre said there are three appeals in front of us tonight and the first being the Bryce Johnson and
Laura Biel appeal regarding a permit that was submitted March 15th, 2022.
Consideration of Bryce Johnson and Laura Biel Appeal:
Assistant City Attorney, Kate Johnson, introduced the item. The community development department
received an application for 506 W. Hallam. The application was rejected as incomplete, and the owners
of the property have appealed the decisions. Chris Bryan of Garfield & Hecht is here on behalf of the
applicants. In the past you have taken argument and you can do that again here today.
Mayor Torre said he would like to know what the deficiencies were and what deemed it incomplete.
Ms. Johnson said that Bonnie Muhigirwa, Deputy Chief Building Official, issued the determination, and
there is a link in the record with documents needed for a building permit. Ms. Johnson listed the
deficiencies as provided in an email to the applicant and said this application was submitted before
Ordinance #06, Series of 2022, was passed. The dispute is as to whether it was complete or not.
Mr. Bryan said the building department exceeded its jurisdiction over what your own Ordinance says.
This isn’t what you voted on. He said it took Bonnie 15 days to respond as to whether these permits
were accepted or not. You need to grant this appeal or you’re opening this up to a lawsuit. This is an
easy way to consider the Ordinance was not drafted as tightly as was needed. There will be no negative
impacts for overturning this as it’s an interior remodel.
Councilor Mesirow asked Mr. Bryan if he agrees that the application was not complete. Mr. Bryan said it
was not complete according to what the city told us upon submission. Councilor Mesirow asked Ms.
Johnson about the pace of response, and she said two weeks is average time for completeness reviews.
Councilor Hauensteinsaid as he reads the Ordinance, it says the submission should be complete. There
were a number of items not completed. He thinks just based on the information here, it’s within the
jurisdiction of community development to deal with this. The submission needed to be deemed
complete to meet the exemption in Ordinance #06, so he does not find the grounds to reverse
community development’s decision.
Councilor Richards motioned to approve Resolution #073, Series of 2022, upholding the community
development decision; Councilor Mesirow seconded.
Councilor Mesirow likened this to being at the golf course naked and said he does have sympathy for the
client, and we would all like to see the pace on submissions improve. This is our normal pace of
business, and he can’t find any of the arguments worth overturning. We have laws and timelines for a
reason. He’s supportive of this.
Councilor Doyle said both groups of people know what happens when you show up with an incomplete
building permit.
Councilor Hauensteinrequested the resolution be read into the record. He read the affirmative
resolution to clarify what they are voting on.
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SPECIAL MEETING ASPEN CITY COUNCIL MAY 17, 2022
Mayor Torre said he appreciates what was brought to them, and he doesn’t read the statement the
same. For him it says, “and deemed complete”. Mr. Bryan asked for a clarification on record of what
deemed complete means. Mayor Torre and Councilor Hauenstein explained.
Mr. True said there is a motion on the table, so that is what we need to be discussing.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Consideration of KDR Trust Appeal:
City Attorney, James R. True introduced the item and said this appeal is substantially similar to the
previous one. Two resolutions were submitted for this as well: one in affirmation and one denying the
decision. Ms. Johnson said this is an appeal of community development’s decision to reject building
permit application at 800 Roaring Fork Rd. She listed the reasons why the application was deemed
incomplete.
Mayor Torre asked if this contractor has submitted previously with the building department. Mr. Bryan
said he doesn’t know and it’s not part of the record.
Councilor Hauensteinsaid the application was deemed incomplete. It’s not the duty of the community
development department to hold the hands of the applicants and it’s their responsibility to submit a
complete application. His inclination is that he will be upholding Resolution #074 to uphold the decision
of community development.
Councilor Mesirow asked if they have any evidence that the permit was complete at the time of
submittal.
Councilor Richards motioned to approve Resolution #074 affirming the community development
director’s decision in this matter. There has not been an abuse of discretion or an issue of exceeding
jurisdiction. The processes are quite clear.
Councilor Hauenstein seconded. He said clearly this application was missing a number of components
and he also feels that due process was followed, and a review of the application was conducted.
Councilor Mesirow said his reasoning is the same on this as the last. This was also incomplete.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Consideration of 308 North First Street LLC Appeal:
Mr. True said this is involving Ms. Johnson said this application is an appeal of the community
development director’s decision to deny the application for the development of the property. Ms.
Johnson said the application was missing several items and she listed those.
Mr. Bryan said this one is different and was submitted March 14
th by Chris Bendon. This was submitted
to construct a single-family home on the lot. On March 16th, the building department provided notice of
the missing items. At the end of the same day, the owners’ reps submitted everything requested to
complete the review.
Ms. Johnson confirmed the application was cured the next day. The missing documents were received
shortly after the passage of Ordinance #06.
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SPECIAL MEETING ASPEN CITY COUNCIL MAY 17, 2022
Councilor Hauenstein said he does think this applies to new construction and the intent of Ordinance
#06 is creating a new or existing structure. The timing of the curing makes it a different animal.
Councilor Richards likened this to a lottery. This appears a little different because they were able to get
in completed documents, but the same argument holds of whether it was a complete application when
it came in the door. We should go back to that standard.
Councilor Doyle said this one is slightly different for him because Bendon Adams worked for the city at
one time and are fully aware of deadlines that need to be met. The planners knew there was a deadline,
and they weren’t prepared.
Councilor Mesirow said it does feel a bit different with the timeline, but the logic is the same. This
project was waiting for this moment because this was the intent.
Councilor Hauensteinsaid he finds this to be a near miss and it missed the completion or curing by a
day, but it did miss it. Even though the missing items were noticed more quickly than in the other cases,
it was still after the adoption of Ordinance #06.
Councilor Hauensteinmotioned to adopt Resolution #075, Series of 2022 in affirmation of upholding the
community development decision; Councilor Doyle seconded.
Councilor Richards saidshe supports the motion and thanked Councilor Hauenstein for making it. She
doesn’t believe there was a denial of due process.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Councilor Hauensteinmotioned to adjourn; Councilor Doyle seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Meeting adjourned at 6:52 pm.
_____________________________
Nicole Henning, City Clerk
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4
SPECIAL MEETING ASPEN CITY COUNCIL MAY 17, 2022
55
First Reading of Ordinances #13 and #14, Series of 2022
Staff Memo, June 14, 2022
Page 1 of 11
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Ben Anderson, Principal Planner
Garrett Larimer, Senior Planner
THROUGH: Phillip Supino, Community Development Director
MEMO DATE: June 8, 2022
MEETING DATE: June 14, 2022
RE: First Reading of Ordinances
Residential Building response to Moratorium; Ordinance #13
Fee-in-Lieu Update; Ordinance #14
REQUEST OF CITY COUNCIL:
City Council is asked to review draft Ordinances #13 and #14, Series of 2022 at First Reading.
Ordinance #13 – This Ordinance contains the majority of the proposed changes in response to
the moratorium enacted by Ordinance #06, Series of 2022. The changes are numerous but are
focused on: Demolition, GMQS (26.470) and a new section that spells out calculation
methodology (26.580); Affordable Housing mitigation requirements for single-family and duplex
development GMQS (26.470); Affordable Housing review processes in GMQS (26.470), and
opportunities for development of affordable housing in the Zone Districts (26.710); and changes
to Calculations and Measurements (26.575.020), Definitions (26.104) and other sections of the
code in support of these more significant policy proposals. The draft ordinance included in
Council’s packet contains clean version of the proposed code amendments. Council may also
refer to the redline edits in the Exhibits to view proposed code changes as they relate to existing
code.
Ordinance #14 – This Ordinance is much more limited in scope and applies only to a proposed
increase to the Affordable Housing Fee-in-Lieu (FIL) that is directed by the LUC to occur on an
annual basis. This increase, per code, is based on the national construction cost index published
by the Engineering News Record.
Following review, discussion, and direction to staff for any changes or additional
information needed at Second Reading, Council is requested to Read and Approve
Ordinances #13 and #14 on First Reading.
56
First Reading of Ordinances #13 and #14, Series of 2022
Staff Memo, June 14, 2022
Page 2 of 11
BACKGROUND AND SUMMARY
Where this Memo and Meeting fit into the larger process:
The contents of this memo and the draft Ordinances reflect staff’s proposed policy responses to
previous Council direction across numerous Work Sessions, input and feedback from participants
in the engagement process, and the research and analysis of our consultant experts. The code
changes presented in the Ordinances and red-line edits included as exhibits, would implement
these policy responses.
At a Work Session on May 23, 2022 (Memo included as Exhibit I), staff presented the basic
framework of this policy response and asked for direction from Council on a few remaining
questions. There was consensus support of the policy framework and Council provided direction
on the requested topics. That direction and further work by staff and the consultant team have
been included in the draft Ordinances and discussed below in this memo.
Staff did present and discuss the draft Ordinances with the Planning and Zoning Commission at
a meeting on June 7, 2022. Due to the overlap with the packet submission deadlines, staff will
present Council with P&Z’s discussion and any recommendations during the First Reading
presentation.
Policy Framework:
Ordinance #13
1) Demolition
Exhibit B, 26.470; Exhibit C, 26.580, and Exhibit A, Residential Demolition and Redevelopment Standards
The primary policy change is the use of the Growth Management Quota System to limit the
number of and provide criteria for the approval of single-family and duplex residential demolition
and redevelopment. At the May 23rd Work Session, Council provided direction that six (6) annual
allotments for demolition and redevelopment of single family and duplex projects is the desired
number. More discussion on the process of this review, the role of multi-year allotment review,
and the Residential Demolition and Redevelopment Standards is provided below.
2) Affordable Housing Mitigation for Residential Development
Exhibit B, 26.470, Exhibit E, 26.104.100 and 26.575.020
This policy change continues the work from Ordinance #24, Series of 2021 that is currently tabled.
If Ordinance #13 is adopted, it would not be necessary to revisit Ordinance 24 as the changes
have been incorporated into the larger response to the moratorium.
The primary proposed change is the inclusion of sub-grade areas, garages, and vertical circulation
in what building area counts toward mitigation, and the removal of the exemption for existing floor
area in redevelopment scenarios. These changes are supported by a new Residential Employee
Generation Study, conducted by consultant RRC and Associates, in an update to this document
that was last completed in 2015. The final report from the consultant should be ready for inclusion
in the record at Second Reading, but the spreadsheets that serve as the foundation for the
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generation study are included as Exhibit H. There is significant discussion of this topic below and
a request for Council direction in finalizing staff’s response on employee generation. Additionally,
the policy change includes improvements to the AH Deferral Agreement in providing more
predictability for local residents who would choose to defer mitigation requirements.
3) 100% Affordable Housing Review Process
Exhibit B, 26.470
This policy proposal would create an administrative review path for 100%, deed-restricted,
affordable housing projects that are fully compliant with the requirements of the Land Use Code.
Currently, these projects are subject to a review with the Planning and Zoning Commission, even
if they are complaint with underlying zone district dimensions, parking requirements, etc. This
change would bring a streamlined review and more predictability to both private and public sector
AH projects. At the May 23 Work Session, staff identified that projects that involved properties
under the review authority of the Historic Preservation Commission presented a challenge. At a
special meeting with HPC on June 2nd, a solution to this challenge was proposed by staff and
supported unanimously by HPC. A presentation of this proposed solution is described in more
detail below.
4) Additional Opportunity for Affordable Housing
Exhibit D, 26.710
At the May 23rd Work Session, Council provided full support for the proposed changes that include
removing any unnecessary obstacles in the development of Affordable Housing across most of
Aspen’s zone districts, and in a few specific situations, providing additional opportunity for
affordable housing development within the dimensional limitations of the underlying zone districts.
A few highlights:
• The ability to develop a 100% affordable triplex or fourplex structures in residential
zones that are currently limited to single-family and duplex.
• Giving dimensional flexibility to existing and currently non-conforming multi-family
properties in zone districts that preclude multi-family, if those properties were to
convert to deed restricted affordable housing.
• Prohibiting the establishment of new, free-market residential units in the Mixed-Use
Zone District.
5) Code Amendments in Support of the Primary Policy Changes
Exhibit E, multiple sections of the LUC
Several chapters of the LUC are proposed for amendment in support of the policy changes
described above. Some of these changes are simply to align processes, while others are
necessary to bring clarity and consistency to definitions across the code. A few highlights:
• Providing clarity to definitions surrounding floor area and demolition
• Giving flexibility to existing homes to project into setbacks and above their height to
allow for insulation upgrades and changes to exterior materials in the promotion of
fire protection.
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• Giving additional administrative discretion to the Community Development Director
to approve modifications to buildings for energy efficiency improvements or for
building code compliance.
The Aspen Area Community Plan contains the policy basis for all the amendments proposed in
Ordinance #13. Ordinance #6 establishing the moratorium and Policy Resolution #43 cite
numerous AACP sections, all of which tie together the community and environmental need for
these code amendments with the specific responses requested by Council and proposed by staff.
Exhibit G is a graphic that shows the proposed code and policy changes and their relationship to
the Aspen Area Community Plan.
Ordinance #14
Affordable Housing Fee in Lieu Annual Update
In 2020 and 2021, staff worked with consultants TischlerBise and White and Smith Planning
Group to study, update and implement the affordable housing mitigation Fee-in-Lieu calculation
methodology and rates. Council approved this work and the new rates came into effect in May of
2021. The adopted code language in 26.470.050, specifies that a full study shall be completed
every 5 years, but that annual increase should be considered every January, using the National
Construction Cost Index from the Engineering New Record. This index calculates labor and
material costs in 20 cities across the nation. Due to the moratorium, staff did not propose a
change in January, but is doing so now so that the change can be understood in the context of
the other proposed changes to affordable housing mitigation requirements for residential
development.
Between May of 2021 and May of 2022, the index reflects an 8.47% increase in construction labor
and material costs. Ordinance 14 would implement this increase (See Exhibit F). To understand
the impact of this change:
Category 2 – required for SF/Duplex residential mitigation
Current FIL per FTE = $376,475
Proposed FIL per FTE =$408,362
One other small process change is proposed. For these annual increases, as they are fully
directed by the LUC, staff is recommending that the Policy Resolution (normally required for LUC
amendments) be removed as a requirement for the Ordinance that would implement a future
increase.
STAFF DISCUSSION
The following topics require additional discussion with Council:
Demolition Allotment Process
At the May 23rd Work Session, Councilmember Mesirow requested an outline or graphic that
described the overall process of receiving a Demolition allotment and specifically how a request
for a multi-year allotment would be reviewed. The following discussion attempts to answer this
request as well as outline other elements of the allotment policy.
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Allotment Approval Process
Step 1 – On a first-come, first-served basis, applicants submit a land-use application
requesting a Demolition/Redevelopment Allotment. Once determined “complete”
these applications will be queued for administrative approval (if they fully qualify for
administrative approval). The queuing will reflect the order of applications as
submitted and determined complete. Allotments for each year will be available for
application starting the first business day following January 1st. 2022 allotments
would be available for application on August 8, 2022. It should be noted that a Pre-
Application meeting and resulting summary will be necessary for inclusion in an
application to be deemed “complete”.
Step 2 – If an application is complete, compliant with the review criteria, and an
allotment is available, an administrative Notice of Approval will be issued and
recorded. This approval will be conditioned on compliance with the Residential
Demolition and Redevelopment Standards at demolition and building permit
issuance and the eventual Certificate of Occupancy for the project. This approval
carries a 3-year vesting period – meaning that the project would need to submit for
demolition/building permit within a 3-year period from the date of the administrative
allotment approval.
Step 3 – A project would submit for demolition and building permit within this three-
year vesting period. During permit review, the project would be evaluated for
compliance with the Residential Demolition and Redevelopment Standards in effect
at the time of their Notice of Approval. These projects would also be subject
to any other aspects of the municipal code (Building and Energy codes,
Engineering standards) in effect at the time of permit submission.
Other Necessary Reviews – If a project does not qualify for an administrative review (the
project requests a variation from the redevelopment standards, for example), there is a
path for review with P&Z. Additionally, if a project needs other reviews (example: Stream
Margin Review) an applicant may request to combine other reviews and the allotment
review with P&Z, or they may pursue any other necessary reviews separately.
Multi-Year Allotment Review with City Council – If a compliant project desires an allotment
and the allotments for a given year are utilized, a project may request a multi-year allotment
from City Council. This is an already established review in the LUC (26.470.110.A) that
allows a project to receive an allotment from the next calendar year. There are an
additional set of review criteria under this review that demand a heightened performance
for projects to be considered.
Appeals – Beyond the multi-year allotment procedure, there is an appeals process
outlined in 26.470.160.C for projects that do not receive an allotment in a given year, due
to an insufficient number of allotments. This appeal is considered by City Council who
may take any action deemed necessary, including making a one-time increase to the
annual allotment to accommodate the application.
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Local “set-aside” of allotments
A public comment at the May 23rd Work Session suggested that local residents would be
at a disadvantage in being approved for a Demolition and Redevelopment Allotment. Staff
listened to this concern but feel that the multi-year allotment and appeals process provide
paths for any applicant who is denied an allotment due to insufficient allotments being
available. Staff is not proposing a “set aside” for locals at this time. Staff did respond to
resident comments during the engagement efforts that a scoring process for demolition
projects would make it difficult for locals to compete with developers for an allotment and
was one of the important consideration in the eventual framing of the allotment process.
Projects that would desire to demolish an existing home and then not redevelop
immediately. Councilmember Richards asked a question related to this scenario during
the Work Session that staff did not comprehensively answer. First, there have been
instances, although generally rare, where a home is demolished, the lot revegetated, and
no development is immediately proposed. In the past, these have generally been one-off
evaluations with strict limitations on what could be located (fences, etc.) on the now vacant
lot. In general though, a demolition permit is not issued independently from a building
permit. They are reviewed and issued together. In a circumstance where this were
proposed, a project would still need a Demolition and Redevelopment Allotment, but the
Notice of Approval would be conditioned differently to ensure conformance of any future
development with standards in place at the time of application to develop a site is
submitted.
Residential Demolition and Redevelopment Standards
This document sets the performance standards and expectations for projects that pursue
demolition and redevelopment. It should be noted that while the initial set of standards proposed
for adoption indicate a significant step forward in requirements for project performance during
demolition and in the new building, the amendment process for the standards is intentionally
designed to be able to respond to new best practices and community expectations that may
emerge over time. The moratorium timeline is out ahead of several initiatives being considered
by City departments involved in the development process. Some of these initiatives have been
included in the standards, but the framework and process allows new ideas and requirements to
be easily incorporated over time, with Council review and approval.
Proposed for initial adoption (See Exhibit A for a full presentation):
1) Waste Diversion – participation in the WasteTracking System (Green Halo) that is
currently used by the Pitkin County Landfill, and a requirement to divert a minimum of 35%
of the demolition waste, by weight, through salvage or recycling efforts.
2) Embodied Carbon Reporting – requirements for EPDs (Environmental Product
Declarations) for 50% of the concrete and metal products proposed for the new home. This
process is gaining traction in the industry but is still in its infancy. Staff views this step as
important for data collection and to understand industry progress in the availability of
information on life cycle assessments and embodied carbon reporting on construction
materials.
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3) Energy Reporting – future participation (following completion of the project) in Building
IQ benchmarking requirements.
4) Building Energy Performance – New buildings resulting from a demolition will be subject
to Supplemental Building Code requirements that are attached as an appendix to the
Residential Demolition and Redevelopment Standards. These additional requirements will
all likely be components of the next adoption of Aspen’s building and energy codes (coming
later in 2022) and speak to several areas of building performance, requirements for
electrification readiness, and future compatibility with renewable energy production and
storage.
5) Engineering Water Quality Requirements – this requires that:
“Runoff from 50% of the site impervious area shall be treated in above grade sustainable
BMPs (best management practices) such as bioretention areas, pervious pavers, tree
canopy, grass buffer or other approved above grade BMPs as outlined in the URMP. 50%
of the site’s impervious area is permitted to be treated in subsurface BMPs.”
Affordable Housing Mitigation
In November of 2021, staff proposed Ordinance 24, which is currently tabled following Council
discussion in December of 2021. The ordinance proposed to include the floor area of basements
and garages and eliminate the credit for existing floor area (in redevelopment scenarios that
trigger Demolition) in the calculation of affordable housing mitigation. Following public comment
and Council discussion, Council tabled the ordinance and gave direction to staff to engage with
consultants on an updated employee generation study – and to work on new standards for the
mitigation deferral agreement for locals that pursue projects that require mitigation.
In the calculation of the mitigation requirements for a project, there are three primary variables:
1) What counts? This is where staff is proposing the most significant change.
2) The Employee Generation Rate – this is based on employees generated (FTEs) per
1000 square feet of construction activity. This will likely have minimal change from the
current code due to the update to the generation study. This number is estimated using
national and local data to arrive at the number of employees generated during construction
and in the long-term maintenance and operations of a building.
3) The Mitigation Rate – this has generally reflected the community’s expectation about
what portion of the employee’s generated by a project should be mitigated for.
Conceptually, this asks what portion of the project’s employees should be housed in
Aspen. There have been many answers to this question over the years. Today, this type
of residential development has mitigated at 100%. Commercial and Lodge development
mitigates at 65%. On May 23rd, staff asked Council for their direction on the residential
mitigation rate. Unanimously, Council supported the continuation of the 100% mitigation
rate for single-family and duplex residential development and redevelopment.
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Staff requests Council provide direction to staff on these three primary variables and how they
result in an overall approach to affordable housing mitigation.
Single-Family and Duplex Mitigation Requirements: Staff is continuing to work with our
consultants to finalize and review for legal sufficiency the update to the 2015 Employee
Generation Study. We have received the calculations and estimates for Employee Generation as
a result of the consultant study. These findings are found in spreadsheets included as Exhibit H.
A full report on the findings is forthcoming and will be presented at Second Reading. Based on
these findings, staff will continue to propose the inclusion of basements, garages and vertical
circulation elements into the calculation of affordable housing mitigation requirements.
Additionally, staff has included the necessary code adjustments to eliminate the credit for existing
floor area in demolition and redevelopment scenarios. Council could expect these code changes
to a have the following effect:
Scenario: An existing home with 2,000 square feet of Floor Area (current floor area calculation)
is Demolished. A new home is redeveloped with 3,240 square feet of Floor Area (current code
with exempted basement and garage), but with a total square footage of 7,500 square feet that
includes the basement and garage.
Current Code that includes credit for existing floor area and exempts basements and garages
= 0.20 FTE
Also, to provide additional context, it is important to consider the mitigation requirements that were
present prior to the 2015 study. Prior to 2015, the calculation of a home’s size for mitigation
purposes was consistent with how it is now – the use of a net floor area calculation that excluded
basements, garages, stairs and provided credit for existing Floor Area. However, the mitigation
structure was completely different. The idea was that for every 3,000 square feet of net floor area,
a home would provide 1 FTE of a “moderate income employee” (an average of Cat 2/Cat 3).
Please look to the table below for further illustration of these dynamics that compare two previous
mitigation systems with the one now proposed by staff. The Proposed Methodology column in
the table below includes the maximum estimate of Employee Generation in RRC and Associates
findings.
Scenario:
2,000 sf - existing home demolished, net Floor Area
3,240 sf – new home, net Floor Area
7,500 sf – new home, mitigation floor area – includes basement and garage
2013
Methodology
& 2013 FIL
2013
Methodology
& current FIL
2015
Methodology
& current FIL
Proposed
Methodology &
current FIL
Square Footage on which mitigation
is based 1,240 1,240 1,240 7,500
Employee Generation
per 1000 sf 0.33 FTE 0.33 FTE .16 FTE .184 FTE *
Total Mitigation Requirement (FTE) 0.41 FTE 0.41 FTE 0.20 FTE 1.38 FTE*
Total AH Mitigation (based on FIL) $96,235 $154,345 $75,295 $519,535*
AH Mitigation per square foot $77.60 $124.47 $60.72 $69.27*
* These numbers are based on total employee generation rate based on construction, and
operation and maintenance. See below for further discussion.
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The proposed change does not drastically change the employees that a square foot generates,
instead, it would reflect a policy change about what square footage counts towards the calculation.
In the Proposed Methodology, the primary difference is the inclusion of subgrade and garages in
the calculation of mitigation and the elimination of the credit for existing floor area. In the proposal,
using this scenario, a 7,500 square foot home would be calculated in total – rather than that same
house be calculated at the 1,240 sf calculated using previous versions of mitigation requirements
in the Code.
In the recently updated employee generation study, the calculations conducted by our consultant,
RRC, show the FTEs generated by Construction at 0.081 FTE / 1000 square feet. For
Operations and Maintenance; 0.103 FTE / 1000 square feet. In total, the combined FTE
generation is 0.184 FTE / 1000 square feet. From this study, the eventual employee generation
rate adopted in the code could be no greater than 0.184 FTE, but it could be less. Staff is fully
confident in the work conducted by RRC, but there may be reasons to not use the maximum
generation amounts:
1) The other levers of mitigation (What we count, mitigation rate at 100%, an updated FIL)
are situated at the maximum.
2) The generation estimate is sound but is based on general, rather than property specific
data – using only a portion of the O&M would account for the variability between
properties in the services that they use.
3) As we are proposing to eliminate the credit for existing FA in redevelopment
scenarios – using only a portion of O&M resolves the concerns about homes that
have previously mitigated.
4) We are not proposing a phased approach to the implementation. Upon the ending of the
moratorium, all projects would be subject to these new requirements – and the size of the
increase from current requirements raises a question about reasonableness.
Using the same scenario describe above, here are some potential choices for setting the
employee generation rate:
What to Include from Generation
Calculation Generation Rate Mitigation in
FTE
Mitigation in
current FIL
Increase from
Current
100% Construction and 0% O&M .081 FTE / 1000 sf .60 FTE $228,709 3X
100% Construction and 25% O&M .107 FTE / 1000 sf .80 FTE $299,297 4X
100% Construction and 50% O&M .133 FTE / 1000 sf 1.0 FTE $376,475 5X
100% Construction and 100% O&M .184 FTE / 1000 sf 1.38 FTE $519,535 7X
Note: Current mitigation rate is .16 FTE / 1000 sf. The majority of the increase from the current mitigation
requirements is related to the inclusion of basements and the elimination of the credit for existing floor area.
Staff will discuss this entire topic in more detail during First Reading – as there is clear recognition
that this a complex set of issues. Council is requested to provide direction on their desires related
to the employee generation rate.
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HPC Review and intersection with Administrative Affordable Housing Review
At the Work Session on May 23rd, Council provided clear direction that their desire was to make
the review of compliant 100% affordable housing projects as streamlined as possible, while
continuing to acknowledge the importance of HPC’s design review authority. Staff, working
internally, drafted a proposal for HPC’s consideration and met with HPC on June 2nd to discuss.
HPC unanimously agreed with staff’s proposal:
1) For projects that are located in a historic district or on parcels that are designated
historic, but do not contain a historic resource, HP staff and an assigned HPC monitor will
review the project administratively on a focused set of criteria from the Historic Preservation
Design Guidelines. A single notice of approval would be issued that combined the HP
design approval with the other aspects of the 100% affordable project.
2) For projects that contain a historic resource, and if the project design proposes any
new construction as detached from the resource, a limited one-step review with HPC, prior
to the administrative review for the otherwise compliant 100% affordable project would
occur. This review by HPC would be limited to evaluating:
• any necessary relocation of the historic resource
• any proposed demolition of non-historic additions to the resource
• requirements for preservation efforts of the resource
• HPC review will not include consideration of unit count, height, mass and scale, or
other items which may overlap with the review for compliance with underlying
zoning.
With approval from HPC on this limited set of criteria, the administrative review of the other
elements of the 100% AH project would commence. In this review, HPC would not be able
to grant a Floor Area bonus or any variations to the new construction.
CONCLUSION AND NEXT STEPS:
After several months of planning, formulating contracts and scopes of work with consultants,
accumulating data, evaluating best practices from other communities, working through the layered
complexities of Aspen’s Land Use Code, and listening to the input from citizens and our technical
stakeholders, staff believes that the proposed Ordinances respond to the issues that resulted in
the declaration of the moratorium. We have been thoughtful throughout the process of being as
faithful as possible to the intentions of Aspen Area Community Plan and Aspen’s climate
commitments and goals.
While these proposed changes feel in many ways as a conclusion to this process, most likely,
they are just the beginning. Staff is already assembling a program of additional changes that are
not necessary to do now under the moratorium, but that are important next steps that have been
identified in our research, analysis, and thoughtful observations coming from the engagement
process.
The narrative presented above is a comprehensive discussion of the proposed amendments to
the Land Use Code, as drafted by staff. There will be some minor changes to the draft language
between First and Second Reading as we make sure that ideas are aligned and that there has
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not been any unintentional drifting away from the intent of important provisions in the code.
Otherwise, the main ideas of the policy response are proposed, and the draft amendments would
implement these changes.
As part of the First Reading discussion, staff is prepared to provide any further information as
requested by Council during the conversation. Additionally, staff and our consultant team can
assemble requested information or possible alternatives for consideration at Second Reading.
However, as staff views the realities of the timelines under which we are operating, there are limits
to the scale of changes to the proposed policy direction or code amendments that could be
implemented and still have the resulting Ordinances be in effect prior to the expiration of the
moratorium.
RECOMMENDATIONS:
Staff recommends the Reading and Approval of Ordinances #13 and #14 on First Reading and
that Second Reading be set at the regular meeting on June 28, 2022. Note: The Ordinances
need to be considered and any related motions be made separately.
EXHIBITS:
A – Residential Demolition and Redevelopment Standards
B – 26.470 – Growth Management Quota System – Redline edits
C – 26.580 – Demolition – Redline edits
D – 26.710 – Zone Districts – Redline edits
E – Multiple Code Sections, supporting amendments – Redline edits
F – 26.470.050, Fee-in-Lieu update – Redline edits and Methodology for the increase
G – Graphic, Alignment with Aspen Area Community Plan (AACP)
H – Spreadsheets for RRC Associates documenting Employee Generation Calculations
I – Work Session Memo, May 23, 2022
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ORDINANCE #13
SERIES OF 2022
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CITY OF ASPEN LAND
USE CODE SECTIONS: 26.104.100, DEFINITIONS; 26.210 COMMUNITY DEVELOPMENT
DEPARTMENT; 26.212, PLANNING AND ZONING COMMISSION; 26.312, NON-
CONFORMITIES; 26.316, APPEALS; 26.430, SPECIAL REVIEW; 26.470, GROWTH
MANAGEMENT QUOTA SYSTEM; 26.540, CERTIFICATES OF AFFORDABLE HOUISNG
CREDIT; 26.575.020, CALCULATIONS AND MEASUREMENTS; AND 26.710, ZONE
DISTRICTS; AND THE CREATION OF A NEW SECTION, 26.580, DEMOLITION.
ADDITIONALLY, THIS ORDINANCE ADOPTS THE RESIDENTIAL DEMOLITION AND
REDEVELOPMENT STANDARDS AS IDENTIFIED IN SECTION 26.580, DEMOLITION.
WHEREAS,the City of Aspen (the "City") is a legally and regularly created, established,
organized, and existing municipal corporation under the provisions of Article XX ofthe Constitution of
the State of Colorado and the Home Rule Charter forthe City (the "Charter"); and,
WHEREAS, the zoning and land use powers conferred upon the City by the State of Colorado
as a Home Rule Municipality empower the City to manage land use to ensure the public health, safety,
and welfare; and,
WHEREAS,the City of Aspen currently regulates land uses within the City limits in
accordance with the Aspen Land Use Code (hereinafter "Land Use Code"), Title 26 of the Aspen
Municipal Code, adopted pursuant to its Home Rule Constitutional authority and the Local Government
Land Use Control Enabling Act of 1974,asamended, §§29-20-101,etseq.C.R.S; and,
WHEREAS,the character of certain development activities in the City of Aspen is having a
negative impact upon the health, peace, safety, and general wellbeing of the residents and visitors of
Aspen; and,
WHEREAS,recent land use applications seeking Development Orders in various City Zone
Districts do not appear to be consistent with the goals and vision as expressed by the 2012 Aspen Area
Community Plan, including:
We must pursue more aggressive measures to ensure the needs ofthe community are met, and to
preserve our unique community character. (pg 20); and
1.1. Achieve sustainable growth practices to ensure long-term vitality and stability of our
community and diverse visitor-based economy. (pg 24); and
V.1. Encourage a commercial mix that is balanced, diverse and vital and meets the needs of
year-round residents and visitors. (pg 26); and
V.2. Facilitate the sustainability of essential businesses that provide basic community needs. (pg
26); and
V.3.Ensure that the City Land Use Code results in development that reflects our architectural
heritage in terms of site coverage,mass,scale,density and a diversity of heights,in order to:
o Create certainty in land development.
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o Prioritize maintaining our mountain views.
o Protect our small-town community character and historical heritage.
o Limit consumption of energy and building materials.
o Limit the burden on public infrastructure and ongoing public operating costs.
o Reduce short -and long-term job generation impacts, such as traffic congestion
and demand for affordable housing. (pg 26);
and,
WHEREAS, the City of Aspen depends on a lived-in community of year-round locals to
support community culture, provide labor and capital to support the local economy, ensure public
safety and peace through the presence of first responders, health care and essential service workers in
the community, and ensure the long-term viability ofthe community and tourist economy; and,
WHEREAS, due to unprecedented increases inhome prices and a lack of supply over time,the
residential real estate market in Aspen no longer delivers meaningful housing for local residents,
therefore, the affordable housing system is relied upon to provide the vast majority of housing for
locals and workers; and,
WHEREAS, the availability of housing for local workers and residents including first
responders, health care workers, and other essential service workers is diminishing, the system for
delivering affordable housing is not keeping pace with need, and the housing market in the region and
state of Colorado are in crisis; and.
WHEREAS, recent evolutions in the residential real estate market and economy, including
new financial dynamics, the proliferation of short-term rentals, have rendered elements of the Land Use
Code inadequate to respond to local affordable housing needs; and,
WHEREAS, the current regulatory structure to deliver affordable housing to the community is
inadequate to meet the needs of current residents and provide affordable housing to meet the future
needs, and to ensure the presences of firstresponders, health care and essential workers, and anadequate
labor force to support the economy; and,
WHEREAS, the Aspen Area Community Plan includes policies directing the City of Aspen to
address affordable housing in the community, including:
VIII.I.Restore public confidence in the development process. (pg 27)
VIII.2. Create certainty in zoning and the land use process. (pg 27)
VIIl.3. Ensure that the Planned Development process results in tangible, long-term
community befits and does not degrade the built or natural environment through mass
and scale that exceeds the Land Use Code standards. (pg 27)
II.I. The housing inventory should bolster our socioeconomic diversity. (pg 4I)
II.2. Affordable housing should be prepared for the growing number of retiring
Aspenites. (pg 4I)
IV.2. All affordable housing must be located within the Urban Growth Boundary. (pg 42)
IV.3. On-site housing mitigation ispreferred. (pg 42)
IV.5. The design of new affordable housing should optimize density while
demonstrating compatibility with the massing, scale, and character ofthe neighborhood;
(pg42); and,
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WHEREAS,a functional residential housing sector is essential to sheltering Aspen's
populations, supporting a stable economy, maintaining the health, peace and safety of the City of
Aspen for its residents and visitors; and,
WHEREAS,the City of Aspen recognizes that anthropogenic climate change and the impacts
to the ecological and economic health of the community constitutes an emergency and a threat to the
health and safety of the residents ofthe City of Aspen and the global community; and,
WHEREAS, the City of Aspen is a signatory to the US Mayors' Climate Protection Agreement,
the Chicago Climate Exchange, and the Global Covenant of Mayors for Climate and Energy, and
WHEREAS,the City committed to the Race to Zero campaign, requiring the City to publicly
endorse the following principles:
Recognize the global climate emergency.
Commit to keeping global heating below the 1.5°Celsius goal ofthe Paris Agreement.
Commit to putting inclusive climate action at the center of all urban decision-making,
to create thriving and equitable communities foreveryone.
Invite our partners -political leaders,CEOs,trade unions,investors, and civil society -
to join us in recognizing the global climate emergency and help us deliver on science-
based action to overcome it;and,
WHEREAS,the City has adopted an Ecological Bill of Rights establishing ten inalienable
ecological rights for all, including:
The right to ensure the efficient use of energy and of natural resources,
The right to expect from our governments active and consistent enforcement of land use
and development regulations; and,
WHEREAS, the Aspen Area Community Plan includes policies directing the City of Aspen to
address climate change and environmental stewardship, including:
I.1.By 2020, reduce the carbon footprint of the Aspen Area from 2004 levels by 30% (to
588,612.5 tons C02-e). (pg 52)
I.2.All existing development and uses should minimize their greenhouse gas emissions.
(pg 52)
I.3.Incentivize alternative forms oftransportation to reduce reliance on fossil fuels. (pg 52)
I.4.All new development and uses should minimize their greenhouse gas emissions. (pg 52)
II.3. All existing development and uses should minimize their air pollution emissions.
(pg 52)
II.4.All new development and uses should minimize their airpollution emissions. (pg 52)
IV.1. Maximize recycling, implement waste reduction and environmentally responsible
purchasing programs, and encourage behavior that moves the Aspen Area toward being a
zero-waste community and extends the life ofthe landfill. (pg 53)
IV.4. Increase the practice of deconstruction and increase the amount of materials that are
diverted fromthe landfill, reused orrecycled. (pg53)
V.4.Require new development and redevelopment to minimize their energy usage and use on-
site renewable energies asthe siteallows. (pg 53)
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V.5.Existing development should minimize energy usage and use on-site renewable energies
asthe site allows; (pg 53); and,
WHEREAS, residential development contributes to climate change through transportation
required to construct and service residential properties, the energy and impacts inherent in creating and
sourcing the materials necessary for residential development, the natural resource consumption required
for the operation of residential structures, and the production of solid waste and associated disposal
impacts fromthe construction and operation ofresidential structures; and,
WHEREAS,the City's current residential development regulations are not sufficiently aligned
with its adopted climate and environmental protection policies and regulations, undermining the
community's ability to effectively reduce greenhouse gasemissions and avoid the worst effects ofclimate
change; and,
WHEREAS,a pause in certain types of residential development is necessary in order to
ensure that residential development supports the City's adopted climate and environmental policies and
doesnot unnecessarily contribute to further climate and environmental impacts; and,
WHEREAS,the processes and procedures described in the Land Use Code, including but not
limited to Chapter 26.300 determine how development is reviewed and permitted in the City; and,
WHEREAS,those processes and procedures are designed to balance the right to the use of
private real property in the City with community input and preservation of history and character to
ensure the orderly use of land within the City limits; and,
WHEREAS,in certain circumstances, those processes and procedures are not delivering the
development outcomes described in the AACP or Land Use Code, warranting a pause to certain
residential development applications to align those processes and procedures with adopted community
policies; and,
WHEREAS,the community has a Growth Management Quota System (GMQS) designed to
manage the pace, type, location, and extent of development. That system was developed prior to recent
evolutions in Aspen's development environment including the proliferation of private vacation rentals,
current trends in development finance and ownership, and the further build-out of Aspen's zone districts.
To provide forthe ongoing viability of the GMQS system, it is necessary to assess the applicability and
effectiveness of GMQS relative to adopted City policies in the context of the pause on residential
development established by this ordinance; and,
WHEREAS,the City Council and the Community Development Department require a period of time
in which to review all existing land use codes and regulations as they affect land use development in
certain Zone Districts within the City of Aspen to ensure that all land use development proceeds in a
manner that isconsistent with the Aspen Area Community Plan; and,
WHEREAS,the City Council desires that the staff of the Community Development Department
conduct a thorough analysis and assessment of the Land Use Code and regulations affecting the
development of land within certain Zone Districts of the City of Aspen, with particular attention to
zoning, Growth Management Quota System, affordable housing, solid waste,environmental
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stewardship, climate action, development review procedures, calculations and measurements, and
related regulations to ensure consistency with the Aspen Area Community Plan and Climate Action Plan;
and,
WHEREAS,a moratorium through an emergency ordinance on all development applications
will enable areasoned discussion and consideration ofdesired amendments to the Land Use Code without
creating a rush of development applications and the related impacts upon the community; and,
WHEREAS,Ordinance #24, Series of 2021, which proposed changes to the calculation of
affordable housing mitigation was tabled by Council and had not been enacted; and,
WHEREAS,in Ordinance #06, Series of 2022, The Aspen City Council by a vote of 5-0 approved
a temporary moratorium through June 8, 2022, on the acceptance of any new land use application seeking
a development order or notice of approval, and on the acceptance of certain building permit applications
for all residential uses in all zone districts within the city; and declaring an emergency; and,
WHEREAS, Policy Resolution #043, Series of 2022, approved by Council on March 22, 2022
during a properly noticed public hearing, provided direction to staff to pursue amendments of the
Land Use Code to “support the development of more affordable housing in Aspen” and “Align land
use review processes with community development needs, including affordable housing, and the
mitigation of the community impacts from free-market development” among other objectives; and,
WHEREAS, in Ordinance #08, Series of 2022, The Aspen City Council, by a vote of 5-0
approved, an extension of the temporary moratorium through August 8, 2022; and,
WHEREAS, in response to Council direction and approval, Community Development staff has
engaged a Consultant support team that includes Design Workshop, City Explained, Inc., White and Smith
Planning Group, RRC Associates, and Economic and Planning Systems (EPS); and,
WHEREAS, throughout the duration of the moratorium, staff and the consultant team carried out
an extensive public engagement effort to inform the public and receive input from stakeholders. A
summary of these efforts was presented to Council at a Work Session on May 9, 2022; and,
WHEREAS,in response to Council direction, recommendations from the consultant team, and
input from the community, including technical stakeholders, staff has drafted proposed amendments
throughout the Land Use Code in support of the Policy Resolution and Council’s desired outcomes of the
temporary moratorium as identified in Ordinance #06, Series of 2022; and,
WHEREAS, Community Development staff provided public engagement opportunities, and held
discussion with the Planning and Zoning Commission on June 7, 2022 and received recommendations from
the Planning and Zoning Commission; and,
WHEREAS, at a regular meeting on June 14, 2022 City Council by an X – X (X-X) vote, approved
Ordinance #13, Series of 2022 on First Reading; and,
WHEREAS,at a regular meeting on June 28th, during a properly noticed public hearing, City Council
by a X -X (X-X), approved Ordinance #13, Series of 2022 on Second Reading; and,
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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:
The following definitions in Land Use Code Section 26.104.100. Definitions shall and adopted as
follows:
26.104.100.Definitions.
As used in this Code, unless the context otherwise requires, the following terms shall be defined as
follows:
100% Deed-Restricted Affordable Housing. Housing Residential projects where all the dwelling
units are subject to a recorded deed-restriction with the deed restricted affordable by the Aspen Pitkin
County Housing Authority. The units may be Category units, Resident Occupied (RO) units, or some
combination thereof.
Affordable Housing. A dwelling unit or units subject to the size, type, rental, sale and occupancy
restrictions and guidelines for affordable housing adopted by the City as part of the Affordable Housing
Guidelines and Chapter 26.470, Growth Management Quota System.
Deconstruction. The systematic dismantling of a structure in order to maximize the salvage of
materials and parts for reuse and recycling. Deconstruction is undertaken as part of the Demolition of
Destruction of a building or structure.
Demolition.To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing
structure (prior to commencing development) as defined and described in Section 26.580. For the
method of determining demolition, see Section 26.580.040, Measurement of demolition. Demolition
shall also include the removal of a dwelling unit in a multi-family or mixed-use building, its conversion
to nonresidential use, or any action which penetrates demising walls or floors between Multi-Family
Housing Units if such action is undertaken to combine the units. (See Section 26.470.070.5, Demolition
or Redevelopment of Multi-Family Housing)
Destruction. To remove, disassemble, tear down or destroy portions of a building or structure where
the proposed scope does not exceed 40% Demolition as defined by Section 26.580 - Demolition.
Development. Theuse or alteration of land or land uses and improvements inclusive of, but not limited
to: 1) the creation, division, alteration or elimination of lots; or 2) mining, drilling (excepting to obtain
soil samples or to conduct tests) or the construction, erection, alteration, Redevelopment, destruction,
or Demolition of buildings or structures; or 3) the grading, excavation, clearing of land or the deposit
or fill in preparation or anticipation of future development, but excluding landscaping.
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Diversion. Any activity, including recycling, source reduction, reuse, deconstruction, or salvaging of
materials, which causes materials to be diverted from disposal in landfills and instead puts the material
to use as the same or different usable product.
Dwelling, Affordable housing. A dwelling unit or units subject to the size, type, rental, sale and
occupancy restrictions and guidelines for affordable housing adopted by the City as part of the
Affordable Housing Guidelines and Chapter 26.470, Growth Management Quota System.
Dwelling, Free market. A dwelling unit not subject to the construction, occupancy or other
regulations adopted by the City or its housing designee under the City's affordable housing program.
Dwelling, multi-family. A residential structure containing three (3) or more attached or detached
Dwelling Units, not including hotels and lodges, but including townhomes, that may include 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 a Mixed-Use 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
Residential Dwellings.
Floor area. A general term used to describe the sum total of the gross horizontal areas of each story
of the building measured from the exterior walls of the building. Floor Area is distinct from the specific
definitions below, but may include Gross Floor Area, Mitigation Floor Area, Allowable Floor Area
(see specific definitions of each type below for additional clarity. Also see, Supplementary
Regulations — Section 26.575.020, Calculations and measurements.
Floor Area, Allowable. –The total amount of floor area allowed on a property based on the
limitations and allowances in the applicable zone district in Title 700 and calculated pursuant
to Section 26.575.020.D, Calculations and Measurements.
Floor Area, Gross. Gross floor area is gross horizontal area of all floors in a building, and of
all floors in any accessory structure on the same lot, measured from the exterior face framing
of the exterior walls (See Section 26.575.020.D), or the centerline of a common wall separating
two buildings, but excluding unenclosed balconies. This floor area measurement is the total
floor area in which Mitigation Floor area and Allowable floor area exclusions are deducted
from as established in Section 26.575.020.D.2.
Floor Area, Mitigation – The Gross Floor Area of a structure minus exclusions included in
Section 26.575.020.D. This floor area measurement is used to assess required affordable
housing mitigation for a given project.
Floor Area, Non-unit space.The 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.D.14 – Calculations and Measurements.)
Floor area ratio (FAR). The total floor area of all structures on a lot divided by the lot area.
Floor area ratio, external. The total floor area of all structures compared to the total area of
the building site.
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Floor area ratio, internal. The floor area within a building devoted to a particular use,
compared to the total floor area of the building.
Free-market unit. A dwelling unit not subject to the construction, occupancy or other regulations
adopted by the City of its housing designee under the City’s affordable housing program.
Four-plex. A multifamily housing project consisting of four, attached or detached units.
Gross floor area. For the purposes of calculating non-unit space, gross floor area it 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.
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.)
Reconstruction. To demolish and rebuild an existing structure or part of a structure in kind.
Redevelopment. The replacement, rehabilitation, repurposing, remodel, or addition to pre-existing
structures or uses on a parcel where the scope of work exceeds the 40% Demolition (as defined by this
title). Redevelopment is distinct from Development in that Development may occur without triggering
Demolition, where Redevelopment is only applicable when Demolition has been triggered.
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, including 3 or more attached or detached dwelling units;
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 (3) 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 by or nonworking residents.
Salvage. The controlled removal of items and material from a building, construction, or demolition site
for the purpose of on- or off-site reuse, or storage for later reuse. The salvaging of materials is one
method of meeting waste diversion requirements.
Source separated recyclable materials. The recyclable materials that are separated from other
recyclable materials or solid waste and placed in separate containers according to type or category of
materials and directly marketed as a single commodity.
Tri-plex. A multifamily housing project consisting of three, attached or detached units.
26.104.110. Use Categories.
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Residential use.
Characteristics A dwelling unit used or intended for use exclusively for dwelling purposes,
not including hotels or lodges, which is occupied by a single resident, family
or household.
Examples Residential uses and configurations include the following categories:
1. detached residential dwellings,
2. attached residential dwellings, duplex dwellings,
3. multi-family dwellings, residential multi-family housing, which refers to
any of the following configurations: multi-family dwelling unit(s)
located in an exclusively residential building, a multi-family dwelling
unit(s) located in a mixed-use building, or detached buildings containing
three (3) or more detached residential dwellings where permitted by the
zone district, and
4. Home occupation: principally residential buildings that includes a
business, occupation or trade conducted principally within the dwelling or
accessory structure, allowed only as an accessory use, and occupied on a
full time basis by a person who is employed by the commercial use. (See
also section 26.575.090, Home Occupations.)
In addition, residential uses are further divided into affordable housing and
free market units for purposes of the Growth Management Quota System
(Chapter 26.470) and the disposition of units by location or floor area in the
applicable zone district.
Accessory Uses Accessory uses may include parking, and garbage, trash and recycling areas
consistent with City Code Chapter 12.04.
Accessory uses commonly found include parking of the occupants' vehicles,
home occupations, accessory dwelling units, and short-term rentals only
where allowed by the applicable zone district, and may be subject to
additional regulations.
Exceptions Uses classified as Hotel (Lodge) uses, bed and breakfast, dormitory,
boardinghouse.
Section 2:
Land Use Code Section 26.210.020.B. Director of Community Development Department shall be
rescinded and readopted as follows:
26.210.020.Director of Community Development Department.
B.Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which
may be conferred upon the Community Development Department Director by other provisions of this
Code, the Community Development Department Director shall have the following jurisdiction,
authority and duties:
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1. To serve as staff to the City Council, to provide such body with planning and technical
assistance and to inform such body of all facts and information available with respect to
development applications or any other matters brought before it;
2. To serve as staff to the Planning and Zoning Commission, to provide such body with planning
and technical assistance and to inform such body of all facts and information available with
respect to development applications or any other matters brought before it;
3. To serve as staff to the Historic Preservation Commission, to provide such body with planning
and technical assistance, to inform such body of all facts and information available with respect
to development applications or any other matters brought before it and to inform such body
regarding historic preservation items being heard by other City boards in advance of those
hearings;
4. To serve as staff to the Board of Adjustment and other decision-making bodies established by
this Title and to inform such bodies of all facts and information available with respect to
development applications or any other matters brought before it;
5. To serve as staff to the Administrative Hearing Officer, to provide such officer with planning
and technical assistance and to inform such officer of all facts and information available with
respect to appeals of decisions made by an administrative official or any other matters brought
before it;
6. To render interpretations of this Title or the boundaries of the Official Zone District Map
pursuant to Chapter 26.306;
7. To enforce any provision of this Title or any other provision of this Code;
8. To establish such rules of procedure necessary for the administration of the Community
Development Department Director's responsibilities;
9. To exempt development within an H, Historic Overlay District in accordance with Chapter
26.415;
10. To approve minor modifications to a development order for development or demolition within
an H, Historic Overlay District in accordance with Chapter 26.415;
11. To exempt development in an environmentally sensitive area (ESA) in accordance with Chapter
26.435;
12. To exempt development which is subject to special review in accordance with Chapter 26.430;
13. To make determinations of exemptions from the growth management quota system (GMQS),
pursuant to Chapter 26.470;
14. To approve, approve with conditions or deny development subject to GMQS administrative
approval in accordance with Chapter 26.470;
15. To approve development subject to subdivision administrative approval in accordance with
Chapter 26.480;
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16. To approve development subject to Planned Development administrative approval in
accordance with Chapter 26.445;
17. To undertake all general comprehensive planning responsibilities;
18. To initiate amendments to the text of this Title or to the Official Zone District Map, pursuant
to Chapter 26.310;
19. To administer the land use application fee policy, to bill applicants according to said policy, to
take such actions deemed necessary in withholding development orders or issuing stop work
orders upon nonpayment of review fees and to waive any fees or portions thereof, upon request
according to said policy;
20. To approve, approve with conditions or deny development subject to Chapter 26.520,
Accessory Dwelling Units and Carriage Houses;
21. To extinguish a transferable development right in accordance with Chapter 26.535;
22. To issue and extinguish Affordable Housing Certificates in accordance with Chapter 26.540;
and
23. To assist and staff all aspects of the Master Planning process in accordance with Chapter
26.311.
24. To approve, approve with conditions, or disapprove an application for Administrative Public
Project review, pursuant to Chapter 26.500, and to determine if a private development application
is eligible for Public Project Review, pursuant to Section 26.500.040.D.
(Ord. No. 55-2000, §1; Ord. No. 54-2003, §3; Ord. No. 12-2007, §5; Ord. No.31-2012, §3; Ord. No.
36-2013, §7; Ord. No. 46-2015, §4)
Section 3:
Land Use Code Section 26.212.010. Planning and Zoning Commission shall be rescinded and
readopted as follows:
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 recommendations of approval, approval with conditions, or disapproval to
the City Council on a Planned Development Project Review and to approve, approve with conditions,
or deny Planned Development Detailed Review, pursuant to Chapter 26.445 – Planned Development;
F.To review and grant allotments for residential, office, commercial and lodge pursuant to growth
management quota system (GMQS), pursuant to Chapter 26.470;
G.To hear, review and recommend approval, approval with conditions or disapproval of a plat for
subdivision, pursuant to Chapter 26.480;
H.To hear and approve, approve with conditions or disapprove conditional uses pursuant to
Chapter 26.425;
I.To hear and approve, approve with conditions or disapprove development subject to special
review, pursuant to Chapter 26.430;
J.To hear and approve, approve with conditions or disapprove development in environmentally
sensitive areas (ESA), pursuant to Chapter 26.435;
K.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,
County, State or the federal government;
L.To adopt such rules of procedure necessary for the administration of its responsibilities not
inconsistent with this Title;
M.To grant variances, not including variances to allowable FAR or height, from the
provisions of this Title when a consolidated application is presented to the Commission for
review and approval pursuant to Chapter 26.314;
N.To grant variances from the provisions of this Title when a consolidated application is presented
to the Commission for review and approval pursuant to Chapter 26.314;
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 26.410, 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; and
Q.To hear, review and approve, approve with conditions or disapprove an application for Public
Projects Review, pursuant to Chapter 26.500.
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R.To hear, review and approve, approve with conditions or disapprove an application appealing
the Community Development Directors determination that Demolition has been triggered pursuant to
Chapter 26.580.
(Ord. No. 41-2002, §1; Ord. No. 50a-2005, §3; Ord. No. 12-2007, §6; Ord. No. 31-2012, §4; Ord. No.
36-2013, §8; Ord. No. 46-2015, §§ 5&6)
Section 4:
Land Use Code Sections 26.312.020.G; 26.312.030.F; and 26.312.070. Non-Conformities shall be
rescinded and readopted as follows:
26.312.020.Nonconforming uses.
G.Demolition or destruction.
1. Ability to restore. Any nonconforming use located in a structure which is purposefully
demolished, pursuant to the definition of Demolition, may not be continued or restored. Any
nonconforming use located in a structure undergoing construction, which does not constitute a
demolition, has an approved development order, and an approved building permit shall not be
considered discontinued.
2. Nonwillful destruction. Any nonconforming use which is demolished or destroyed by an act
of nature or through any manner not purposefully accomplished by the owner may be restored
as of right, regardless of the extent of demolition or destruction, if a building permit for
reconstruction is submitted within twenty-four (24) months of the date of demolition or
destruction.
(Ord. No. 55-2000, §§2, 3; Ord. No. 12, 2007, §§15, 16; Ord. No.7, 2014, §13)
26.312.030.Non-conforming structures.
F. Ability to restore.
1. Non-purposeful destruction. Any nonconforming structure, or portion thereof, which is
demolished or destroyed by an act of nature or through any manner not purposefully
accomplished by the owner, may be restored as of right if a building permit for reconstruction
is submitted within twenty-four (24) months of the date of demolition or destruction.
2. Purposeful destruction. Any nonconforming structure, or portion thereof,which is purposefully
demolished or destroyed may be replaced with a different structure only if the replacement
structure is in conformance with the current provisions of this Title or unless replacement of
the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review.
Any structure which is nonconforming in regards to the permitted density of the underlying
zone district may maintain that specific nonconformity only if a building permit for the
replacement structure is submitted within twelve (12) months of the date of demolition or
destruction.*
a. Density Replacement. A duplex or two single-family residences on a substandard
parcel in a zone district permitting such use is a nonconforming structure and subject to
nonconforming structure replacement provisions. Density on a substandard parcel is permitted
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to be maintained but the structure must comply with the dimensional requirements of the Code
including single-family floor area requirements.
(Ord. No. 1-2002, § 6 [part]; Ord. No. 9-2002, § 5; Ord. No. 35-2004, § 1; Ord. No. 7-2008, § 1; Ord.
No. 6-2018)
26.312.070. Affordable Housing .
Any Non-Conforming use or structure in which 100% of the structure, or units, are currently or
proposed to be deed restricted, in accordance with APCHA Guidelines, shall be exempt from the
provisions of this chapter.
Section 5:
Land Use Code Section 26.316.020.C. Appeals shall be rescinded and readopted as follows:
26.316.020.Authority.
C.Planning and Zoning Commission. The Planning and Zoning Commission shall have the
authority to hear and decide the following appeals:
a.An adverse determination by the Community Development Director on an application for
exemption pursuant to the Growth Management Quota System in accordance with Subsection
26.470.060.D. of this Title.
b. An adverse determination by the Community Development Director that a project triggers
Demolition pursuant to Section 26.580.
Section 6:
Land Use Code Section 26.430.030; 26.430.040.B; and 26.430.040.J. Special Review shall be
rescinded and readopted as follows:
26.430.030.Applicability.
Special review shall apply to all development in the City designated for special review by the following
chapters or sections of this Title:
Dimensional requirements (Chapter 26.710 — Zone Districts)
Replacement of nonconforming structures (Chapter 26.312)
Reduction of open space requirements in CC Zone District (Subsection 26.575.030.B)
Off-street parking requirements (Section 26.515.040)
Reductions in the dimensions of utility and delivery service area provisions (Section
26.575.060.B)
Subdivision standards (Section 26.480.050)
Accessory Dwelling Unit Design Standards (Chapter 26.520)
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Wireless telecommunications facilities and/or equipment (Section 26.575.130)
Affordable housing unit standards (Section 26.470.070.4)
Variations to the Residential Demolition and Redevelopment Standards (Section 26.580.090)
(Ord. No. 44-1999, §3; Ord. No. 47-1999, §4; Ord. No. 5-2000, §3; Ord. No. 52-2003, §11; Ord. No.14-
2011, §1; No.13-2013, §5)
26.430.040.Review standards for special review.
B. Replacement of nonconforming structures. Whenever a structure or portion thereof, which
does not conform to the dimensional requirements of the zone district in which the property is
located is proposed to be replaced after Demolition or destruction, the following criteria shall be
met:
1. The proposed development shall comply with the conditions of Subsection 26.430.040.A
above;
2. There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district;
3. No dimensional variations are increased, and the replacement structure represents the minimum
variance that will make possible the reasonable use of the property; and
4. Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property.
J. Demolition –Residential Demolition and Redevelopment Standards
A project may request variations from the requirements of the Residential Demolition and
Redevelopment Standards if the Planning and Zoning Commission makes a determination the
project meets the intent of the requirements through an alternative design. The Planning and
Zoning Commission shall consider the following review criteria, and a recommendation from the
Community Development Department and any referral agencies in determining if a project is
eligible for a variation:
1. The project is designed in a manner that meets the intent of the Residential Demolition and
Redevelopment Standards.
2. Although specifics design elements are not provided that meet the specific items included in
the Residential Demolition and Redevelopment Standards, a design alternative is provided
that meets or exceeds the minimum thresholds established in the Residential Demolition and
Redevelopment Standards.
(Ord. No. 44-1999, §4; Ord. No. 5-2000, §4; Ord. No. 1-2002, §9; Ord. No. 52-2003, §12; Ord. No.
12, 2007, §§20, 21; Ord. No. 14 – 2011, §2; Ord. No. 13 – 2013, §6; Ord. No. 23, 2017, §20)
Section 7:
Land Use Code Chapter 26.470. Growth Management Quota System shall be rescinded and readopted
as follows:
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Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
Sec. 26.470.010 Purpose.
Sec. 26.470.020 Terminology.
Sec. 26.470.030 Applicability and Prohibitions.
Sec. 26.470.040 Allotment Procedures.
Sec. 26.470.050 Calculations.
Sec. 26.470.060 Procedures for Review.
Sec. 26.470.070 Exempt Development.
Sec. 26.470.080 General Review Standards.
Sec. 26.470.090 Administrative applications.
Sec. 26.470.100 Planning and Zoning Commission applications.
Sec. 26.470.110 City Council applications.
Sec. 26.470.120 Yearly Growth Management accounting procedures.
Sec. 26.470.130 Application contents.
Sec. 26.470.140 Reconstruction limitations.
Sec. 26.470.150 Amendment of a growth management development order.
Sec. 26.470.160 Appeals.
26.470.010 Purpose
The purposes of this Chapter are to: (a) implement the goals and policies for the City and the Aspen
Area Community Plan; (b) ensure that growth and development occurs in an orderly and efficient
manner in the City; (c) ensure sufficient public facilities are present to accommodate growth and
development; (d) ensure that growth and development is designed and constructed to maintain the
character and ambiance of the City; (e) ensure the presence of an adequate supply of affordable housing,
businesses and events that serve the local, permanent community and the area's tourist base; (f) ensure
that growth and development does not overextend the community's ability to provide support services,
including employee housing, traffic control and parking; and (g) ensure that the resulting employees
generated and impacts created by development and redevelopment are mitigated by said development
and redevelopment.
26.470.020 Terminology.
Growth Management Year. A year period, lasting from January 1 through December 31, which
constitutes the time period that each year’s development allotments are available.
Development categories. All development falls into one of four land use categories, which are
outlined in Table 1. Table 1 establishes the development categories and units of allocation for each
category for purposes of administering this Chapter. Sub-Categories 1.A – 1.B are all considered part
of the Residential Uses category, and therefore conversion between these two sub-categories does not
require change in use review.
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TABLE 1, Development Categories
Category Description Allocation units
1. Residential Uses
A.Residential –
Free-Market
Dwelling units intended exclusively for
residential purposes, not subject to any residency
requirements and not including hotels, or
lodging. Units may be in the form of single-
family, duplex, multi-family or part of a mixed-
use structure. (See definitions of Residential use
and Dwelling, Sections 26.104.100 and
26.104.110.)
Dwelling units
A.i Single-family
and Duplex
Demolition
Dwelling units that are demolished and redeveloped
pursuant to 26.580 and subject to 26.470.090. These
allotments are a subset of the total Residential, Free-
Market allotment total. (See definition of
Demolition, Section 26.104.100)
Dwelling units
B.Residential –
Affordable Housing
Dwelling units intended to house only local
working residents that are deed restricted
according to the Aspen/Pitkin County Housing
Authority Guidelines. Units may be in the form
of single-family, duplex, multi-family, dormitory
or part of a mixed-use structure. (See definition
of Affordable housing, Sections 26.104.100 and
26.104.110.)
Dwelling units
2. Commercial Buildings, or portions thereof, supporting office,
retail, warehousing, manufacturing, commercial
recreation, restaurant/bar or service oriented
businesses, including retail and office uses but not
including hotel or lodging uses. (See definition of
Commercial use, Sections 26.104.100 and
26.104.110.)
Net leasable
square feet
3. Lodging Buildings, or portions thereof, used to house a
transient tourist population on a short-term
basis, including lodges, hotels, motels, bed and
breakfasts, and timeshare development. (See
definition of Hotel, Sections 26.104.100 and
26.104.110.)
Lodging pillows.
(Each lodging
bedroom shall be
considered to be
two pillows.)
4. Essential Public
Facilities
Facilities serving essential public purposes used
by or for the benefit of the general public and
serving the needs of the community. (See
definition of Essential public facility, Sections
26.104.100 and 26.104.110.)
Square feet
Annual development allotment. Each growth management year's potential growth within the City,
applied to each type of land use. This is a unit of measurement applied to each type of land use that, if
granted, allows the specific development proposal to move forward in the review process. The number
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of development allotments for each land use is established in Table 2 below. See also Section
26.470.040, Allotment Procedure.
Carry-forward allotment. The number of unused and unclaimed growth management allotments for
each type of development that the City Council determines should be brought forward, or rolled-over,
into the next growth management year. Procedures for carry-forward are established in Section
26.470.120, Yearly Growth Management accounting procedures.
Full Time Equivalent (FTE). A unit of measurement standardizing the workloads of employees. In
this Chapter, FTEs refer to the number of employees generated or housed by development.
26.470.030 Applicability and Prohibitions.
This Chapter shall apply to all development in the City unless exempted in section 26.470.070, Exempt
Development.
A. Number of development applications. No more than one (1) application for growth
management allotments on any one (1) parcel shall be considered concurrently. To submit a new
application, any active growth management application for the same property must be vacated.
B. Number of growth management allocations. No more than one (1) project shall be entitled
to growth management allotments on any one (1) parcel concurrently. In order to entitle a different
project on the same parcel, existing growth allotments must be vacated. (Also see Section 26.470.140,
Amendment of a growth management development order.)
C. No automatic "resubmission" of growth management applications. Applications shall
only be eligible for growth allotments within the growth management session in which they are
submitted and shall not automatically become eligible for allotments in future sessions or future years.
Applications must be resubmitted in order to be eligible for allotments in the next session or next year,
as applicable. Resubmission shall effect a new submission date.
D. Subdivision and other required land use reviews. Projects requiring additional land use
reviews, including Conceptual Commercial Design Review, pursuant to Section 26.412, Commercial
Design Standards,Conceptual Review by the Historic Preservation Commission, pursuant to Section
26.415, Historic Preservation,Project Review or Detailed Review, pursuant to Section 26.445,
Planned Development,and Subdivision, pursuant to Section 26.480, Subdivision,may be reviewed
concurrently with review for growth management, pursuant to Paragraph 26.304.060.B.1.
E. No partial approvals. In order for a project to gain approval, sufficient allotments for every
element of the project must be obtained. No partial approvals shall be granted. In circumstances where
a proposal requires allotments be granted for various types of uses within the project, the reviewing
body shall not grant approval unless allotments for every type of use are available. For example: If a
proposal requires that allotments be granted for free-market residential units, affordable housing units
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and commercial space, and there are no remaining allotments for free-market residential for the year,
the project shall be tabled until such time as allotments are available. In the above example, the project
shall be tabled in total and not granted allotments for the affordable housing units or the commercial
space. Similarly, a project requiring 10,000 sq. ft. of commercial allotments when only 5,000 sq. ft. of
commercial allotments remain shall be tabled until such time as allotments are available. Also see
multi-year allotments below.
F. Multi-year growth allotments. Projects requiring development allotments in excess of the
annual allotment may be granted a multi-year allotment, pursuant to Subsection 26.470.090.A, or may
gain allotments over a multi-year period, provided that the allotment gained in any one (1) year shall
not exceed the annual allotment.
For example, a project requesting fifty thousand (50,000) square feet of commercial space may request
either a one-time, multi-year allotment of fifty thousand (50,000) square feet or may request approval
in the first year for twenty-five thousand (25,000) square feet and request approval for the remaining
twenty-five thousand (25,000) square feet in a subsequent year.
Gaining allotments in any year shall not guarantee that allotments will be granted in later years for the
same project. Projects requiring a multi-year allotment shall not be granted a development order until
all elements of the project have been granted allotments. If the design of a project changes prior to
receiving the full allotment needed for a development order, the reviewing body shall determine if the
changes are acceptable or if the change invalidates the previously granted allotment and requires a
resubmission for allotments. Applications for each year's allotment need to be submitted, and there
shall be no preferential status given to a project granted partial allotment.
Projects that do not require allotments in excess of the annual allotment shall not be eligible to gain
partial allotments. See No partial approvals above.
G. Non-assignability of growth allotments. Development allotments obtained pursuant to this
Chapter shall not be assignable or transferable independent of the conveyance of the real property on
which the development allotment has been approved.
H. No reduction in mitigation requirements. Notwithstanding Section 26.470.090(4), Essential
Public Facilities, an applicant may not request a reduction in the mitigation requirements of this
Chapter. Properties requesting historic designation pursuant to Chapter 26.415, Historic Preservation,
shall be exempt from this provision, provided, however, that any reduction is reviewed and approved
by City Council.
I. No combination of multiple affordable housing requirements allowed. Whenever multiple
affordable housing mitigation requirements are required each housing requirement shall be met. For
example: A mixed-use project may require two (2) affordable housing units to mitigate an increase in
commercial employee generation and two (2) affordable housing units to mitigate free-market
residential development. In this case, four (4) affordable housing units are required.
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26.470.040 Allotment Procedures.
A. General. Aspen area residents have determined that growth and development must be managed
to ensure long-term negative consequences associated with development redevelopment and its
impacts are minimized. One of the broad themes of the 2012 Aspen Area Community Plan
(AACP) is to “manage future development so that it contributes to the long-term viability of a
sustainable, demographically diverse visitor-based economy and a vital year-round
community.” To implement these goals, the community has established a two percent (2%)
growth rate that can be accommodated without compromising community character. The
AACP supports a "critical mass of year-round residents” to be housed while maintaining our
community character and way of life. Therefore, the Growth Management Quota System does
not limit the annual growth rate of affordable housing, while all other types of development
shall be limited to not exceed a two-percent annual growth rate. In order to address continued
community growth concerns, a growth limit of one-half percent (0.5%) has been implemented
for new free-market residential development and the demolition and replacement of existing
free-market residential single family and duplex dwellings.
B. Existing development. The following tables describe the existing (as of March 2007) amount
of development in each sector used as a "baseline" in establishing annual allotments and
development ceilings.1
Commercial Development Within the City (square feet)1
Commercial use "class"Leasable square feet for class
Merchandising 365,486
Lodging2 19,950
Offices 113,207
Recreation 179,824
Special purpose 144,777
Warehouse/storage 149,814
Multi-use 208,331
Commercial Condos 483,549
Total commercial:1,664,938
2% Annual growth rate for commercial development 33,300
Residential Development Within the City (units)
Property type Residences in class
Single-family 1,268
1 Source: Pitkin County Assessor, March 7, 2005
2 Lodge unit square footage removed from total. Commercial space within lodge developments estimated
through City records.
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Duplex or triplex3 79
Multi-units 4-8 4 45
Multi-units 9+142
Condominiums 2,978
Duplex condos 366
Manufactured 29
Partial exempt 1
Total residences:4,909
Nonexempt affordable housing units 5 1,132
Total free-market residences 3,777
0.5% Annual growth rate for free-market residential development:18.9 units
Lodging Development Within the City (Pillows)
Total lodging pillows:7,500
1.5% Annual growth rate 112.5 pillows
Annual development allotments. The Growth Management Quota System establishes annual
development allotments available for use by projects during each growth management year. The
Community Development Director shall calculate the development allotments available for each type
of land use as follows:
Available development allotments =annual
allotment +
Carry-forward
allotment from
prior year
The following annual allotments are hereby established:
Table 2, Development Allotments
Development Type Annual Allotment
3 Single ownership duplex and triplex units. 2 units per property ownership estimated.
4 Single ownership apartment buildings. Residence count reflects actual number of units recorded with Assessor.
5 A total of 1,815 residences within the City are deed-restricted affordable housing. Of these units, several are
considered tax-exempt and are not included in the Assessor's counts. These units are rental affordable housing
owned by the City, APCHA or tax-exempt nonprofit organizations. Therefore, only the nonexempt units have
been subtracted from the Assessor's total residences to determine the number of free-market residences.
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Residential — Total Free-Market
New Residential (Subdivision
and multi-family units)
Single-Family and Duplex
Demolition and Redevelopment
19 units divided as follows:
13 units
6 units
Residential — Affordable Housing No annual limit
Commercial 33,000 net leasable square feet
Lodging 112 pillows
Essential public facility No annual limit
Note, the annual allotment may be reduced if multi-year allotments are granted by the City Council.
Upon a denial of the project and the completion of any appeals, where it’s found the denial was
appropriate, the project’s allotments shall not be considered granted and shall be returned to the
available allotment pool for the remainder of the year. Allotments shall be considered vacated by a
property owner upon written notification from the property owner.
C. Allocation procedure. Following approval or approval with conditions, pursuant to the above
procedures for review, the Community Development Director shall issue a development order
pursuant to Section 26.304.070, Development orders. Those applicants having received allotments
may proceed to apply for any further development approvals required by this Title or any other
regulations of the City.
D. Expiration of growth management allotments. Growth management allotments granted
pursuant to this Chapter shall expire with the expiration of the development order, pursuant to the
terms and limitations of Section 26.304.080, Development Orders. Expired allotments shall not be
considered valid, and the applicant shall be required to re-apply for growth management approval.
Expired allotments may be added to the next year's available allotments at the discretion of the City
Council, pursuant to Subsection 26.470.030.E.
26.470.050.Calculations.
A. General. Whenever employee housing or fee-in-lieu is required to mitigate for employees
generated by a development, there shall be an employee generation analysis of the proposed
development. Unless otherwise exempted by this Chapter, the employee mitigation requirement shall
be based upon the total employee generation of the proposed development. Except as specifically
identified for Commercial Redevelopment, there are no credits granted during redevelopment –
although in some circumstances, redeveloped projects with evidence of previous mitigation will be
considered in the employee generation analysis. Additionally, credits are not given for changes
between the land use categories outlined in Table 1. For instance, a change in use from commercial
net leasable area to free-market residential units does not generate a credit.
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B. Employee generation rates.
1. Non-Residential Uses
Table 3 establishes the employee generation rates that are the result of the Employee
Generation Study, an analysis sponsored by the City during the fall and winter of 2012
considering the actual employment requirements of over one hundred (100) Aspen businesses.
This study is available at the Community Development Department. Employee generation is
quantified as full-time equivalents (FTEs) per one thousand (1,000) square feet of net
leasable space or per lodge bedroom.
Table 3, Employee Generation Rates
Zone District
Employees Generated per 1,000 Square
Feet of Net Leasable Space
Commercial Core (CC)
Commercial (C-1)
Neighborhood Commercial (NC)
Commercial Lodge (CL) commercial space
Lodge (L) commercial space
Lodge Preservation (LP) commercial space
Lodge Overlay (LO) commercial space
Ski Base (SKI) commercial space
4.7
Mixed-Use (MU)3.6
Service Commercial Industrial (S/C/I)3.9
Public1 5.1
Lodge Preservation (LP) lodge units .3 per lodging bedroom
Lodge (L), Commercial Lodge (CL), Ski Base
(SKI) and other zone district lodge units
.6 per lodging bedroom
1 For the Public Zone, the study evaluated only office-type public uses, and this
number should not be considered typical for other non-office public facilities. Hence,
each Essential Public Facility proposal shall be evaluated for actual employee
generation.
Each use within a mixed-use building shall require a separate calculation to be added to the
total for the project. For commercial net leasable space within basement or upper floors, the
rates quoted above shall be reduced by twenty-five percent (25%) for the purpose of calculating
total employee generation. This reduction shall not apply to lodge units.
For lodging projects with flexible unit configurations, also known as "lock-off units," each
separate "key" or rentable division shall constitute a unit for the purposes of this Section, such
that employee generation is assessed on the configuration with the most number of rentable
units. Timeshare units and exempt timeshare units are considered lodging projects for the
purposes of determining employee generation. Free-market residential units included in a
lodge development and which may be rented to the general public as a lodge unit, shall be
counted as a lodge key in the calculation of employee generation.
2. Residential Uses. Employee Generation rates for Residential Uses (single-family, duplex
and multifamily have been similarly established. Depending on the nature of development,
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(examples: new construction on an existing lot, creation of a new subdivision, expansion of
Floor Area, or Demolition), different methodologies have been established and are identified
and defined in 26.470.090 and 26.470.100.
C. Employee generation review. All essential public facilities shall be reviewed by the Planning
and Zoning Commission to determine employee generation, pursuant to Section 26.470.110D.
In addition, any applicant who believes the employee generation rate is different than that
outlined herein may request an employee generation review with the Planning and Zoning
Commission during a duly noticed public hearing, pursuant to Section 26.304.060.E.
Employee generation review is not available to residential uses that are not part of a commercial
or lodge development. In establishing employee generation, the Planning and Zoning
Commission shall consider the following:
1) The expected employee generation of the use considering the employment generation
pattern of the use or of a similar use within the City or a similar resort.
2) Any unique employment characteristics of the operation.
3) The extent to which employees of various uses within a mixed-use building or of a related
off-site operation will overlap or serve multiple functions.
4) A proposed restriction requiring full employee generation mitigation upon vacation of the
type of business acceptable to the Planning and Zoning Commission.
5) Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee
generation. The requirements of any proposed follow-up analysis shall be outlined in a
Development Agreement, pursuant to Chapter 26.490.
D. Employees housed. Whenever a project provides residential units on or off site the schedule
in Table 4 shall be used to determine the number of employees housed by such units:
Table 4, FTEs Housed
Unit Type Employees Housed
Studio 1.25
One-bedroom 1.75
Two-bedroom 2.25
Three-bedroom or larger 3.00, plus .5 per each additional bedroom
Dormitory 1.00 employee per 150 square feet of net livable space
E. Employee housing fee-in-lieu payment.Whenever a project provides employee housing via a fee-
in-lieu payment, in part or in total, the amount of the payment shall be based upon the following (fee-
in-lieu is only allowed for Categories 1-4, Category 5 is included for any necessary conversions
between affordable housing unit types or for the purpose of conversions in the value of Certificates of
Affordable Housing Credits):
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Fee-in-Lieu (per FTE):Category 1:$408,054
Category 2:$376,475
Category 3:$345,691
Category 4:$302,879
Category 5:$250,375
Payment shall be calculated on a full-time-equivalent employee (FTE) basis according to the
Affordable Housing Category designation required by this Title. Unless otherwise stated in this Title
or in a Development Order, Fee-in-Lieu payments shall be collected by the City of Aspen Building
Department prior to and as a condition of Building Permit issuance.
The Fee-In-Lieu rates shall be updated every five years and adopted by city council ordinance. This 5-
year update shall evaluate and include cost analysis of new private and public sector affordable housing
projects that have been completed or are otherwise appropriate since the previous update. During the
intermediate years, Community Development staff shall propose to City Council an annual update (in
January) to the Fee-in-Lieu schedule via Ordinance, utilizing the most recent National Construction
Cost Index provided by the Engineering News Record. If the annual increase is approved, updated Fee-
in-Lieu figures shall be rounded to the nearest dollar.
The following methodology (as depicted in a comprehensive report conducted by TischlerBise,
Affordable Housing Fee-in-Lieu Study, Phase II in Spring of 2021) was used to determine the above
Fee-in-Lieu schedule:
1) Utilizing recent public sector, private sector, and public private partnership affordable
housing projects, staff and the consultant team identified actual land and construction (hard and
soft) costs for a number of recent projects and land purchases.
2) Costs for both land and constructionwere analyzed by project to the square foot of net livable
development and averaged across the projects. Using the Code determined calculation of 400
square feet per full time equivalent (FTE) employee, a total cost of constructing affordable
housing per FTE was identified.
3) Utilizing the Aspen Pitkin County Housing Authority (APCHA) Guidelines, established
sales and rental rates by Category and bedroom count were used in a calculation to identify the
revenue per FTE. Two important assumptions were included for the rental revenue stream: a)
revenue (rental income) was calculated over a 15-year period with a 2% annual increase in the
rental rate; and b) rental revenue was reduced by 50% to acknowledge common maintenance
and operations costs. Sales and Rental Revenue were then averaged per FTE.
4) The per FTE revenue amount for each Category (identified in #3 above) was subtracted from
the total development cost per FTE (identified in #2 above). The remainder of each calculation
subtracting the Category revenue from the total cost per FTE results in the Category Fee-in-
Lieu schedule above.
F. Employee/square footage conversion. Whenever an affordable housing mitigation requirement
is required to be converted between a number-of-employees requirement and a square-footage
requirement, regardless of direction, the following conversion factor shall be used:
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1 employee = 400 square feet of net livable area.
G. Accessory dwelling units as mitigation units. Accessory dwelling units, approved pursuant
to Chapter 26.520 and which are deed-restricted as "for sale" category housing and transferred to a
qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority, shall
be considered mitigation units and attributed to a project's affordable housing provision, or may be
attributable to the creation of Affordable Housing Certificates, subject to the provisions of 26.520 and
26.540. ADUs which are not deed-restricted as category units and are not transferred to qualified
purchasers shall not be considered mitigation units and shall not be attributed to a project's affordable
housing provision.
(Ord. No. 10-2021, §1; Ord. No. 12-2021, §1;)
26.470.060.Procedures for Review.
A development application for growth management shall be reviewed pursuant to the following
procedures and standards and the Common Development Review Procedures set forth at Chapter
26.304. According to the type of allotments requested, the following steps are necessary. A
development proposal may fall into multiple categories and therefore have multiple processes and
standards to adhere to and meet. An application for growth management may be submitted to the
Community Development Director on any date of the year.
A. Administrative Applications. The Community Development Director shall approve, approve
with conditions or deny the application, based on the applicable standards of review in Section
26.470.090, Administrative applications.
B. Planning and Zoning Commission Applications. The Planning and Zoning Commission, during
a duly noticed public hearing, shall review a recommendation from the Community Development
Director and shall approve, approve with conditions, or deny the application, based on the standards of
review in Section 26.470.100, Planning and Zoning Commission Applications, and Section
26.470.080, General Review Standards. This requires a one-step process as follows:
Step One – Public Hearing before the Planning and Zoning Commission or Historic
Preservation Commission.
1)Purpose: To determine if the application meets the standards for approval.
2)Process: The Planning and Zoning Commission or Historic Preservation Commission shall
approve, approve with conditions, or deny an application after considering the
recommendation of the Community Development Director and comments and testimony
from the public at a duly noticed public hearing. The Historic Preservation Commission
shall be the recommending body for historic landmarks, properties requesting landmark
designation, and all properties located within a Historic District.
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3)Standards of review: The proposed development shall comply with the applicable review
standards of Section 26.470.100, Planning and Zoning Commission applications and
Section 26.470.080, General Review Standards.
4)Form of decision: The Commission’s decision shall be by resolution.
5)Notice requirements:Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3 and the provisions of Section 26.304.035 – Neighborhood Outreach as
applicable.
C. City Council Applications. City Council, during a duly noticed public hearing, shall review a
recommendation from the Community Development Director, a recommendation from the Planning
and Zoning Commission or Historic Preservation Commission, as applicable, and shall approve,
approve with conditions, or deny the application, based on the standards of review in Section
26.470.110, City Council Applications, and Section 26.470.080, General Review Standards. This
requires a two-step process as follows:
Step One – Public Hearing before the Planning and Zoning Commission or Historic
Preservation Commission.
1)Purpose: To determine if the application meets the standards for approval.
2)Process: The Planning and Zoning Commission or Historic Preservation Commission shall
forward a recommendation of approval, approval with conditions, or denial to City Council
after considering the recommendation of the Community Development Director and
comments and testimony from the public at a duly noticed public hearing. The Historic
Preservation Commission shall be the recommending body for historic landmarks,
properties requesting landmark designation, and all properties located within a Historic
District.
3)Standards of review: The proposed development shall comply with the applicable review
standards of Section 26.470.110, City Council applications and Section 26.470.080,
General Review Standards.
4)Form of decision: The Commission’s recommendation shall be by resolution.
5)Notice requirements:Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3 and the provisions of Section 26.304.035 – Neighborhood Outreach as
applicable.
Step Two – Public Hearing before City Council.
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1)Purpose: To determine if the application meets the standards for approval.
2)Process: The Community Development Director shall provide City Council with a
recommendation to approve, approve with conditions, or deny the application, based on the
standards of review. City Council shall approve, approve with conditions, or deny the
application after considering the recommendation of the Community Development
Director, the recommendation from the Planning and Zoning Commission or Historic
Preservation Commission, and comments and testimony from the public at a duly noticed
public hearing.
3)Standards of review: The proposed development shall comply with the applicable review
standards of Section 26.470.110, City Council applications and Section 26.470.080,
General Review Standards.
4)Form of decision: City Council decision shall be by ordinance.
5)Notice requirements:Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 – Neighborhood Outreach as
applicable, and the requisite notice requirements for adoption of an ordinance by City
Council.
D. Combined Reviews. An application for growth management review may be combined with
development applications for other associated land use reviews, pursuant to Section 26.304.060.B.1,
Combined Reviews.
26.470.070 Exempt development.
The following types of development shall be exempt from the provisions of this Chapter. Development
exempt from growth management shall not be considered exempt from other chapters of the Land Use
Code. Where applicable, exemptions are cumulative.
A.Remodeling or renovation of existing single-family and duplex residential development. The
remodeling or renovation of existing single-family and duplex residential properties, that does not
trigger Demolition pursuant to 26.580, shall be exempt from growth management provided that no
additional Mitigation Floor Area is added to the property. When an expansion of Mitigation Floor
Area occurs, see Section 26.470.0.090.A,.
B. Conversion of an existing single-family residence to a duplex residence or two (2) detached
residences or vise-versa, when Demolition is not triggered. The conversion of an existing single-
family residence to a duplex residence or two (2) detached single-family residences, or vise-versa,
shall be exempt from growth management provided that no additional Mitigation Floor Area is
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added to the property. When an expansion of Mitigation Floor Area occurs, see Section 26.470.060,
subsections 1 and 2.
C. Remodeling or expansion of existing multi-family residential development.The remodeling of
existing multi-family residential dwellings shall be exempt from growth management provided that
no additional Mitigation Floor Area is added to the property and provided demolition of a unit or
structure does not occur. When an expansion of Mitigation Floor Area occurs, see Section
26.470.060, subsection 2. When demolition occurs, see Paragraph 26.470.070.6, Demolition or
redevelopment of multi-family housing. (Also see definition of demolition, Section 26.104.100.)
D. Remodeling or Relocation of historic structures. The remodeling or permanent or temporary
relocation of a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures,
shall be exempt from growth management, provided that all necessary approvals are obtained,
pursuant to Chapter 26.415, no Mitigation Floor Area expansion occurs, and Demolition is not
triggered. Expansions shall be mitigated pursuant to this chapter.
E. Remodeling of existing commercial development. Remodeling of existing commercial buildings
and portions thereof shall be exempt from the provisions of growth management, provided that
demolition is not triggered, no additional net leasable square footage is created, and there is no
change in use. If redevelopment involves an expansion of net leasable square footage, the
replacement of existing net leasable square footage shall not require growth management allotments
and shall be exempt from providing affordable housing mitigation only if that space previously
mitigated. Existing, prior to demolition, net leasable square footage and lodge units shall be
documented by the City Zoning Officer prior to demolition. Also see definitions of demolition and
net leasable commercial space, Section 26.104.100.
If Demolition is triggered not due to remodel activity but is determined by the Community
Development Director to be required for normal maintenance as defined in Title 26 (see definition in
section 26.104.100) or to rectify life safety issues, such as replacing a failing roof or mold removal, the
square footage impacted by the work shall be exempt from this section. This provision shall not be
allowed to increase the height, floor area, net livable area or net leasable area of a building beyond
what is the minimum necessary required to comply with the Building Code.
F. Special events. Special events permitted by the City shall be exempt from this Chapter.
G. Accessory dwelling units and carriage houses. The development of accessory dwelling units
(ADUs) and carriage houses shall be exempt from the provisions of this Chapter but subject to the
provisions of Chapter 26.520, Accessory Dwelling Units and Carriage Houses.
H. Retractable canopies and trellis structures. Trellis structures and retractable canopies
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appended to a commercial or lodging structure shall be exempt from growth management provided
that: a) there is no expansion of floor area; and b) the canopy or trellis structure is not enclosed by
walls, screens, windows or other enclosures. Awnings shall be exempt from this Chapter.
I. Public infrastructure. The development of public infrastructure such as roads, bridges,
waterways, utilities and associated poles, wires, conduits, drains, hydrants and similar items considered
essential services shall be exempt from growth management. Essential public facilities shall not be
exempt and shall be reviewed pursuant to Section 26.470.110.D, Essential public facilities. (Also see
definition of essential services, Section 26.104.100)
(Ord. No. 6, 2019, §4; Ord. No. 13-2021, §2)
26.470.080.General Review Standards.
All Planning and Zoning Commission and City Council applications for growth management review
shall comply with the following standards.
A. Sufficient Allotments:Sufficient growth management allotments are available to
accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications for
multi-year development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet this
standard for the growth management years from which the allotments are requested.
B. Development Conformance:The proposed development conforms to the requirements and
limitations of this Title, of the zone district or a site specific development plan, any adopted regulatory
master plan, as well as any previous approvals, including the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval and the Planned
Development – Project Review approval, as applicable.
C. Public Infrastructure and Facilities. The proposed development shall upgrade public
infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of
the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid waste disposal,
parking and road and transit services.
D. Affordable Housing Mitigation.
1) For commercial development, sixty-five percent (65%) of the employees generated by the
additional commercial net leasable space, according to Section 26.470.050.B, Employee
generation rates, shall be mitigated through the provision of affordable housing.
2) For lodge development, sixty-five percent (65%) of the employees generated by the
additional lodge pillows, according to Section 26.470.050.B, Employee generation rates,
shall be mitigated through the provision of affordable housing. For the redevelopment or
expansion of existing lodge uses, see section 26.470.100.G.
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3) For the redevelopment of existing commercial net leasable space that did not previously
mitigate (see Section 26.470.070.F), the mitigation requirements for affordable housing
shall be phased at 15% beginning in 2017, and by 3% each year thereafter until 65% is
reached, as follows:
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Development Order applied for
during calendar year -
Mitigation required
(percent of employees generated by the
existing space that has previously not
mitigated)
2017 15%
2018 18%
2019 21%
2020 24%
2021 27%
2022 30%
2023 33%
2024 36%
2025 39%
2026 42%
2027 45%
2028 48%
2029 51%
2030 54%
2031 57%
2032 60%
2033 63%
2034 65%
4) Unless otherwise exempted in this chapter, when a change in use between development
categories is proposed, the employee mitigation shall be based on the use the development
is converting to. For instance, if a commercial space is being converted to lodge units, the
mitigation shall be based on the requirements for lodge space, outlined in subsection 2,
above. Conversely, if lodge units are being converted to commercial space, the mitigation
shall be based on the requirements for commercial space, outlined in subsections 1 and 3,
above.
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5) For new residential subdivisions and new multifamily residential development, affordable
housing net livable area shall be provided in an amount equal to at least thirty percent (30%)
of the additional free-market residential net livable area. See sections 26.470.100.H and I.
6) For new, redeveloped, or renovated single-family and duplex residential development, or
the affordable housing mitigation requirements are established by 26.470.090.A and C.
7) For the expansion of existing multi-family units, affordable housing mitigation
requirements are established bu 26.470.090.B.
8) For the demolition of redevelopment of existing multi-family housing, affordable housing
mitigation requirements are established by 26.470.100 D.
9) For essential public facility development, mitigation shall be determined based on Section
26.470.110.D.
10)For all affordable housing units that are being provided as mitigation pursuant to this chapter
or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540,
or for any other reason:
i.The proposed units comply with the Aspen/Pitkin County Housing Authority Employee
Housing Regulations and Affordable Housing Development Policy, as amended.
ii.Required affordable housing may be provided through a mix of methods outlined in this
chapter, including newly built units, buy down units, certificates of affordable housing
credit, or cash-in-lieu.
iii.Affordable housing that is in the form of newly built units or buy-down units shall be
located on the same parcel as the proposed development or located off-site within the
City limits. Units outside the City limits may be accepted as mitigation by the City
Council, pursuant to Section 26.470.110.B. When off-site units within City limits are
proposed, all requisite approvals shall be obtained prior to approval of the growth
management application.
iv.Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit,
pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120,
Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section
26.470.050.F, Employee/Square Footage Conversion.
v.If the total mitigation requirement for a project is less than 0.1 FTEs, a cash-in-lieu
payment may be made by right. If the total mitigation requirement for a project is 0.1
or more FTEs, a cash-in-lieu payment shall require City Council approval, pursuant to
Section 26.470.110.C.
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vi.Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D,
Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin
County Housing Authority Guidelines, as amended. An applicant may choose to
provide mitigation units at a lower category designation.
vii.Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher. This dimensional requirement may be varied through Special
Review, Pursuant to Chapter 26.430
11)Affordable housing units that are being provided absent a requirement ("voluntary units")
may be deed-restricted at any level of affordability, including residential occupied (RO).
12)Residential Mitigation Deferral Agreement For property owners qualified as a full-
time local working resident, an affordable housing mitigation Deferral Agreement may be
accepted by the City of Aspen subject to the Aspen/Pitkin County Housing Authority
Employee Housing Regulations. This allows deferral of the mitigation requirement for
residential development until such time as the property is no longer owned by a full-time
local working resident. Staff of the City of Aspen Community Development Department
and Staff of the Aspen/Pitkin County Housing Authority can assist with the procedures and
limitations of this option. The City Attorney and Community Development Director shall
prescribe the form to be used for a Deferral Agreement. A copy of the Deferral Agreement
form is on file with the City of Aspen Community Development Department.
The required mitigation shall be calculated to the FTE and then multiplied by the codified
Fee-in-Lieu at the time of building permit submission. This amount will be identified in
the deferral agreement. Following the establishment of the initial mitigation requirement
in the Deferral Agreement, the amount of mitigation initially identified shall increase
annually by the CPI for each year that the deferral agreement is in effect until such time that
the deferral agreement is terminated following sale to a non-resident. The term “CPI” shall
mean the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City
Average for All Items, not seasonally adjusted, 1984=100 reference base; published by the
United States Department of Labor, Bureau of Labor Statistics. The calculation of the value
of the mitigation required at the time of the termination of the Deferral Agreement may be
completed using a commonly available calculator that aggregates the CPI over time. The
term of the calculation shall be the month of the initial execution of the Deferral Agreement
and the most recent index month available at the time of release of the Deferral Agreement.
The provision describing this regular annual increase shall be described in the Deferral
Agreement.
Should a property with a Deferral Agreement in place be sold to a qualified resident, a new
Deferral Agreement shall be established, identifying the initial mitigation requirement, and
an inclusion of the continued annual increases that will continue to accrue from the date of
initiation of the original deferral agreement. The initiation date of the original deferral
agreement shall be identified in the new deferral agreement.
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Deferral Agreements initiated prior to July 28, 2022, shall remain in effect and are not
subject to the stipulations described in the paragraphs above. If desired, the parties to a
previously established deferral agreement may, at their discretion, enter into a new deferral
agreement that that updates the terms to be consistent with the provisions identified above.
(Ord. No. 12, 2019, §2 & 3; Ord. No. 12, 2021, §2; Ord. No. 13-2021, §3)
26.470.090 Administrative applications.
The following types of development shall be approved, approved with conditions or denied by the
Community Development Director, pursuant to Section 26.470.060, Procedures for Review, and the
criteria described below. Except as noted, all administrative growth management approvals shall not
be deducted from the annual development allotments. All approvals apply cumulatively.
A. Single-Family and Duplex Residential Development or Expansion that does not trigger
Demolition, pursuant to 26.580.
The following types of free-market residential development do not require a development allotment
and may proceed to building permit absent the need of any other land use reviews. These types of
development shall require the provision of affordable housing mitigation in one of the methods
described in subsection 3 below.
1) This section applies to the new development of a single-family, two detached residential
units, or a duplex dwelling on a lot in one of the following conditions:
a. A lot created by a lot split, pursuant to Subsection 26.480.060.A.
b. A lot created by a historic lot split, pursuant to Subsection 26.480.060.B, when the subject
lot does not itself contain a historic resource.
c. A lot that was subdivided or was a legally described parcel prior to November 14, 1977,
that complies with the provisions of Subsection 26.480.020, Subdivision: applicability,
prohibitions, and lot merger.
2) Mitigation shall be based off of the net increase of Mitigation Floor Area of an existing
single-family, two detached residential units on a single lot, or a duplex dwelling, during
remodeling and renovation scenarios when the definition of Demolition is not met.
3) The applicant shall have four (4) options for providing the required affordable housing
mitigation:
a. Recording a resident-occupancy (RO), or lower, deed restriction on the single-family
dwelling unit or one of the residences if a duplex or two detached residences are developed
on the property. An existing deed restricted unit does not need to re-record a deed
restriction.
b. Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen
Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may
require certain improvements) in a size equal to or larger than 30% of the Allowable Floor
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Area increase to the Free-Market unit. The mitigation unit must be deed-restricted as a "for
sale" Category 2 (or lower) housing unit and transferred to a qualified purchaser according
to the provisions of the Aspen/Pitkin County Housing Authority Guidelines.
c. Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing
Credit in a full-time-equivalent (FTE) amount based on the following schedule:
i. Employment Generation Rate : .12 employees per 1,000 square feet of
Mitigation Floor Area.
ii. Affordable housing mitigation must be provided at a Category 2 (or lower) rate.
Certificates must be extinguished pursuant to the procedures of Chapter 26.540,
Certificates of Affordable Housing Credit. Fee-in-lieu rates shall be those stated
in Section 26.470.100 – Calculations; Employee Generation and Mitigation, in
effect on the date of application acceptance. Providing a fee-in-lieu payment in
excess of .10 FTE shall require City Council approval, pursuant to Section
26.470.110.C.
4) Additional Mitigation requirements:
a. The calculation of Mitigation Floor Area for the purposes of determining employee
generation and required mitigation shall be based on the definition of “Mitigation Floor
Area” in 26.104.100, Definitions, and further discussed in 25.575.020.XX.
b. See Figure 2, in 26.575.020.D, for a depiction of “Measuring to Face of Framing” in
calculating Floor Area from exterior wall.
c. For new construction on a vacant lot, all Mitigation Floor Area shall be included in the
calculation of employee generation and required mitigation.
d. For redevelopment or renovation of an existing single-family or duplex that does not meet
the requirements of Demolition (26.580), only new, additional Mitigation Floor Area shall
be calculated towards employee generation and required mitigation.
e. The calculation of the Employment Generation shall be assessed per dwelling unit.
Duplex dwelling units do not combine their Mitigation Floor Area for one calculation.
f. An Accessory Dwelling Unit or Carriage House, as defined by and meeting the
requirements of this Title, shall be calculated as Mitigation Floor Area of the primary
dwelling.
g. The above generation rates are based on a study of employment generation of Aspen
residences, from both initial construction and ongoing operation, performed by RRC
Associates of Boulder, Colorado, dated May XX, 2022.
Example 1: A new home of 3,400 square feet of Mitigation Floor Area on a vacant lot
created by a historic lot split. The applicant must provide affordable housing mitigation
for .41 FTEs.
3,400 / 1,000 x .12 = .41
In this example the applicant may provide a Certificate of Affordable Housing Credit
or request City Council accept a fee-in-lieu payment.
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Example 2: An existing home of 4,500 square feet of Mitigation Floor Area is expanded
by 250 square feet of Mitigation Floor Area. The renovation does not meet the definition
of Demolition. The applicant must provide affordable housing mitigation for .03 FTEs.
250/1000 x.12 = .03
In this example the applicant may provide a Certificate of Affordable Housing Credit
or a fee-in-lieu payment.
d. An affordable housing mitigation Deferral Agreement may be accepted by the City of
Aspen pursuant to section 26.470.080.D.12.
B. Multi-Family Residential Expansion. The following types of free-market residential
development does not require a development allotment and may proceed directly to building
permit. This type of development shall require the provision of affordable housing mitigation in
one of the methods described below.
1) The net increase of Mitigation Floor Area of an existing free-market multi-family unit or
structure, regardless of when the lot was subdivided or legally described and provided
Demolition does not occur. (When demolition occurs, see Section 26.470.100.E, Demolition or
redevelopment of multi-family housing.)
2) Affordable housing mitigation requirements for the type of free-market residential
development described above shall be as follows. The applicant shall have four options:
a. Recording a resident-occupancy (RO), or lower, deed restriction on the dwelling unit(s)
being expanded. An existing deed restricted unit does not need to re-record a deed
restriction.
b. Providing a deed restricted one-bedroom or larger affordable housing unit within the
Aspen Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines
(which may require certain improvements) in a size equal to or larger than 30% of the
Allowable Floor Area increase to the Free-Market unit(s). The mitigation unit(s) must
be deed-restricted as a "for sale" Category 2 (or lower) housing unit and transferred to
a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing
Authority Guidelines.
c. Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing
Credit in a full-time-equivalent (FTE) amount based on the following schedule:
i. Employment Generation Rate: .12 employees per 1,000 square feet of Floor
Area
ii. When a unit adds Floor Area, the difference between the generation rates of the
existing Mitigation Floor Area and the proposed Mitigation Floor Area shall be
the basis for determining the number of employees generated. No refunds
shall be provided if Floor Area is reduced.
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iii. Affordable housing mitigation must be provided at a Category 2 (or lower) rate.
Certificates must be extinguished pursuant to the procedures of Chapter 26.540,
Certificates of Affordable Housing Credit. Fee-in-lieu rates shall be those stated
in Section 26.470.050 – Calculations; Employee Generation and Mitigation, in
effect on the date of application acceptance. Providing a fee-in-lieu payment in
excess of .10 FTE shall require City Council approval, pursuant to Section
26.470.110.C.
Example 1: A multi-family unit of 1,400 square feet of Floor Area is expanded by 400
square feet of Mitigation Floor Area. The applicant must provide affordable housing
mitigation for .05 FTEs.
400 / 1,000 x .12 = .05
In this example the applicant may provide a Certificate of Affordable Housing Credit
or a fee-in-lieu payment.
Example 2: A multi-family unit of 1,400 square feet of Floor Area is expanded by 1,000
square feet of Mitigation Floor Area. The applicant must provide affordable housing
mitigation for .12 FTEs, the difference in employee generation of the two unit sizes.
1000 / 1,000 x .12 = .12
In this example the applicant may provide a Certificate of Affordable Housing Credit
or request City Council accept a fee-in-lieu payment.
d. An affordable housing mitigation Deferral Agreement may be accepted by the City of
Aspen pursuant to section 26.470.080.D.12.
4) Additional mitigation requirements and information:
a. The above generation rates are based on a study of employment generation of Aspen
residences, from both initial construction and ongoing operation, performed by RRC
Associates of Boulder, Colorado, dated May XX, 2022.
b. The calculation of Mitigation Floor Area for the purposes of determining employee
generation and required mitigation shall be based on the definition of “Mitigation Floor
Area” in 26.104.100, Definitions, and further discussed in 25.575.020.XX.
C. Single-Family and Duplex Redevelopment or Expansion that does trigger Demolition as
defined by Section 26.580. Demolition and Redevelopment of Single-Family and Duplex
properties shall require a land use application pursuant to Section 26.304, the allocation of a
Growth Management allotment, and shall provide affordable housing mitigation in one of the
methods described below.
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1. Applicability
This review shall apply to all applications for development and redevelopment of single-family
and duplex development that is established as Demolition in Section 26.580, unless otherwise
exempted in Section 26.580.050.
2. Procedures for Review
a. General.An application for a GMQS review of the Demolition and Redevelopment of a
single-family or duplex project shall be submitted (subject to the requirements of 26.304,
26.580 and 26.470.090.C) and will considered in an Administrative Review by the
Community Development Director. Following review, an approval would be granted by a
recorded Notice of Approval and the issuance of a Development Order. On a single parcel,
the Demolition of a Single Family, two detached dwellings, or Duplex residential structure
shall require one allotment.
b. Determination of Applicability. The applicant may request a preliminary Demolition pre-
application conference with Community Development staff to determine the applicability
of the Chapter and the application submission requirements. If a project is likely to trigger
Demolition, a meeting should be set up with a Zoning Officer to confirm if the project is
subject to Section 26.580 – Demolition. An applicant must request a Pre-application
conference summary outlining application requirements when a project triggers Demolition
pursuant to Section 26.580 - Demolition.
c. Timing.Applications for a Demolition Allotment shall be received and processed on a first
come, first serve basis. An application shall not be reviewed or considered until determined
“Complete” per 26.304. An application may be submitted concurrently with a building
permit application for the project. Once determined “Complete” the application will be
considered in order with any other “Complete” applications, based on the date and time at
which the applications were determined “Complete”. Once in review, the ordering of
applications for consideration of an allotment will remain.
d. Residential Demolition and Redevelopment Standards. This document sets the standards
under which a redevelopment project will be reviewed and will serve as the basis under
which a project will be approved for the issuance of a development allotment. This
document, as amended from time to time, is available on Community Development’s web
page or may be requested from a staff planner.
e. Combined Reviews.An application for growth management review may be a combined with
development applications for other associated land use reviews, pursuant to Section
26.304.060.b.1, Combined Reviews.
f. Variations.An application requesting a Variation of the Residential Demolition and
Redevelopment Standards, or the review standards identified below, shall be processed as a
Special Review in accordance with the common development review procedures set forth
in 26.304. The Special Review (26.430.040.J) shall be considered a public hearing for
which notice has been provided pursuant to 26.304.060.e.3. Review is by the Planning and
Zoning Commission. In this case, the granting of the development allotment would not be
granted until Planning and Zoning Commission approves the special review.
g.Insufficient Demolition allotments.Any property owner within the City who is prevented
from redeveloping a property because that year's Demolition allotments have been entirely
allocated may apply for City Council Review for a Multi-Year Development Allotment
subject to 26.470.110.A.
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3. Review Standards for projects requesting a Demolition Allotment
a.Adequate growth management allotments are available for the project and the project
meets any applicable review criteria in Chapter 26.470 – Growth Management Quota
System.
b.The project shall meet the requirements of the Residential Demolition and
Redevelopment Standards prior to building permit issuance. The project shall be subject
to the Residential Demolition and Redevelopment Standards in effect at the time of
building permit submission is deemed complete.
4. Application Contents
Applications for a Demolition allotment shall include all application requirements outlined in
Section 26.470.130 and Section 26.304, in addition to the following:
a. Demolition diagrams depicting total area to be demolished consistent with the methodology
outlined in Section 26.580.050.
b. A written response to all applicable review criteria, including responses to the Residential
Demolition and Redevelopment Standards, as amended from time to time pursuant to Section
26.580.
5. Affordable Housing Mitigation Requirements:
A.Affordable housing mitigation requirements for free-market residential development that
triggers Demolition pursuant to 26.580, shall be as follows. The applicant shall have four
options:
i.Recording a resident-occupancy (RO), or lower, deed restriction on the single-family
dwelling unit or one of the residences if a duplex or two detached residences are
developed on the property. An existing deed restricted unit does not need to re-record
a deed restriction.
ii.Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen
Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which
may require certain improvements) in a size equal to or larger than 30% of the Allowable
Floor Area increase to the Free-Market unit. The mitigation unit must be deed-restricted
as a "for sale" Category 2 (or lower) housing unit and transferred to a qualified purchaser
according to the provisions of the Aspen/Pitkin County Housing Authority Guidelines.
iii.Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing Credit
in a full-time-equivalent (FTE) amount based on the following schedule:
a. Employment Generation Rate: .12 per 1000 square feet of Mitigation Floor
Area
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b. For redevelopment or renovation of an existing single-family or duplex that meets the
definition of Demolition (26.104.100), all Mitigation Floor Area (existing and new)
shall be calculated toward employee generation and required mitigation.
c.Affordable housing mitigation must be provided at a Category 2 (or lower) rate.
Certificates must be extinguished pursuant to the procedures of Chapter 26.540,
Certificates of Affordable Housing Credit. Fee-in-lieu rates shall be those stated
in Section 26.470.100 – Calculations; Employee Generation and Mitigation, in
effect on the date of application acceptance. Providing a fee-in-lieu payment in
excess of .10 FTE shall require City Council approval, pursuant to Section
26.470.110.C.
iv.An affordable housing mitigation Deferral Agreement may be accepted by the City
of Aspen pursuant to section 26.470.080.D.12.
B. Additional Mitigation requirements and information:
i.See Figure 2, in 26.575.020.D, for a depiction of “Measuring to Face of Framing” in
calculating Floor Area from exterior wall.
ii.The calculation of Mitigation Floor Area for the purposes of determining employee
generation and required mitigation shall be based on the definition of “Mitigation Floor
Area” in 26.104.100, Definitions, and further discussed in 25.575.020.XX
iii.The above generation rates are based on a study of employment generation of Aspen
residences, from both initial construction and ongoing operation, performed by RRC
Associates of Boulder, Colorado, dated May XX.
iv.Demolition that occurs as a result of an act of nature or through any manner not
purposefully accomplished by the owner, shall be evaluated by Community
Development Director, and a credit for existing Mitigation Floor Area may be issued
toward the reconstruction of the home, See 26.580.
v.The calculation of the Employment Generation shall be assessed per dwelling unit.
Duplex dwelling units do not combine their Mitigation Floor Area for one calculation.
vi.An Accessory Dwelling Unit or Carriage House, as defined by and meeting the
requirements of this Title, shall be calculated pursuant to Section 26.575.020.D.
Example: An existing home is redeveloped in a fashion that meets the definition of Demolition.
The redeveloped home has a Mitigation Floor Area of 5,700 sf.
(5,700/1000 x .12) = .68 FTE
In this example the applicant may provide a Certificate of Affordable Housing Credit or request
City Council accept a fee-in-lieu payment.
D. 100% Affordable Housing Development. All applications for the development of projects
that are comprised of 100% affordable housing units, deed-restricted in accordance with the
Aspen Pitkin County Housing Authority Regulations, shall be first reviewed administratively
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for compliance with this Chapter and relevant criteria as described below. Projects found by
the Community Development Director to be in full conformance, shall be approved or approved
with conditions by recordation of a Notice of Approval and the issuance of a development order.
Applications that are not found to be in conformance with this section, shall be subject to GMQS
Review with the Planning and Zoning Commission per 26.470.100.C, or the application may
be amended to bring the project into conformance for administrative approval.
1) To be approved administratively, a project must meet the following criteria:
a. “For sale” or rental units.
i. The proposed units shall be deed-restricted as “for sale” units and
transferred to qualified purchasers according to the Aspen Pitkin County
Housing Authority Regulations. The developer of the project may be
entitled to select the first purchasers, subject to the aforementioned
qualifications, pursuant to the Aspen Pitkin County Housing Authority
Regulations. The deed restriction may authorize the Aspen Pitkin County
Housing Authority or the City to own the unit and rent it to qualified renters
as defined in the Aspen Pitkin County Housing Authority Regulations, as
amended.; or
ii. The proposed units may be rental units, including but not limited to rental
units owned by an employer, government or quasi-government institution,
or non-profit organization if a legal instrument in a form acceptable to the
City Attorney ensures permanent affordability of the units. The City
encourages affordable housing associated for lodge development to be
rental units associated with the lodge operation and contributing to the long-
term viability of the lodge; or.
iii. A combination of “for sale” and rental units.
b. The units in the project comply with the Aspen Pitkin County Housing Authority
Regulations and Affordable Housing Development Policy, as amended.
c. The project meets all dimensional requirements of the underlying Zone District as
described in Chapter 26.710 and does not require the approval of a variance of any
kind from the provisions of 26.575.020. Calculations and Measurements.
d. The project meets all provisions of 26.410. Residential Design Standards and is
compliant with Commercial Lodging and Historic District Design Standards and
Guidelines (if applicable).
e. The project is in conformance with the requirements of Chapter 26.515,
Transportation and Parking Management.
f. If a project is pursuing Certificates of Affordable Housing Credit, the requirements
of 26.540 shall be met.
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g. A project approved under this administrative process may be comprised of
Category and/or Resident-Occupied (RO) units.
h. Each unit provided shall be designed such that the finished floor level of fifty
percent (50%) or more of each unit’s net livable area is at or above natural or
finished grade, whichever is higher.
i. For projects that are located within a Historic District, but do not contain a historic
resource, and for designated sites that do not contain a historic resource,
compliance with the following guidelines from the Historic Preservation Design
Guidelines will be evaluated administratively by Historic Preservation Staff and
assigned monitor from the Historic Preservation Commission:
i.Create porosity on the site (1.1).
ii.Ensure proportions of historic buildings in the district are incorporated into
new structures (11.3).
iii.Design a new structure to be recognized as a product of its time (11.6).
iv.Landscaping
Refer to the Historic Preservation Design Guidelines for more
information on meeting these requirements.
2) For properties that are designated historic and contain a historic resource, the following
review process and requirements apply:
a. If an addition of new construction is proposed and the new construction is proposed as
detached from the historic resource(s) with a separation of at least 10 feet, a project may
be reviewed under this section. If not, the project is fully subject to the requirements of
Chapter 26.415, Historic Preservation, including a review of the full project by the
Historic Preservation Commission.
b. Prior to an administrative review as defined by 26.470.090.D., above, a project would
be reviewed in a 1-step review in a public hearing with the Historic Preservation
Commission on the following aspects of the project:
i. Relocation: HPC shall not deny relocation, but will conduct a review to
determine the most appropriate siting for the historic structure that
accommodates the full allowed development rights for the property. All
elements of any new construction must be at least 10’ from the resource on
all sides. HPC may approve setback variations for the placement of the
historic resource. as necessary.
ii. Demolition: HPC will review all proposed demolition affecting the historic
resource to ensure that only non-historic fabric is removed.
iii. The applicant will be required to complete all necessary repairs to historic fabric
including exterior materials, doors and windows, and must complete up to three
restoration actions prioritized by HPC to improve the integrity of the historic
resource. Examples might be: re-open an enclosed porch, restore the original
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design of a street facing window, restore missing details such as decorative
porch trim.
iv. Landscaping
v. Floor Area bonuses may not be granted under this review.
c. Following approval by HPC in the form of a Resolution, the results of the HPC review
will be incorporated into the administrative review described above in 26.470.090.D.1
Application Materials. In addition to the application materials required by section
26.470.130 and 26.304, the following shall be included in an application for
administrative review of a 100% affordable housing project:
a. Floor Plans – that include detailed drawings of individual units including floor
area and net livable area for the entire site and unit by unit breakdown.
b. Elevations that provide detail on height and fenestration.
c. Parking Plan – that includes detail on access and relationship to the right-of-
way.
d. Residential Design Standards Application
e. Narrative that describes the unit types and sizes, proposed categories of units,
unit
and project amenities and otherwise describes compliance with
26.470.090.C.1.a-i.
Any necessary submittal items necessary to provide sufficient detail in meeting the
review standards identified in 26.470.090.D.1.i or 26.470.090.D.2 above. This
may include site plans, relocation plans, demolition plans, landscaping plans etc.
for projects subject to the identified elements of the Historic Preservation Design
Guidelines.
3) Review Process.
a. Application is submitted and accepted for review consistent with 26.304. Common
Development Procedures.
b. APCHA, Engineering, Environmental Health and Parks shall be formal referral
agencies on the application to identify any necessary conditions of approval.
c.While not required, it is highly encouraged that a meeting with the Development
Review Committee is scheduled prior to approval to resolve any potential issues at this
early stage of the design process to facilitate a more efficient building permit review.
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d. If applicable, an HPC approval, pursuant to 26.470.090.D.2 shall be completed before
the completion of the administrative review process.
e. Approval shall be granted by the Community Development Director in the form of a
recorded Notice of Approval. A Development Order shall be subsequently issued.
f. Public Notice of the Development Order shall be made consistent with the requirements
of 26.304. Common Development Procedures.
E. Minor expansion of a commercial, lodge or mixed-use development. The minor
enlargement of a property, structure or portion of a structure for commercial, lodge or mixed-use
development when demolition is not triggered shall be approved, approved with conditions or
denied by the Community Development Director based on the following criteria. The additional
development of uses identified in Section 26.470.020 shall not be deducted from the respective
annual development allotments.
a. The expansion involves no more than five-hundred (500) square feet of net leasable
space, no more than two-hundred-fifty (250) square feet of Floor Area, and no more
than three (3) additional hotel/lodge units. No employee mitigation shall be required.
b. The expansion involves no residential units.
c. This shall be cumulative and shall include administrative GMQS approvals granted
prior to the adoption of Ordinance No. 22, Series of 2013.
d. When demolition is triggered, the application shall be reviewed pursuant to Section
25.470.100(F), Expansion or new commercial development.
F. Sale of locally-made products in common areas of commercial buildings. Commercial use
of common areas within commercial and mixed-use buildings which contain commercial use
(a.k.a. “non-unit spaces,” “arcades,” “hallways,” “lobbies,” or “malls”) shall be approved,
approved with conditions or denied by the Community Development Director based on the
following criteria.
1) Products shall be limited to arts, crafts, or produce designed, manufactured, created, grown,
or assembled in the Roaring Fork Valley, defined as the watershed of the Roaring Fork
River plus the municipal limits of the City of Glenwood Springs. Exempt from these
product and geographic limitations are items sold by a hardware store adjacent to the
common area and items incidental to arts, crafts, and produce such as frames and pedestals.
2) The area can be used by an existing business within the building or by “stand-alone”
businesses. Multiple spaces may be created.
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3) These areas shall not be considered net leasable space for the purposes of calculating impact
fees or redevelopment credits. No employee mitigation shall be required. Compliance with
all zoning, building, and fire codes is mandatory.
G. Outdoor food/beverage vending license. Outdoor food/beverage vending shall be
approved, approved with conditions or denied by the Community Development Director based on
the following criteria:
1)Location. All outdoor food/beverage vending must be on private property and may be
located in the Commercial Core (CC), Commercial (C1), Neighborhood Commercial (NC),
or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public
property that is subject to an approved mall lease. Additional location criteria:
a. The operation shall be in a consistent location as is practically reasonable and not
intended to move on a daily basis throughout the duration of the permit.
b. Normal operation, including line queues, shall not inhibit the movement of pedestrian
or vehicular traffic along the public right-of-way.
c. The operation shall not interfere with required emergency egress or pose a threat to
public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be
maintained for building entrances and exits.
2)Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square
feet per operation. The area of activity shall be defined as a counter area, equipment needed
for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn
machine, etc.), and the space needed by employees to work the food vending activity.
3)Signage. Signage for outdoor food/beverage vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not excluding
Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of
the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or
affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards
this calculation. Food carts may have a sandwich board sign in accordance with the
regulations found within Chapter 26.510.
4)Environmental Health Approval. Approval of a food service plan from the Environmental
Health Department is required. The area of outdoor food vending activities shall include
recycling bins and a waste disposal container that shall be emptied daily and stored inside
at night and when the outdoor food vending activities are not in operation. Additionally,
no outdoor, open-flame char-broiling shall be permitted pursuant to Municipal Code
Section 13.08.100, Restaurant Grills.
5)Building and Fire Code Compliance. All outdoor food/beverage vending operations must
comply with adopted building and fire codes. Applicants are encouraged to meet with the
City’s Building Department to discuss the vending cart/stand.
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6)Application Contents. An application for a food/beverage vending license shall include the
standard information required in 26.304.030.B, plus the following:
a. Copy of a lease or approval letter from the property owner.
b. A description of the operation including days/hours of operation, types of food and
beverage to be offered, a picture or drawing of the vending cart/stand, and proposed
signage.
c. The property survey requirement shall be waived if the applicant can demonstrate how
the operation will be contained on private property.
7)License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year
period beginning on the same the date that the Notice of Approval is signed by the
Community Development Director. This one (1) year period may not be separated into non-
consecutive periods.
8)License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal
the Community Development Director shall consider the returning vendor’s past
performance. This shall include, but shall not be limited to, input from the Environmental
Health Department, Chief of Police, special event staff, and feedback from adjacent
businesses. Unresolved complaints may result in denial of a renewal request.
9)Business License. The vending operator must obtain a business license.
10)Affordable Housing and Impact Fees Waived. The Community Development Director shall
waive affordable housing mitigation fees and impact fees associated with outdoor
food/beverage vending activities.
11)Maintenance and public safety. Outdoor food/beverage vending activities shall not diminish
the general public health, safety or welfare and shall abide by applicable City regulations,
including but not limited to building codes, health safety codes, fire codes, liquor laws, sign
and lighting codes, and sales tax license regulations.
12)Abandonment. The City of Aspen may remove an abandoned food/beverage vending
operation, or components thereof, in order protect public health, safety, and welfare. Costs
of such remediation shall be the sole burden of the property owner.
13)Temporary Cessation. The Community Development Director may require a temporary
cancelation of operations to accommodate special events, holidays, or similar large public
gatherings. Such action will be taken if it is determined that the food/beverage cart will
create a public safety issue or create an excessive burden on the event activities.
14)License Revocation. The Community Development Director may deny renewal or revoke
the license and cause removal of the food/beverage vending operation if the vendor fails to
operate consistent with these criteria. An outdoor food/beverage vending license shall not
constitute nor be interpreted by any property owner, developer, vendor, or court as a site
specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado
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Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this subsection are
subject to revocation by the City Manager or Community Development Director without
requiring prior notice.
H. Temporary uses and structures. The development of a temporary use or structure shall
be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary and
Seasonal Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter
if compliant with applicable sections of Commercial Design Review – Chapter 26.412, and approved
pursuant to Chapter 26.450 Temporary and Seasonal Uses. Tents, external airlocks, and similar
temporary or seasonal enclosures located on commercial properties and supporting commercial use
shall only be exempt from the provisions of this Chapter, including affordable housing mitigation
requirements, if compliant with applicable sections of Commercial Design Review – Chapter 26.412,
if erected for 14 days or less in a 12-month period, and approved pursuant to Chapter 26.450 –
Temporary and Seasonal Uses. Erection of these enclosures for longer than 14 days in a 12-month
period shall require compliance with Commercial Design Review – Chapter 26.412, and compliance
with the provisions of this Chapter including affordable housing mitigation. Affordable housing
mitigation shall be required only for the days in excess of 14 in a 12-month period. Cash-in-lieu may
be paid by-right. The mitigation calculation shall include the expected lifespan of a building, which is
currently 30 years. For instance, a 500 sq. ft. tent proposed to be up for 21 days shall only require
mitigation for seven (7) days. The calculation would be as follows:
Methodology:
500 sq. ft. / 1000 sq. ft. = .5 sq. ft.
.5 sq. ft. x 4.7 FTEs = 2.35 FTEs generated
2.35 FTEs x 65% mitigation rate = 1.5275 FTEs to be mitigated if structures are in use
100% of year
1.5275 FTEs / 365 days per year = .004184931 daily rate
.004184931x 7 days = .029294517FTEs
.029294517x $223,072 cash-in-lieu rate = $6,534.78
$6,534.78/ 30 years = $217.82 due for mitigation of the structure for a period of 7 days
(Ord. No. 6, 2019, §5; Ord. No. 12, 2019, §4, §5, §6, §7)
26.470.100 Planning and Zoning Commission applications.
The following types of development shall be approved, approved with conditions or denied by the
Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for review, and the
criteria for each type of development described below. Except as noted, all growth management
applications shall comply with the general requirements of Section 26.470.080. Except as noted, the
following types of growth management approvals shall be deducted from the annual development
allotments. Approvals apply cumulatively.
A. Change in use. A change in use of an existing property, structure or portions of an existing
structure between the development categories identified in Section 26.470.020 (irrespective of
direction), for which a certificate of occupancy has been issued and which is intended to be reused,
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shall be approved, approved with conditions or denied by the Planning and Zoning Commission
based on the general requirements outlined in Section 26.470.080. No more than one (1) free-
market residential unit may be created through the change-in-use.
B. Expansion of free-market residential units within a multi-family or mixed-use project. The
net livable area expansion of existing free-market residential units within a mixed-use project shall
be approved, approved with conditions or denied by the Planning and Zoning Commission based
on the general requirements outlined in Section 26.470.080. The remodeling or expansion of
existing multi-family residential dwellings shall be exempt from growth management as long as no
demolition occurs, pursuant to Section 26.470.070.C. Expansion of existing free-market residential
units shall not require a development allotment
C. Affordable Housing. The development of affordable housing that does not qualify for
administrative review and approval under the criteria established in 26.470.090.C, shall be
approved, approved with conditions, or denied by the Planning and Zoning Commission based on
the general requirements outlined in 26.470.080, and all other applicable review criteria of this title.
If the affordable housing project is located in a historic district or on a historically designated
property, the Historic Preservation Commission is the review body for this review. Additionally,
the following shall apply to all affordable housing development:
1. The proposed units shall be deed-restricted as “for sale” units and transferred to qualified
purchasers according to the Aspen Pitkin County Housing Authority Regulations. The
developer of the project may be entitled to select the first purchasers, subject to the
aforementioned qualifications, pursuant to the Aspen Pitkin County Housing Authority
Regulations. The deed restriction shall authorize the Aspen Pitkin County Housing Authority
or the City to own the unit and rent it to qualified renters as defined in the Aspen Pitkin County
Housing Authority Regulations, as amended.
2. The proposed units may be rental units, including but not limited to rental units owned by an
employer, government or quasi-government institution, or non-profit organization if a legal
instrument in a form acceptable to the City Attorney ensures permanent affordability of the
units. The City encourages affordable housing associated for lodge development to be rental
units associated with the lodge operation and contributing to the long-term viability of the
lodge.
3. A combination of “for sale” and rental units.
D. Demolition or redevelopment of multi-family housing. The City's neighborhoods have
traditionally been comprised of a mix of housing types, including those affordable by its working
residents. However, because of Aspen's attractiveness as a resort environment and because of the
physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment
of dwellings currently providing resident housing for tourist and second-home use. Such
redevelopment results in the displacement of individuals and families who are an integral part of the
Aspen work force. Given the extremely high cost of and demand for market-rate housing, resident
housing opportunities for displaced working residents, which are now minimal, will continue to
decrease.
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Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have
been long-standing planning goals of the community. Achievement of these goals will serve to promote
a socially and economically balanced community, limit the number of individuals who face a long and
sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting
and prevent exclusion of working residents from the City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working residents be
provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing
Authority have provided affordable housing both within and adjacent to the City limits. The private
sector has also provided affordable housing. Nevertheless, as a result of the replacement of resident
housing with second homes and tourist accommodations and the steady increase in the size of the
workforce required to assure the continued viability of Aspen area businesses and the City's tourist-
based economy, the City has found it necessary, in concert with other regulations, to adopt limitations
on the combining, demolition or conversion of existing multi-family housing in order to minimize the
displacement of working residents, to ensure that the private sector maintains its role in the provision
of resident housing and to prevent a housing shortfall from occurring.
The combining, demolition (see definition of demolition.), conversion, or redevelopment of multi-
family housing shall be approved, approved with conditions or denied by the Planning and Zoning
Commission based on compliance with the following requirements:
1. Requirements for combining, demolishing, converting or redeveloping free-market multi-
family housing units: Only one (1) of the following two (3) options is required to be met
when combining, demolishing, converting or redeveloping a free-market multi-family
residential property. To ensure the continued vitality of the community and a critical mass
of local working residents, no net loss of density (total number of units) between the existing
development and proposed development shall be allowed.
a.One-hundred-percent replacement. In the event of the demolition of free-market multi-
family housing, the applicant shall have the option to construct replacement housing
consisting of no less than one hundred percent (100%) of the number of units, bedrooms
and net livable area demolished. The replacement units shall be deed-restricted as
resident occupied (RO) affordable housing, pursuant to the Guidelines of the
Aspen/Pitkin County Housing Authority. In summary, this option replaces the
demolished free-market units with an equal number of units, bedrooms and net livable
area of deed-restricted, Resident Occupied (RO) development. An applicant may choose
to provide the mitigation units at a lower category designation. Each replacement unit
shall be approved pursuant to Subsection C, Affordable housing, of this Section.
When this one-hundred-percent standard is accomplished, the remaining development
on the site may be free-market residential development with no additional affordable
housing mitigation required as long as there is no increase in the number of free-market
residential units on the parcel. Free-market units in excess of the total number originally
on the parcel shall be reviewed pursuant to Section 26.470.110, subsection H or I,
Residential Development –sixty (60%) or seventy (70%) percent affordable as required.
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b.Fifty-percent replacement. In the event of the demolition of free-market multi-family
housing and replacement of less than one hundred percent (100%) of the number of
previous units, bedrooms or net livable area as described above, the applicant shall be
required to construct affordable housing consisting of no less than fifty percent (50%)
of the number of units, bedrooms and the net livable area demolished. The replacement
units shall be deed-restricted as Category 4 housing, pursuant to the guidelines of the
Aspen/Pitkin County Housing Authority. In summary, this option replaces the free-
market units – with 50% of the new units, bedrooms and net livable area allowed as free
market units and 50% of the new units, bedrooms and net livable area required as deed-
restricted, Category 4, affordable housing units. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall be
approved pursuant to Paragraph 26.470.100.C, Affordable housing.
When this fifty-percent standard is accomplished, the remaining development on the
site may be free-market residential development as long as additional affordable
housing mitigation is provided pursuant to Section 26.470.080 – General Requirements,
and there is no increase in the number of free-market residential units on the parcel.
Free-market units in excess of the total number originally on the parcel shall be reviewed
pursuant to Section 26.470.100, subsection H or I, Residential Development – sixty
(60%) or seventy (70%) percent affordable as required.
c.One-hundred percent affordable housing replacement. When one-hundred-percent of
the free-market multi-family housing units are demolished and are solely replaced with
deed-restricted affordable housing units on a site that are not required for mitigation
purposes, including any net additional dwelling units, pursuant to Section 26.470.110.D,
Affordable Housing; all of the units in the redevelopment are eligible for a Certificate
of Affordable Housing Credit, pursuant to Section 26.540 Certificate of Affordable
Housing Credit. Any remaining unused free market residential development rights shall
be vacated.
2. Requirements for demolishing deed-restricted, affordable multi-family housing units: In
the event a project proposes to demolish or replace existing deed-restricted affordable
housing units, the redevelopment may increase or decrease the number of units, bedrooms
or net livable area such that there is no decrease in the total number of employees housed
by the existing units. The overall number of replacement units, unit sizes, bedrooms and
category of the units shall comply with the Aspen/Pitkin County Housing Authority
Guidelines.
3. Location requirement. Multi-family replacement units, both free-market and affordable,
shall be developed on the same site on which demolition has occurred, unless the owner
shall demonstrate and the Planning and Zoning Commission determines that replacement
of the units on site would be in conflict with the parcel's zoning or would be an inappropriate
solution due to the site's physical constraints.
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When either of the above circumstances result, the owner shall replace the maximum
number of units on site which the Planning and Zoning Commission determines that the
site can accommodate and may replace the remaining units off site, at a location
determined acceptable to the Planning and Zoning Commission, or may replace the units
by extinguishing the requisite number of affordable housing credits, pursuant to Sec.
26.540, Certificates of Affordable Housing Credit.
When calculating the number of credits that must be extinguished, the most restrictive
replacement measure shall apply. For example, for an applicant proposing to replace one
1,000 square foot three-bedroom unit at the 50% rate using credits, the following
calculations shall be used:
50% of 1,000 square feet = 500 square feet to be replaced. At the Code mandated rate
of 1 FTE per 400 square feet of net livable area, this requires the extinguishments of
1.25 credits; or
A three-bedroom unit = 3.0 FTE’s. 50% of 3.0 FTE’s = 1.50 credits to be extinguished.
Therefore, in the most restrictive application, the applicant must extinguish 1.50 credits to
replace a three-bedroom unit at the 50% rate. The credits to be extinguished would be
Category 4 credits.
4. Fractional unit requirement. When the affordable housing replacement requirement of this
Section involves a fraction of a unit, fee-in-lieu may be provided only upon the review and
approval of the City Council, to meet the fractional requirement only, pursuant to Paragraph
26.470.110.C, Provision of required affordable housing via a fee-in-lieu payment.
5. Timing requirement. Any replacement units required to be deed-restricted as affordable
housing shall be issued a certificate of occupancy, according to the Building Department,
and be available for occupancy at the same time as, or prior to, any redeveloped free-market
units, regardless of whether the replacement units are built on site or off site.
6. Redevelopment agreement. The applicant and the City shall enter into a redevelopment
agreement that specifies the manner in which the applicant shall adhere to the approvals
granted pursuant to this Section and penalties for noncompliance. The agreement shall be
recorded before an application for a demolition permit may be accepted by the City.
7. Growth management allotments. The existing number of free-market residential units, prior
to demolition, may be replaced exempt from growth management, provided that the units
conform to the provisions of this Section. The redevelopment credits shall not be
transferable separate from the property unless permitted as described above in
Subparagraph 4, Location requirement.
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8. Exemptions. The Community Development Director shall exempt from the procedures and
requirements of this Section the following types of development involving Multi-Family
Housing Units. An exemption from these replacement requirements shall not exempt a
development from compliance with any other provisions of this Title:
a. The replacement of Multi-Family Housing Units after non-willful demolition such as
a flood, fire, or other natural catastrophe, civil commotion, or similar event not
purposefully caused by the landowner. The Community Development Director may
require documentation be provided by the landowner to confirm the damage to the
building was in-fact non-willful.
To be exempted, the replacement development shall be an exact replacement of the
previous number of units, bedrooms, and square footage and in the same
configuration. The Community Development Director may approve exceptions to
this exact replacement requirement to accommodate changes necessary to meet
current building codes; improve accessibility; to conform to zoning, design standards,
or other regulatory requirements of the City; or, to provide other architectural or site
planning improvements that have no substantial effect on the use or program of the
development. (Also see Chapter 26.312 – Nonconformities.) Substantive changes to
the development shall not be exempted from this Section and shall be reviewed as a
willful change pursuant to the procedures and requirements of this Section.
b. The demolition of Multi-Family Housing Units by order of a public agency including,
but not limited to, the City of Aspen for reasons of preserving the life, health, safety,
or general welfare of the public.
c. The demolition, combining, conversion, replacement, or redevelopment of Multi-
Family Housing Units which have been used exclusively as tourist accommodations or
by non-working residents. The Community Development Director may require
occupancy records, leases, affidavits, or other documentation to the satisfaction of the
Director to demonstrate that the unit(s) has never housed a working resident. All other
requirements of this Title shall still apply including zoning, growth management, and
building codes.)
d. The demolition, combining, conversion, replacement, or redevelopment of Multi-
Family Housing Units which were illegally created (also known as “Bandit Units”).
Any improvements associated with Bandit Units shall be required to conform to current
requirements of this Title including zoning, growth management, and building codes.
Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied
affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority.
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e. Any development action involving demising walls or floors/ceilings necessary for the
normal upkeep, maintenance, or remodeling of adjacent Multi-Family Housing Units.
f. A change order to an issued and active building permit that proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in the
opinion of the Community Development Director, should be rebuilt for structural,
safety, accessibility, or significant energy efficiency reasons first realized during
construction, which were not known and could not have been reasonably predicted
prior to construction, and which cause no or minimal changes to the exterior
dimensions and character of the building.
(Ord. No. 12, 2021, §1)
E. Expansion or new commercial development. The expansion of an existing commercial
building or commercial portion of a mixed-use building or the development of a new commercial
building or commercial portion of a mixed-use building shall be approved, approved with conditions
or denied by the Planning and Zoning Commission based on general requirements outlined in Section
26.470.080.
F. New free-market residential units within a multi-family or mixed-use project. The
development of new free-market residential units within a multi-family or mixed-use project shall be
approved, approved with conditions or denied by the Planning and Zoning Commission based on the
general requirements outlined in Section 26.470.080 above.
G. Expansion or new lodge development. The expansion of an existing lodge, the redevelopment
of existing lodge which meets the definition of demolition, or the development of a new lodge shall be
approved, approved with conditions or denied by the Planning and Zoning Commission based on the
following criteria:
Sixty-five percent (65%) of the employees generated by the lodge, timeshare lodge, exempt timeshare
units, and associated commercial development, according to Paragraph 26.470.050.B, Employee
generation, shall be mitigated through the provision of affordable housing. Free-market residential
units included in a lodge development and which may be rented to the general public as a lodge unit
shall be considered lodge units and mitigated through the provision of affordable housing in accordance
with this section. Affordable housing units provided shall be approved pursuant to Paragraph
26.470.100.D, Affordable housing.
New or redeveloped Boutique Lodges, or the conversion of lodge, residential or commercial uses to
boutique lodge is subject to the mitigation standards for commercial uses as provided for in section
26.470.080.D.1 and 3.
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Note: A Residential project that creates new lots via Subdivision (excepting lot splits) or new
multifamily units shall have the choice of using either subsection 26.470.100. H or 26.470.100.I,
as specified below. These development types require the granting of development allotments.
H. New Residential development – sixty percent (60%) affordable. The development of a
residential project or an addition of units to an existing residential project, in which a minimum of
sixty percent (60%) of the additional units and thirty percent (30%) of the additional Allowable
Floor Area is affordable housing deed-restricted in accordance with the Aspen/Pitkin County
Housing Authority Guidelines, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the following criteria:
a. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%) of
the project's additional Allowable Floor Area shall be affordable housing. Multi-site
projects are permitted. Affordable housing units provided shall be approved pursuant to
Paragraph 26.470.100.D, Affordable housing, and shall average Category 4 rates as defined
in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may
choose to provide mitigation units at a lower category designation.
b. If the project consists of only one (1) free-market residence, then a minimum of one (1)
affordable residence representing a minimum of thirty percent (30%) of the project's total
Allowable Floor Area and deed-restricted as a Category 4 "for sale" unit, according to the
provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify.
New Residential development – seventy percent (70%) affordable.The development of a
residential project or an addition to an existing residential project, in which seventy percent
(70%) of the project's additional units and seventy percent (70%) of the project's additional
bedrooms are affordable housing deed-restricted in accordance with the Aspen/Pitkin County
Housing Authority Guidelines, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the following criteria:
a. Seventy percent (70%) of the total additional units and total additional bedrooms
shall be affordable housing. At least forty percent (40%) of the units shall average
Category 4 rates as defined in the Aspen/Pitkin County Housing Authority
Guidelines. The remaining thirty-percent affordable housing unit requirement may
be provided as Resident Occupied (RO) units as defined in the Aspen/Pitkin County
Housing Authority Guidelines. Multi-site projects are permitted. Affordable
housing units provided shall be approved pursuant to Paragraph 26.470.070.4,
Affordable housing. An applicant may choose to provide mitigation units at a lower
category designation.
b. If the project consists of one (1) free-market residence, then the provision of one (1)
RO residence and one (1) category residence shall be considered meeting the
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seventy-percent unit standard. If the project consists of two (2) free-market
residences, then the provision of two (2) RO residences and two (2) category
residences shall qualify.
(Ord. No. 6, 2019, §6; Ord. No. 12, 2019, §8, §9, §10; Ord. No. 13-2021, §4)
26.470.110. City Council applications.
The following types of development shall be approved, approved with conditions or denied by the City
Council, pursuant to Section 26.470.060, Procedures for review, and the criteria for each type of
development described below. Except as noted, all growth management applications shall comply with
the general requirements of Section 26.470.080. Except as noted, all City Council growth management
approvals shall be deducted from the respective annual development allotments.
A. Multi-year development allotment. The City Council, upon a recommendation from the
Planning and Zoning Commission, shall approve, approve with conditions or deny a multi-year
development allotment request based on the following criteria:
1) A project is required to meet at least five (5) of the following criteria.
a. The proposal exceeds the minimum affordable housing required for a standard project.
b. The proposed project represents an excellent historic preservation accomplishment. A
recommendation from the Historic Preservation Commission shall be considered for
this standard.
c. The proposal furthers affordable housing goals by providing units established as priority
through the current Aspen/Pitkin County Housing Authority Guidelines and provides a
desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles,
seniors, families, etc.).
d. The proposal minimizes impacts on public infrastructure by incorporating innovative,
energy-saving techniques. Recommendations from relevant departments shall be
considered for this standard. For example, if an applicant proposed an innovative design
related to the storm sewer system, a recommendation from the Engineering Department
shall be considered.
e. The proposal minimizes construction impacts beyond minimum requirements both
during and after construction. A recommendation from the Engineering and Building
Departments shall be considered for this standard.
f. The proposal maximizes potential public transit usage and minimizes reliance on the
automobile by exceeding the requirements in Section 26.515, Off-Street Parking and
Mobility. A recommendation from the Transportation and Engineering Departments
shall be considered for this standard.
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g. The proposal exceeds minimum requirements of the Efficient Building Code or for
LEED certification, as applicable. A recommendation from the Building Department
shall be considered for this standard.
h. The proposal represents a desirable site plan and an architectural design solution.
i. The proposal promotes opportunities for local businesses through the provision of Alley
stores or second-tier commercial space.
2) The project complies with all other provisions of the Land Use Code and has obtained all
necessary approvals from the Historic Preservation Commission, the Planning and Zoning
Commission and the City Council, as applicable.
3) The Community Development Director shall be directed to reduce the applicable annual
development allotments, as provided in Section 26.470.120, in subsequent years as
determined appropriate by the City Council.
B. Provision of required affordable housing units outside City limits. The provision of
affordable housing, as required by this chapter, with units to be located outside the City boundary, upon
a recommendation from the Planning and Zoning Commission, shall be approved, approved with
conditions or denied by the City Council based on the following criteria:
1) The off-site housing is within the Aspen Urban Growth Boundary.
2) The proposal furthers affordable housing goals by providing units established as priority
through the current Aspen/Pitkin County Housing Authority Guidelines and provides a
desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles, seniors
and families).
3) The applicant has received all necessary approvals from the governing body with
jurisdiction of the off-site parcel.
City Council may accept any percentage of a project's total affordable housing mitigation to be
provided through units outside the City's jurisdictional limits, including all or none.
C. Provision of required affordable housing via a fee-in-lieu payment. The provision of
affordable housing in excess of 0.10 Full-Time Equivalents (FTEs) via a fee-in-lieu payment, upon a
recommendation from the Planning and Zoning Commission shall be approved, approved with
conditions or denied by the City Council based on the following criteria:
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1) The provision of affordable housing on site (on the same site as the project requiring such
affordable housing) is impractical given the physical or legal parameters of the development
or site or would be inconsistent with the character of the neighborhood in which the project
is being developed.
2) The applicant has made a reasonable good-faith effort in pursuit of providing the required
affordable housing off site through construction of new dwelling units, the deed restriction
of existing dwelling units to affordable housing status, or through the purchase of affordable
housing certificates.
3) The applicant has made a reasonable good-faith effort in pursuit of providing the required
affordable housing through the purchase and extinguishment of Certificates of Affordable
Housing Credit.
4) The proposal furthers affordable housing goals, and the fee-in-lieu payment will result in
the near-term production of affordable housing units.
The City Council may accept any percentage of a project's total affordable housing mitigation to
be provided through a fee-in-lieu payment, including all or none.
D. Essential public facilities. The development of an essential public facility, upon a
recommendation from the Planning and Zoning Commission, shall be approved, approved with
conditions or denied by the City Council based on the following criteria:
1) The Community Development Director has determined the primary use and/or structure to
be an essential public facility (see definition). Accessory uses may also be part of an
essential public facility project.
2) The Planning and Zoning Commission shall determine the number of employees generated
by the essential public facility pursuant to Section 26.470.050.C, Employee generation
review.
3) Upon a recommendation from the Community Development Director and the Planning and
Zoning Commission, the City Council may assess, waive or partially waive affordable
housing mitigation requirements as is deemed appropriate and warranted for the purpose of
promoting civic uses and in consideration of broader community goals.
E. Preservation of significant open space parcels. On a project-specific basis and upon a
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recommendation from the Planning and Zoning Commission, the City Council shall approve, approve
with conditions or deny development of one (1) or more residences in exchange for the permanent
preservation of one (1) or more parcels considered significant for the preservation of open space. The
preservation parcel may lie outside the City jurisdiction. The exempted residential units shall be
deducted from the respective annual development allotment established pursuant to Section
26.470.040.B. The exempted residential units shall provide affordable housing mitigation, pursuant to
the requirements of Section 26.470.100.E. This exemption shall only apply to the specific residences
approved through this provision. Other residences within a project not specifically exempted through
this provision shall require growth management approvals pursuant to this Chapter. The criteria for
determining the significance of a preservation parcel and the associated development rights to be
granted may include:
1) The strategic nature of the preservation parcel to facilitate park, trails or open space
objectives of the City. This shall include a recommendation from the City of Aspen Open
Space Acquisition Board.
2) Identification of the preservation parcel as desirable for preservation in any adopted master
plans of the City or following a recommendation from the Parks and Open Space
Department.
3) Proximity and/or visibility of the preservation parcel to the City.
4) The development rights of the preservation parcel, including the allowed uses and
intensities and impacts associated with those uses if developed to the maximum.
5) The proposed location of the parcel being granted growth management approvals and the
compatibility of the resulting uses and intensities of development with the surrounding
neighborhood, including the impacts from the specified method of providing affordable
housing mitigation. The new residences shall be restricted to the underlying zoning
restrictions of the property on which they lie unless additional restrictions are necessary in
order to meet this criterion.
6) The preservation parcel shall be encumbered with a legal instrument, acceptable to the City
Attorney, which sterilizes the parcel from further development in perpetuity.
F. Reduction in lodge units. The reduction of units in an existing or approved Lodge or Boutique
Lodge shall be reviewed pursuant to the standards listed below. Review shall be by City Council
pursuant to Section 26.470.060(C) Step Two. Properties ceasing all lodging operations shall not
be subject to this review. Physical changes to the property may be required for compliance with
zoning limitations.
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a. The project shall comply with the review standards outlined in Section 26.425.035,
Conditional Use – Boutique Lodge –but shall not be subject to a Conditional Use review unless
required by the underlying zone district or overlay zone district.
b. The proposed use meets the definition of Boutique Lodge or Lodge in section 26.104.110, as
applicable.
c. The proposed reduction will likely result in a product that meets customer demand. The
lodge may provide documentation to indicate their targeted consumer’s lodging expectations.
d. The proposed reduction will not likely result in the property being used as a private residence.
The city may request assurances that the lodge is not being converted to a private residence
through a development agreement, or the like.
(Ord. No. 12, 2019, §11, §12)
26.470.120.Yearly Growth management accounting procedures.
A. General. The Community Development Director shall maintain an ongoing account of available,
requested and approved growth management allocations for all land uses identified in Table 1 of
Section 26.470.020. Allotments shall be considered allocated upon issuance of a development order
for the project. Unless specifically not deducted from the annual development allotment, all units of
growth shall be included in the accounting. Approved affordable housing units shall be counted
regardless of the unit being provided as mitigation or otherwise.
B. Yearly Allotment Carry-Forward Procedures. At the conclusion of each growth management
year, the Community Development Director shall prepare a summary of growth allocations. The City
Council, at its first regular meeting of the growth management year, shall review the prior year's growth
summary, consider a recommendation from the Community Development Director, and shall, via
adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward
and added to the annual allotment. A public hearing is not required and this action may be completed
as part of City Council’s consent calendar.
The City Council may carry forward any portion of the previous year's unused allotment, including all
or none. The City Council shall consider the following criteria in determining the allotments to be
carried forward:
1) The community's growth rate over the preceding five-year period.
2) The ability of the community to absorb the growth that could result from a proposed
development utilizing accumulated allotments, including issues of scale, infrastructure
capacity, construction impacts and community character.
3) The expected impact from approved developments that have obtained allotments, but that
have not yet been built.
There is no limit, other than that implemented by the City Council, on the amount of potential growth
that may be carried forward to the next year.
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Any allotments awarded to a project which does not proceed and which are considered void shall
constitute unused allotments and may be considered for allotment roll-over by the City Council for the
year from which they were assigned. If a project decides not to proceed with the development after
Council’s decision on roll-over allotments for that year, then those allotments shall be considered
expired and no longer available. Allotments shall be considered vacated by a property owner upon
written notification from the property owner or upon expiration of the development right pursuant to
Section 26.470.040.D, Expiration of growth management allotments.
26.470.130.Application contents.
Applications for growth management shall include the following:
1) The general application information required in Common development review procedures,
Chapter 26.304.
2) A site-improvement survey meeting the requirements of Title 29, Engineering Design
Standards.
3) A description of the project and the number and type of the requested growth management
allotments.
4) A detailed description and site plan of the proposed development, including proposed land
uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open
space areas, infrastructure improvements, site drainage and any associated off-site
improvements.
5) A description of the proposed affordable housing and how it provides adequate mitigation
for the project and conforms to the Aspen/Pitkin County Housing Authority Guidelines.
6) A statement specifying the public facilities that will be needed to accommodate the
proposed development, proposed infrastructure improvements and the specific assurances
that will be made to ensure that the public facilities will be available to accommodate the
proposed development.
7) A written response to each of the review criteria for the particular review requested.
8) Copies of required approvals from the Planning and Zoning Commission, Historic
Preservation Commission and the City Council, as necessary.
26.470.140.Reconstruction limitations.
In reconstruction scenarios, growth management allotments and any other reconstruction rights that
this Code establishes, may continue, subject to the following limitations.
A.An applicant may propose to demolish and then delay the reconstruction of existing development
for a period not to exceed one (1) year. To comply with this limitation and maintain the reconstruction
right, an applicant must submit a complete building permit application for reconstruction on or before
the one-year anniversary of the issuance date of the demolition permit. The City Council may extend
this deadline upon demonstration of good cause. The continuation of growth management allotments
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in a reconstruction scenario for single-family and duplex development are not subject to this time
limitation.
B.Single-family and duplex development receive no credit for existing Mitigation Floor Area for the
purposes of determining affordable housing mitigation in redevelopment scenarios that meet the
definition of Demolition – per 26.580. The exception to this is when a single-family or duplex is
demolished by an act of nature or through any manner not purposefully accomplished by the owner.
C.Applicants shall verify existing conditions prior to demolition with the City Zoning Officer in order
to document any reconstruction rights. An applicant's failure to accurately document existing
conditions prior to demolition and verify reconstruction rights with the City Zoning Officer may result
in a loss of some or all of the reconstruction rights.
D.Reconstructed buildings shall comply with applicable requirements of the Land Use Code,
including but not limited to Chapter 26.312, Nonconformities, and Chapter 26.710, Zone Districts.
E.Any reconstruction rights shall be limited to reconstruction on the same parcel or on an adjacent
parcel under the same ownership.
F.Residential redevelopment credits may be converted to lodge redevelopment credits by right. The
conversion rate shall be three (3) lodge units per each one (1) residential unit. This is a one-way
conversion, and lodge credits may not be converted to residential credits.
26.470.150.Amendment of a growth management development order.
A. Insubstantial amendment. An insubstantial amendment to an approved growth management
development order may be authorized by the Community Development Director if:
1) The change conforms to all other provisions of the Land Use Code and does not exceed
approved variations to the residential design standards, require an amendment to the
commercial design review approval or such variations or amendments have been approved.
2) The change does not alter the number, size, type or deed restriction of the proposed
affordable housing units, subject to compliance with the Aspen/Pitkin County Housing
Authority Guidelines.
3) The change is limited to technical or engineering considerations discovered prior to or
during actual development that could not reasonably be anticipated during the review
process or any other minor change that the Community Development Director finds has no
substantial effect on the conditions and representations made during the original project
review.
B. Substantial amendment. All other amendments to an approved growth management
development order shall be reviewed pursuant to the terms and procedures of this Chapter.
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Allotments granted shall remain valid and applied to the amended application, provided that
the amendment application is submitted prior to the expiration of vested rights. Amendment
applications requiring additional allotments or allotments for different uses shall obtain those
allotments pursuant to the procedures of this Chapter. Any new allotments shall be deducted
from the growth management year in which the amendment is submitted.
(Ord. No. 12, 2019, §13)
26.470.160.Appeals.
A. Appeal of adverse determination by Community Development Director. An appeal
made by an applicant aggrieved by a determination made by the Community
Development Director on an application for administrative review shall be to the
Planning and Zoning Commission. The appeal procedures set forth at Chapter 26.316
shall apply. The Planning and Zoning Commission may reverse, affirm or modify the
decision or determination of the Community Development Director based upon the
application submitted to the Community Development Director and the record
established by the Director's review. The decision of the Planning and Zoning
Commission shall constitute the final administrative action on the matter.
B. Appeal of adverse determination by Planning and Zoning Commission. An appeal
made by an applicant aggrieved by a determination made by the Planning and Zoning
Commission on an application for Planning and Zoning Commission review shall be to
the City Council. The appeal procedures set forth at Chapter 26.316 shall apply. The
City Council may reverse, affirm or modify the decision or determination of the
Planning and Zoning Commission based upon the application submitted to the Planning
and Zoning Commission and the record established by the Commission's review. The
decision of the City Council shall constitute the final administrative action on the matter.
C. Insufficient development allotments. Any property owner within the City who is
prevented from developing a property because that year's development allotments have
been entirely allocated may appeal to the City Council for development approval. An
application requesting allotments must first be denied due to lack of necessary
allotments. The appeal procedures set forth at Chapter 26.316 shall apply. The City
Council may take any such action determined necessary, including but not limited to
making a one-time increase of the annual development allotment sufficient to
accommodate the application.
(Ord. No. 14, 2007, §1; Ord. No. 14, 2007, §10; Ord. No. 31, 2016, §1; Ord. 23, 2017, §14-17)
Section 8:
Land Use Code Sections 26.540.040; 26.540.050; 26.540.060; 26.540.070; and 26.540.080.
Certificates of Affordable Housing Credits shall be rescinded and readopted as follows:
Chapter 26.540
CERTIFICATES OF AFFORDABLE HOUSING CREDIT
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26.540.040 Authority
The Community Development Director, in accordance with the procedures, standards, and limitations
of this Chapter and of Chapter 26.304, Common Development Procedures, shall approve, approve with
conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit
for projects that have been previously approved, or are being reviewed concurrently with 26.470.090.C.
The Planning and Zoning Commission (or Historic Preservation Commission) shall approve, approve
with conditions, or deny an application being reviewed concurrently with 26.470.100.C.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §)
26.540.050 Application
All applications shall include the information required under Chapter 26.304, Common Development
Review Procedures.In addition, all applications must also include the following information.
1. The net livable square footage of each unit and proposed number of bedrooms.
2. If applicable, the conditions under which reductions from net minimum livable square footage
requirements are requested according to Aspen Pitkin County Housing Authority Guidelines and a
copy of the recommendation from APCHA related to the units.
3. Proposed Category designation for each unit.
4. Proposed Category Designation of sale or rental restriction for each unit. This should include and
conditions that APCHA will require related to either the sale and/or rental of the units.
5. Proposed employees housed by the affordable housing units in increments of no less than one-one-
hundredth (.01) according to Section 26.470.050.D (Table 4, FTEs Housed).
6.. For projects approved that include affordable housing units within a designated structure, provide a
calculation for the Credits generated within the designated structure that includes a multiplier of 1.2 x
the employees housed per paragraph 5, immediately above. This multiplier recognizes the additional
costs related to preservation efforts of designated structures. The multiplier does not apply to
units/Credits established in non-historic structures in the same project.
7. For projects that are converting (without demolition) existing free-market (single family, duplex, or
multi-family) units into Category, deed-restricted units for the purpose of establishing affordable
housing credits, the application shall additionally contain the following:
a. Recommendation from APCHA that identifies the development standards for a project or
unit being accepted into a deed restriction by APCHA. The application should specifically
reference APCHA’s evaluation of the property and any necessary improvements to the property
necessary to meet APCHA requirements. Eventual issuance of credits will be conditioned on
fulfilling the identified development requirements.
b. A precise evaluation, conducted by an architect or other qualified party that identifies
the existing net livable area of the unit is required. If a unit is below APCHA’s minimum
net livable area based on the number of bedrooms (as established by APHCA’s
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Guidelines), a 400 square feet per FTE calculation will be utilized instead of the bedroom
count, in determining the number of Credits that will be generated by the project.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 11-2021, §2)
26.540.060 Procedures for establishing an affordable housing credit
A development application to establish a certificate of Affordable Housing Credit shall be reviewed
pursuant to the Common Development Review Procedures set forth at Chapter 26.304, and the
following procedures and standards.
A. Administrative Review by the Community Development Director for projects that have
received previous GMQS approval for the establishment of affordable housing, or in a combined
review with projects that are being reviewed administratively under 26.470.090.C.
1. Purpose: To determine if the application meets the standards for authorizing establishment of
a Certificate of Affordable Housing Credit
2. Process: The Community Development Director shall approve, approve with conditions, or
deny the application after considering the recommendation of the Community Development
Director.
3. Standards of review: 26.540.070
4. Form of decision: The Community Development Director decision shall be documented in a
recorded Notice of Approval. The Notice of Approval may include a description or diagram of
the affordable housing and any necessary conditions of approval.
5.Notice requirements: The requirements of 26.304.080 shall apply.
B. Planning and Zoning Commission (or Historic Preservation Commission) review for projects
that are being reviewed under 26.470.100.C
1. Purpose: To determine if the application meets the standards for authorizing establishment of
a Certificate of Affordable Housing Credit.
2. Process: The Planning and Zoning Commission shall approve, approve with conditions, or
deny the application after considering the recommendation of the Community Development
Director.
3. Standards of review: 26.540.070
4. Form of decision: Planning and Zoning Commission decision shall be by resolution. The
resolution may include a description or diagram of the affordable housing.
5. Notice requirements: The requirements of 26.304.080 shall apply. No public hearing notice is
required.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.070 Review criteria for establishing an affordable housing credit
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An Affordable Housing Credit may be established by the Community Development Director or
Planning and Zoning Commission if all of the following criteria are met. The proposed units do not
need to be constructed prior to this review.
A.The proposed affordable housing unit(s) comply with the review standards of Section
26.470.080.D.7.a-g.
B.The affordable housing unit(s) are not an obligation of a Development Order and are
not otherwise required by this Title to mitigate the impacts of development.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 11-2021, §3)
26.540.080 Procedure for issuing a certificate of affordable housing credit
A. The Community Development Director Notice of Approval or The Planning and Zoning
Commission Resolution in approving the establishment of Affordable Housing Credits for a project
shall identify one of two possible paths for the eventual issuance of established credits:
1. Upon completion of the project and the presentation of a Certificate of Occupancy and APCHA
deed restriction for the completed affordable units, 100% of the approved Certificates shall be issued
in a form prescribed by the Community Development Director; or,
2. Upon presentation of a performance bond, letter of credit, or other financial instrument acceptable
to the City Attorney in guaranteeing the eventual completion of the project, a project developer will
receive phased issuance of Affordable Housing Credits per the following schedule:
30% of approved Credits at completion of foundation inspection
30% of approved Credits at completion of framing / roofing inspection
40% of approved Credits at presentation of Certificate of Occupancy and the APCHA
deed restriction
3. The bond, letter of credit, or other financial instrument shall be presented and reviewed with the
submission of the building permit and will be for an amount of 100 % of the total project valuation.
4. Approval of phased issuance of Affordable Housing Credits must be included in the Notice of
Approval or Planning and Zoning Commission Resolution. No phased issuance shall occur until the
City Attorney has reviewed and approved the provided financial instrument.
5. If phased issuance is approved by Notice of Approval or Resolution and the project developer
determines ultimately not to pursue the phased issuance, Credits will be issued per Paragraph 1 at the
time of the completed project.
B. Upon successful completion of the requirements of Paragraph 1 or 2 above, the issued Certificate of
Affordable Housing Credit shall include the following information:
1. A number of the Certificate in chronological order of their issuance.
2. Parcel identification number, legal address and the street address of the affordable housing.
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The Category Designation and number of employees housed by the affordable housing units, according
to Section 26.470.050.D –Employees Housed; in increments of no less than one-one-hundredths (.01).
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 34-2015, §3; Ord. No. 11-2021, §4)
Section 9:
Land Use Code Sections 26.575.020.D; 26.575.020.E; 26.575.020.F; 26.575.020.H.; 26.575.020.I;
26.575.020.J; and 26.575.020.K.Calculations and Measurements shall be rescinded and readopted as
follows:
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
26.575.020 Calculations and Measurements
D.Measuring Floor Area. In measuring Floor Areas (Inclusive of Gross, Allowable, Mitigation,
and Floor Area Ratio (FAR), the following applies:
1.General. Floor area shall be attributed to the lot or parcel upon which it is developed. In
measuring a building for the purposes of calculating Floor Areas, there shall be included all
areas within the surrounding exterior walls of the building. When measuring from the exterior
walls, the measurement shall be taken from the exterior face of framing, exterior face of
structural block, exterior face of straw bale, or similar exterior surface of the nominal structure
excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted insulation
systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks,
shingles, clapboards or other similar exterior veneer treatments. (Also, see setbacks.)
Figure 2: Measuring to Face of Framing
Note: In measuring Floor Area for the purposes of calculating employee generation and affordable
housing mitigation for single-family, duplex, and multi-family development, a distinct calculation is
made for Mitigation Floor Area.. Please refer to 26.470.090 to determine which Floor Area
exclusions shall be deducted from the Gross Floor area to determine the Mitigation Area total.
Framing
Exterior
Face of Property
Line
Window
Window
Wood Veneer
Stone
Floor Area Measured to Face of
Framing
Setback measured
to edge of veneer
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Measuring Allowable Floor Area shall include the following exclusions and exemptions included in
Sections 26.575.020.D.3 - 26.575.020.D.13
2. Floor Area Definitions and Purpose.
a.Floor area. A general term used to describe the sum total of the gross horizontal areas of
each story of the building measured from the exterior walls of the building. Floor Area is
distinct from the specific definitions below, but may include Gross Floor Area, Mitigation
Floor Area, Allowable Floor Area (see specific definitions of each type below for additional
clarity. Also see, Supplementary Regulations — Section 26.575.020, Calculations and
measurements.
i.Floor Area, Gross. Gross floor area is gross horizontal area of all floors in a
building, and of all floors in any accessory structure on the same lot, measured from
the exterior face framing of the exterior walls (See Section 26.575.020.D), or the
centerline of a common wall separating two buildings, but excluding unenclosed
balconies. This floor area measurement is the total floor area in which Mitigation
Floor area and Allowable floor area exclusions are deducted from as established in
Section 26.575.020.D.2. None of the Floor Area Exemptions in Section
26.575.020.D are considered in this calculation.
Gross Floor Area should be calculated and documented in any land use or building
permit application.
ii.Floor Area, Allowable. –The total amount of floor area allowed on a
property based on the limitations and allowances in the applicable zone
district in Title 700 and calculated pursuant to Section 26.575.020.D,
Calculations and Measurements.
Sections Applicable to the Calculation of Allowable Floor Area
Vertical Circulation YES
Attic and Crawl Spaces YES
Decks, Balconies, Loggias,
Gazebos, Trellis, Exterior
Stairways, and non-Street-
facing porches
YES
Front Porches. YES
Patios YES
Garages and carports YES
Subgrade areas YES
Accessory Dwelling Units
and Carriage Houses
YES
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Permanently Affordable
Accessory Dwelling Units
and Carriage Houses
YES
Sheds, Storage Areas, and
similar Accessory Structures
YES
Historic Sheds and
Outbuildings
YES
Wildlife-Resistant Trash and
Recycling Enclosures
YES
Allocation of Non-Unit
Space in a mixed-use
building.
YES
Airlocks YES
iii.Floor Area, Mitigation – The Gross Floor Area of a structure minus exclusions
included in Section 26.575.020.D. This floor area measurement is used to assess
required affordable housing mitigation for a given project.
Sections Applicable to the Calculation of Mitigation Floor Area
Vertical Circulation NO*
Attic and Crawl Spaces YES
Decks, Balconies, Loggias,
Gazebos, Trellis, Exterior
Stairways, and non-Street-
facing porches
YES
Front Porches. YES
Patios YES
Garages and carports NO*
Subgrade areas NO*
Accessory Dwelling Units
and Carriage Houses
YES
Permanently Affordable
Accessory Dwelling Units
and Carriage Houses
YES
Sheds, Storage Areas, and
similar Accessory Structures
YES
Historic Sheds and
Outbuildings
YES
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Wildlife-Resistant Trash and
Recycling Enclosures
YES
Allocation of Non-Unit
Space in a Mixed Use
Building
N/A
Airlocks N/A
* Floor Area to be included in Mitigation Floor Area Calculation.
iv.Floor Area, Non-unit space.The 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.D.14 – Calculations and Measurements.)
b.Floor area ratio (FAR). The total floor area of all structures on a lot divided by the lot
area.
3. Vertical circulation. When calculating vertical circulation, the circulation element shall be
counted as follows:
a) For stairs and elevators, the area of the feature shall be projected down and counted on the
lower of the two levels connected by the element and not counted as Floor Area on the
top-most interior floor served by the element.
b) When a stairway or elevator connects multiple levels, the area of the feature shall be
counted on all levels as if it were a solid floor except that the area of the feature shall not
be counted as Floor Area on the top-most interior level served by the element.
c) Mechanical and overrun areas above the top-most stop of an elevator shall not be counted
as Floor Area. Areas below the lowest stop of an elevator shall not be counted as Floor
Area.
4. 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 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:
a. 6 feet or less in height measured between the hard floor structure and floor framing; and
b. Accessible only through an interior floor hatch, exterior access panel, or similar feature;
and
c. 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
6 feet 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.
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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)An attic area accessible only through an interior pull-down access ladder is exempt.
c)An unfinished attic space or an unfinished crawl space over 4 feet in height which has
convenient access is counted.
d)A crawl space that is 6 feet in height, is accessible only through an interior hatch and is a
reasonable size to accommodate the mechanical equipment is exempt.
5.Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non-Street-facing
porches.
d)For free-market residential units located within the Mixed Use Zone District,
Commercial Core (CC) Zone District, and Commercial (C-1) Zone District, at-grade
patios, decks (other than roof-top decks), balconies, exterior stairways, trellis, and
other similar features may only be expanded up to 15% of the total free-market
residential floor area. Such free-market units shall not be able to utilize any other
exemptions to floor area outlined in Section 26.575.020(D).
8.Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the
calculation of Floor Area based on the portion of the level exposed above grade.
The percentage of the gross area of a partially subgrade level to be counted as Floor Area
shall be the surface area of the exterior walls exposed above natural or finished grade,
whichever is lower, 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.
Figure 3: Thirty inch height exemption
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Example: If 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.
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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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
area shall include the area within the gable of the roof.
Area counts
towards wall
calculation
Figure 7: Pitched roof with subgrade calculation
Space A and B are on the same level,
while Space A and C are on different levels.
Figure 6: Determining different building levels
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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.
Single-family and duplex structures shall contain no more than one floor level below finished
grade. A basement with a stepped floor is allowed. The finished floor level shall be no more
than 15 feet below finished grade. A crawl space below the basement, compliant with the
limitations of Section 26.575.020.D.3, shall be exempt from this depth limitation.
When it is necessary to determine the floor area of an individual unit within a duplex or multi-
family building, it shall be calculated from the exterior walls to the centerline of any party
walls it shares with other units.
In order to determine the subgrade area of an individual unit in a duplex or multi-family
building that applies toward Floor Area calculations, the subgrade gross square footage of an
individual unit shall be multiplied by the percentage of exterior walls exposed above grade for
the entire structure.
Example:
a. The subgrade exemption for the structure is 40% (exposed wall divided by total wall).
b. Unit A has 500 square feet below grade, measured from exterior wall to the centerline
of the party walls it shares with Unit B. Unit B has 900 square feet.
c. 0.40 (entire duplex exposed percentage) x 500 (Unit A subgrade gross square footage)
= 200 square feet subgrade floor area that applies toward the total Floor Area for Unit
A. 0.40 (entire duplex exposed percentage) x 900 (Unit B subgrade gross square
footage) = 360 square feet subgrade floor area that applies toward the Floor Area for
Unit B.
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14. Allocation of Non-Unit Space in a mixed-use building. In order to determine the total floor area
of individual uses in a mixed-use building, the 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 Areais required. The building's Gross Floor
Area, minus all non-unit space, shall be divided proportionately amongst the individual use
categories in a building. These numbers shall then be calculated as a percent of the Gross Floor
Area number.
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
Unit A: 500 sq. ft.
Unit B: 900 sq.
ft.
Duplex subgrade area
40% exposed above grade
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+1,000 sq. ft. non unit floor area (1,250 sq. ft.- 250 sq. ft. for exempt garage)
=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:
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.
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4.A stairway that is interior to a single unit, which for example connects a two level
commercial space, counts toward commercial floor area.
E.Measuring Setbacks.
1.General. Required setbacks shall be unoccupied and unobstructed within an area extending
horizontally from the parcel boundary to the setback line and vertically above and below
grade, excepting allowed projections as described below.
For new construction, and for redevelopment projects following a demolition of a structure
for any use type, required setbacks shall be measured perpendicularly from all points of the
parcel boundary to the outermost exterior of a structure, including all exterior veneer such as
brick, stone, or other exterior treatments, but excluding allowed projections as further
described in subsection E.5., below
For existing single-family, duplex, and multi-family residential structures, that ropose energy
efficiency of fire protection upgrades on the exterior of the structure,, required setbacks shall
be measured perpendicular from all points of the parcel boundary to the exterior face of
framing of a structure, to a maximum of 8” of all exterior veneer such as brick, stone or other
exterior treatments, including fire proofing, exterior insulation, and any methods of
attachment for insulation systems, but excluding allowed projections as further described in
subsection E.5, below.
For existing single-family, duplex and multi-family residential structures that encroach into
the setback and propose energy efficiency of fire protection upgrades on the exterior of the
structure, up to a to maximum of 8” of all exterior veneer such as brick, stone or other exterior
treatments, including fire proofing, exterior insulation, and any methods of attachment for
insulation, may be added to the wall assembly without triggering compliance with Chapter
26.430 –Non-Conformities
2.Determining Front, Rear, and Side Yards. The front yard setback shall be measured from the
front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot
Figure 8: SetbackFigure 1:
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from a Street or street right-of-way. All parcels have a front lot line. There shall not be more
than one front lot line.
The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be
the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall
have only one rear lot line.
Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those
parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot
line and may have multiple side lot lines.
For corner parcels, the front lot line shall be the parcel boundary along the Street with the
longest block length and the remaining boundary shall be a side lot line.
For corner parcels where the parcel boundary follows a curving Street, the midpoint of the
curve shall be used to differentiate the front lot line and the side lot line. In this case, the
boundary segment with the shortest Street frontage shall be the front lot line.
Figure 9: Determining
Setbacks
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For reverse curve lots, the curved portion of the lot line shall be considered the front lot line
and the two opposing parcel boundaries shall be considered side lot lines.
For all double frontage lots with Streets on opposite sides of the parcel, except for those
parcels abutting Main Street, the front lot line shall be the parcel boundary with the greatest
length of Street frontage and the opposing lot boundary shall be the rear lot line.
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For double frontage lots with equal length street frontages, the front lot line shall mirror the
front lot lines of the adjoining lots to the extent practical.
For double frontage lots abutting Main Street, the front lot line shall be the lot line adjoining
Main Street.
The Community Development Director shall resolve any discrepancies or situations where the
foregoing text does not provide definitive clarity by issuance of a recordable administrative
determination.
5.Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below
ground except for the following allowed projections:
k)Landscape walls, berms, retaining walls, stairways and similar structures, which do not
exceed thirty (30) inches vertically above or below the lower of natural or finished grade
Improvements may be up to thirty (30) inches above and below grade simultaneously, for
up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if
determined to be necessary for the structural integrity of the improvement. Berms are
prohibited in the front yard setback.
n)Heating and air conditioning equipment and similar mechanical equipment, but excluding
generators, shall have the following requirements:
a.Prohibited between any lot line adjacent to a street and any structure; and
b.Shall be located at least double the minimum setback for a primary structure from
any lot line adjacent to a street; and
c.If visible from the street, these features shall be screened in accordance with
Section 26.575.050, Fences,with natural features, or by other means determined
appropriate by the Community Development Director; and
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d.If located within a setback not adjacent to a street, these features shall not exceed
thirty (30) inches above and forty-eight (48)inches below finished grade. These
features may be up to thirty (30) inches above and forty-eight (48) inches below
finished grade simultaneously.
o)The height and placement of energy efficiency or renewable energy production systems
and equipment, which are located adjacent to or 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. These systems are discouraged between any
lot line adjacent to a street and any structure. For energy production systems and
equipment located on top of a structure, see sub-section F.4.
The Community Development Director may approve exceptions to the requirements of m), n),
and o) above. The Community Development Director must first determine that the visual
impact of the exemption is minimal, that no other reasonable option exists, or that there is a
significant increase in efficiency gained as a result of flexibility. Approval may be granted
during building permit review, or as part of a site-specific development approval.
p)Fences and hedges less than forty-two (42) inches in height, as measured from finished
grade, are permitted in all required yard setbacks. Fences and hedges up to six (6) feet in
height, as measured from finished grade, are permitted only in areas entirely recessed
behind the vertical plane established by the portion of the building facade which is closest
to the Street. This restriction applies on all Street-facing facades of a parcel. (Also see
Section 26.575.050 –Supplementary Regulations for limitations on fence materials.)
q)Driveways not exceeding twenty-four (24) inches above or below finished grade within
any setback of a yard facing a Street. Within all other required setbacks, finished grade of
a driveway shall not exceed thirty (30) inches above or below finished grade.
r)Parking may occur in required setbacks if within an established driveway or parking area
and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the
property, or has otherwise been approved by the City.
s)Non-permanent features which are not affixed to the ground such as movable patio
furniture, outdoor seating or a picnic table, barbeque grills, children’s play equipment, and
42” fence
height
Front
Façade line
Of house
72” fence
height
Figure 17
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similar non-permanent features which are not affixed to the ground. This exemption shall
not allow storage sheds or containers.
t) Wildlife-resistant Trash and Recycling enclosures located in residential zone districts shall
be prohibited in all yards facing a Street. These facilities may be placed within non-street
facing yards if the enclosure is the minimum reasonably necessary in both height and
footprint, is an unconditioned space not integrated with other structures on the property,
and serves no other purpose such as storage, garage space, or other purposes unrelated to
protecting wildlife. Wildlife-resistant trash and recycling enclosures located in
commercial, mixed-use, or lodging zone districts are not exempt from setback
requirements and shall comply with zone district requirements for Utility/Trash/Recycle
areas.
Temporary intermittent placement of trash and recycling containers in or along yards
facing a Street is allowed. For example, on “trash day.”
Enclosures shall be located adjacent to the alley where an alley borders the property and
shall not be located in a public right-of-way. Unless otherwise approved by the Historic
Preservation Commission, enclosures shall not abut or be attached to a historic structure.
Enclosures may abut other non-historic structures.
For projects that are proposed to be, or are currently 100% Deed Restricted Affordable
Housing, Wildlife-resistant trash and recycling enclosures shall be located along the alley,
when possible. If no alley exists, the enclosure may be located in a street facing yard if
located and designed in a way to minimize visual impact of the enclosure, ensure efficient
use of the enclosure, and the minimum size necessary in both height and footprint to meet
the requirements of Title 12 of the Municipal Code.
u) Generators are prohibited between and structure and the street and within any setback.
Exceptions may be made by the Community Development Director in accordance with
Section 26.575.020.E.5.J.
F. Measuring Building Heights.
3. Height Measurement Method. In measuring a building for the compliance with height
restrictions, the measurement shall be the maximum distance measured vertically from the
ground to the specified point of the building located above that point, as further described
below:
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c.Measuring to the roof –The high point of the measurement shall be taken from the surface of
a structure’s roof inclusive of the first layer of exterior sheathing or weatherproofing
membrane but excluding exterior surface treatments such as shakes, shingles, fire proofing,
exterior insulation, a second layer of exterior sheeting, or other veneer treatments or
ornamentation.When measuring roofs to a point between the ridge and the eave point, the
eave point shall be the point where the plane of a roof intersects the plane of the exterior
wall. The roof and wall planes shall be of the nominal structure, excluding all exterior
treatments.
4.Allowed Exceptions to Height Limitations.
f)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 six (6) 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 façade of the building a
minimum of twenty (20) feet and the footprint of the equipment is minimized and
combined to the greatest extent practicable.
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.)
Eave Point
Exterior Sheathing
Figure 21: Eave Point and Exterior Sheathing of a Roof
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H.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 and net livable area shall be
attributed to the lot or parcel upon which it is developed. 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, gas pumps, and similar devices without an
attendant shall not be considered net leasable area.
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.
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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.
I. Exceptions for Energy Efficiency. The Community Development Director may approve
exceptions to the dimensional restrictions of this Section to accommodate the addition of energy
production systems or energy efficiency systems or equipment in or on existing buildings when the
site is constrained, or it is determined that flexibility is warranted to improve efficiency of the
equipment. The Community Development Director must first determine that the visual impact of the
exemption is minimal and that no other reasonable way to implement energy production or efficiency
exists. Exception for Energy Efficiency may be approved during building permit review, or as part of
a site-specific development approval.
J. Exceptions for Building Code Compliance. The Community Development Director may
approve exceptions to the dimensional restrictions of this Section to accommodate improvements
required to achieve compliance with building, fire, energy, or accessibility codes in or on existing
buildings when no other practical solution exists. The Community Development Director must first
determine that the visual impact of the exemption is minimal and that no other reasonable way to
implement code compliance exists. Exception for Energy Efficiency may be approved during
building permit review, or as part of a site-specific development approval.
K. Appeals. An applicant aggrieved by a decision made by the Community Development Director
regarding this Calculations and Measurements Section may appeal the decision to the Administrative
Hearing Officer, pursuant to Chapter 26.316.
(Ord. No. 44-1999, §7; Ord. No. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-2001, §§6,
7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2—4; Ord. No. 12-2006, §19; Ord. No. 12, 2007, §32;
Ord. No. 27-2010, §1; Ord. No. 12-2012, §3; Ord. No. 25-2012, §4; Ord. No. 7-2014; §§ 1-9; Ord.
No. 31-2014, §2; Ord. No. 4-2015, §1; Ord. No. 46-2015, §§ 12-20; Ord. No. 30, 2016, §6)
Section 10:
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Land Use Code Section 26.580.Demolition is a new section of the code and shall be adopted as follows:
TITLE 26
LAND USE REGULATIONS
PART 500 — SUPPLEMENTARY REGULATIONS
Chapter 26.580 DEMOLITION
Sec. 26.580.010 Purpose
Sec. 26.580.020 Future Amendments
Sec. 26.580.030 Applicability
Sec. 26.580.040 Measurement of Demolition
Sec. 26.580.050 Exemptions
Sec. 26.580.060 Enforcement and Penalties
Sec. 26.580.070 Appeals
Sec. 26.580.080 Adoption of Residential Demolition and Redevelopment Standards
Chapter 26.580
DEMOLITION
26.580.010. – Purpose.
The purpose of the Chapter is to describe and define Demolition as it relates to all land use types in the
City of Aspen. The definition of Demolition and the application of this definition is impactful to several
sections of the Land Use Code including, but not limited to: Non-Conformities (26.312) and the Growth
Management Quota System (26.470). While the definitions and processes described below apply to
all use types, particular attention is given to the Demolition of Single-Family and Duplex Residential
Units. The definitions and regulation in this section and the relationship to other sections of the Land
Use Code are meant to regulate impactful development activities and to mitigate negative impacts of
complex and significant construction projects to protect the health, safety and welfare of the public.
These negative impacts include ecological, economic, transportation, and social impacts. Ensuring
impactful development activities are adequately mitigated and consistent with Aspen’s small-town
character, furthers the City’s Climate goals by improving regulatory responses to natural resource
consumption, reduces traffic impacts, encourages a more sustainable diversion of solid waste from the
landfill, reduces general construction impacts to the community, and ensures that Aspen continues to
be a leader in efficient design practices.
26.580.020. Future Amendments to Chapter 26.580 All future amendments to this Chapter shall be
exempt from the requirement of Policy Resolution for code amendments (Section 26.310.020(b)(1),
(2)). Future amendments may proceed directly to a First and Second Reading, pursuant to Section
26.310.020(b)(3).
26.580.030 Applicability.
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This chapter applies to land use applications and building permit submissions for development within
the City limits for projects that that meet or exceed the definition of Demolition, unless exempted by
Subsection 26.580.
26.580.040. –Measurement of Demolition.
A. The City Zoning Officer shall determine if a building is intended to be, or has been Demolished
by applying the following process of calculation:
1. Anytime Demolition is proposed the applicant shall calculate the area of the existing surfaces
as follows:
a. The surface area of all existing (prior to commencing development) exterior wall
assemblies above finished grade. Not counted in the existing exterior surface area
calculations shall be all existing fenestration (doors, windows, skylights, etc.).
b. The surface area of all existing (prior to commencing development) roof assemblies.
2. The applicant shall calculate the area of existing surfaces that are proposed to be removed
and determine the overall percentage that is removed.
a. The exterior wall surface area and roof surface area, as described above, to be
removed.
b. Wall area or roof area being removed to accommodate new or relocated fenestration
shall be counted as exterior surface area being removed.
3. If the percentage removed exceeds 40%, then the development shall be considered
Demolition, pursuant to Section 26.104.100.
4. Demolition shall also include the removal of a dwelling unit in a multi-family or mixed-use
building, its conversion to nonresidential use, or any action which penetrates demising walls
or floors between Multi-Family Housing Units if such action is undertaken to combine the
units. See the requirements of Section 26.470.100.D – Demolition or Redevelopment of
Multi-Family Housing.
B. Anytime Demolition is proposed, the applicant shall prepare and submit a diagram showing
the calculation. The diagram shall depict each exterior wall and roof segment as a flat plane
with an area tabulation.
1. According to the prepared diagram and area tabulation, the surface area of all
portions of the exterior to be removed shall be divided by the surface area of all
portions of the exterior of the existing structure and expressed as a percentage. The
Zoning Officer shall use this percentage to determine if the building is to be or has
been Demolished according to the definition in Section 26.104.100, Demolition. If
portions of the building involuntarily collapse, regardless of the developer's intent,
that portion shall be calculated as removed.
C. For the purposes of the calculation of Demolition, the following provisions shall apply:
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1. Exterior wall assembly and roof assembly shall constitute the exterior surface of that
element including such items as studs, joists, rafters etc.
2. If a portion of a wall or roof stud is to be removed, the associated exterior surface
area shall be diagrammed as being removed.
3. If a portion of a wall or roof involuntarily collapses, regardless of the developer's
intent, that portion shall be calculated as removed.
4. Recalculation may be necessary during the process of development and the Zoning
Officer may require updated calculations as a project progresses.
5. Replacement of fenestration shall not be calculated as wall area to be removed.
New, relocated or expanded fenestration shall be counted as wall area to be
removed.
6. Only exterior surface area above finished grade shall be used in the determination
of demolition. Sub-grade elements and interior wall or structural elements, while
potentially necessary for a building's integrity, shall not be counted in the
computation of exterior surface area.
7. Replacement of exterior sheeting when the structural components of that area are to
remain, do not count toward the calculation of Demolition.
8. It shall be the responsibility of the applicant to accurately understand the structural
capabilities of the building prior to undertaking a remodel. Failure to properly
understand the structural capacity of elements intended to remain may result in an
involuntary collapse of those portions and a requirement to recalculate the extent of
demolition. Applicant’s intent or unforeseen circumstances shall not affect the
calculation of actual physical demolition.
9. Additional requirements or restrictions of this Title may result upon actual
Demolition.
26.580.050. – Exemptions
The Community Development Director may exempt projects, or a portion thereof, from the calculation
of Demolition if any of the following circumstances exist:
A. Dangerous Structures. Any building or structure that has been determined to be dangerous,
structurally unsafe or otherwise hazardous to human life, and is required to be abated by
demolition. This may include structures destroyed or damaged by fire, flood or other natural
disaster. The Chief Building Official shall make this determination.
B. The project is a 100% deed restricted affordable housing , or after completion of the project
will be 100% deed restricted affordable housing.
C. De Minimus Exception. The Community Development Director may waive any of the
requirements of this chapter if documentation satisfactory to the Director is provided to
154
establish that the scope of work is minimal and providing Demolition documentation is
inappropriate or unreasonable.
D. If an existing structure is to be temporarily relocated, on or off-site, and placed back on an
existing or reconfigured foundation that action shall not be considered Demolition for the
purposes of this chapter.
E. Exception for Necessary Repairs or Life/Safety concerns. If Demolition is triggered not due to
remodel or renovation activity but is determined by the Community Development Director to
be required for normal maintenance as defined in Title 26 (see definition in section 26.104.100)
or to rectify life safety issues, such as replacing a failing roof or mold removal, the square
footage impacted by the work shall be exempt from this section. This provision shall not allow
an increase to the height, floor area, net livable area of a building beyond what is the minimum
necessary required to comply with the Building Code.
F. Exception for the removal of Non-Historic Additions to Designated Historic Structures. If the
Historic Preservation Commission has determined that in the development of a structure that is
designated on Aspen’s list of Historic Landmarks, that non-historic elements of the project shall
be removed in returning the historic resource to its original configuration or character – the
portion of the project attributed to the non-historic elements shall not be calculated toward the
40% threshold.
Upon a finding by the Community Development Director that a project qualifies for an exemption, the
project may proceed with any other required reviews as determined by this Title or the submission of
a building permit.
26.580.060. – Enforcement and Penalties
A. The Community Development Director, City Engineer, Construction Mitigation Officer, or
their assigned staff shall have responsibility for enforcement of this chapter and are authorized
to take any and all other actions reasonable and necessary to enforce this chapter.
B. Violation of any provision of this chapter shall be subject to the provisions and penalties set
forth in Section 26.1.04 of the Municipal Code unless otherwise specified.
26.580.070. – Appeals
A.Appeal of adverse determination by Community Development Director.An appeal made by an
applicant aggrieved by a determination made by the Community Development Director that a
project triggers Demolition and is subject to the requirements of this Chapter shall be to the
Planning and Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall
apply. The Planning and Zoning Commission may reverse, affirm or modify the decision or
determination of the Community Development Director based upon the application submitted
to the Community Development Director and the record established by the Director's review.
The decision of the Planning and Zoning Commission shall constitute the final administrative
action on the matter.
155
26.580.080– Adoption of Residential Demolition and Redevelopment Standards for Projects that
meet the definition of Demolition.
Pursuant to the powers and authority conferred by the Charter of the City, the City Council
hereby adopts and incorporates by reference redevelopment standards, hereinafter referred to
as the Residential Demolition and Redevelopment Performance Standards,which are
incorporated by reference into the City of Aspen Land Use Code. The Residential Demolition
and Redevelopment Standards set forth the design parameters to ensure residential
redevelopment improves solid waste diversion, increases the energy efficiency of structures,
and reduces negative impacts of construction. The Residential Demolition and Redevelopment
Standards may be amended, updated, and expanded from time to time by City Council
Resolution. The Residential Demolition and Redevelopment Standards shall be available for
public inspection at the Community Development Departments web page. Projects that are
pursuing a Demolition Allotment as described in Section 26.470.090.C will be reviewed these
standards.
(Ord. No. 21-2002 § 1 (part), 2002; Ord. No. 36 -2013, § 17; Ord. No. 36-2015 § 5)
Section 11:
Land Use Code Section 26.710. Zone Districts shall be rescinded and readopted as follows:
Chapter 26.710
LAND USE REGULATIONS
PART 700 — ZONE DISTRICTS
Sections:
26.710.010 General purpose
26.710.020 Zone Districts established
26.710.022 Zoning of lands containing more than one underlying Zone District
26.710.024 Zoning of vacated areas
26.710.030 Official Zone District Map
26.710.040 Medium-Density Residential (R-6)
26.710.050 Moderate-Density Residential (R-15)
26.710.060 Moderate-Density Residential (R-15A)
26.710.070 Moderate-Density Residential (R-15B)
26.710.080 Low-Density Residential (R-30)
26.710.090 Residential Multi-Family (RMF)
26.710.100 Residential Multi-Family-A (RMFA)
26.710.110 Affordable Housing/Planned Development (AH/PD)
26.710.120 High Density Residential (R-3)
26.710.130 Rural Residential (RR)
26.710.140 Commercial Core (CC)
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26.710.150 Commercial (C-1)
26.710.160 Service/Commercial/Industrial (S/C/I)
26.710.170 Neighborhood Commercial (NC)
26.710.180 Mixed Use (MU)
26.710.190 Lodge (L)
26.710.200 Commercial Lodge (CL)
26.710.220 Conservation (C)
26.710.230 Academic (A)
26.710.240 Park (P)
26.710.250 Public (PUB)
26.710.260 Open Space (OS)
26.710.270 Wildlife Preservation (WP)
26.710.280 Transportation Overlay (T) Zone District
26.710.290 Drainage Overlay (D) Zone District
26.710.300 Golf Course Support Overlay (GCS) Zone District
26.710.310 Lodge Overlay (LO) Zone District
26.710.320 Lodge Preservation Overlay (LP) Zone District
26.710.330 Ski Area Base (SKI)
26.710.340 Essential Business Overlay
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Page 1 of 184
26.710.010 General purpose.
In order to ensure that all development is consistent with the goals and objectives of the Aspen
Area Community Plan and this Title, it is necessary and proper to establish a series of Zone
Districts to ensure that each permitted and conditional use is compatible with surrounding land
uses, is served by adequate public facilities and is consistent with the environmental sensitivity
of the City and its surrounding area's natural resources. All development within each Zone
District shall be consistent with the purposes stated for that Zone District in this Chapter. Any
use which is not specifically listed in this Chapter as a permitted or conditional use in a Zone
District shall be considered prohibited, unless otherwise interpreted by the Community
Development Director pursuant to Chapter 26.306.
26.710.020 Zone Districts established.
The City is hereby divided in several zones, known and designated as detailed in this Chapter,
to serve the purposes stated above and in each Section of this Chapter describing the individual
Zone Districts.
26.710.022 Zoning of lands containing more than one underlying Zone District.
Whenever any parcel of land shall contain more than one underlying Zone District, the
following rules shall apply:
A.Proposed use not allowed in all Zone Districts. When a parcel of land contains more
than one underlying Zone District and the proposed use is not allowed in all of the respective
Zone Districts, then:
a. The use can only be developed on land in which it is a permitted or a conditional use.
b. The external floor area and density which shall apply to the use shall be calculated based
only on the land area of the Zone District in which the use is a permitted or conditional
use. The off-street parking requirements and other dimensional requirements which
shall apply to the use shall be those of the Zone District in which the use is a permitted
or conditional use, but shall be calculated on the basis of the land area and development
of the entire parcel.
B.Proposed use allowed in all Zone Districts. When a parcel of land contains more than
one underlying Zone District and the proposed use is allowed in all of the respective Zone
Districts, then:
a. The use shall be developed by comparing each dimensional and parking requirement of
the respective Zone Districts and applying the more restrictive of each requirement.
These requirements shall, however, be calculated based on the land area and
development of the entire parcel.
b. The only exception shall be when the area of the parcel which is designated with the
Zone District which permits the higher density constitutes more than seventy-five
percent (75%) of the entire land area of the parcel. In this case, the use shall be
developed using the dimensional requirements and off-street parking requirements of
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Page 2 of 184
the Zone District permitting the higher density, which shall be calculated on the basis
of the land area and development of the entire parcel.
26.710.024 Zoning of vacated areas.
Whenever any street, alley or other public way within the City is vacated by the City Council,
the land on which the street, alley or public way is located shall become a part of the Zone
District of the lands adjoining such street, alley or public way. Those lands shall then become
subject to the regulations that apply to that Zone District. In determining land available for
development, however, vacated lands shall be excluded from the calculation of allowable floor
area, density or required open space.
26.710.030 Official Zone District Map.
A.Establishment of Zone District map. The location and boundaries of the Zone
Districts established in this Title shall be set forth on the Official Zone District Map of the City
which is incorporated herein by reference into this Title as if fully described and set forth herein.
A copy of the official Zone District map shall be located in the office of the Community
Development Department at all times for inspection by the general public during regular
business hours. The official Zone District map shall be the final authority as to the current
zoning of land in the City.
B.Amendment to Zone District map. If pursuant to the terms of this Title, amendments
are made to the boundaries of the official Zone District map, such amendments shall be entered
on the official Zone District map promptly after amendment.
159
26.710.040 Medium-Density Residential (R-6).
A.Purpose.The purpose of the Medium-Density Residential (R-6) Zone District is to
provide areas for long-term residential purposes, Short-term Rentals, and customary accessory
uses. Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Medium-Density Residential (R-6) Zone District are
generally limited to the original Aspen Townsite, contain relatively dense settlements of
predominantly detached and duplex residences and are within walking distance of the center of
the City.
B.Permitted uses. The following uses are permitted as of right in the Medium-Density
Residential (R-6) Zone District:
1. Detached residential dwelling.
2. Duplex.
3. Two (2) detached residential dwellings.
4. Triplex or Fourplex, if 100% deed-restricted affordable housing.
5. Existing multi-family housing, if 100% deed-restricted affordable housing. Existing
multi-family housing that is not 100% deed-restricted affordable housing remains a non-
conforming use.
6. Home occupations.
7. Accessory buildings and uses.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
9. Short-term Rentals. Pursuant to Section 26.530
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. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
6. For historic landmark properties: bed and breakfast and boardinghouse.
D.Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium-Density Residential (R-6) Zone District:
160
1. Minimum Gross Lot Area (square feet): six thousand (6,000) square feet. For lots
created by Section 26.480.030.A.4, Historic landmark lot split: Three thousand (3,000).
For properties that include or are proposed for 100% deed-restricted affordable housing:
three thousand (3,000).
1. Minimum Net Lot Area per dwelling unit (square feet):
a.Detached residential dwelling: 4,500. For Historic Landmark Properties: 3,000.
b.Duplex: 4,500. For Historic Landmark Properties: 3,000. For properties
subdivided as of April 28, 1975: 4,000. For properties annexed subsequent to
January 1, 1989: 3,750.
c.100% deed-restricted affordable housing; triplex, fourplex: No requirement.
d.100% deed-restricted affordable housing; existing multifamily: No requirement.
e.Bed and breakfast, boardinghouse: No requirement.
1. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030.A.4,
Historic Landmark Lot Split: Thirty (30). For lots proposed for 100% deed restricted
affordable housing: Thirty: (30)
2. Minimum front yard (feet): Principal buildings: 10. Accessory buildings: 15.
3. Minimum rear yard (feet): Principal buildings: 10. For the portion of a principal
building used solely as a garage: 5. Accessory buildings: 5.
4. Minimum side yard:
Gross Lot Area
(Square Feet)
Minimum
Size for Each
Side Yard
Total of Both Side Yards*
0—4,500 5 feet 10 feet
4,500—6,000 5 feet 10 feet, plus 1 foot for each additional
300 square feet of Gross Lot Area, to a
maximum of 15 feet of total side yard
6,000—8,000 5 feet 15 feet, plus 1 foot for each additional
200 square feet of Gross Lot Area, to a
maximum of 25 feet of total side yard
8,000—10,000 10 feet 25 feet, plus 1 foot for each additional
200 square feet of Gross Lot Area, to a
maximum of 35 feet of total side yard.
10,000+15 feet 35 feet, plus 1 foot for each additional
400 square feet of Gross Lot Area, to a
maximum of 50 feet of total side yard.
The following requirements shall apply on a lot annexed subsequent to January 1, 1989.
161
Gross Lot
Area
(Square
Feet)
Minimum
Size for
Each Side
Yard
Total of Both Side Yards*
0—7,500 10 feet 20 feet
7,500—
10,000
10 feet 20 feet, plus 1 foot for each additional 200
square feet of Gross Lot Area, to a maximum of
32.5 feet of total side yard
10,000+15 feet 32.5 feet, plus 1 foot for each additional 400
square feet of Gross Lot Area, to a maximum of
50 feet of total side yard
* Two detached residential dwellings located on one lot shall not be subject to the
combined side yard setback requirements, provided that the minimum setback between
the two detached dwellings on the lot shall be ten (10) feet.
For purposes of calculating the minimum side yard setback for lots within the Hallam
Lake Bluff environmentally sensitive area (ESA), the area below the top of slope shall be
subtracted from lot size.
7. Maximum site coverage:
Gross Lot Area (Square Feet)Maximum Site Coverage (%)
0 -5,999 No limitation
6,000 – 9,000 50%, minus 1% for each additional 300
square feet of Gross Lot Area, to a
maximum site coverage of 40%
9,000 – 12,000 40%, minus 1% for each additional 300
square feet of Gross Lot Area, to a
maximum site coverage of 30%
12,000 – 18,000 30%, minus 1% for each additional
1,200 square feet of Gross Lot Area, to a
maximum site coverage of 25
18,000 +25%
8. Maximum height (feet): 25; Existing multi-family that is 100% Deed-Restricted
Affordable Housing is limited to its existing height, or 25 feet, whichever is greater.
9. Minimum distance between detached buildings on the lot (feet): 5 feet.
10. Percent of open space required for building site: No requirement.
11. Floor area ratio (applies to conforming and nonconforming lots of record):
a. Single-Family, Duplex, or Two Detached Dwellings
162
Net Lot Area (Square
Feet)
Allowable Floor Area
for Single-Family
Residence*
Allowable Floor Area
for Two Detached
Dwellings or One
Duplex*
0—3,000 80 square feet of floor
area for each 100 square
fee in Net Lot Area, up to
a maximum of 2,400
square feet of floor area
90 square feet of floor
area for each 100 square
feet in Net Lot Area , up
to a maximum of 2,700
square feet of floor area
3,000—6,000 2,400 square feet of floor
area, plus 28 square feet
of floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 3,240 square
feet of floor area
2,700 square feet of floor
area, plus 30 square feet
of floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 3,600
square feet of floor area
6,000—9,000 3,240 square feet of floor
area, plus 14 square feet
of floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 3,660 square
feet of floor area
3,600 square feet of floor
area, plus 16 square feet
of floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 4,080
square feet of floor area
9,000—15,000 3,660 square feet of floor
area, plus 6 square feet of
floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 4,020 square
feet of floor area
4,080 square feet of floor
area, plus 6 square feet of
floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 4,440
square feet of floor area
15,000—50,000 4,020 square feet of floor
area, plus 5 square feet of
floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 5,770 square
feet of floor area.
4,440 square feet of floor
area, plus 5 square feet of
floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 6,190
square feet of floor area
50,000+5,770 square feet of floor
area, plus 2 square feet of
floor area for each
additional 100 square feet
in Net Lot Area.
6,190 square feet of floor
area, plus 3 square feet of
floor area for each
additional 100 square
feet in Net Lot Area
*Total external floor area for multiple detached residential dwellings on one (1) lot shall not
exceed the floor area allowed for one (1) duplex. Total external floor area for multiple
163
detached residential dwellings on a lot less than nine thousand (9,000) square feet listed on
the inventory of historic landmark sites and structures shall not exceed the floor area allowed
for one (1) detached residential dwelling.
i.Each City of Aspen Historic Transferable Development Right certificate
extinguished, pursuant to Section 26.535, Transferable Development Rights, shall
allow an additional two hundred and fifty (250) square feet of Floor Area. Each
residence on the parcel, excluding accessory dwelling units and carriage houses,
shall be eligible for one (1) floor area increase in exchange for the extinguishment
of one (1) historic TDR. Properties listed on the inventory of historic sites and
structures shall not be eligible for this Floor Area increase. Non-conforming uses
and structures shall not be eligible for this Floor Area increase. No more than one
(1) floor area increase shall be allowed per residence, with the following exceptions:
ii.Non-historic properties with a net lot area of 9,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
iii.Properties within the same subdivision or planned development as a sending site
may be specified as eligible for up to two (2) floor area increases per residence
pursuant to the subdivision or planned development approval. The properties to be
specified as eligible for up to two (2) floor area increases per residence shall be
located within the same subdivision or planned development so as to enhance
preservation of the historic resource, considering a recommendation from the
Historic Preservation Commission, shall not be located adjacent to the sending site
and shall be described and depicted in the subdivision or planned development
approvals granted by City Council. The total number of floor area increases
permitted within the subdivision or planned development shall not exceed an
aggregate total of one (1) per non-historic residence within the entire subdivision or
planned development.
b. 100% Deed-Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor Area
shall be consistent with the Allowable Floor Area for a Duplex or Two Detached Dwellings
as indicated in the table above.
c. 100% Deed-Restricted Affordable Housing; Existing Multifamily: May be expanded up to a
maximum of 0.75:1 FAR. Existing multifamily that is not 100% Deed-Restricted Affordable
Housing remains a non-conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, §§ 1, 7 [part], 10; Ord. No. 25-2001, §§ 1, 5 [part]; Ord. No. 1-2002, § 20
[part]; Ord. No. 54-2003, § 6; Ord. No. 48-2004, § 1; Ord. No. 50-2005, § 1; Ord. No. 27-
2010, §4; Ord. No. 34-2011, §3; Ord. No. 33-2014, §2)
164
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, Short-term Rentals, and 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 also 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. Two detached residential dwellings.
4. Triplex or Fourplex, if 100% deed-restricted affordable housing.
5. Existing multi-family housing, if 100% deed-restricted affordable housing. Existing
multi-family housing that is not 100% deed-restricted affordable housing remains a non-
conforming use.
6. Home occupations.
7. Accessory buildings and uses.
8. Accessory dwelling units and carriage houses meeting the provisions of section
26.520.040
9. Short-term Rentals. Pursuant to Section 26.530.
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. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
D.Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15) Zone District.
165
1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots created by
Section 26.480.030.A.4, Historic landmark lot split: three thousand (3,000). For
properties that include or are proposed for 100% deed-restricted affordable housing:
three thousand (3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
a.Detached residential dwelling: 15,000. For historic landmark properties: 3,000.
b.Duplex: 7,500. For historic landmark properties: 3,000.
c.100% deed-restricted affordable housing; triplex, fourplex: No requirement.
d.100% deed-restricted affordable housing; existing multifamily: No requirement.
e.Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section
26.480.030.A.4, Historic landmark lot split: Thirty (30). For lots proposed for 100%
deed-restricted affordable housing: Thirty: (30)
3. Minimum front yard setback (feet):
a.Residential dwellings: twenty-five (25).
b.Accessory buildings and all other buildings: thirty (30).
4. Minimum side yard setback (feet): Ten (10).
5. Minimum rear yard setback (feet):
a.Principal buildings: 10
b.Accessory buildings: 5
6. Maximum height (feet): Twenty-five (25).
7. Minimum distance between detached buildings on the lot (feet): Ten (10).
8. Percent of open space required for building site: No requirement.
External floor area ratio (applies to conforming and nonconforming lots of record):
a. Single-Family, Duplex or Two Detached Dwellings:
166
Net Lot
Area
(Square
Feet)
Allowable Floor Area for
Single-Family Residence*
Allowable Floor Area for Two
Detached Dwellings or One
Duplex*
0—3,000 80 square feet of floor area for each
100 square feet in Net Lot Area, up
to a maximum of 2,400 square feet
of floor area
90 square feet of floor area for each
100 square feet in Net Lot Area, up to
a maximum of 2,700 square feet of
floor area
3,000—9,000 2,400 square feet of floor area, plus
28 square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,080
square feet of floor area
2,700 square feet of floor area, plus
30 square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,500
square feet of floor area.
9,000—
15,000
4,080 square feet of floor area, plus 7
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,500
square feet of floor area
4,500 square feet of floor area, plus 7
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,920
square feet of floor area
15,000—
50,000
4,500 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 6,600
square feet of floor area
4,920 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 7,020
square feet of floor area
50,000+6,600 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in Net Lot
Area.
7,020 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in Net Lot
Area.
*Total external floor area for multiple detached residential dwellings on one (1) lot
shall not exceed the floor area allowed for one (1) duplex. Total external floor area for
multiple detached residential dwellings on a lot less than twenty thousand (20,000)
square feet listed on the inventory of historic landmark sites and structures shall not
exceed the floor area allowed for one (1) detached residential dwelling.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory
of historic sites and structures shall not be eligible for this floor area increase.
Nonconforming uses and structures shall not be eligible for this floor area increase. No
more than one (1) floor area increase shall be allowed per residence, with the following
exceptions:
167
i.Non-historic properties with a net lot area of 15,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
b. 100% Deed-Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor Area
shall be consistent with the Allowable Floor Area for a Duplex or Two Detached Dwellings
as indicated in the table above.
c. 100% Deed-Restricted Affordable Housing; Existing Multifamily: May be expanded to
a maximum of 0.75:1 FAR. Existing multifamily that is not 100% Deed-Restricted
Affordable Housing remains a non-conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, §§ 2, 7 [part]; Ord. No. 25-2001, §§ 2, 5 [part]; Ord. No. 1-2002, § 20
[part]; Ord. No. 54-2003, § 7; Ord. No. 50-2005, § 2; Ord. No. 27-2010, §4; Ord. No. 34-
2011, §4; Ord. No. 33-2014, §3)
168
26.710.060 Moderate-Density Residential (R-15A).
A.Purpose. The purpose of the Moderate-Density Residential (R-15A) Zone District is
to provide areas for long-term residential purposes, Short-term Rentals, and 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 percent (50%) of the duplex units are restricted to affordable
housing.
3. Two (2) detached residential dwellings.
4. Triplex or Fourplex, if 100% deed-restricted affordable housing.
5. Existing multi-family housing, if 100% deed-restricted affordable housing. Existing
multi-family housing that is not 100% deed-restricted affordable housing remains a non-
conforming use.
6. Home occupations.
7. Accessory buildings and uses.
8. Accessory dwelling units and carriage houses meeting the provisions of section 26.520.
9. Short-term Rentals. Pursuant to Section 26.530
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:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
D.Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15A) Zone District:
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1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots created by
Subsection 26.480.030.A.4, Historic landmark lot split: three thousand (3,000). For
properties that include or are proposed for 100% deed-restricted affordable housing:
three thousand (3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
a.Detached residential dwelling: 15,000. For historic landmark properties: three
thousand (3,000).
b.Duplex: 7,500. For historic landmark properties: 3,000.
c. 100% deed-restricted affordable housing; triplex, fourplex: No requirement.
d. 100% deed-restricted affordable housing; existing multifamily: No requirement.
e. Bed and breakfast, boardinghouse: No requirement.
4. Minimum lot width (feet): seventy-five (75) feet. For lots created by Subsection
26.480.030.A.4, Historic landmark lot split: thirty (30). For lots proposed for 100%
deed-restricted affordable housing: Thirty: (30)
3. A minimum front yard setback (feet):
a.Residential dwelling: twenty-five (25).
b.Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): 10.
6. Minimum rear yard setback (feet):
a.Residential dwellings: ten (10).
b.Accessory buildings and all other buildings: five (5).
7. Maximum height (feet): twenty-five (25).
8. Minimum distance between principal and accessory buildings (feet): ten (10).
9. Percent of open space required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
Single-Family, Duplex or Two Detached Dwellings
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Net Lot
Area
(Square
Feet)
Allowable Floor Area for
Single-Family Residence*
Allowable Floor Area for Two
Detached Dwellings or One
Duplex*
0—3,000 80 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,400
square feet of floor area
90 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,700
square feet of floor area
3,000—
9,000
2,400 square feet of floor area,
plus 28 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,080 square feet
of floor area
2,700 square feet of floor area,
plus 30 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet of
floor area
9,000—
15,000
4,080 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet
of floor area
4,500 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,920 square feet of
floor area
15,000—
50,000
4,500 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 6,600 square feet
of floor area
4,920 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 7,020 square feet of
floor area
50,000+6,600 square feet of floor area,
plus 2 square feet of floor area
for each additional 100 square
feet in Net Lot Area.
7,020 square feet of floor area,
plus 3 square feet of floor area
for each additional 100 square
feet in Net Lot Area.
* Total external floor area for multiple detached residential dwellings on one (1) lot shall
not exceed the floor area allowed for one (1) duplex. Total external floor area for multiple
detached residential dwellings on a lot less than twenty thousand (20,000) square feet listed
on the inventory of historic landmark sites and structures shall not exceed the floor area
allowed for one (1) detached residential dwelling.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred and
fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory
of historic sites and structures shall not be eligible for this floor area increase.
Nonconforming uses and structures shall not be eligible for this floor area increase. No
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more than one (1) floor area increase shall be allowed per residence, with the following
exceptions:
i.Non-historic properties with a net lot area of 15,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
b. 100% Deed-Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor Area
shall be consistent with the Allowable Floor Area for a Duplex or Two Detached Dwellings
as indicated in the table above.
c. 100% Deed-Restricted Affordable Housing; Existing Multifamily: May be expanded to
a maximum of 0.75:1 FAR. Existing multifamily that is not 100% Deed-Restricted
Affordable Housing remains a non-conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 25-2001, § 5 [part]; Ord. No. 1-2002, § 20 [part];
Ord. No. 54-2003, § 8; Ord. No. 50-2005, § 3; Ord. No. 27-2010, §4; Ord. No. 34-2011,
§5; Ord. No. 33-2014, §4)
172
26.710.070 Moderate-Density Residential (R-15B).
A.Purpose. The purpose of the Moderate-Density Residential (R-15B) Zone District is to
provide areas for long-term residential purposes, Short-term Rentals, and customary accessory
uses. Lands in the Moderate-Density Residential (R-15B) Zone District are similarly situated
to those in the Moderate-Density Residential (R-15) and (R-15A) Zone Districts, but are those
in which single-family structures are a permitted use and duplexes are prohibited.
B.Permitted uses. The following uses are permitted as of right in the Moderate-Density
Residential (R-15B) Zone District:
1.Detached residential dwelling.
2.Home occupations.
3.Accessory buildings and uses.
4.Short-term Rentals. Pursuant to Section 26.530.
C.Conditional uses. The following uses are permitted as conditional uses in the
Moderate-Density Residential (R-15B) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Agricultural uses.
D.Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15B) Zone District:
1.Minimum Gross Lot Area (square feet): fifteen thousand (15,000).
2.Minimum Net Lot Area per dwelling unit (square feet): fifteen thousand (15,000).
3.Minimum lot width (feet): seventy-five (75).
4.Minimum front yard setback (feet): thirty (30). For properties located between
Eastwood Drive and Highway 82 (Lots 6-19, Eastwood Subdivision) and properties
located on the northwest portion of Skimming Lane (Lots 8-11, Block 1, Aspen Grove
subdivision): ten (10).
5.Minimum side yard setback (feet): five (5).
6.Minimum rear yard setback (feet):
a. Residential dwellings: ten (10)
b. Accessory buildings and all other buildings: five (5).
For properties located between Eastwood Drive and Highway 82 (Lots 6-19, Eastwood
Subdivision) and properties located on the northwest portion of Skimming Lane (Lots
8-11, Block 1, Aspen Grove subdivision): thirty (30).
7.Maximum height (feet): twenty-five (25).
8.Minimum distance between principal and accessory buildings: No requirement.
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9.Percent of open space required for building site: No requirement.
10.Floor area ratio (applies to conforming and nonconforming lots of record):
Net Lot Area
(Square Feet)Allowable Floor Area for Single-Family Residence
0—3,000 80 square feet of floor area for each 100 square feet in Net
Lot Area, up to a maximum of 1,680 square feet of floor
area
3,000—9,000 1,680 square feet of floor area, plus 20 square feet of floor
area for each additional 100 square feet in Net Lot Area, up
to a maximum of 2,880 square feet of floor area
9,000—
15,000
2,880 square feet of floor area plus 5 square feet of floor
area for each additional 100 square feet in Net Lot Area, up
to a maximum of 3,180 square feet of floor area
15,000—
50,000
3,180 square feet of floor area, plus 4 square feet of floor
area for each additional 100 square feet in Net Lot Area, up
to a maximum of 4,580 square feet of floor area
50,000+4,580 square feet of floor area, plus 1 square foot of floor
area for each additional 100 square feet in Net Lot Area.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. No more than one (1) floor area
increase shall be allowed per residence. Properties listed on the inventory of historic sites
and structures shall not be eligible for this floor area increase. Nonconforming uses and
structures shall not be eligible for this floor area increase.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 25-2001, § 5 [part]; Ord. No. 54-2003, § 9; Ord. 51-
2005, § 1; Ord. No. 27-2010, §4; Ord. No. 34-2011, §6)
174
26.710.080 Low-Density Residential (R-30).
A.Purpose. The purpose of the Low-Density Residential (R-30) Zone District is to
provide areas for long-term residential purposes, Short-term Rentals, and customary accessory
uses. Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Low-Density Residential (R-30) Zone District are
typically located along river frontages in outlying areas of the City.
B.Permitted uses. The following uses are permitted as of right in the Low-Density
Residential (R-30) Zone District:
1. Detached residential dwelling.
2. Duplex.
3. Triplex or Fourplex, if 100% deed-restricted affordable housing.
4. Existing multi-family housing, if 100% deed-restricted affordable housing.
Existing multi-family housing that is not 100% deed-restricted affordable housing
remains a non-conforming use.
5. Home occupations.
6. Accessory buildings and uses.
7. Accessory dwelling units and carriage houses meeting the provisions of Chapter
26.520.
8. Short-term Rentals. Pursuant to Section 26.530
C.Conditional uses. The following uses are permitted as conditional uses in the Low-
Density Residential (R-30) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
D.Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Low-Density Residential (R-30) Zone District:
1. Minimum Gross Lot Area (square feet): thirty thousand (30,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: thirty thousand (30,000).
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b. Duplex: fifteen thousand (15,000).
c. 100% deed-restricted affordable housing; triplex, fourplex: No requirement.
d. 100% deed-restricted affordable housing; existing multifamily: No requirement.
3. Minimum lot width (feet): one hundred (100). For lots proposed for 100% deed-
restricted affordable housing: Thirty: (30)
4. Minimum front yard setback (feet):
a. Residential dwellings: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): ten (10).
6. Minimum rear yard setback (feet):
a. Residential dwellings: fifteen (15).
b. Accessory buildings: five (5).
c. All other buildings: thirty (30).
7. Maximum height (feet): twenty-five (25).
8. Minimum distance between principal and accessory buildings (feet): ten (10).
9. Percent of open space required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
a. Single-Family and Duplex:
176
Net Lot Area
(Square
Feet)
Allowable Floor Area for
Single-Family Residence Allowable Floor Area for
Duplex
0—3,000 80 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,400
square feet of floor area
90 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,700
square feet of floor area
3,000—9,000 2,400 square feet of floor area,
plus 28 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,080 square feet
of floor area
2,700 square feet of floor area,
plus 30 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet
of floor area
9,000—
15,000
4,080 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet
of floor area
4,500 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,920 square feet
of floor area
15,000—
50,000
4,500 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 6,600 square feet
of floor area
4,920 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 7,020 square feet
of floor area
50,000+6,600 square feet of floor area,
plus 2 square feet of floor area
for each additional 100 square
feet in Net Lot Area
7,020 square feet of floor area,
plus 3 square feet of floor area
for each additional 100 square
feet in Net Lot Area
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding
accessory dwelling units and carriage houses, shall be eligible for one (1) floor area
increase in exchange for the extinguishment of one (1) historic TDR. Properties listed on
the Inventory of Historic Landmark Sites and Structures shall not be eligible for this floor
area increase. Nonconforming uses and structures shall not be eligible for this floor area
increase. No more than one (1) floor area increase shall be allowed per residence, with
the following exceptions:
i.Non-historic properties with a net lot area of 30,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
b. 100% Deed-Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor
Area shall be consistent with the Allowable Floor Area for a Duplex or Two Detached
Dwellings as indicated in the table above.
177
c. 100% Deed-Restricted Affordable Housing; Existing Multifamily: 0.75:1 FAR.
Existing multifamily that is not 100% Deed-Restricted Affordable Housing remains a
non-conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. No. 54-2003, §10; Ord. No.
27-2010, §4; Ord. No.34-2011, §7; Ord. No.33-2014, §5)
178
26.710.090 Residential Multi-Family (RMF).
A.Purpose. The purpose of the Residential Multi-Family (RMF) Zone District is to
provide for the use of land for intensive long-term residential purposes, Short-term Rentals, and
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
(RMF) Zone District are typically those found in the Aspen infill area, within walking distance
of the center of the City or 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 (RMF) Zone District:
1. Detached residential dwelling.
2. Two (2) detached residential dwellings.
3. Duplex dwelling.
4. Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
9. For historic landmark properties: bed and breakfast.
10. Short-term Rentals. Pursuant to Section 26.530
C.Conditional uses. The following uses are permitted as conditional uses in the
Residential Multi-Family (RMF) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
D.Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential Multi-Family (RMF) Zone District:
2. Minimum Gross Lot Area (square feet): six thousand (6,000). For lots created by
Paragraph 26.480.030.A.4, Historic landmark lot split: three thousand (3,000). For
179
properties that include or are proposed for 100% deed-restricted affordable housing:
three thousand (3,000).
3. Minimum Net Lot Area per dwelling unit (square feet):
a.Detached residential dwelling: four thousand five hundred (4,500). For historic
landmark properties: three thousand (3,000).
b.Duplex dwelling unit: four thousand five hundred (4,500). For historic landmark
properties: three thousand (3,000).
c.Multi-family dwellings: No requirement.
d.Bed and breakfast: No requirement.
5. Minimum lot width (feet): sixty (60). For lots created by Paragraph 26.480.030.A.4,
Historic landmark lot split: thirty (30). For lots containing or proposed for 100% deed-
restricted affordable housing: Thirty: (30)
4. Minimum front yard setback (feet):
a.Detached residential and duplex dwellings: Same as R-6 Zone District.
b.Multi-family: five (5).
5. Minimum side yard setback (feet):
a.Detached residential and duplex dwellings: same as R-6 Zone District.
b.Multi-family: five (5).
6. Minimum rear yard setback (feet):
a.Detached residential and duplex dwellings: same as R-6 Zone District.
b.Multi-family: five (5).
7. Maximum height (according to density) (feet):
a.Detached residential and duplex dwellings: same as R-6 Zone District.
b.Multi-family – parcel density less than one (1) unit per one thousand five hundred
(1,500) square feet of Gross Lot Area: twenty-five (25).
c.Multi-family – parcel density equal to or greater than one (1) unit per one thousand
five hundred (1,500) square feet of Gross Lot Area: thirty-two (32).
8. Minimum distance between buildings on the lot (feet):
a.Detached residential and duplex dwellings: same as R-6 Zone District.
b.Multi-family: No requirement. (Building and Fire Codes may apply.)
9. Public amenity space: Pursuant to Section 26.575.030.
10. Floor area ratio (FAR). This Paragraph applies to each type of use according to density
and applies to conforming and nonconforming lots of record:
180
a.Existing detached residential and duplex dwellings: one hundred percent (100%) of the
allowable floor area of an equivalent-sized lot located in the R-6 Zone District. (See
Section 26.710.040, R-6 Zone District.) City historic transferable development rights
shall not permit additional floor area for detached residential and duplex dwellings.
b.New or replacement after demolition detached residential and duplex dwellings: eighty
percent (80%) of the allowable floor area of an equivalent-sized lot located in the R-6
Zone District. (See Section 26.710.040, R-6 Zone District.) City historic transferable
development rights shall not permit additional floor area for detached residential and
duplex dwellings.
c.Multi-family – parcel density of less than one (1) unit per one thousand five hundred
(1,500) square feet of Gross Lot Area: 0.75:1.
d.Multi-family – parcel density equal to or greater than one (1) unit per one thousand five
hundred (1,500) square feet of Gross Lot Area: 1.25:1.
e.Multi-family – parcel density equal to or greater than one (1) unit per seven hundred
fifty (750) square feet of Gross Lot Area: 1.5:1.
11. Maximum multi-family unit size (square feet): For properties in the Aspen infill area,
two thousand (2,000) square feet of net livable area. For properties outside the Aspen
infill area, two thousand five hundred (2,500) square feet of net livable area.
a. The property owner may increase individual multi-family unit size by extinguishing
historic transferable development right certificates ("certificate" or "certificates"),
subject to the following:
1) The transfer ratio is five hundred (500) square feet of net livable area for
each certificate that is purchased.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is two thousand five hundred (2,500) square feet of net
livable area for properties within the Aspen infill area and three thousand
(3,000) square feet of net livable area for properties outside the Aspen infill
area (i.e., no more than five hundred [500] additional square feet may be
applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the floor area ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20 [part]; Ord.
No. 29-2002, §1; Ord. No. 27-2004, §1; Ord. No. 50-2005, §10; Ord. No. 9, 2007, §1; Ord. No.
27-2010, §4; Ord. No. 34-2011, §8)
181
26.710.100 Residential Multi-Family-A (RMFA).
A.Purpose. The purpose of the Residential Multi-Family-A (RMFA) Zone District is to
provide for the use of land for intensive long-term residential purposes, Short-term Rentals,
and 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-A (RMFA) Zone District are typically those found in the Aspen infill area, within
walking distance of the center of the City or 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-A (RMFA) Zone District:
1. Detached residential dwelling.
2. Two (2) detached residential dwellings.
3. Duplex dwelling.
4. Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter
26.520.
9. For historic landmark properties: bed and breakfast.
10. Short-term Rentals. Pursuant to Section 26.530
C.Conditional uses. The following uses are permitted as conditional uses in the
Residential Multi-Family-A (RMFA) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
D.Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Residential Multi-Family-A (RMFA) Zone District:
182
11. Minimum Gross Lot Area (square feet): six thousand (6,000). For historic landmark
properties: three thousand (3,000). For properties that include or are proposed for 100%
deed-restricted affordable housing: three thousand (3,000).
1. Minimum Net Lot Area per dwelling unit (square feet):
a.Detached residential dwelling: 4,500. For historic landmark properties: 3,000.
b.Duplex dwelling unit: 4,500. For historic landmark properties: 3,000.
c.Multi-family dwellings: No requirement.
d.Bed and breakfast: No requirement.
6. Minimum lot width (feet): sixty (60). For historic landmark properties: thirty (30). For
lots containing or proposed for 100% deed-restricted affordable housing: Thirty: (30)
3. Minimum front yard setback (feet):
a.Detached residential and duplex dwellings: Same as R-6 Zone District.
b.Multi-family: 5.
4. Minimum side yard setback (feet):
a.Detached residential and duplex dwellings: Same as R-6 Zone District.
b.Multi-family: 5.
5. Minimum rear yard setback (feet):
a.Detached residential and duplex dwellings: Same as R-6 Zone District.
b.Multi-family: 5.
6. Maximum height (according to density) (feet):
a.Detached residential and duplex dwellings: Same as R-6 Zone District.
b.Multi-family – parcel density less than one (1) unit per 1,500 square feet of Gross
Lot Area: 25.
c.Multi-family – parcel density equal to or greater than one (1) unit per 1,500 square
feet of Gross Lot Area: 32.
7. Minimum distance between buildings on the lot (feet):
a.Detached residential and duplex dwellings: Same as R-6 Zone District.
b.Multi-family: No requirement. (Building and Fire Codes may apply).
8. Public amenity space: Pursuant to Section 26.575.030.
9. Floor area ratio (FAR). This Paragraph applies to each type of use according to
density and applies to conforming and nonconforming lots of record:
a.Existing detached residential and duplex dwellings: One hundred percent (100%)
of the allowable floor area of an equivalent-sized lot located in the R-6 Zone
183
District. (See Section 26.710.040, R-6 Zone District.) City historic transferable
development rights shall not permit additional floor area for detached residential
and duplex dwellings.
b.New or replacement after demolition detached residential and duplex dwellings:
Eighty percent (80%) of the allowable floor area of an equivalent-sized lot located
in the R-6 Zone District. (See Section 26.710.040, R-6 Zone District.) City
historic transferable development rights shall not permit additional floor area for
detached residential and duplex dwellings.
c.Multi-family – parcel density of less than one (1) unit per one thousand five
hundred (1,500) square feet of Gross Lot Area: 0.75:1.
d.Multi-family – parcel density equal to or greater than one (1) unit per one thousand
five hundred (1,500) square feet of Gross Lot Area: 1.25:1.
e.Multi-family – parcel density equal to or greater than one (1) unit per seven
hundred fifty (750) square feet of Gross Lot Area: 1.5:1.
10. Maximum multi-family unit size (square feet): For properties in the Aspen infill area,
two thousand (2,000) square feet of net livable area. For properties outside the Aspen
infill area, two thousand five hundred (2,500) square feet of net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate that
is purchased.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 square feet of net livable area for properties within
the Aspen infill area and 3,000 square feet of net livable area for properties
outside the Aspen infill area (i.e., no more than five hundred [500] additional
square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the floor area ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord No. 27-2004, §2; Ord. No. 9,
2007, §2; Ord. No. 27-2010, §4; Ord. No. 34-2011, §9)
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26.710.110 Affordable Housing/Planned Development (AH/PD).
A.Purpose. The purpose of the Affordable Housing/Planned Development (AH/PD)
Zone District is to provide for the use of land for the production of category affordable
housing and resident occupied lots and units. The Zone District also permits a limited
component of free market lots/units to offset the cost of developing affordable housing. It is
contemplated that land may also be subdivided in connection with a development plan. The
AH/PD Zone District is intended for residential use primarily by permanent residents of the
community and in some instances allows for Short-term Rentals. Recreational and
institutional uses customarily found in proximity to residential uses are included as
conditional uses. Lands in the AH/PD Zone District should be scattered throughout the City
to ensure a mix of housing types, including those which are affordable by its working
residents; at the same time the AH/PD Zone District can protect the City's neighborhoods
from rezoning pressures that other non-community-oriented Zone Districts may produce.
Further, lands in the AH/PD Zone District should be located within walking distance of the
center of the City or on transit routes.
B.Permitted uses. The following uses are permitted as of right in the AH/PD Zone
District:
1. Residential uses restricted to category affordable housing guidelines and resident
occupied units which comply with the following requirements:
a. Minimum bedroom mix. A minimum of seventy percent (70%) of the project's
total bedrooms shall be deed restricted affordable housing consistent with the
Affordable Housing Guidelines. The mix between categories of housing shall be
consistent with the Affordable Housing Guidelines. The remaining bedrooms that
are not deed restricted to affordable housing may be free market residential units.
b. Permissible reduction in bedroom mix for exemplary projects. A project may be
eligible for a reduction of the minimum affordable housing bedroom mix
requirement to a level of sixty percent (60%) of the project's total bedrooms if the
applicant can demonstrate to the satisfaction of the City Council that the project
meets the requirements for an exceptional project as set forth in the Affordable
Housing Guidelines.
2. Home occupations.
3. Accessory buildings and uses.
4. Accessory dwelling units meeting the provisions of Chapter 26.520.
5. Short-term Rentals. Pursuant to Section 26.530
C.Conditional uses. The followings uses are permitted as conditional uses in the
Affordable Housing (AH) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Park and open use recreation site.
2. Child care center.
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3. Satellite dish antennae.
4. Dormitory.
5. Transit facilities.
D.Dimensional requirements. The following dimensional requirements shall be
established by adoption of a Final PD Development Plan and shall apply to all permitted and
conditional uses in the Planned Development:
1. Minimum Gross Lot Area.
2. Minimum Net Lot Area per dwelling unit.
3. Maximum allowable density.
4. Minimum lot width.
6. Minimum front yard.
7. Minimum side yard.
8. Minimum rear yard.
9. Maximum site coverage.
10. Maximum height (including view planes).
11. Minimum distance between buildings on the lot.
12. Minimum percent open space required for the building site.
13. Trash access area.
14. Allowable floor area.
15. Minimum off-street parking spaces.
16. Other dimensions determined necessary to establish through the PD process.
Note #1: The maximum allowable density permitted in this zone shall be established by
adoption of a Final PD Development Plan by using the following table applied to the
proposed fathering parcel as a guide:
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Unit Type
Minimum Net Lot Area* Per Dwelling
Unit (Square Feet)
Dormitory 300
Studio 400
One Bedroom 500
Two Bedroom 1000
Three Bedroom 1500
3+ Bedrooms 500 /Bedroom
Note #2: The allowable floor area permitted in this zone shall be established by adoption
of a Final PD Development Plan by using the following table applied to the proposed
fathering parcel as a guide:
Fathering Parcel Net Lot Area*
Allowable Floor
Area Ratio
0—15,000 square feet 1.1:1
15,001—25,000 square feet 1:1
25,001—43,560 square feet .8:1
>1 acre—3 acres .6:1
>3 acres—6 acres .36:1
>6 acres .3:1
* Net Lot Area as defined in the Land Use Code.
(Ord. No. 27-2010, §4; Ord. No. 34-2011, §10)
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26.710.120 High Density Residential (R-3).
A.Purpose. The purpose of the High Density Residential (R-3) Zone District is to provide
for the use of land to locate manufactured housing for intensive long-term residential purposes,
Short-term Rentals, and customary accessory uses and less intensive office uses. Recreational
and institutional uses customarily found in proximity to residential uses are included as
conditional uses. The High Density Residential (R-3) Zone District shall be located in areas
where the effect on surrounding property shall be minimized, where the health, safety and
general welfare of the High Density Residential (R-3) Zone District residents and others will
be protected and where the topography is suitable for the permitted uses and conditional uses
allowed in the High Density Residential (R-3) Zone District.
B.Permitted uses. The following uses are permitted as of right in the High Density
Residential (R-3) Zone District:
1. Mobile home park.
2. Home occupations.
3. Accessory buildings and uses.
2. Accessory dwelling units meeting the provisions of Chapter 26.520.
3. Short-term Rentals. Pursuant to Section 26.530.
C.Conditional uses. The following uses are permitted as conditional uses in the High
Density Residential (R-3) 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.
2. Church.
3. Child care center.
D.Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the High Density Residential (R-3) Zone District:
1. Minimum Gross Lot Area: three thousand (3,000) square feet.
2. Minimum Net Lot Area per dwelling unit: three thousand (3,000) square feet.
2. Minimum lot width: forty (40) feet.
3. Minimum front yard setback: five (5) feet (excluding hitch on mobile home).
4. Minimum side yard setback: five (5) feet.
5. Minimum rear yard setback: five (5) feet.
6. Maximum height:
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Administrative service buildings: twenty-five (25) feet.
All other structures: fifteen (15) feet.
7. Minimum distance between principal and accessory buildings: five (5) feet.
8. Percent of open space required for building site: No requirement.
9. External floor area ratio: No requirement.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 39-2001, § 1; Ord. No. 27-2010, §4; Ord. No.34-
2011, §11)
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26.710.130 Rural Residential (RR).
A.Purpose. Purpose. The purpose of the Rural Residential (RR) Zone District is to
allow utilization of land for low density, long-term residential and Short-term Rental purposes
with the recreational, institutional, public and other compatible uses customarily found in
proximity to those uses allowed as permitted uses or conditional uses.
B.Permitted uses. The following uses are permitted as of right in the Rural Residential
(RR) Zone District:
1. Detached residential dwelling.
2. Farm building and use, provided that all such buildings and storage areas are located at
least one hundred (100) feet from pre-existing dwellings on other lots.
2. Nursery.
3. Greenhouse.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units meeting the provisions of Section 26.520.040.
7. Short-term Rentals. Pursuant to Section 26.530
C.Conditional uses. The following uses are permitted as conditional uses in the Rural
Residential (RR) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. Public building.
2. Public and private academic school.
3. Church.
4. Radio tower.
5. Recreation club.
6. Child care center.
2. Park and open use recreation site including ski runs, ski lifts and other skiing
facilities and structures.
3. Sewage disposal.
4. Water storage and reservoir.
5. Electric substation or gas regulator station (not including building for offices,
repair or storage).
6. Veterinary clinic.
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D.Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Rural Residential (RR) Zone District:
1. Minimum Gross Lot Area: two (2) acres.
2. Minimum Net Lot Area per dwelling unit: two (2) acres.
3. Minimum lot width: two hundred (200) feet.
4. Minimum front yard setback: thirty (30) feet.
5. Minimum side yard setback: twenty (20) feet.
6. Minimum rear yard setback: twenty (20) feet.
7. Maximum height: twenty-eight (28) feet.
8. Minimum distance between principal and accessory buildings: No requirement.
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 R-15 Zone District.
(Ord. No. 56-2000, § 3; Ord. No. 25-2001, § 3; Ord. No. 27-2010, §4; Ord. No. 34-2011, §12)
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26.710.140 Commercial Core (CC).
A.Purpose. The Commercial Core (CC) serves as the highest intensity commercial area,
fulfilling the policies of the Aspen Area Community Plan geared towards a strong and
sustainable local and visitor economy, a diversity of commercial opportunities and the
maintenance of Aspen’s historic character. The CC zone provides for the use of land for retail,
service, commercial, and institutional purposes within mixed-use buildings oriented to local
and tourist populations. The balance of uses is designed to enhance the business and
commercial character in the historic core of the City and provide commercial opportunities
proximate to multi-modal transit infrastructure. This mix of uses creates economic, cultural
and social vitality,
B.Permitted uses. The following uses are permitted by right in the Commercial Core
(CC) Zone District:
1. Uses allowed on basement floors: General retail, specialty retail, restaurant, bar and
entertainment uses, office uses, and building elements necessary and incidental to uses
on other floors. Lodging uses, only when the entire building is dedicated to lodging and
associated commercial use.
2. Uses allowed on the ground floor: General retail, specialty retail, restaurant, bar and
entertainment uses, and uses and building elements necessary and incidental to uses on
other floors. Lodging uses, only when the entire building is dedicated to lodging and
associated commercial use. Office uses are prohibited on the ground floor except within
spaces set back a minimum of forty (40) feet from the front property line and recessed
behind the front-most street-facing façade. This prohibition shall not apply to split-level
buildings (see definition) or properties north of Main Street. Parking shall not be
allowed as the sole use of the ground floor. Automobile drive-through service is
prohibited.
3. Uses allowed on upper floors: General retail, specialty retail, restaurant, bar and
entertainment uses, office uses, lodging, and affordable multi-family housing.
4. Uses allowed on all floors: General retail, specialty retail, restaurant, bar and
entertainment uses, arts, cultural, civic and community uses, public uses, academic uses,
service uses, accessory uses and structures, storage accessory to a permitted use, and
uses and building elements necessary and incidental to uses on other floors, including
parking accessory to a permitted use.
5. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order, or
applied for a Development Order) prior to Ordinance 25 (Series of 2012).
6. Affordable Housing Units: Affordable housing is permitted by right on upper floors.
7. Home Occupations and Short-term Rentals: Home Occupations and Short-term Rentals
are permitted only in legally established residential units.
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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. Gasoline service station.
2. Commercial parking facility, pursuant to Chapter 26.515.
3. Automobile showroom and dealership.
4. Formula uses, which shall be subject to the provisions contained in Section
26.425.045.
5. Lodge, Boutique.
D.Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial Core (CC) Zone District. The
dimensional standards and allotments provided in this section for commercial and mixed-use
developments are the maximum allowable for the zone and may not be achieved for all
developments. Site constraints, historic resources, on-site mitigation and replacement
requirements, and other factors may prevent development from achieving some or all of the
maximum allowable dimensional standards.
1. Minimum Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
8. Maximum height (feet): Twenty-eight (28) feet.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public amenity space: Pursuant to Section 26.412.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2.25:1.
a.Commercial uses: 2.25:1.
b.Arts, cultural, civic and community uses, public uses, recreational uses,
academic uses, child care center and similar uses: 2:1.
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c.Affordable multi-family housing: Greater of existing FAR or 1:1.
d.Lodging: 0.5:1, which may be increased to 1.5:1 if the individual lodge
units on the parcel average five hundred (500) net livable square feet or
less, which may be comprised of lock-off units.
e.Free-Market multi-family housing: Limited to the existing free-market
multi-family FAR. No expansion to FAR shall be permitted, except at-
grade patios, and decks (other than roof-top decks), balconies, exterior
stairways, trellis, and other similar features up to 15% of the total free-
market residential floor area. Any subsequent reduction in floor area
occupied by such residential use shall be deemed a new limitation and
the use shall not thereafter be enlarged to occupy a greater floor area.
Free-market residential units shall not be able to utilize any exemptions
to floor area outlined in Section 26.575.020(D), Measuring Floor Area,
except as noted above.
12. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off
units, this maximum shall apply to the largest possible combination of units.
13. Net Livable Area (square feet):
a) Category 1-5 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
c) Free-Market Residential: Overall net livable area for a building or project is
limited to the existing net livable square footage. No expansion to overall net
livable area shall be permitted, except for as described below. Any subsequent
reduction in net livable area occupied by such residential use shall be deemed a
new limitation and the use shall not thereafter be enlarged to occupy a greater
net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable
area. Combination of Free-Market residential units is permitted, but subject to
the net livable size limitations herein, as well as other provisions of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit
sizes may be increased by extinguishing Historic Transferable Development
Right Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
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3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or
the use.
14. Commercial/residential ratio: When development includes mixed-uses, the total
residential net livable area shall be no greater than 65% of the total above-grade
commercial net leasable and lodge net livable area on the same parcel.
Compliance with City of Aspen Charter. Any property located east of Castle Creek that was
in the Commercial Core (CC) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §§7 [part], 11; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20 [part];
Ord. No. 21-2002, §§5 and 6 [part]; Ord. No. 28a-2004, §2; Ord. No. 12-2006, §10; Ord. No.
11, 2007, §1; Ord. No. 27-2010, §4; Ord. No. 34-2011, §13; Ord. No.12-2012, §1; Ord.
No.25-2012, §1; Ord. No.20-2015, 2; Ord. No.25-2015, 1; Ord. No. 29, 2016, §1; Ord. 23,
2017, §4)
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26.710.150 Commercial (C-1).
Purpose.The Commercial (C-1) zone district provides for a diversity of commercial uses in
mixed-use buildings outside of the historic context of the Commercial Core (CC) zone district.
The C-1 zone advances Aspen Area Community Plan policies geared toward a strong and
sustainable local and visitor economy, a diversity of commercial opportunities and the
maintenance of Aspen as a recreation and cultural destination. The C-1 zone creates economic
vitality by providing a mix of commercial uses with greater flexibility in architecture and
design, enhancing Aspen’s community character. The C-1 creates a transition from the more
intense activity of the CC zone district to the surrounding mixed-use, residential and lodge
related uses.
B.Permitted uses. The following uses are permitted by right in the Commercial (C-1)
Zone District:
1. Uses allowed on all floors: General retail, specialty retail, restaurant, bar and
entertainment uses, service uses, lodging uses, office uses, arts, cultural, civic and
community uses, public uses, recreational uses, academic uses, bed and breakfast,
accessory uses and structures, and uses and building elements necessary and incidental
to uses on other floors, including parking accessory to a permitted use, storage accessory
to a permitted use. Parking shall not be allowed as the sole use of the ground floor.
Automobile drive-through service is prohibited.
2. Uses allowed on upper floors: Affordable multi-family housing.
3. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order, or
applied for a Development Order) prior to Ordinance 25 (Series of 2012).
4. Affordable Housing Units: Affordable housing is permitted by right.
5. Home Occupations and Short-term Rentals: Home Occupations and Short-term Rentals
are permitted on any building level only in legally established residential units.
C.Conditional uses. The following uses are permitted as conditional uses in the
Commercial (C-1) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Affordable multi-family housing or home occupations on the ground floor.
2. Commercial parking facility, pursuant to Section 26.515.
3. Automobile showroom and dealership.
4. Formula uses, which shall be subject to the provisions in Section 26.425.045.
5. Lodge, Boutique.
D.Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial (C-1) Zone District. The dimensional
196
standards and allotments provided in this section for commercial and mixed-use developments
are the maximum allowable for the zone and may not be achieved for all developments. Site
constraints, historic resources, on-site mitigation and replacement requirements, and other
factors may prevent development from achieving some or all of the maximum allowable
dimensional standards.
1. Minimum Gross Lot Area (square feet):
a.Bed and breakfast: 3,000.
b.All other uses: No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet):
a.Bed and breakfast: Same as R-6 Zone District.
b.All other uses: No requirement.
3. Minimum lot width (feet):
a.Bed and breakfast: Same as R-6 Zone District.
b.All other uses: No requirement.
4. Minimum front yard setback (feet):
a.Bed and breakfast: Same as R-6 Zone District.
b.All other uses: No requirement.
5. Minimum side yard setback (feet):
a.Bed and breakfast: Same as R-6 Zone District.
b.All other uses: No requirement.
6. Minimum rear yard setback (feet):
a.Bed and breakfast: Same as R-6 Zone District.
b.All other uses: No requirement.
7. Minimum utility/trash/recycle area: Pursuant to chapter 12.06
8. Maximum height:
a.Bed and breakfast: Same as R-6 Zone District.
b.All other uses: Twenty-Eight (28) feet
9. Minimum distance between buildings on the lot (feet):
a.Bed and breakfast: Same as R-6 Zone District.
b.All other uses: No requirement.
10. Public amenity space: Pursuant to Section 26.412.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2:1.
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a. Commercial uses: 2:1.
b. Arts, cultural, civic and community uses, public uses, recreational uses,
academic uses, and similar uses: 1.75:1.
c. Affordable multi-family housing: Greater of existing FAR or 1:1
d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on
the parcel average five hundred (500) net livable square feet or less, which
may be comprised of lock-off units.
e. Bed and breakfast (as the sole use of parcel and not cumulative with other
uses): Eighty percent (80%) of allowable floor area of a same-sized lot located
in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic
TDRs shall not permit additional FAR for single-family or duplex
development.
f. Free-Market multi-family housing: Limited to the existing free-market multi-
family FAR. No expansion to FAR shall be permitted except at-grade patios,
and decks (other than roof-top decks), balconies, exterior stairways, trellis, and
other similar features up to 15% of the total free-market residential floor area.
Any subsequent reduction in floor area occupied by such residential use shall
be deemed a new limitation and the use shall not thereafter be enlarged to
occupy a greater floor area. Free-market residential units shall not be able to
utilize any exemptions to floor area outlined in Section 26.575.020(D),
Measuring Floor Area, except as noted above.
12. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off
units, this maximum shall apply to the largest possible combination of units.
13. Net Livable Area (square feet):
a) Category 1-5 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
c)Free-Market Residential: Overall net livable area for a building or project is
limited to the existing net livable square footage. No expansion to overall net
livable area shall be permitted. Any subsequent reduction in net livable area
occupied by such residential use shall be deemed a new limitation and the use
shall not thereafter be enlarged to occupy a greater net livable area. Individual
units shall be limited to 2,000 sq. ft. of net livable area. Combination of Free-
Market residential units is permitted, but subject to the net livable size
limitations herein, as well as other provisions of this title.
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d) Expansions Allowed: Notwithstanding the above, individual multi-family unit
sizes may be increased by extinguishing Historic Transferable Development
Right Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
14. Commercial/residential ratio: When development includes mixed-uses, the total
residential net livable area shall be no greater than 65% of the total commercial net
leasable and lodge net livable area on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Commercial (C-1) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §§7 [part], 12, 15; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20;
Ord. No. 28b-2004, §1; Ord. No. 12-2006, §11; Ord. No. 11, 2007, §2; Ord. No. 27-2010, §4;
Ord. No. 34-2011, §14; Ord. No. 12-2012, §2; Ord. No. 25-2012, §2; Ord. No. 20-2015, §3;
Ord. No.25-2015, 2; Ord. No. 29, 2016, §2; Ord. No. 23, 2017, §5)
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26.710.160 Service/Commercial/Industrial (S/C/I).
A.Purpose.The S/C/I zone supports Aspen Area Community Plan policies related to a
sustainable, local serving economy and the preservation of a diversity of commercial
opportunities for locals and visitors. In response to the decreased intensity of commercial uses
in the zone and relative distance from the CC and C1 zones, both multi-modal and automobile
parking improvements are appropriate on site in the S/C/I. In order to enhance the City’s
commercial diversity, the zone allows for uses not found in other zones including light
industrial, manufacturing, production, repair and similar service-related uses. The S/C/I zone
is designed to provide commercial space to those uses not appropriate in other commercial
zones, but which provide an essential or unique service to support the local economy.
Flexibility and adaptability are important features of the zone to respond to changing
commercial sector dynamics and meet the space needs of the City’s service, creative and
production economies.
B.Permitted and Conditional Uses.
1. The following uses may have, in combination, a limited percent of the floor area,
devoted to retail sales, showroom, or customer reception, and such uses shall be
ancillary to the primary commercial use. This floor area percentage may be
increased through Special Review by the Planning and Zoning Commission,
pursuant to Section 26.430.050, and according to the standards of Section
26.710.160(E)1.
% retail sales,
showroom, or
customer reception
(maximum – net
leasable area)
Uses include the manufacturing, repair, customization,
servicing, alteration, detailing, rental or sale of consumer goods,
such as:
100%Vehicle sales.
Building materials, components, hardware, fixtures, interior
finishes and equipment.
Fabric and sewing supply.
Household appliances such as ranges, refrigerators,
dishwashers, etc.
Outdoor recreational items, which may be in combination with a
service use related to guiding or touring.
25%Animal boarding facility.
Animal grooming establishment.
Artist studio.
Brewery and brewing supply.
Coffee roasting and supply.
Commercial dry cleaning.
Commercial Kitchen or Bakery.
Design Studio (limited to the Andrews-McFarlin Subdivision).
Laundromat.
Locksmith.
200
% retail sales,
showroom, or
customer reception
(maximum – net
leasable area)
Uses include the manufacturing, repair, customization,
servicing, alteration, detailing, rental or sale of consumer goods,
such as:
Marijuana Cultivation Facility, Marijuana Product
Manufacturing Facility, or Marijuana Testing Facility.
Consumer electronics service and repair.
Post Office branch.
Printing and copy center.
Shipping, packing and receiving services.
Veterinary clinic.
10%Automobile washing facility.
Building/landscape maintenance facility.
Warehousing and storage.
2. Primary Care Physician’s Office Uses permitted:
a. On Upper Floors, pursuant to Section 26.710.160 (D)11(b).
b. Limited to a cap of 3,500 square feet at the Obermeyer Place PD, upon execution
of an Insubstantial PD Amendment.
3. Affordable Housing Units: Affordable housing is permitted as a mixed use with other
approved S/C/I uses. See 26.710.160.D.11 for Affordable Housing FAR
requirements. Additionally, the project must demonstrate that the residential use and
individual units are substantially removed and physically separated from Commercial
Uses on the same parcel, to the extent practicable, so as to isolate residential uses from
commercial impacts and to adequately provide for on-loading, off-loading, circulation
and parking for commercial uses.
4. Permitted Accessory Uses:
a) Service yard accessory to a permitted use.
b) Sales and rental accessory and incidental to a permitted use.
c) Accessory buildings and uses.
d) Home occupations and Short-term Rentals: Home Occupations and Short-term
Rentals are permitted only in legally established residential units.
e) Offices, accessory to a permitted or conditional use, may occupy up to 10% of
a commercial unit.
C. Conditional uses.The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (SCI) zone district, subject to the procedures established
in Chapter 26.425.050 Procedures for Review, and the standards established in Section
26.710.160(F).
Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were legally
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established (having received a Certificate of Occupancy, Development Order, or applied
for a Development Order) prior to Ordinance 29, Series 2016
3. Consignment retail establishment.
4. Commercial Parking Facility, pursuant to Section 26.515.
5. Gasoline service station.
6. Grocery store.
D. Dimensional requirements.The following dimensional requirements shall apply to all
permitted and conditional uses in the Service/Commercial/ Industrial (SCI) zone district.
The dimensional standards and allotments provided in this section for commercial and
mixed-use developments are the maximum allowable for the zone and may not be
achieved for all developments. Site constraints, historic resources, on-site mitigation and
replacement requirements, and other factors may prevent development from achieving
some or all of the maximum allowable dimensional standards.
1. Minimum Gross Lot Area (square feet): 3,000
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Minimum Utility/Trash/Recycle area: Pursuant to Chapter 12.06.
8. Maximum height: Thirty-five (35) feet.
9. Minimum distance between buildings on the lot (feet): No Requirement.
10. Pedestrian Amenity Space: Pursuant to Section 26.412.
11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively
up to a total maximum FAR of 2.25:1. Achieving the maximum floor area ratio is
subject to compliance with applicable design standards, view plane requirements,
public amenity requirements and other dimensional standards. Accordingly, the
maximum FAR is not an entitlement and is not achievable in all situations.
a.Commercial Uses: 2.25:1.
b.Primary Care Physician’s Office uses: .25:1 FAR, only if a minimum of .75:1
FAR of Commercial uses, listed in Section 26.710.160(B)1-3, exist on the same
parcel.
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c.Affordable Multi-Family Housing (as a mixed use): Greater of existing FAR or
1:1.
d.Free-Market Multi-Family Housing: Limited to the existing free-market multi-
family FAR. No expansion to FAR shall be permitted except at-grade patios, and
decks (other than roof-top decks), balconies, exterior stairways, trellis, and other
similar features up to 15% of the total free-market residential floor area. Any
subsequent reduction in floor area occupied by such residential use shall be deemed
a new limitation and the use shall not thereafter be enlarged to occupy a greater floor
area. Free-market residential units shall not be able to utilize any exemptions to
floor area outlined in Section 26.575.020(D), Measuring Floor Area, except as noted
above.
12. Maximum multi-family residential dwelling unit size (square feet):
a) Category 1-5 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
c) Free-Market multi-family housing: Individual units shall be limited to 2,000 sq.
ft. of net livable area. Combination of Free-Market residential units is permitted,
but subject to the net livable size limitations herein, as well as other provisions
of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit
sizes may be increased by extinguishing Historic Transferable Development
Right Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or
the use.
E. Special Review Standards.Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430.050. The
following additional criteria apply:
1. To increase the allowable percentage of interior space assigned to retail, showroom, or
customer reception area, the applicant shall demonstrate the need and appropriateness
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for such additional space and shall demonstrate consistency with the purpose of the SCI
Zone District.
2. The additional approved percentage for a specific use shall be limited to that use and
not applicable to subsequent uses in the same space.
F.Conditional Use Review Standards.
1. Retail, Showroom or Customer Reception Area. In addition to meeting the standards
in Chapter 26.425, Conditional Use, the following Standards shall be met:
a. For consignment retail establishment, commercial parking facility (pursuant to
Chapter 26.575), and gasoline service station, the Commission shall establish the
appropriate amount of floor area to be devoted to retail sales, showroom, or
customer reception as a condition of conditional use review.
b. To establish the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for the space and shall demonstrate consistency with the purpose of
the SCI Zone District. The approved percentage for a specific use is limited to that
use and not applicable to subsequent uses in the same space.
G. Compliance with City of Aspen Charter. Any property located east of Castle Creek
that was in the Service/Commercial/Industrial (S/C/I) zone district on January 1, 2015, is
subject to the provisions of Article XIII Section 13.14, Voter authorization of certain land use
approvals, of the City of Aspen Charter.
(Ord. No. 2-1999, §1; Ord. No. 22-2005, §1; Ord. No. 4-2008; Ord. No. 27-2010, §4; Ord.
No. 39-2013, §3; Ord. No. 20-2015, §4; Ord. No. 29, 2016, §3)
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26.710.170 Neighborhood Commercial (NC).
A.Purpose. The Neighborhood Commercial (NC) zone supports Aspen Area Community
Plan policies related to a sustainable, local serving economy and the preservation of a diversity
of commercial opportunities for locals and visitors. The zone district provides opportunities
for mixed-use development in close proximity to downtown at higher intensity than the Mixed
Use or surrounding residential neighborhood zone districts. The NC allows for a mix of
essential goods and services oriented businesses in close proximity to multi-modal transit
infrastructure.
The mix of uses in the NC is designed to provide for the daily needs of residents and visitors in
a built environment that enhances the community character of Aspen. Greater design flexibility
and increased setbacks from the CC and C1 zones allows for mixed-use development which
creates a transition from the downtown commercial areas and can accommodate retail, service
commercial, food service and related uses in conjunction with affordable housing on upper
floors as an ancillary use to the primarily commercial purpose of the zone. Limited on-site
parking is appropriate in conjunction with high traffic volume or residential uses and in addition
to multi-modal improvements.
B.Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) Zone District:
1. Uses allowed on all building levels: General retail, restaurant, bar and
entertainment uses, service uses, office uses, arts, cultural, civic and community
uses, public uses, recreational uses, academic uses, accessory uses and structures,
uses and building elements necessary and incidental to uses on other floors,
including parking accessory to a permitted use, storage accessory to a permitted
use.
2. Uses allowed on upper floors: Affordable multi-family housing.
3. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development
Order, or applied for a Development Order (prior to Ordinance 29, Series of 2016).
4. Home Occupations and Short-term Rentals: Home Occupations and Short-term
Rentals are permitted only in legally established residential units.
C.Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Commercial parking facility, pursuant to Chapter 26.515.
2. Automobile showroom and dealership.
D.Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Neighborhood Commercial (NC) Zone District. The
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dimensional standards and allotments provided in this section for commercial and mixed-use
developments are the maximum allowable for the zone and may not be achieved for all
developments. Site constraints, historic resources, on-site mitigation and replacement
requirements, and other factors may prevent development from achieving some or all of the
maximum allowable dimensional standards.
1. Minimum Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): five (5).
5. Minimum side yard setback (feet): five (5).
6. Minimum rear yard setback (feet): five (5).
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
8. Maximum height: twenty-eight (28) feet.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public amenity space: Pursuant to Section 26.412.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 1.5:1. Achieving the maximum floor area ratio is subject
to compliance with applicable design standards, view plane requirements, public
amenity requirements and other dimensional standards. Accordingly, the maximum
FAR is not an entitlement and is not achievable in all situations.
a.Commercial uses: 1.5:1.
b.Arts, cultural, civic and community uses, public uses, recreational uses, academic
uses, and similar uses: 1:1.
c.Affordable multi-family housing: Greater of existing FAR and .5:1.
d.Free-market multi-family housing: Limited to the existing free-market multi-family
FAR. No expansion to FAR shall be permitted except at-grade patios, and decks
(other than roof-top decks), balconies, exterior stairways, trellis, and other similar
features up to 15% of the total free-market residential floor area. Any subsequent
reduction in floor area occupied by such residential use shall be deemed a new
limitation and the use shall not thereafter be enlarged to occupy a greater floor area.
Free-market residential units shall not be able to utilize any exemptions to floor area
outlined in Section 26.575.020(D), Measuring Floor Area, except as noted above.
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12. Maximum multi-family residential dwelling size (square feet):
a) Category 157 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 1,500 sq. ft. of net livable area.
c) Free-Market multi-family housing: Individual units shall be limited one thousand
five hundred (1,500) square feet of net livable area. Combination of Free-Market
residential units is permitted, but subject to the net livable size limitations herein, as
well as other provisions of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit sizes
may be increased by extinguishing Historic Transferable Development Right
Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
13. Commercial/residential ratio: When development includes mixed-uses the total
residential net livable area shall be no greater than 65% of the total commercial net
leasable and lodging net livable on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Neighborhood Commercial (NC) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 38-2000, §2; Ord. No. 12-2005, §1; Ord. No. 12-2006, §14, 15; Ord. No. 11, 2007;
Ord. No. 27-2010, §4; Ord. No. 34-2011, §15; Ord. No. 20-2015, §5; Ord. No. 29, 2016, §4)
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26.710.180 Mixed-Use (MU).
A.Purpose. The Mixed Use (MU) zone serves as a transition from the more intense
commercial areas of the CC and C-1 zones, and the residential and lodging zones surrounding
Main Street. By allowing for a mix of commercial and residential uses and smaller-scale
development, the Mixed Use zone reflects Aspen’s historic character and provides different
economic and residential opportunities from more traditional commercial zones. Particularly
along Main Street, the Mixed Use zone serves as a buffer from the traffic of Highway 82 while
allowing for smaller scale commercial and residential opportunities.
Buildings in the Mixed Use zone consist primarily of commercial, service and office uses on
the ground floor, and residential and office uses on upper floors and off of the primary street
frontage. Uses in the MU zone should not erode the character of the neighborhood or create
excessive impacts to the surrounding residential and lodging zone. Standalone residential uses
are permitted on properties as a reflection of the historic residential nature of the zone district.
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU) Zone
District:
1.On historic landmark properties: Bed and breakfast.
2.General retail uses.
3.Specialty retail uses.
4.Restaurant, bar and entertainment uses.
5.Service uses.
6.Office uses.
7.Lodging.
8.Arts, cultural, civic and community uses.
9.Public uses.
10.Recreational uses.
11.Academic uses.
12.Affordable multi-family residential.
13.. Free-Market Residential Units: No new Free-Market Residential Units (single-family,
duplex, multi-family) may be established. Free-Market Residential units are permitted
if they were legally established (having received a Certificate of Occupancy,
Development Order, or applied for a Development Order) prior to Ordinance XX (Series
of 2022). Demolition of existing free-market residential uses shall be subject to
26.312.020, Non-Conforming uses.
14.Accessory dwelling unit in a separate building accessed off the rear of a lot as an
accessory use, meeting the provisions of Chapter 26.520.
15.Home occupations.
16.Accessory uses and structures.
17.Storage accessory to a permitted use.
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18.Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the Mixed-Use
(MU) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Commercial parking facility, pursuant to Chapter 26.515.
2. Automobile showroom and dealership.
3. Formula uses in the Main Street Historic District, subject to the provisions contained in
Section 26.425.045.
4. Lodge, Boutique.
D.Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Mixed-Use (MU) Zone District. The dimensional
standards and allotments provided in this section for commercial and mixed-use developments
are the maximum allowable for the zone and may not be achieved for all developments. Site
constraints, historic resources, on-site mitigation and replacement requirements, and other
factors may prevent development from achieving some or all of the maximum allowable
dimensional standards.
1. Minimum Gross Lot Area (square feet): 3,000.
2. Minimum Net Lot Area per dwelling unit (square feet):
a.Detached residential dwellings: 4,500. 3,000 for historic landmark
properties.
b.Duplex dwellings (square feet): 4,500. 3,000 for historic landmark
properties.
c.All other uses: Not applicable.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 10, which may be reduced to 5, pursuant to
Special Review, Chapter 26.430.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
8. Maximum height:
a.Detached residential and duplex dwellings: 25 feet.
b.All other uses: 28 feet.
9. Minimum distance between buildings on the lot (feet): 10.
10. Public amenity space: Pursuant to Section 26.412.
11. Floor Area Ratio (FAR):
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a. The following FAR schedule applies to uses cumulatively and individually when
part of a commercial, lodging, or mixed-use development, as follows:
Use
Maximum
(allowed by right)
Maximum by special review
(see Subsection 26.430.040.A)
Main Street
Historic District
All Other
Locations
Cumulative total of all uses 1:1 1.25:1 1.5:1
Commercial 1:1 1.25:1 1.5:1
Civic 1:1 1.25:1 1.5:1
Lodging 0.75:1 1:1 1:1
Affordable Housing
Maximum (allowed by right)
Main Street Historic District: 1.25:1; All other locations: 1.5:1
b.Free-Market multi-family housing: Limited to the existing free-market as calculated
per 26.575.020.D. No expansion shall be permitted, except at-grade patios, and
decks (other than roof-top decks), balconies, exterior stairways, trellis, and other
similar features up to 15% of the total free-market residential floor area. Any
subsequent reduction in floor area occupied by such residential use shall be deemed
a new limitation and the use shall not thereafter be enlarged to occupy a greater floor
area. Free-market residential units shall not be able to utilize any exemptions to
floor area outlined in Section 26.575.020(D), Measuring Floor Area, except as
noted above. City historic transferable development rights shall not permit
additional floor area for detached residential and duplex dwellings.
12. Maximum multi-family residential dwelling unit size (square feet):
a) Category 1-5 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
c) Free-Market multi-family housing: Individual units shall be limited to 2,000 sq. ft.
of net livable area. Combination of Free-Market residential units is permitted, but
subject to the net livable size limitations herein, as well as other provisions of this
title.
d) Expansions Allowed: Notwithstanding the above, individual, free-market multi-
family unit sizes may be increased by extinguishing Historic Transferable
Development Right Certificates (“certificate” or “certificates”), subject to the
following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
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2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
Commercial/residential ratio: When development includes mixed-uses, the total
residential net livable area shall be no greater than 150% the total commercial net leasable
and lodging net livable area located on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Mixed-Use (MU) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. 1-2002, §20; Ord. No. 7-
2005, §1 [part]; Ord. No. 12-2006, 13; Ord. No. 11, 2007; Ord. No. 27-2010, §4; Ord. No.34-
2011, §16; Ord. No. 17-2014, §2; Ord. No. 20-2015, §6; Ord. No. 29, 2016, §5; Ord. No. 23,
2017, §6)
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26.710.190 Lodge (L).
A.Purpose. The purpose of the Lodge (L) Zone District is to encourage construction,
renovation and operation of lodges, tourist-oriented multi-family buildings through Short-term
Rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging to
support and enhance the City's resort economy. The City encourages high-occupancy lodging
development in this zone district. Therefore, certain dimensional incentives are provided in
this zone district, as well as other development incentives in Chapter 26.470, Growth
Management Quota System (GMQS).
B.Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
1. Hotel or lodge.
2. Timeshare lodge.
3. Exempt timesharing.
4. Offices and activities accessory to timeshare unit sales (see Section 26.590).
5. Bed and breakfast.
6. Conference facilities.
7. Uses associated with outdoor recreation facilities and events.
8. Accessory uses and structures. (Food service for on-site lodge guests is an
accessory use.)
9. Storage accessory to a permitted use.
10. Affordable multi-family housing accessory to a lodging or timeshare operation and
for employees of the operation.
11. 100% Deed-Restricted Affordable Housing, multi-family (as a single use)
12. Free-market multi-family housing.
13. Home occupations.
14. Short-term Rentals. Pursuant to Section 26.530
C.Conditional uses. The following uses are permitted as conditional uses in the Lodge
(L) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Retail and restaurant uses.
2. Neighborhood commercial uses.
3. Service uses.
4. Arts, cultural and civic uses.
5. Public uses.
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6. Academic uses.
7. Child care center.
8. Commercial parking facility, pursuant to Chapter 26.515.
9. Affordable multi-family housing not accessory to a lodging or timeshare operation.
10. Formula uses, which shall be subject to the provisions contained in Section
26.425.045.
11. Lodge, Boutique.
D.Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Lodge (L) Zone District:
1. Minimum Gross Lot Area (square feet): 3,000.
2. Minimum Net Lot Area per dwelling unit (square feet):
a.Free-market multi-family residential: 3,000.
b.Affordable multi-family residential: No requirement.
c.Lodge, timeshare lodge and exempt timesharing: No requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
7. Minimum utility/trash/recycle area: pursuant to Section 26.575.060.
8. Maximum height:
a.Bed and breakfast (as a single use): 25 feet.
b.Multi-family (as a single use): 28 feet.
c.Lodge, timeshare lodge, exempt timesharing and mixed-use projects, with less
than one lodge unit per 500 square feet of Gross Lot Area: 28 feet.
d.Lodge, timeshare lodge, exempt timesharing and mixed-use projects, with one (1)
or more lodge units per 500 square feet of Gross Lot Area: 36 feet, which may be
increased to 40 feet through Commercial Design Review. See Chapter 26.412.
Also see Subsection 26.710.190.E.
e.Lodge, timeshare lodge, exempt timesharing and mixed-use projects, with one or
more lodge units per 500 square feet of Gross Lot Area and an average lodge unit
size of 450 square feet or less: 38 feet, which may be increased to 40 feet through
commercial design review. See Chapter 26.412. Also see Subsection E below.
9. Minimum distance between buildings on the lot (feet): 10.
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10. Public amenity space: Pursuant to Section 26.575.030.
11. Floor area ratio (FAR):
a. The following FAR schedule applies to commercial, lodge, timeshare lodge,
exempt timesharing and mixed-use projects with one (1) or more lodge units per
five hundred (500) square feet of Gross Lot Area. This FAR schedule is
cumulative, up to a total maximum FAR of 2.75:1 for parcels of twenty-seven
thousand (27,000) square feet or less in size and 2.5:1 for parcels greater than
twenty-seven thousand (27,000) square feet. Also see Subsection 26.710.190.E.
Unless otherwise stated below, a development's non-unit space shall not count
towards the FAR cap of an individual use category; however, the maximum FAR
cap for the parcel shall not be exceeded. Achieving the maximum floor area ratio
is subject to compliance with applicable design standards, view plane
requirements, public amenity requirements and other dimensional standards.
Accordingly, the maximum FAR is not an entitlement and is not achievable in all
situations.
1) General retail and specialty retail uses; restaurant, bar and entertainment uses;
service uses; arts, assembly, cultural, civic and community uses; public uses;
academic uses; child care centers: 0.25:1, which may be increased to 0.5:1 by
special review, pursuant to Section 26.430.
2) Lodge units, timeshare lodge units, exempt timesharing units: 2:1.
3) Commercial parking facility: 1:1.
4) Affordable multi-family housing: 0.25:1, which may be increased by special
review, pursuant to Chapter 26.430.
5) Free-market multi-family housing: The allowable floor area shall be based on
a percentage of the total net livable area of lodging units and affordable
housing units on the parcel and according to average lodge unit size on the
parcel, as defined in Table 26.710.109.1, below:
Table 26.710.109.1
Allowable Free-Market Residential FAR
Table 26.710.190.1
Average net livable area of individual
lodge units on the parcel
Free-market residential FAR as a percentage of
total lodge unit and affordable housing net
livable area
Greater than 600 square feet 5%
600 square feet 15%
500 square feet 40%
400 square feet 50%
300 square feet or less 60%
When the average lodge unit size falls between the square footage categories,
the allowable free-market multi-family or large lodge/timeshare unit floor area
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shall be determined by interpreting the above schedule proportionately. For
example, a lodge project with an average unit size of 450 square feet shall be
allowed to develop a free-market residential floor area up to 45% of the total
lodge unit net livable area.
This percentage of free-market residential FAR may not be otherwise
established for a project through a planned development review.
All non-unit space attributable to free-market residential or large
lodge/timeshare units shall count towards the individual FAR allowance for
free-market residential or large lodge/timeshare units.
b. The following FAR schedule applies to commercial, lodge, timeshare lodge,
exempt timesharing and mixed-use projects, with less than one lodge unit per 500
square feet of Gross Lot Area. This FAR schedule is cumulative, up to a total
maximum FAR of 1.5:1 for parcels of twenty-seven thousand 27,000 square feet
or less in size and 1:1 for parcels greater than 27,000 square feet. Unless
otherwise stated below, a development's non-unit space shall not count towards the
FAR cap of an individual use category; however, the maximum FAR cap for the
parcel shall not be exceeded.
1) Commercial uses; arts, cultural and civic uses; public uses; academic uses;
child care center: .25:1, which may be increased to .5:1 by special review,
pursuant to Section 26.430.
2) Lodge units, Timeshare Lodge units, Exempt Timesharing units: 1:1.
3) Commercial Parking Facility: 1:1.
4) Affordable multi-family housing: .25:1, which may be increased by special
review, pursuant to Section 26.430.030.a
5) Free-market multi-family housing: .25:1. All non-unit floor area attributable
to free-market multi-family housing shall count towards the individual FAR
allowance for free-market multi-family housing.
c. The following FAR schedule applies to Free-Market multi-family (as a single use)
projects established prior to the adoption of Ordinance No. 9, Series of 2005, up to
a total maximum FAR of 1:1. Receipt of a development order shall constitute the
date the use was established.
d. The following FAR schedule applies to Free-Market, multi-family (as a single use)
projects established after the adoption of Ordinance 9, Series of 2005, , up to a
total maximum FAR of .5:1. Receipt of a development order shall constitute the
date the use was established.
e. The following FAR schedule applies to 100% Deed-Restricted Affordable
Housing (as a single-use): 1.5:1.
f. The following FAR schedule applies to bed and breakfast as a single use of the
parcel: 100% of the allowable floor area of a single-family residence on an
equivalent-sized lot located in the R-6 Zone District. (See R-6 Zone District.)
12. Maximum Multi-Family Residential Dwelling Unit Size (square feet): 1,500 sq. ft. of
net livable area.
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a. The property owner may increase individual multi-family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate
that is extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 square feet of net livable area (i.e., no more
than 500 additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring
development rights does not allow an increase in the FAR of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates
E. Special review for density standard. The Planning and Zoning Commission may
approve an adjustment of the "density standard," and the project shall remain qualified for the
height, floor area, and growth management incentives associated with this standard. The
review shall be pursuant to the review procedures for special review, Chapter 26.430, and the
following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
F. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge (L) zone district on January 1, 2015, is subject to the provisions
of Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 41-2000, §§1, 2; Ord. 56-2000, §§7 [part], 13; Ord. No. 25-2001, §5 [part]; Ord.
No. 21-2002, §§5, 6 [part]; Ord. No. 9-2005, §3; Ord. No. 50a-2005, §§7, 8; Ord. No. 25,
2006, §2; Ord. No. 10, 2007, §1; Ord. No. 27-2010, §4; Ord. No.34-2011, §17; Ord. No.20-
2015, §7; Ord. No. 23, 2017, §7-8)
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26.710.200 Commercial Lodge (CL).
A.Purpose. The purpose of the Commercial Lodge (CL) Zone District is to provide for
the establishment of mixed-use commercial and lodge development by permitting commercial
uses on the ground floor with lodging development above. The City encourages high-
occupancy lodging development in this zone district through hotel, lodge and timeshare uses
and Short-term Rentals
B.Permitted uses. The following uses are permitted as of right in the Commercial
Lodge (CL) Zone District:
1. Uses allowed in basement and ground floors: Lodge uses,
conference facilities, restaurant, bar and entertainment uses,
office uses, service uses, arts, assembly, cultural, civic and
community uses, recreational uses, academic uses, and child
care center. Uses and facilities necessary and incidental to
uses on Upper Floors. Parking shall not be allowed as the
sole use of the ground floor. Automobile drive-through
service is prohibited.
2. Uses allowed on upper floors: Lodge uses, exempt
timesharing, offices and activities accessory to timeshare
unit sales (see Chapter 26.590), accessory uses, storage
accessory to a permitted use, affordable multi-family
housing, free-market multi-family housing, Short-term
Rentals. (Food service for on-site lodge guests is an
accessory use.)
C.Conditional uses. The following uses are permitted as conditional uses in the
Commercial Lodge (CL) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. The following uses may be located only on upper floors: general retail and specialty
retail uses, restaurant, bar and entertainment uses, service uses, office uses, arts,
assembly, cultural, civic, and community uses, public uses, academic uses or child
care centers.
2. Commercial parking facility, pursuant to Chapter 26.515.
3. Formula uses.
4. Lodge, Boutique.
D.Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial Lodge (CL) Zone District:
1. Minimum Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
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5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Minimum utility/trash/recycle area: pursuant to Section 26.575.060.
8. Maximum height: 28 feet for two-story elements of a building. 36 feet for three-story
elements of a building, which may be increased to 40 feet through Commercial Design
Review. See Chapter 26.412. For projects with an average lodge unit size of four
hundred fifty (450) square feet or less, three-story elements of a building may be 38
feet, which may be increased to 40 feet through commercial design review.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public amenity space: Pursuant to Section 26.575.030.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2.5:1. Unless otherwise stated below, non-unit space
associated with individual uses shall be attributable to the individual FAR allowance.
Unless otherwise stated below, a development's non-unit space shall not count towards
the FAR cap of an individual use category; however, the maximum FAR cap for the
parcel shall not be exceeded. Achieving the maximum floor area ratio is subject to
compliance with applicable design standards, view plane requirements, public amenity
requirements and other dimensional standards. Accordingly, the maximum FAR is not
an entitlement and is not achievable in all situations.
a.Commercial uses; arts, assembly, cultural, civic and community uses; public uses;
academic uses; child care centers; commercial parking facility: 1:1.
b.Lodging units, timeshare lodging units and exempt timesharing units: 2:1.
c.Affordable multi-family housing: .25:1, which may be increased by special review,
pursuant to Section 26.430.d
d.Free-market multi-family housing: .25:1. All non-unit space attributable to Free-
Market Multi-Family Housing shall count towards the individual FAR allowance
for Free-Market Multi-Family Housing.
12. Maximum Residential Unit Size (square feet): 1,500 sq. ft. of net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is five hundred (500) square feet of net livable area for each
certificate that is extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
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3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the FAR of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates
E.Special review for density standard. The Planning and Zoning Commission may
approve an adjustment of the "density standard," and the project shall remain qualified for the
growth management incentives associated with this standard. The review shall be pursuant to
the review procedures for special review, Chapter 26.430, and the following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
F. Compliance with City of Aspen Charter. Any property located east of the Castle
Creek River that was in the Lodge (L) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 21-2002, §§5 and 6 [part]; Ord. No. 9-2005, §2; Ord. No. 50a-2005, §9; Ord. No.
10, 2007, §2; Ord. No. 27-2010, §4; Ord. No.34-2011, §18; Ord. No.25-2012, §3; Ord.
No.20-2015, §8; Ord. No. 23, 2017, §9-11)
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26.710.220 Conservation (C).
A.Purpose. The purpose of the Conservation (C) Zone District is to provide areas of
low density development to enhance public recreation, conserve natural resources, encourage
the production of crops and animals and to contain urban development.
B.Permitted uses. The following uses are permitted as of right in the Conservation (C)
Zone District:
1. Detached residential dwelling.
2. Park, playfield, playground and golf course.
3. Riding stable.
4. Cemetery.
5. Crop production orchards, nurseries, flower production and forest land.
6. Pasture and grazing land.
7. Dairy.
8. Fishery.
9. Animal production.
10. Husbandry services (not including commercial feedlots) and other farm and
agricultural uses.
11. Railroad right-of-way, but not a railroad yard.
12. Home occupations.
13. Accessory buildings and uses.
14. Accessory dwelling units meeting the provisions of Section 26.520.040.
15. Temporary special events associated with ski areas including, but not limited to, such
events as ski races, bicycle races and concerts; with Special Event Committee
approval.
C.Conditional uses. The following uses are permitted as conditional uses in the
Conservation (C) District, subject to the standards and procedures established in Chapter
26.425.
1. Guest ranches.
2. Recreational uses including a riding academy, stable, club, country club and golf
course.
3. Ski lift and other ski facilities.
4. Sewage disposal area.
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5. Water treatment plant and storage reservoir.
6. Electric substations and gas regulator stations (not including business or
administration offices).
D.Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Conservation (C) Zone District.
1. Minimum Gross Lot Area (acres): 10.
2. Minimum Net Lot Area per dwelling unit (acres): 10
3. Minimum lot width (feet): 400.
4. Minimum front yard setback (feet): 100.
5. Minimum side yard setback (feet): 30.
6. Minimum rear yard setback (feet): 30.
7. Maximum height: twenty-five (25) feet.
8. Minimum distance between principal and accessory buildings (feet): No requirement.
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 R-15 Zone District.
(Ord. No. 32-1999, § 2; Ord. No. 56-2000, §§ 4, 7 [part], 14; Ord. No. 25-2001, §§ 3, 5 [part];
Ord, No. 13-2005, § 4; Ord. No. 27-2010, §4)
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26.710.230 Academic (A).
A.Purpose. The purpose of the Academic (A) Zone District is to establish lands for
education and cultural activities with attendant research, housing and administrative facilities.
All development in the Academic Zone District shall be in compliance with a Final Planned
Development approval granted pursuant to the provisions of Chapter 26.445, Planned
Development.
B.Permitted uses. The following uses are permitted as of right in the Academic (A)
Zone District:
1. Private school or university, teaching hospital, research facility or testing laboratory,
provided that such facilities are enclosed and there are no adverse noise or
environmental effects.
2. Auditorium and other facilities for performances and lectures.
3. Gallery;
4. Museum;
5. Library;
6. Administrative offices.
C.Conditional uses. The following uses are permitted as conditional uses in the
Academic (A) Zone District, subject to the standards and procedures established in Chapter
26.425.
1. Boardinghouse and dormitory for housing students and faculty of schools and other
academic institutions;
2. Student health care facility; and
3. Student and faculty dining hall.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption
of a Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
(Ord. No.36-2013, §18)
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26.710.240 Park (P).
A.Purpose. The purpose of the Park (P) Zone District is to ensure that land intended for
recreation use is developed so as to serve its intended use, while not exerting a disruptive
influence on surrounding land uses.
1. When a Park (P) Zone District is designated with a Transportation Overlay (T) Zone
District designation, its purpose is to provide for the use of for both parks and public
transportation facilities in the most compatible manner practicable, but with the park
character remaining dominant.
2. When a Park (P) Zone District is designated with a Drainage Overlay (D) Zone
District designation, its purpose is to provide for the use of both park and drainage
system facilities in the most compatible manner practicable, with the park character
remaining dominant.
3. When the Park (P) Zone District is designated both with the Transportation Overlay
(T) Zone District and the Drainage Overlay (D) Zone District, its purpose is to provide
for the use of parks, public transportation facilities and drainage system facilities in
the most compatible manner practicable, with the park character remaining dominant.
4. When the Park (P) Zone District is designated Golf Course Support (GCS) Overlay
Zone District, its purpose is to provide for the use of public golf courses and adjacent
support facilities in the most compatible manner practicable, with the park character
remaining dominant.
B.Permitted uses. The following uses are permitted as of right in the Park (P) Zone
District:
1. Open-use recreational facility, park, playfield, playground, swimming pool, golf
course, riding stable, nursery, botanical garden; and
2. Accessory buildings and uses.
C.Conditional uses. The following uses are permitted as conditional uses in the Park
(P) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Recreation building.
2. Sport shop.
3. Restaurant facility.
4. Park maintenance building.
5. Farmers' market, as defined in Section 26.04.100, provided:
a. It operates no more than two (2) days per week, unless modified by the
Commission under the conditional use review;
b. It opens to the public no earlier than 7 a.m. and closes no later than 2 p.m., unless
modified by the Commission under the conditional use review; and
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c. It shall be limited to those weeks that fall between the first Saturday in June and
the weekend following the Thanksgiving holiday, inclusive, unless modified by
the Commission under the conditional use review.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Park (P) Zone District shall be set by the adoption of a
Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
(Ord. No. 36-2013, § 19)
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26.710.250 Public (PUB).
A.Purpose. The purpose of the Public (PUB) Zone District is to provide for the
development of governmental, quasi-governmental and nonprofit facilities for cultural,
educational, civic and other nonprofit purposes.
B.Permitted uses. The following uses are permitted as of right in the Public (PUB)
Zone District:
1. Library;
2. Museum;
3. Post office;
4. Hospital;
5. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops);
6. Public transportation stop;
7. Terminal building and transportation-related facilities;
8. Public surface and underground parking areas;
9. Fire station;
10. Public and private school;
11. Public park;
12. Arts, cultural and recreational activities, buildings and uses;
13. Accessory buildings and uses;
14. Public and private nonprofit uses providing a community service; and
15. Child care center.
C.Conditional uses. The following uses are permitted as conditional uses in the Public
(PUB) Zone District, subject to the standards and procedures established in Chapter 26.425.
1. Maintenance shop.
2. Affordable housing.
D.Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Public (PUB) Zone District shall be set by the adoption
of a Final Planned Development approval granted pursuant to the provisions of Chapter
26.445, Planned Development.
(Ord. No. 42-2000, § 2; Ord. No. 36-2013, §20)
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26.710.260 Open Space (OS).
A.Purpose. The purpose of the Open Space (OS) Zone district is to preserve, protect
and enhance lesser developed or undeveloped areas within the City containing unique
naturally occurring or manmade landscape features which provide visual relief and enjoyment
while reflecting or presenting community artistic or architectural statements. Development in
the Open Space (OS) Zone District should emphasize and be consistent with the natural
dynamic state of the land and minimize disruption of existing natural conditions.
B.Permitted uses. The following uses are permitted as of right in the Open Space (OS)
Zone District:
1. Paved and unpaved walkways.
2. Benches.
3. Sculpture.
4. Water features such as ponds, streams or fountains.
5. Architectural lighting and downcast low-illumination lighting for walkways and trails.
6. Sculptured or manicured landscape features.
7. Fencing.
C.Conditional uses. None.
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26.710.270 Wildlife Preservation (WP).
A.Purpose. The purpose of the Wildlife Preservation (WP) Zone District is to secure
and protect undeveloped or less developed areas within the City from traditional development
activities so as to provide for the nurturing and preservation of naturally occurring vegetation,
topography, wildlife and wildlife habitat while permitting controlled and limited human use
and activities.
B.Permitted uses. The following uses are permitted as of right in the Wildlife
Preservation (WP) Zone District:
1. Unpaved walkways and trails.
2. Benches.
3. Pedestrian bridges.
C.Conditional uses. The following uses are permitted as conditional uses in the
Wildlife Preservation (WP) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Paved walkways and trails.
2. Fencing.
3. Downcast low-illumination lighting for walkways and trails.
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26.710.280 Transportation Overlay (T) Zone District.
A.Purpose. The purpose of the Transportation Overlay (T) Zone District is to provide
for the uses necessary to accommodate the public transportation needs of the City, including
the bus system, public parking and similar uses.
B.Permitted uses. The following uses are permitted as of right in the Transportation
Overlay (T) Zone District:
1. Public transportation facilities, including bus stops and other transit stops.
2. Terminal buildings.
3. Transportation information and other service related facilities.
4. Public underground parking structures.
5. The permitted uses of the underlying Zone District.
C.Conditional uses. There are no uses permitted as conditional uses in the
Transportation Overlay (T) District, except the conditional uses of the underlying Zone
District.
D.Dimensional requirements. The dimensional requirements for all uses in the
Transportation Overlay (T) Zone District, shall be the dimensional requirements established
for those uses in the underlying Zone District.
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26.710.290 Drainage Overlay (D) Zone District.
A.Purpose. The purpose of the Drainage Overlay (D) Zone District is to provide for the
uses necessary to accommodate the water draining from Aspen Mountain, as well as to retain
the drainage discharging from the City's drainage system.
B.Permitted uses. The following uses are permitted as of right in the Drainage Overlay
(D) Zone District:
1. All uses required by the City Runoff Management Plan, including conduits, swales,
retention ponds and appurtenances.
2. The permitted uses of the underlying Zone District.
C.Conditional uses. There are no uses permitted as conditional uses in the Drainage
Overlay (D) Zone District, except the conditional uses allowed in the underlying Zone
District.
D.Dimensional requirements. The dimensional requirements for all uses in the
Drainage Overlay (D) Zone District shall be the dimensional requirements established for
those uses in the underlying Zone District.
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26.710.300 Golf Course Support Overlay (GCS) Zone District.
A. Purpose. The purpose of the Golf Course Support Overlay (GCS) Zone district is to
provide for the uses necessary to support the City Golf Course and to permit such other
uses as may be required for the facility on a year round basis.
B. Permitted uses. The following uses are permitted as of right in the Golf Course Support
Overlay (GCS) Zone District:
1. Lodge;
2. Conference facilities;
3. Restaurant and bar;
4. Sport shop;
5. Golf and maintenance facilities;
6. Active recreational facilities such as tennis courts and swimming pools;
7. Housing for lodge employees;
8. Parking lot; and
9. The permitted uses of the underlying Zone District.
C. Conditional uses. There are no uses permitted as conditional uses in the Golf Course
Support Overlay (GCS) Zone District, except the conditional uses of the underlying Zone
District.
D. Dimensional requirements. The dimensional requirements for all uses in the Golf
Course Support Overlay (GCS) Zone District shall be the dimensional requirements
established for those uses in the underlying Zone District.
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26.710.310 Lodge Overlay (LO) Zone District.
A. Purpose. The purpose of the Lodge Overlay (LO) Zone District is to provide for lodge
uses and Short-term Rentals in areas of the City suitable for lodge accommodations but
which lie in predominantly residential neighborhoods or where there are limitations on
development that necessitate the permitted density to be significantly less than that in the
City's other lodge Zone Districts.
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO)
Zone District:
1. The uses permitted in the underlying zone district.
2. Hotel or lodge.
3. Timeshare lodge.
4. Exempt timesharing.
5. Bed and breakfast.
6. Offices and activities accessory to timeshare unit sales (see Chapter 26.590).
7. Conference facilities.
8. Uses associated with outdoor recreation facilities and events.
9. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
10. Storage accessory to a permitted use.
11. Affordable housing accessory to a lodging or timeshare operation and for employees
of the operation.
12. Free-market multi-family housing.
13. Short-term Rentals. Pursuant to Section 26.530.
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
Overlay (LO) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public.
3. Restaurant.
4. Lodge, Boutique.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Overlay (LO) Zone District shall be the dimensional requirements established for those
uses in the underlying zone district. Where no specific dimensions have been established
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for the use, the permitted dimensions shall be limited to that of a single-family residence
or multi-family residences where such uses are permitted in the underlying zone district.
Upon consideration of the neighborhood compatibility and the dimensional requirements
of surrounding zone districts, the dimensional requirements may be established pursuant
to Chapter 26.445 - Planned Development.
As part of the PD review, an adjustment of the "density standard" may be approved, and the
project shall remain qualified for the growth management incentives associated with this
standard. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per
600 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
The amount of associated free-market residential floor area to be included in a lodging project
shall be as defined in the Lodge (L) Zone District, Subparagraph 26.710.190.D.11.a.5.
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge Overlay (LO) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 9-2005, §3; Ord. No. 10, 2007, §3; Ord. No.34-2011, §19; Ord. No.20-2015, §9;
Ord. No. 23, 2017, §12)
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26.710.320 Lodge Preservation Overlay (LP) Zone District.
A. Purpose.The purpose of the Lodge Preservation (LP) Overlay Zone District is to provide
for and protect small lodge uses on properties historically used for lodge accommodations,
to permit redevelopment of these properties to accommodate lodge and affordable housing
uses, to provide uses accessory and normally associated with lodge and affordable housing
development, to permit Short-term Rentals of residential units, to encourage development
which is compatible with the neighborhood and respective of the manner in which the
property has historically operated and to provide an incentive for upgrading existing
lodges on site or onto adjacent properties.
B. Permitted uses. The following uses are permitted as of right in the Lodge Preservation
(LP) Overlay Zone District:
1. The uses permitted in the underlying zone district.
2. Hotel or lodge.
3. Timeshare lodge.
4. Exempt timesharing.
5. Bed and breakfast.
6. Dormitory.
7. Offices and activities accessory to timeshare unit sales (see Chapter 26.590).
8. Conference facilities.
9. Uses associated with outdoor recreation facilities and events.
10. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
11. Storage accessory to a permitted use.
12. Affordable housing accessory to a lodging or timeshare operation and for employees
of the operation.
13. Affordable multi-family housing (as a single use)
14. Free-market multi-family housing.
15. Short-term Rentals. Pursuant to Section 26.530.
C. Conditional uses. The following uses are permitted in the Lodge Preservation (LP)
Overlay Zone District, subject to the standards and procedures established in Chapter
26.425 of this Code:
1. The uses allowed as conditional uses in the underlying zone district.
2. Restaurant.
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3. Lodge, Boutique.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established
for those uses in the underlying zone district. Where no specific dimensions have been
established for the use, the permitted dimensions shall be limited to that of a single-family
residence or multi-family residences where such uses are permitted in the underlying zone
district. Upon consideration of the neighborhood compatibility and the dimensional
requirements of surrounding zone districts, the dimensional requirements may be
established pursuant to Chapter 26.445 - Planned Development.
As part of the PD review, an adjustment of the "density standard" may be approved, and the
project shall remain qualified for the growth management incentives associated with this
standard. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per
600 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
The amount of associated free-market residential floor area to be included in a lodging project
shall be as defined in the Lodge (L) Zone District - Section 26.710.190.D.11.a.5.
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge Preservation Overlay (LP) zone district on January 1, 2015, is
subject to the provisions of Article XIII Section 13.14, Voter authorization of certain land
use approvals, of the City of Aspen Charter.
(Ord No. 39-1999, §6; Ord. No. 41-1999, §§8, 9; Ord. No. 21-2002, §§3, 5, 6 [part]; Ord. No.
9-2005, §4; Ord. No. 10, 2007, §4; Ord. No.34-2011, §20; Ord. No.20-2015, §10; Ord. No. 23
2017, §13)
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26.710.330 Ski Area Base (SKI).
A. Purpose. The purpose of the Ski Area Base (SKI) Zone District is to provide for areas
which allow for a mixture of uses related to ski area uses and operations including, skiing
and appurtenant uses and structures, ski area administrative offices, recreation,
lodge/hotel, retail, restaurant and bar uses, tourist-oriented service uses, residential uses,
and Short-term Rentals. It is intended that this Zone District will apply to areas located at
the base of ski areas and all development within this district will be master planned
through a planned development (PD) process.
B. Permitted uses. The following uses are permitted as of right in the Ski Area Base (SKI)
Zone District:
1. Alpine and Nordic ski areas, related uses and support facilities typically associated
with the uses and operations of ski areas.
2. Lodge units.
3. Hotel.
4. Multi-family dwellings – Free Market and Affordable.
5. Detached residential or duplex dwellings.
6. Dining rooms, customary accessory commercial uses, laundry and recreational
facilities located on the same site of and for guests of lodge units, hotels and dwelling
units.
7. Accessory residential dwellings restricted to Affordable Housing Guidelines and
Section 26.520.040.
8. Ski area administrative offices.
9. Restaurants and bars.
10. Special events associated with ski areas including such events as ski races, bicycle
races and concerts; with special event committee review.
11. Parks, outdoor recreational uses and trails.
12. Recreational facility.
13. Retail establishments.
14. Public transportation stop.
15. Terminal building and transportation related facilities.
16. Medical clinic accessory to the ski area.
17. Fire, police and emergency services facilities.
18. Accessory buildings and uses.
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19. Outdoor vendor carts or areas for food and beverages sales and preparation.
20. Timeshare lodge.
21. Exempt timesharing.
22. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the Ski Area
Base (SKI) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. Daycare center.
2. Offices, business.
3. Public and private surface and underground parking areas.
4. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops).
5. Post office substation.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Ski Area Base (SKI) Zone District shall be set by the
adoption of a final development plan, pursuant to Chapter 26.445, of planned
development.
E. Signs. Signs within the Ski Area Base (SKI) Zone District shall be subject to the
provisions of Chapter 26.510, Signs. A sign master plan may be approved in conjunction
with a PD review process allowing for the establishment of dimensional and quantity sign
standards for the PD.
(Ord. No. 35-2000, §1; Ord. No. 21-2002 §§5, 6 [part]; Ord. No.34-2011, §21)
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26.710.340 Essential Business Overlay (EBO) Zone District.
A. Purpose. The purpose of the Essential Business Overlay (EBO) Zone District is to encourage
businesses that accommodate the basic consumer needs of Aspen residents and visitors. The EBO provides
alternative use standards from the underlying zoning to allow redevelopment to create spaces useful to
locally serving, non-traditional or other uses not anticipated in the zoning code. The EBO also provides
opportunities for public-private partnerships, where agencies and developers partner to create useful, non-
traditional spaces, including live-work, business incubators and other mixed-use development models. This
zone is a voluntary overlay that may be applied to properties in the S/C/I and NC zones to enable quality
redevelopment and achieve desired use and design outcomes. The EBO is applied through the rezoning
process. Approval is contingent upon meeting the criteria in Section 26.310.
B. Permitted and conditional uses.
1. Permitted Uses: Those allowed in the underlying zone district. In addition, General Retail uses,
Service/Commercial/Industrial uses, Service uses, and farmer’s markets are permitted uses.
2. Conditional Uses: Those allowed as conditional uses in the underlying zone district, as well as
restaurant, bar, and entertainment uses for the SCI zone district.
3. Residential uses are not permitted in the EBO Zone, unless the uses are accessory to a commercial
use on the property or part of a live-work arrangement where the predominant uses on the site are
commercial, and the uses are approved as a condition of rezoning (see subsection C.2 below). The
EBO zone may not be applied to an existing residential use, unless the applicant for rezoning enters
into a binding commitment to demolish or redevelop the residential uses for a use permitted in the
EBO Zone, or the residential use is approved as part of the rezoning.
C. Dimensional requirements. The dimensional requirements for all uses in the Essential Business
Overlay (EBO) Zone District shall be the dimensional requirements established for those uses in the
underlying zone district, except as provided below.
1. The following dimensional standards apply:
Minimum Gross Lot Area (square feet):No requirement.
Minimum Net Lot Area per dwelling unit
(square feet):
No requirement.
Minimum lot width (feet): No requirement.
Minimum front yard setback (feet): No requirement.
Minimum side yard setback (feet): No requirement.
Minimum rear yard setback (feet): No requirement.
Minimum Utility/Trash/Recycle area:Pursuant to Chapter 12.06.
Maximum height:Limited to underlying zoning.
Minimum distance between buildings on the
lot (feet):
No requirement.
Pedestrian Amenity Space:Pursuant to Section 26.412.
Floor Area Ratio (FAR)Limited to underlying zoning.
Minimum Commercial FAR 1:1
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2. The applicant may apply for alternative dimensional requirements as a condition of rezoning,
taking into consideration neighborhood compatibility and the dimensional requirements of
surrounding zone districts. Under no circumstances shall the overall FAR allowed in the
underlying zone district be exceeded. In addition, no reductions in required mitigation may be
requested through the EBO rezoning.
D.Transportation and Parking Management. See Chapter 26.515, except that the maximum
spaces allowed (Section 26.515.040.E, Table 26.515-1) do not apply to the EBO district.
(Ord. No. 29, 2016, §6)
Section 12:
The Residential Demolition and Redevelopment Standards shall be adopted as follows:
Residential Demolition and Redevelopment Standards
Purpose: The City of Aspen has various sustainability, affordable housing, and construction policies and
goals to address impacts of construction and development. The Residential Demolition and Redevelopment
Standards seek to supplement existing policies in the Land Use Code, stated goals of the City of Aspen
City Council, and community goals as stated in the Aspen Area Community Plan to ensure residential
construction activity for single family and duplex residential development is meeting regulatory
requirements, community expectations, and resulting in high quality design.
Intent: The intent of the Residential Demolition and Redevelopment Standards is to ensure complex
projects with significant community, construction, and environmental impacts are designed in a manner
that mitigates those impacts. To ensure that projects reduce environmental impacts, energy consumption,
and carbon footprint. Single-family and duplex residential structures should be designed in a way that
exceeds industry standards in building performance. The design and ongoing operations of these structures
should reduce reliance on sources of energy that rely on fossil fuels, source sustainable materials, implement
smart technology to reduce operational energy demands, support the implementation of fully electric
heating and cooling systems, reduce the demands of luxury loads (including audio visual systems, lighting,
security systems, snowmelt, etc.), offset carbon or energy demands through onsite energy production,
reduce water consumption, and divert waste from the landfill by reusing and recycling materials. Where
no specific or applicable rules, regulations or standards appear to be set forth in the Residential Demolition
and Redevelopment Standards, or other rules, regulations, standards, guidelines, and recommended
practices, as published by professional associates, technical organizations, model code groups, and similar
entities, may be used by the City for guidance.
Adoption of Residential Demolition and Redevelopment Standards: Pursuant to the powers and
authority conferred by the Charter of the City, the City Council hereby adopts and incorporates by reference
redevelopment standards, hereinafter referred to as the Residential Demolition and Redevelopment
Performance Standards,which are incorporated by reference into the City of Aspen Land Use Code. The
Residential Demolition and Redevelopment Standards set forth the design parameters to ensure residential
redevelopment improves solid waste diversion, increases the energy efficiency of structures, and reduces
negative impacts of construction. The Residential Demolition and Redevelopment Standards may be
amended, updated, and expanded from time to time by City Council Resolution. The Residential Demolition
and Redevelopment Standards shall be available for public inspection at the Community Development
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Departments web page. Projects that are pursuing a Demolition Allotment as described in Section
26.470.090.C will be reviewed these standards.
(Ord. 13, Series of 2022).
Applicability: These Residential Demolition and Redevelopment Standards shall be used to evaluate
projects that trigger Demolition as defined by Section 26.104.100 and Section 26.580 of the Land Use Code.
These Residential Demolition and Redevelopment Standards shall be the basis for determining a projects
compliance with the review criteria for projects requesting a Demolition allotment pursuant to Land Use
Code Section 26.470.090.C. A project must meet the Residential Demolition and Redevelopment Standards
in effect at the time of building permit submission is deemed complete.
Review Authority: The Community Development and Engineering Departments, or designee, is
authorized to enforce the rules and regulations contained in the Residential Demolition and Redevelopment
Standards in order to carry out the intent of the standards and requirements of Municipal Code.
Exemptions: The Community Development Director may exempt the following development activities
from a portion or all of the requirements below:
1. The property is a Historically Designated landmark and compliance with some, or all, or the
requirement of these standard is not practical. If this is the case, at the discretion of the Community
Development Director, with a recommendation from the Historic Preservation Officer, some or all
requirements may be exempted from a project. The applicant must provide a report and summary
of whatrequirements can not be met, identify the specific constraint, and alternative design elements
that are proposed to offset the lack of compliance. Alternatives could include improved thermal
envelopes, energy efficient equipment, additional renewable energy offsets, etc.
2. Projects where 100% of the units are currently, or proposed to be, deed restricted with the Aspen
Pitkin County Housing Authority.
3. When a project proposes to demolish and revegetate a site, with no new development proposed, the
demolition of the structure is subject to waste diversion requirements, but any requirements
applicable to the new structure may be waived. An approved demolition and revegetation permit is
required. Upon redevelopment of the site with a new structure, the new structure will be subject to
the requirements of Section 26.580 and Section 26.470.090.C, as amended and subject to vesting
requirements of the code. All timing and code requirements will be memorialized as a condition of
approval.
Requirements: Projects that trigger Demolition and are seeking a Demolition Allotment pursuant to
Section 26.470.090.C must satisfy the following required Performance Elements prior to building permit
issuance and will be included as a condition of approval:
1.Waste Diversion: All projects are required to source separate non-hazardous waste materials and
divert a minimum of 35%, by weight, from the landfill. Materials may be salvaged or recycled to
meet the waste diversion requirements. This will be included as a condition of approval to be met
prior to building permit issuance and prior to final inspection, and shall be documented in the
Construction Management Plan.
A. Recyclable/diverted materials may include:
i. Asphalt,
ii. Clean concrete,
iii. Metals,
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iv. Wood,
v. Single stream recyclables,
vi. Gypsum board,
vii. Carpet.
*A final determination of actual recyclable materials will be based on the local recycling
facility capability.
B. A construction waste management plan may include salvage for resale, salvage and reuse
(on or off site), recycling, and disposal.
C. The project must track all waste materials by type through the WasteTracking (formerly
Green Halo) System. All waste must by quantified by weight or volume, but the same units
of measure must be used through the project.
D. All waste generated by the project that is to be included as diverted waste to meet the
minimum diversion requirements shall be recycled at the Pitkin County Landfill, or another
approved recycling facility as approved by the Construction Mitigation Officer.
E. A Waste Management Plan shall be included as part of the Construction Management Plan
to be approved prior to building permit issuance.
i. Waste reduction calculations, including anticipated rates for salvage, recycling, and
disposal as a percentage of total waste generated by the work, using the
WasteTracking system. The waste management plan must indicate anticipated types
and quantities of demolition and construction waste generated by the work, including
estimated quantities and assumptions.
ii. Plan implementation: The project must maintain logs of each load including:
1. Type of Load
2. Load weight
3. Name of hauling service
4. Landfill or recycling center
5. Date accepted by the recycling center or landfill
iii. A final waste diversion report shall be submitted as part of the Final Inspections for
the project prior to issuance of a Certificate of Occupancy.
1. The final waste diversion report shall include recycling and processing
facility records that indicate acceptance of recyclable waste by recycling and
processing facilities, and other records including sales and donations as
applicable and required to substantiate conformance with waste diversion
requirements.
2.Embodied Carbon: EPD Disclosure. Product-specific Type III EPDs shall be submitted for 50% of
steel and concrete. EPDs used for compliance with this section shall be certified as complying with
the goal and scope for the cradle-to-gate requirements in accordance with ISO Standards 14025 and
21930 and be available in a publicly accessible database.
3.Energy Reporting: All projects that trigger Demolition are subject to Section 8.60 – Building IQ of
the Aspen Municipal Code and shall follow the requirements for a “Non-City Covered Property.”
The Single-Family and Duplex structures subject to these Redevelopment Requirements shall
comply with the requirements of the Multi-Family Residential structures over 15,000 square feet.
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This will be included as a condition of approval. This requirement shall supersede the applicability
statements in Section 8.60.030 and the exceptions listed in Section 8.60.020.M.
4.Building Energy Performance:Projects are subject to the requirements of the Supplemental
Building Code requirements attached as Appendix A to the Residential Demolition and
Redevelopment Standards.
5.Engineering:In addition to compliance with all applicable requirements of the URMP, CMP, and
the Engineering Design Standards, the project shall meet the following requirement:
A. Runoff from 50% of the site impervious area shall be treated in above grade sustainable
BMPs such as bioretention areas, pervious pavers, tree canopy, grass buffer or other
approved above grade BMPs as outlined in the URMP. 50% of the site’s impervious area is
permitted to be treated in subsurface BMPs.
Alternative Compliance: A project may request variations from these standards if the Planning and Zoning
Commission makes a determination the project meets the review criteria for Special Review (Section
26.430.040.J).
Amendments: Any future amendments to the Residential Demolition and Redevelopment Standards shall
be made by City Council via Resolution.
Violations and Penalties: Any person violating any provision of these standards may be punished by a
fine, imprisonment or both a fine and imprisonment, as set forth in Section 1.04.080 of the City of Aspen
Municipal Code. Each day any violation of this Chapter shall continue shall constitute a separate offense.
Appendix A:
RESIDENTIAL DEMOLITION ALLOTMENT
MIXED FUEL LOW CARBON APPENDIX
Residential demolition allotment new one- and two-family dwellings shall comply with the 2015 Building Codes as adopted by
the City of Aspen with the following amendments. These amendments shall not apply to additions or renovations. This
document will be replaced by the 2021 Building Codes when and as adopted by the City of Aspen.
INTERNATIONAL ENERGY CONSERVATION CODE
SECTION C408
SYSTEM COMMISSIONING
241
C408.1 General. This section covers the commissioning of the building mechanical systems such as heating, cooling,
ventilation, and snowmelt in Section C403 and electrical power and lighting systems in Section C405.
C408.2 Mechanical systems and service water-heating systems commissioning and completion requirements.
Prior to the final mechanical and plumbing inspections, the registered design professional or approved agency shall provide
evidence of mechanical systems commissioning and completion in accordance with the provisions of this section.
Construction document notes shall clearly indicate provisions for commissioning and completion requirements in accordance
with this section and are permitted to refer to specifications for further requirements. Copies of all documentation shall be
given to the owner or owner’s authorized agent and made available to the code official upon request in accordance with
Sections C408.2.4 and C408.2.5.
Exceptions: The following systems are exempt:
1. Mechanical systems and service water heater systems in buildings where the total mechanical equipment
capacity is less than 480,000 Btu/h (140.7 kW) cooling capacity and 600,000 Btu/h (175.8 kW) combined service water-
heating and space-heating capacity.
2. Systems included in Section C403.3 that serve individual dwelling units and sleeping units.
R202 Definitions
APPLIANCE. A device or apparatus that is manufactured and designed to utilize energy and for which this code provides
specific requirements.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, service water heating, cooking, clothes
drying, or lighting that uses fuel gas or fuel oil.
ELECTRIC VEHICLE (EV).An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks,
vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motor that draws
current from a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current. Plug-in
hybrid electric vehicles are electric vehicles having a second source of motive power. Off-road, self propelled electric mobile
equipment, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats and the
like, are not considered electric vehicles.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE).The conductors, including the ungrounded, grounded, and
equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power
outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric
vehicle.
EQUIPMENT. Piping, ducts, vents, control devices and other components of systems other than appliances that are
permanently installed and integrated to provide control of environmental conditions for buildings. This definition shall also
include other systems specifically regulated in this code.
EV-READY SPACE. A parking space that is provided with an electrical circuit capable of supporting an installed EVSE.
SOLAR-READY ZONE.A section or sections of the roof or building overhang designated and reserved for the future
installation of a solar photovoltaic or solar thermal system.
R401.2 Compliance. New projects shall comply with R401 through R404.
TABLE R402.1.2
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT
CLIMATE
ZONE
FENESTRATION
U-FACTORb, i
SKYLIGHTb
U-FACTOR
GLAZED
FENESTRATION
SHGCb, e
CEILING
R-VALUE
WOOD
FRAME
WALL
R-VALUEg
MASS
WALL
R-VALUEh
FLOOR
R-VALUE
BASEMENTc,g
WALL
R-VALUE
SLABd
R-VALUE
& DEPTH
CRAWL
SPACEc,g
WALL
R-VALUE
7 0.28 0.22 0.55
0.44
NR 49
60
20 + 5cior
13 + 10ci
34+12ci or
20 + 20ci
or
13 + 25ci
or
0+35ci
19/21
25ci
38 15ci or 19 or
13 + 5ci
20ci or 5 +
15ci or 13
+ 10ci
10ci, 4 ft 15ci or 19
or 13 +
5ci
20ci or 5
+ 15ci or
13 + 10ci
d.R-5 shall be added to the required slab edge R-values for heated slabs. Insulation depth shall be the depth of the footing or 2 feet, whichever
is less in Climate Zones 1 through 3 for heated slabs. R-10 insulation shall be provided under the full slab area of a heated slab in addition to
therequiredslab edgeinsulation R-valueforslabs.asindicatedinthe table. Slab edge insulation shall be installed to separate conditioned from
unconditioned spaces including adjacent garages, entries, and porches.The slab-edge insulation for heated slabs shall not be required to extend
below the slab.
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TABLE R402.1.4
EQUIVALENT U-FACTORSa
d.Ceilings with
attics may use an
equivalent U-
factor of 0.024.
R402.1.5 “Total UA Alternative”
a.If the total building thermal envelope UA (sum of U-factor times assembly area) is less than or equal to the total UA
resulting from using the U-factors in Table R402.1.4, as amended, (multiplied by the same assembly area as in the
proposed building), the building shall be considered in compliance with amended Table R402.1.2. The UA calculation
shall be done using a method consistent with the ASHRAE Handbook of Fundamentals and shall include the thermal
bridging effects of framing materials. The SHGC requirements shall be met in addition to UA compliance.
b.If using REScheck software to show compliance with this alternative path for the 2015 edition of the code, the
proposed design must be a minimum of 2% 30% more efficient than the standard reference design in order to
accommodate the amended prescriptive Fenestration U-factor.
R402.3.6 Maximum area. The vertical fenestration area, not including opaque doors and opaque spandrel panels, shall be not
greater than 20 percent of the gross above grade wall area. The skylight area shall be not greater than 3 percent of the gross
roof area.
R402.4.1.2 Testing. The building or dwelling unit shall be tested for air leakage. The maximum air leakage rate for any
building or dwelling unit shall not exceed 1.5 air changes per hour. Testing shall be conducted in accordance with
ANSI/RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pascals). Where
required by the code official, testing shall be conducted by an approved third party. A written report of the results of the test
shall be signed by the party conducting the test and provided to the code official. Testing shall be performed at any time after
creation of all penetrations of the building thermal envelope have been sealed.
R403.5 Service hot water systems. Energy conservation measures for service hot water systems shall be in accordance with
Sections R403.5.1 and R403.5.4 through R403.5.5.
R403.5.5 Combustion service hot water heating. Combustion equipment may not be used for service hot water heating
unless the following conditions are met.
1.The service hot water system shall comply with the provisions of C408, and
2.Each piece of equipment shall be provided with the following:
a.A condensate drain that is no more than 2 inches higher than the base of the installed water heater and
allows natural draining without pump assistance shall be installed within 3 feet of the water heater.
b.A dedicated, appropriately phased branch circuit(s) that shall have a minimum amperage requirement
for comparable heat pump(s) and , if specified in the design, supplemental electric resistance heat
service water heating capacity and recovery, terminating within 3 feet of the water heater with no
obstructions. Both ends of the branch circuit(s) shall be labeled with the words "For Future Electric
Service Water Heating" and be electrically isolated.
c.The equipment shall be installed in a space sized to fit future equivalent electric heat pump(s) and, if
specified in the design, supplemental electric resistance heat water heating equipment or a minimum 3
feet by 3 feet by 7 feet high (per heat pump), whichever is larger.
d.Water heaters shall be installed in a space with a minimum volume of 700 cubic feet or with the
equivalent of one 16-inch by 24-inch grill to a heated space and one 8-inch duct of no more than 10 feet
in length for cool exhaust air.
R403.6.2 Heat or energy recovery ventilation. Dwelling units shall be provided with a heat recovery (HRV) or energy
recovery (ERV) ventilation system. The system shall be balanced to within 10% of the average supply and exhaust rates.
Minimum HRV and ERV requirements, measured at the lowest tested net supply airflow, shall be greater than or equal to 65
percent Sensible Recovery Efficiency (SRE), a minimum 1.2 cubic feet per minute per watt determined at a static pressure of
not less than 0.2 inch w.c. (49.85 Pa), and shall not use recirculation as a defrost strategy.
R403.9 Snow and ice melt systems Snow- andice- melting systems shall comply with R403.9.1 through R403.9.3.
CLIMATE
ZONE
FENESTRATION
U-FACTORf
SKYLIGHT
U-FACTOR
CEILING
U-FACTOR
WOOD
FRAME
WALL
U-FACTOR
MASSWALL
U-FACTORb
FLOOR
U-FACTOR
BASEMENT
WALL
U-FACTOR
CRAWL
SPACE
WALL
U-FACTOR
7 0.28 0.22 0.55
0.44
0.026
0.018d
0.045
0.026
0.057
0.036
0.028 0.050
0.044
0.055
0.044
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R403.9.1 Efficiency.Combustion equipment may not be used for snow and ice melt systems unless the following
conditions are met.
1.The snowmelt system shall comply with the provisions of C408, and
2.Each piece of equipment shall be provided with the following:
a.A condensate drain located within 3 feet, and
b.A dedicated, appropriately phased branch circuit(s) that shall have a minimum amperage requirement
for a comparable electric hydronic snowmelt system sized in accordance with NEC 440.4(B) and
440.35, and terminating within 3 feet of the heating equipment with no obstructions. Both ends of the
branch circuit shall be labeled “For Future Electric Snowmelting” and be electrically isolated.
R403.9.2 Controls. Systems shall include automatic controls capable of shutting configured to shut off the system when
the pavement temperature of the snowmelted surface is greater than 5040°F (10°C) and precipitation is not falling, and an
automatic or manual control that will allow shutoff when the outdoor temperature is greater than 40°F (4.8°C).
R403.9.3 Snow Melt Slab Insulation. R-10 insulation shall be installed under the snow melted surface.
R403.10 Pools and permanent spa energy consumption (Mandatory). The energy consumption of pools and permanent
spas shall be in accordance with Sections R403.10.1 through R403.10.3.
R403.10.1 Heaters.The electric power to heaters shall be controlled by an on-off switch that is an integral part of the
heater mounted on the exterior of the heater in a location with ready access, or external to and within 3 feet (914 mm) of
the heater. Operation of such switch shall not change the setting of the heater thermostat. Such switches shall be in
addition to a circuit breaker for the power to the heater. Gas-fired heaters shall not be equipped with continuously burning
ignition pilots. Combustion equipment may not be used for pool or spa heating unless the following conditions are met:
1.Heaters shall not be equipped with continuously burning ignition pilots,
2.Each piece of combustion equipment shall be provided with the following:
a.A condensate drain located within 3 feet, and
b.A dedicated, appropriately phased branch circuit that shall have a minimum amperage requirement for a
comparable electric heater, sized in accordance with NEC 440.4(B) and 440.35, terminating within 3 feet
of the heating equipment with no obstructions. Both ends of the branch circuit shall be labeled “For
Future Electric Pool Heating” and be electrically isolated.
R403.13 Heating outside a building.Systems installed to provide heat outside a building shall be electric radiant
systems. Such heating systems shall be controlled by an occupancy sensing device or a timer switch, so that thesystem
is automatically de-energized when occupants are not present.
R403.14 Combustion space heating.Combustion equipment may not be used for primary space heating unless the following
conditions are met:.
1.The space heating system(s) shall comply with the provisions of C408, and
2.Each piece of equipment shall be provided with the following:
a.A condensate drain located within 3 feet, and
b.A dedicated, appropriately phased branch circuit(s) that shall have a minimum amperage requirement for
a comparable electric heat pump and, if specified in the design, electric resistance supplemental heat
sized in accordance with NEC 440.4(B) and 440.35, and terminating within 3 feet of the heating
equipment with no obstructions. Both ends of the branch circuit(s) shall be labeled “For Future Electric
Space Heating” and be electrically isolated.
Exception:
1.Where an electrical circuit in compliance with NEC 440.4(B) and 440.35 exists for
space cooling equipment.
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R404.1 Lighting equipment. Not less than 75 percent of the lamps in permanently installed lighting fixtures shall be high-
efficacy lamps or not less than 75 percent of the permanently installed lighting fixtures shall contain only high-efficacy lamps.
All permanently installed lighting fixtures, excluding kitchen appliance lighting fixtures, shall contain only high-efficacy
lighting sources.
R404.1.1 Lighting equipment (Mandatory). Fuel gas lighting systems shall not have continuously burning pilot lights be
permitted.
R404.2 Renewable energy infrastructure. Buildings shall comply with Sections R404.4.1 through R404.4.7.
Exceptions:
1.A building with a permanently installed on-site renewable energy system.
2.A building with less than 600 square feet (55 m2) of roof area oriented between 110 degrees and 270 degrees of
true north.
3.A building where all areas of the roof that would otherwise meet the requirements for a solar-ready zone are in full
or partial shade for more than 70 percent of daylight hours annually.
R404.2.1 Solar-ready zone area.The total area of the solar-ready zone shall not be less than 300 square feet and shall be
composed of areas not less than 5.5 feet in width and not less than 80 square feet exclusive of access or set back areas as
required by the International Fire Code.
R404.2.2 Obstructions.Solar-ready zones shall be free from obstructions, including but not limited to vents, chimneys, and
roof-mounted equipment.
R404.2.3 Shading. The solar-ready zone shall be set back from any existing or new permanently affixed object on
the building or site that is located south, east or west of the solar zone a distance not less than two times the object’s
height above the nearest point on the roof surface. Such objects include, but are not limited to, taller portions of the
building itself, parapets, chimneys, antennas, signage, rooftop equipment, trees and roof plantings.
R404.2.4 Roof load documentation. The structural design loads for roof dead load and roof live load shall be
clearly indicated on the construction documents.
R404.2.5 Electrical service reserved space.The main electrical service panel shall have a reserved space to allow installation
of a dual pole circuit breaker for future solar electric installation and shall be labeled “For Future Solar Electric.” The reserved
space shall be positioned at the opposite (load) end from the input feeder location or main circuit location.
R404.2.6 Electrical interconnection. An electrical junction box shall be installed within 24 inches of the main electrical
service panel and shall be connected to a capped roof penetration sleeve or a location in the attic that is within 3 feet (914 mm)
of the solar ready zone by one of the following:
1.Installed conduit with pull string sized to accommodate future renewable energy infrastructure requirements.
2.Minimum #10 Metal copper 3-wire
Where the interconnection terminates in the attic, location shall be no less than 12” (35 mm) above ceiling insulation. Both
ends of the interconnection shall be labeled “For Future Solar Electric”.
R404.2.7 Construction documentation certificate. A permanent certificate, indicating the solar-ready zone and
other requirements of this section, shall be posted near the electrical distribution panel, water heater or other
conspicuous location by the builder or registered design professional.
R404.3 Electric vehicle charging infrastructure. Buildings with a dedicated attached or detached garage or with on-site
parking spaces shall be provided with one EV-ready space dwelling unit. The branch circuit shall meet the following
requirements:
1.A minimum capacity of 9.6 kVA
2.Terminates at a junction box or receptacle located within 3 feet (914 mm) of the parking space and labelled “For
electric vehicle charging”, and
245
3.The electrical panel directory shall designate the branch circuit as “For electric vehicle charging”.
R404.4 Energy storage infrastructure.Each building site shall have a dedicated location for the installation of future on-site
energy storage in accordance with the following:
1.Dedicated floor area not less than 2 feet in one dimension and 4 feet in another dimension and located in accordance
with Section 1207 of the 2021 International Fire Code and Section 110.26 of the NFPA 70.
2.The main electrical service panel shall have a reserved space to allow installation of a two-pole circuit breaker for
future electrical energy storage system installation. This space shall be labeled “For Future Electric Storage.” The
reserved spaces shall be positioned at the end of the panel that is opposite from the panel supply conductor
connection.
3.Installed conduit with pull string sized to accommodate future energy storage electrical requirements.
Exception:Where an onsite electrical energy system storage system is installed.
R404.5 Additional electric ready infrastructure.Combustion equipment shall be installed in accordance with this section.
R404.5.1 Combustion clothes drying.A dedicated 240-volt branch circuit with a minimum capacity of 30 amps shall
terminate within 6 feet (1829 mm) of natural gas clothes dryers and shall be accessible with no obstructions. Both ends of the
branch circuit shall be labeled with the words “For Future Electric Clothes Drying” and be electrically isolated.
R404.5.2 Combustion cooking.A dedicated 240-Volt, 40A branch circuit shall terminate within 6 feet (1829 mm) of natural
gas cooking equipment and appliances and be accessible with no obstructions. Both ends of the branch circuit shall be labeled
with the words “For Future Electric Range” and be electrically isolated.
R404.5.3 Other combustion equipment.Combustion equipment and end-uses not covered by Sections R404.6.2-5 shall be
provided with a branch circuit sized for an electric appliance, equipment or end use with an equivalent capacity that terminates
within 6 feet (1829 mm) of the appliance or equipment. Both ends of the branch circuit shall be labeled with the words “For
Future Electrification” and be electrically isolated.
INTERNATIONAL FUEL GAS CODE
Section 301.2.1 Appliance Controls. Fuel burning appliances, such as fireplaces and firepits, used for purposes other than
space conditioning, water heating, snow melting, and cooking shall be controlled by an occupancy sensing device or a timer
switch, so that the appliance shuts off when occupants are not present or within an hour of being turned on.
Exception: A manual override switch may be provided that, when initiated, shall permit the controlled appliance to remain
on for not more than 2 hours.
INTERNATIONAL RESIDENTIAL CODE
Section R313 Automatic fire sprinkler systems. (reference Chapter 9 of the Fire Code with the exception of R313.2 as
amended herein:)
R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be
installed in one- and two-family dwellings.
R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in
accordance with Section P2904 or NFPA 13D.
Chapter 8.49
INTERNATIONAL WILDLAND-URBAN INTERFACE CODE
Sec. 8.49.010. Adoption of the 2021 Edition of the International Wildland-Urban Interface Code.
Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City, there is hereby adopted and
incorporated herein by reference as if fully set forth those regulations contained in the International Wildland-Urban Interface
Code, 2021 Edition, and all errata as published by the International Code Council, 4051 West Flossmoor Road, Country Club
Hills, Illinois, 60478-5795, except as otherwise provided by amendment or deletion as contained in Section 8.49.020 of this
Chapter. At least one (1) copy of the International Wildland-Urban Interface Code shall be available for inspection during
regular business hours.
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Sec. 8.49.020. Amendments.
The International Wildland-Urban Interface Code, 2021 Edition, as adopted by the City at Section 8.49.010, is hereby amended
to provide and read as follows:
(a) Section [A]101.1 Title. These regulations shall be known as the International Wildland-Urban Interface Code of City of
Aspen hereinafter referred to as “this code.”
(Delete in entirety with the exception of Section 505 as amended below and associated references.)
SECTION 505
CLASS 2 IGNITION-RESISTANT CONSTRUCTION
503.2 Ignition-resistant building material. Ignition-resistant building materials shall comply with any one of the following:
1.Material shall be tested on all sides with the extended ASTM E84 (UL 723) test or ASTM E2768, except panel
products shall be permitted to test only the front and back faces. Panel products shall be tested with a ripped or cut
longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test procedures set forth in
ASTM E84 or UL 723 for a test period of 30 minutes, or with ASTM E2768, comply with the following: 1.1. Flame
spread. Material shall exhibit a flame spread index not exceeding 25 and shall not show evidence of progressive
combustion following the extended 30-minute test.
1.2 Flame front. Material shall exhibit a flame front that does not progress more than 101/2 feet (3200 mm) beyond the
centerline of the burner at any time during the extended 30-minute test.
1.3. Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section
under conditions of use. Materials shall meet the performance requirements for weathering (including exposure to
temperature, moisture and ultraviolet radiation) contained in the following standards, as applicable to the materials
and the conditions of use:
1.3.1. Method A “Test Method for Accelerated Weathering of Fire-Retardant-Treated Wood for Fire
Testing” in ASTM D2898, for fire-retardant treated wood, wood-plastic composite and plastic lumber
materials.
1.3.2. ASTM D7032 for wood-plastic composite materials.
1.3.3. ASTM D6662 for plastic lumber materials.
1.4 Identification. Materials shall bear identification showing the fire test results.
Exception: Materials composed of a combustible core and a noncombustible exterior covering made from either
aluminum at a minimum 0.019 inch (0.48 mm) thickness or corrosion-resistant steel at a minimum 0.0149 inch (0.38 mm)
thickness shall not be required to be tested with a ripped or cut longitudinal gap.
2.Noncombustible material. Material that complies with the requirements for noncombustible materials in Section 202.
3.Fire-retardant-treated wood. Fire-retardant-treated wood identified for exterior use and meeting the requirements of
Section 2303.2 of the International Building Code.
4.Fire-retardant-treated wood roof coverings. Roof assemblies containing fire-retardant-treated wood shingles and
shakes that comply with the requirements of Section 1505.6 of the International Building Code and classified as Class
A roof assemblies as required in Section 1505.2 of the International Building Code.
505.1 General. Buildings shall be of Class 2 ignition-resistant construction shall be in accordance with Sections 505.2 through
505.11.
505.2 Roof assembly. Roofs shall have a roof assembly that complies with not less than a Class A rating when tested in
accordance with ASTM E108 or UL 790, or an approved noncombustible roof covering. For roof assemblies where the profile
allows a space between the roof covering and roof deck, the space at the eave ends shall be firestopped to preclude entry of
flames or embers, or have one layer of cap sheet complying with ASTM D3909 installed over the combustible roof deck.
505.2.1 Roof valleys.Where provided, valley flashings shall be not less than 0.019-inch (0.48 mm) (No. 26 galvanized sheet
gage) corrosion-resistant metal installed over a minimum 36-inch-wide (914 mm) underlayment consisting of one layer of 72-
pound (32.4 kg) mineral-surfaced, nonperforated cap sheet complying with ASTM D3909 running the full length of the valley.
505.3 Protection of eaves. Combustible eaves, fascias and soffits shall be enclosed with solid materials with a minimum
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thickness of 3/4 inch (19 mm). Exposed rafter tails shall not be permitted unless constructed of heavy timber materials.
505.4 Gutters and downspouts.Gutters and downspouts shall be constructed of noncombustible material. Gutters shall be
provided with an approved means to prevent the accumulation of leaves and debris in the gutter.
505.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with one of the following methods:
1. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side.
2. Approved noncombustible materials.
3. Heavy timber or log wall construction.
4. Fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use
and meet the requirements of Section 2303.2 of the International Building Code.
5. Ignition-resistant materials on the exterior side.
Such material shall extend from the top of the foundation to the underside of the roof sheathing.
505.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground, with exterior walls
in accordance with Section 505.5.
Exception:Complete enclosure shall not be required where the underside of exposed floors and exposed structural columns,
beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy timber
construction or fire-retardant-treated wood. The fire-retardant-treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2 of the International Building Code.
505.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and
projections, such as decks, shall be not less than 1-hour fire-resistance-rated construction, heavy timber construction or
constructed of one of the following:
1. Approved noncombustible materials.
2. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the
International Building Code.
3. Ignition-resistant building materials in accordance with Section 503.2.
Exception: Coated materials shall not be used as the walking surface of decks.
505.7.1 Underfloor areas. Where the attached structure is located and constructed so that the structure or any portion thereof
projects over a descending slope surface greater than 10 percent, the area below the structure shall have underfloor areas
enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 505.5.
505.8 Exterior glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights
shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less than 20 minutes.
505.9 Exterior doors. Exterior doors shall be approved non-combustible construction, solid core wood not less than 1 3/4
inches thick (45 mm), or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors
shall be in accordance with Section 505.8.
Exception:Vehicle access doors.
505.10 Vents.Attic ventilation openings, foundation or underfloor vents or other ventilation openings in vertical exterior
walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be covered with
noncombustible corrosion-resistant mesh with openings not to exceed 1/4 inch (6.4 mm) or shall be designed and approved to
prevent flame or ember penetration into the structure.
505.10.1 Vent locations. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves,
or in other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines.
Underfloor ventilation openings shall be located as close to
505.11 Detached accessory structures. Detached accessory structures located less than 50 feet (15 240 mm) from a building
containing habitable space shall have exterior walls constructed with materials approved for not less than 1-hour fire-
resistance-rated construction, heavy timber, log wall construction, or constructed with approved noncombustible materials or
fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2 of the International Building Code.
505.11.1 Underfloor areas. Where the detached accessory structure is located and constructed so that the structure or any
portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have
underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with
Section 505.5 or underfloor protection in accordance with Section 505.6.
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Exception:The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams
and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy-timber
construction or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior
use and meet the requirements of Section 2303.2 of the International Building Code.
Section 13:
Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled
subsections or titles, may be corrected administratively following adoption of the Ordinance.
Section 14:
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 resolutions or ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior resolutions or ordinances.
Section 15:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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:
A publichearing on this ordinance was held on the 28th day of June 2022, 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 shall be published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED AND READ,as provided by law, by the City Council of the City of Aspen on the 14th day
of June 2022.
ATTEST:
____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY,adopted, passed and approved this 28th day of June 2022.
ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
APPROVED AS TO FORM:
_____________________________
James R. True, City Attorney
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FINALLY,adopted, passed and approved this ___ day of __________, 2022.
_______________________________
Torre, Mayor
ATTEST:APPROVED AS TO FORM:
_____________________________________________________________
Nicole Henning, City Clerk James R. True, City Attorney
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Residential Demolition and Redevelopment Standards
Purpose: The City of Aspen has various sustainability, affordable housing, and construction
policies and goals to address impacts of construction and development. The Residential Demolition
and Redevelopment Standards seek to supplement existing policies in the Land Use Code, stated
goals of the City of Aspen City Council, and community goals as stated in the Aspen Area
Community Plan to ensure residential construction activity for single family and duplex residential
development is meeting regulatory requirements, community expectations, and resulting in high
quality design.
Intent: The intent of the Residential Demolition and Redevelopment Standards is to ensure
complex projects with significant community, construction, and environmental impacts are
designed in a manner that mitigates those impacts. To ensure that projects reduce environmental
impacts, energy consumption, and carbon footprint. Single-family and duplex residential
structures should be designed in a way that exceeds industry standards in building performance.
The design and ongoing operations of these structures should reduce reliance on sources of energy
that rely on fossil fuels, source sustainable materials, implement smart technology to reduce
operational energy demands, support the implementation of fully electric heating and cooling
systems, reduce the demands of luxury loads (including audio visual systems, lighting, security
systems, snowmelt, etc.), offset carbon or energy demands through onsite energy production,
reduce water consumption, and divert waste from the landfill by reusing and recycling materials.
Where no specific or applicable rules, regulations or standards appear to be set forth in the
Residential Demolition and Redevelopment Standards, or other rules, regulations, standards,
guidelines, and recommended practices, as published by professional associates, technical
organizations, model code groups, and similar entities, may be used by the City for guidance.
Adoption of Residential Demolition and Redevelopment Standards: Pursuant to the powers
and authority conferred by the Charter of the City, the City Council hereby adopts and incorporates
by reference redevelopment standards, hereinafter referred to as the Residential Demolition and
Redevelopment Performance Standards, which are incorporated by reference into the City of
Aspen Land Use Code. The Residential Demolition and Redevelopment Standards set forth the
design parameters to ensure residential redevelopment improves solid waste diversion, increases
the energy efficiency of structures, and reduces negative impacts of construction. The Residential
Demolition and Redevelopment Standards may be amended, updated, and expanded from time to
time by City Council Resolution. The Residential Demolition and Redevelopment Standards shall
be available for public inspection at the Community Development Departments web page.
Projects that are pursuing a Demolition Allotment as described in Section 26.470.090.C will be
reviewed these standards.
(Ord. 13, Series of 2022).
Applicability: These Residential Demolition and Redevelopment Standards shall be used to
evaluate projects that trigger Demolition as defined by Section 26.104.100 and Section 26.580 of
the Land Use Code. These Residential Demolition and Redevelopment Standards shall be the basis
for determining a projects compliance with the review criteria for projects requesting a Demolition
allotment pursuant to Land Use Code Section 26.470.090.C. A project must meet the Residential
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Demolition and Redevelopment Standards in effect at the time of building permit submission is
deemed complete.
Review Authority: The Community Development and Engineering Departments, or designee, is
authorized to enforce the rules and regulations contained in the Residential Demolition and
Redevelopment Standards in order to carry out the intent of the standards and requirements of
Municipal Code.
Exemptions: The Community Development Director may exempt the following development
activities from a portion or all of the requirements below:
1. The property is a Historically Designated landmark and compliance with some, or all, or
the requirement of these standard is not practical. If this is the case, at the discretion of the
Community Development Director, with a recommendation from the Historic Preservation
Officer, some or all requirements may be exempted from a project. The applicant must
provide a report and summary of what requirements can not be met, identify the specific
constraint, and alternative design elements that are proposed to offset the lack of
compliance. Alternatives could include improved thermal envelopes, energy efficient
equipment, additional renewable energy offsets, etc.
2. Projects where 100% of the units are currently, or proposed to be, deed restricted with the
Aspen Pitkin County Housing Authority.
3. When a project proposes to demolish and revegetate a site, with no new development
proposed, the demolition of the structure is subject to waste diversion requirements, but
any requirements applicable to the new structure may be waived. An approved demolition
and revegetation permit is required. Upon redevelopment of the site with a new structure,
the new structure will be subject to the requirements of Section 26.580 and Section
26.470.090.C, as amended and subject to vesting requirements of the code. All timing and
code requirements will be memorialized as a condition of approval.
Requirements: Projects that trigger Demolition and are seeking a Demolition Allotment pursuant
to Section 26.470.090.C must satisfy the following required Performance Elements prior to
building permit issuance and will be included as a condition of approval:
1. Waste Diversion: All projects are required to source separate non-hazardous waste
materials and divert a minimum of 35%, by weight, from the landfill. Materials may be
salvaged or recycled to meet the waste diversion requirements. This will be included as a
condition of approval to be met prior to building permit issuance and prior to final
inspection, and shall be documented in the Construction Management Plan.
A. Recyclable/diverted materials may include:
i. Asphalt,
ii. Clean concrete,
iii. Metals,
iv. Wood,
v. Single stream recyclables,
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vi. Gypsum board,
vii. Carpet.
*A final determination of actual recyclable materials will be based on the local
recycling facility capability.
B. A construction waste management plan may include salvage for resale, salvage and
reuse (on or off site), recycling, and disposal.
C. The project must track all waste materials by type through the WasteTracking
(formerly Green Halo) System. All waste must by quantified by weight or volume,
but the same units of measure must be used through the project.
D. All waste generated by the project that is to be included as diverted waste to meet
the minimum diversion requirements shall be recycled at the Pitkin County
Landfill, or another approved recycling facility as approved by the Construction
Mitigation Officer.
E. A Waste Management Plan shall be included as part of the Construction
Management Plan to be approved prior to building permit issuance.
i. Waste reduction calculations, including anticipated rates for salvage,
recycling, and disposal as a percentage of total waste generated by the work,
using the WasteTracking system. The waste management plan must indicate
anticipated types and quantities of demolition and construction waste
generated by the work, including estimated quantities and assumptions.
ii. Plan implementation: The project must maintain logs of each load
including:
1. Type of Load
2. Load weight
3. Name of hauling service
4. Landfill or recycling center
5. Date accepted by the recycling center or landfill
iii. A final waste diversion report shall be submitted as part of the Final
Inspections for the project prior to issuance of a Certificate of Occupancy.
1. The final waste diversion report shall include recycling and
processing facility records that indicate acceptance of recyclable
waste by recycling and processing facilities, and other records
including sales and donations as applicable and required to
substantiate conformance with waste diversion requirements.
2. Embodied Carbon: EPD Disclosure. Product-specific Type III EPDs shall be submitted
for 50% of steel and concrete. EPDs used for compliance with this section shall be
certified as complying with the goal and scope for the cradle-to-gate requirements in
accordance with ISO Standards 14025 and 21930 and be available in a publicly accessible
database.
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3. Energy Reporting: All projects that trigger Demolition are subject to Section 8.60 –
Building IQ of the Aspen Municipal Code and shall follow the requirements for a “Non-
City Covered Property.” The Single-Family and Duplex structures subject to these
Redevelopment Requirements shall comply with the requirements of the Multi-Family
Residential structures over 15,000 square feet. This will be included as a condition of
approval. This requirement shall supersede the applicability statements in Section 8.60.030
and the exceptions listed in Section 8.60.020.M.
4. Building Energy Performance: Projects are subject to the requirements of the
Supplemental Building Code requirements attached as Appendix A to the Residential
Demolition and Redevelopment Standards.
5. Engineering: In addition to compliance with all applicable requirements of the URMP,
CMP, and the Engineering Design Standards, the project shall meet the following
requirement:
A. Runoff from 50% of the site impervious area shall be treated in above grade
sustainable BMPs such as bioretention areas, pervious pavers, tree canopy, grass
buffer or other approved above grade BMPs as outlined in the URMP. 50% of the
site’s impervious area is permitted to be treated in subsurface BMPs.
Alternative Compliance: A project may request variations from these standards if the Planning
and Zoning Commission makes a determination the project meets the review criteria for Special
Review (Section 26.430.040.J).
Amendments: Any future amendments to the Residential Demolition and Redevelopment
Standards shall be made by City Council via Resolution.
Violations and Penalties: Any person violating any provision of these standards may be punished
by a fine, imprisonment or both a fine and imprisonment, as set forth in Section 1.04.080 of the
City of Aspen Municipal Code. Each day any violation of this Chapter shall continue shall
constitute a separate offense.
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Appendix A:
RESIDENTIAL DEMOLITION ALLOTMENT
MIXED FUEL LOW CARBON APPENDIX
Residential demolition allotment new one- and two-family dwellings shall comply with the 2015 Building Codes as
adopted by the City of Aspen with the following amendments. These amendments shall not apply to additions or
renovations. This document will be replaced by the 2021 Building Codes when and as adopted by the City of Aspen.
INTERNATIONAL ENERGY CONSERVATION CODE
SECTION C408
SYSTEM COMMISSIONING
C408.1 General. This section covers the commissioning of the building mechanical systems such as heating,
cooling, ventilation, and snowmelt in Section C403 and electrical power and lighting systems in Section C405 .
C408.2 Mechanical systems and service water-heating systems commissioning and completion requirements.
Prior to the final mechanical and plumbing inspections, the registered design professional or approved agency shall
provide evidence of mechanical systems commissioning and completion in accordance with the provisions of this
section.
Construction document notes shall clearly indicate provisions for commissioning and completion requirements in
accordance with this section and are permitted to refer to specifications for further requirements. Copies of all
documentation shall be given to the owner or owner’s authorized agent and made available to the code official upon
request in accordance with Sections C408.2.4 and C408.2.5.
Exceptions: The following systems are exempt:
1. Mechanical systems and service water heater systems in buildings where the total mechanical equipment
capacity is less than 480,000 Btu/h (140.7 kW) cooling capacity and 600,000 Btu/h (175.8 kW) combined service
water-heating and space-heating capacity.
2. Systems included in Section C403.3 that serve individual dwelling units and sleeping units.
R202 Definitions
APPLIANCE. A device or apparatus that is manufactured and designed to uti lize energy and for which this code
provides specific requirements.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, service water heating,
cooking, clothes drying, or lighting that uses fuel gas or fuel oil.
ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses,
trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric
motor that draws current from a rechargeable storage ba ttery, a fuel cell, a photovoltaic array, or another source of
electric current. Plug-in hybrid electric vehicles are electric vehicles having a second source of motive power. Off -
road, self propelled electric mobile equipment, such as industrial trucks, h oists, lifts, transports, golf carts, airline
ground support equipment, tractors, boats and the like, are not considered electric vehicles.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded,
and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the
premises wiring and the electric vehicle.
EQUIPMENT. Piping, ducts, vents, control devices and other components of systems other than appliances that are
permanently installed and integrated to provide control of environmental conditions for buildings. This definition
shall also include other systems specifically regulated in this code.
EV-READY SPACE. A parking space that is provided with an electrical circuit capable of supporting an installed
EVSE.
SOLAR-READY ZONE. A section or sections of the roof or building overhang designated and reserved for the
future installation of a solar photovoltaic or solar thermal system.
R401.2 Compliance. New projects shall comply with R401 through R404.
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TABLE R402.1.2
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT
CLIMATE
ZONE
FENESTRATION
U-FACTORb, i
SKYLIGHTb
U-FACTOR
GLAZED
FENESTRATION
SHGCb, e
CEILING
R-VALUE
WOOD
FRAME
WALL
R-VALUEg
MASS
WALL
R-VALUEh
FLOOR
R-VALUE
BASEMENTc,g
WALL
R-VALUE
SLABd
R-VALUE
& DEPTH
CRAWL
SPACEc,g
WALL
R-VALUE
7
0.28 0.22
0.55
0.44
NR
49
60
20 + 5ci or
13 + 10ci
34+12ci or
20 + 20ci
or
13 + 25ci
or
0+35ci
19/21
25ci
38 15ci or 19 or
13 + 5ci
20ci or 5 +
15ci or 13
+ 10ci
10ci, 4 ft 15ci or 19
or 13 +
5ci
20ci or 5
+ 15ci or
13 + 10ci
d. R-5 shall be added to the required slab edge R-values for heated slabs. Insulation depth shall be the depth of the footing or 2
feet, whichever is less in Climate Zones 1 through 3 for heated slabs. R-10 insulation shall be provided under the full slab area
of a heated slab in addition to the required slab edge insulation R-value for slabs. as indicated in the table. Slab edge insulation
shall be installed to separate conditioned from unconditioned spaces including adjacent garages, entries, and porches.The sla b-
edge insulation for heated slabs shall not be required to extend below the slab.
TABLE R402.1.4
EQUIVALENT U-FACTORSa
d. Ceilings with attics may use an equivalent U-factor of 0.024.
R402.1.5 “Total UA Alternative”
a. If the total building thermal envelope UA (sum of U -factor times assembly area) is less than or equal to the
total UA resulting from using the U-factors in Table R402.1.4, as amended, (multiplied by the same
assembly area as in the proposed building), the building shall be considered in compliance with amended
Table R402.1.2. The UA calculation shall be done using a method consistent with the ASHRAE Handbook
of Fundamentals and shall include the thermal bridging effects of framing materials. The SHGC
requirements shall be met in addition to UA compliance.
b. If using REScheck software to show compliance with this alternative path for the 2015 edition of the code,
the proposed design must be a minimum of 2% 30% more efficient than the standard reference design in
order to accommodate the amended prescriptive Fenestration U-factor.
R402.3.6 Maximum area. The vertical fenestration area, not including opaque doors and opaque spandrel panels,
shall be not greater than 20 percent of the gross above grade wall area. The skylight area shall be not greater than 3
percent of the gross roof area.
R402.4.1.2 Testing. The building or dwelling unit shall be tested for air leakage. The maximum air leakage rate for
any building or dwelling unit shall not exceed 1.5 air changes per hour. Testing shall be conducted in accordance
with ANSI/RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50
Pascals). Where required by the code official, testing shall be conducted by an approved third party. A written report
of the results of the test shall be signed by the party conducting the test and provided to the code official. Testing
shall be performed at any time after creation of all penetrations of the building thermal envelope have been sealed.
R403.5 Service hot water systems. Energy conservation measures for service hot water systems shall be in
accordance with Sections R403.5.1 and R403.5.4 through R403.5.5.
R403.5.5 Combustion service hot water heating. Combustion equipment may not be used for service hot water
heating unless the following conditions are met.
1. The service hot water system shall comply with the provisions of C408, and
CLIMATE
ZONE
FENESTRATION
U-FACTORf
SKYLIGHT
U-FACTOR
CEILING
U-FACTOR
WOOD
FRAME
WALL
U-FACTOR
MASS WALL
U-FACTORb
FLOOR
U-FACTOR
BASEMENT
WALL
U-FACTOR
CRAWL
SPACE
WALL
U-FACTOR
7 0.28 0.22 0.55
0.44
0.026
0.018d
0.045
0.026
0.057
0.036
0.028 0.050
0.044
0.055
0.044
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2. Each piece of equipment shall be provided with the following:
a. A condensate drain that is no more than 2 inches higher than the base of the installed water
heater and allows natural draining without pump assistance shall be installed within 3 feet of
the water heater.
b. A dedicated, appropriately phased branch circuit(s) that shall have a minimum amp erage
requirement for comparable heat pump(s) and , if specified in the design, supplemental
electric resistance heat service water heating capacity and recovery, terminating within 3 feet
of the water heater with no obstructions. Both ends of the branch circuit(s) shall be labeled
with the words "For Future Electric Service Water Heating" and be electrically isolated.
c. The equipment shall be installed in a space sized to fit future equivalent electric heat
pump(s) and, if specified in the design, supplement al electric resistance heat water heating
equipment or a minimum 3 feet by 3 feet by 7 feet high (per heat pump), whichever is larger.
d. Water heaters shall be installed in a space with a minimum volume of 700 cubic feet or with
the equivalent of one 16-inch by 24-inch grill to a heated space and one 8-inch duct of no
more than 10 feet in length for cool exhaust air.
R403.6.2 Heat or energy recovery ventilation. Dwelling units shall be provided with a heat recovery (HRV) or
energy recovery (ERV) ventilation system. The system shall be balanced to within 10% of the average supply and
exhaust rates. Minimum HRV and ERV requirements, measured at the lowest tested net supply airflow, shall be
greater than or equal to 65 percent Sensible Recovery Efficiency (SRE), a minimum 1.2 cubic feet per minute per
watt determined at a static pressure of not less than 0.2 inch w.c. (49.85 Pa), and shall not use recirculation as a
defrost strategy.
R403.9 Snow and ice melt systems Snow- and ice- melting systems shall comply with R403.9.1 through R403.9.3.
R403.9.1 Efficiency. Combustion equipment may not be used for snow and ice melt systems unless the
following conditions are met.
1. The snowmelt system shall comply with the provisions of C408, and
2. Each piece of equipment shall be provided with the following:
a. A condensate drain located within 3 feet, and
b. A dedicated, appropriately phased branch circuit(s) that shall have a minimum amperage
requirement for a comparable electric hydronic snowmelt system sized in accordance with
NEC 440.4(B) and 440.35, and terminating within 3 feet of the heating equipment with no
obstructions. Both ends of the branch circuit shall be labeled “For Future Electric
Snowmelting” and be electrically isolated.
R403.9.2 Controls. Systems shall include automatic controls capable of shutting configured to shut off the
system when the pavement temperature of the snowmelted surface is greater than 5040°F (10°C) and
precipitation is not falling, and an automatic or manual control that will allow shutoff when the outdoor
temperature is greater than 40°F (4.8°C).
R403.9.3 Snow Melt Slab Insulation. R-10 insulation shall be installed under the snow melted surface.
R403.10 Pools and permanent spa energy consumption (Mandatory). The energy consumption of pools and
permanent spas shall be in accordance with Sections R403.10.1 through R403.10.3.
R403.10.1 Heaters. The electric power to heaters shall be controlled by an on-off switch that is an integral part
of the heater mounted on the exterior of the heater in a location with ready access, or external to and within 3
feet (914 mm) of the heater. Operation of such switch shall not change the setting o f the heater thermostat.
Such switches shall be in addition to a circuit breaker for the power to the heater. Gas-fired heaters shall not be
equipped with continuously burning ignition pilots. Combustion equipment may not be used for pool or spa
heating unless the following conditions are met:
1. Heaters shall not be equipped with continuously burning ignition pilots,
2. Each piece of combustion equipment shall be provided with the following:
a. A condensate drain located within 3 feet, and
b. A dedicated, appropriately phased branch circuit that shall have a minimum amperage
requirement for a comparable electric heater, sized in accordance with NEC 440.4(B) and
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440.35, terminating within 3 feet of the heating equipment with no obstructions. Bot h ends of
the branch circuit shall be labeled “For Future Electric Pool Heating” and be electrically
isolated.
R403.13 Heating outside a building. Systems installed to provide heat outside a building shall be electric
radiant systems. Such heating systems shall be controlled by an occupancy sensing device or a timer switch,
so that the system is automatically de-energized when occupants are not present.
R403.14 Combustion space heating. Combustion equipment may not be used for primary space heating unless the
following conditions are met:.
1. The space heating system(s) shall comply with the provisions of C408, and
2. Each piece of equipment shall be provided with the following:
a. A condensate drain located within 3 feet, and
b. A dedicated, appropriately phased branch circuit(s) that shall have a minimum amperage
requirement for a comparable electric heat pump and, if specified in the design, electric
resistance supplemental heat sized in accordance with NEC 440.4(B) and 440.35, and
terminating within 3 feet of the heating equipment with no obstructions. Both ends of the
branch circuit(s) shall be labeled “For Future Electric Space Heating” and be electrically
isolated.
Exception:
1. Where an electrical circuit in compliance with NEC 440.4(B) and 440.35
exists for space cooling equipment.
R404.1 Lighting equipment. Not less than 75 percent of the lamps in permanently installed lighting fixtures shall
be high-efficacy lamps or not less than 75 percent of the permanently installed lighting fixtures shall contain only
high-efficacy lamps. All permanently installed lighting fixtures, excluding kitchen appliance lighting fixtures, shall
contain only high-efficacy lighting sources.
R404.1.1 Lighting equipment (Mandatory). Fuel gas lighting systems shall not have continuously burning pilot
lights be permitted.
R404.2 Renewable energy infrastructure. Buildings shall comply with Sections R404.4.1 through R404.4.7.
Exceptions:
1. A building with a permanently installed on-site renewable energy system.
2. A building with less than 600 square feet (55 m2) of roof area oriented between 110 degrees and 270
degrees of true north.
3. A building where all areas of the roof that would otherwise meet the requirements for a solar-ready
zone are in full or partial shade for more than 70 percent of daylight hours annually.
R404.2.1 Solar-ready zone area. The total area of the solar-ready zone shall not be less than 300 square feet and
shall be composed of areas not less than 5.5 feet in width and not less than 80 square feet exclusive of access or set
back areas as required by the International Fire Code.
R404.2.2 Obstructions. Solar-ready zones shall be free from obstructions, including but not limited to vents,
chimneys, and roof-mounted equipment.
R404.2.3 Shading. The solar-ready zone shall be set back from any existing or new permanently affixed
object on the building or site that is located south, east or west of the solar zone a distance not less than
two times the object’s height above the nearest point on the roof surface. Such objects include, but are
not limited to, taller portions of the building itself, parapets, chimneys, antennas, signage, rooftop
equipment, trees and roof plantings.
R404.2.4 Roof load documentation. The structural design loads for roof dead load and roof live load
shall be clearly indicated on the construction documents.
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R404.2.5 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow
installation of a dual pole circuit breaker for future solar electric installation and shall be labeled “For Future Solar
Electric.” The reserved space shall be positioned at the opp osite (load) end from the input feeder location or main
circuit location.
R404.2.6 Electrical interconnection. An electrical junction box shall be installed within 24 inches of the main
electrical service panel and shall be connected to a capped roof penetration sleeve or a location in the attic that is
within 3 feet (914 mm) of the solar ready zone by one of the following:
1. Installed conduit with pull string sized to accommodate future renewable energy infrastructure
requirements.
2. Minimum #10 Metal copper 3-wire
Where the interconnection terminates in the attic, location shall be no less than 12” (35 mm) above ceiling
insulation. Both ends of the interconnection shall be labeled “For Future Solar Electric”.
R404.2.7 Construction documentation certificate. A permanent certificate, indicating the solar-ready
zone and other requirements of this section, shall be posted near the electrical distribution panel, water
heater or other conspicuous location by the builder or registered design professional.
R404.3 Electric vehicle charging infrastructure. Buildings with a dedicated attached or detached garage or with
on-site parking spaces shall be provided with one EV-ready space dwelling unit. The branch circuit shall meet the
following requirements:
1. A minimum capacity of 9.6 kVA
2. Terminates at a junction box or receptacle located within 3 feet (914 mm) of the parking space and
labelled “For electric vehicle charging”, and
3. The electrical panel directory shall designate the branch circuit as “For electric veh icle charging”.
R404.4 Energy storage infrastructure. Each building site shall have a dedicated location for the installation of
future on-site energy storage in accordance with the following:
1. Dedicated floor area not less than 2 feet in one dimension and 4 feet in another dimension and located in
accordance with Section 1207 of the 2021 International Fire Code and Section 110.26 of the NFPA 70.
2. The main electrical service panel shall have a reserved space to allow installation of a two -pole circuit
breaker for future electrical energy storage system installation. This space shall be labeled “For Future
Electric Storage.” The reserved spaces shall be positioned at the end of the panel that is opposite from the
panel supply conductor connection.
3. Installed conduit with pull string sized to accommodate future energy storage electrical requirements.
Exception: Where an onsite electrical energy system storage system is installed.
R404.5 Additional electric ready infrastructure. Combustion equipment shall be installed in accordance with this
section.
R404.5.1 Combustion clothes drying. A dedicated 240-volt branch circuit with a minimum capacity of 30 amps
shall terminate within 6 feet (1829 mm) of natural gas clothes dryers and shall be acc essible with no obstructions.
Both ends of the branch circuit shall be labeled with the words “For Future Electric Clothes Drying” and be
electrically isolated.
R404.5.2 Combustion cooking. A dedicated 240-Volt, 40A branch circuit shall terminate within 6 feet (1829 mm)
of natural gas cooking equipment and appliances and be accessible with no obstructions. Both ends of the branch
circuit shall be labeled with the words “For Future Electric Range” and be electrically isolated.
R404.5.3 Other combustion equipment. Combustion equipment and end-uses not covered by Sections R404.6.2-5
shall be provided with a branch circuit sized for an electric appliance, equipment or end use with an equivalent
capacity that terminates within 6 feet (1829 mm) of the appliance or equipment. Both ends of the branch circuit shall
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be labeled with the words “For Future Electrification” and be electrically isolated.
INTERNATIONAL FUEL GAS CODE
Section 301.2.1 Appliance Controls. Fuel burning appliances, such as fireplaces and firepits, used for purposes
other than space conditioning, water heating, snow melting, and cooking shall be controlled by an occupancy
sensing device or a timer switch, so that the appliance shuts off when occupants are not present or within an hour
of being turned on.
Exception: A manual override switch may be provided that, when initiated, shall permit the controlled appliance
to remain on for not more than 2 hours.
INTERNATIONAL RESIDENTIAL CODE
Section R313 Automatic fire sprinkler systems. (reference Chapter 9 of the Fire Code with the exception of
R313.2 as amended herein:)
R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system
shall be installed in one- and two-family dwellings.
R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in
accordance with Section P2904 or NFPA 13D.
Chapter 8.49
INTERNATIONAL WILDLAND-URBAN INTERFACE CODE
Sec. 8.49.010. Adoption of the 2021 Edition of the International Wildland -Urban Interface Code.
Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City, there is hereby
adopted and incorporated herein by referen ce as if fully set forth those regulations contained in the International
Wildland-Urban Interface Code, 2021 Edition, and all errata as published by the International Code Council, 4051
West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795, except as otherwise provided by amendment or
deletion as contained in Section 8.49.020 of this Chapter. At least one (1) copy of the International Wildland -Urban
Interface Code shall be available for inspection during regular business hours.
Sec. 8.49.020. Amendments.
The International Wildland-Urban Interface Code, 2021 Edition, as adopted by the City at Section 8.49.010, is
hereby amended to provide and read as follows:
(a) Section [A]101.1 Title. These regulations shall be known as the International Wildland -Urban Interface Code of
City of Aspen hereinafter referred to as “this code.”
(Delete in entirety with the exception of Section 505 as amended below and associated references.)
SECTION 505
CLASS 2 IGNITION-RESISTANT CONSTRUCTION
503.2 Ignition-resistant building material. Ignition-resistant building materials shall comply with any one of the
following:
1. Material shall be tested on all sides with the extended ASTM E84 (UL 723) test or ASTM E2768, except
panel products shall be permitted to test only the front and back faces. Panel products shall be tested with a
ripped or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test
procedures set forth in ASTM E84 or UL 723 for a test period of 30 minutes, or with ASTM E2768,
comply with the following: 1.1. Flame spread. Material shall exhibit a flame spread index not exceeding 25
and shall not show evidence of progressive combustion following the extended 30 -minute test.
1.2 Flame front. Material shall exhibit a flame front that does not progress more than 10 1/2 feet (3200 mm)
beyond the centerline of the burner at any time during the extended 30-minute test.
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1.3. Weathering. Ignition-resistant building materials shall maintain their performance in accordance with
this section under conditions of use. Materials shall meet the performance requirements for weathering
(including exposure to temperature, moisture and ultraviolet radiation) contained in the following
standards, as applicable to the materials and the conditions of use:
1.3.1. Method A “Test Method for Accelerated Weathering of Fire -Retardant-Treated Wood for
Fire Testing” in ASTM D2898, for fire-retardant treated wood, wood-plastic composite and plastic
lumber materials.
1.3.2. ASTM D7032 for wood-plastic composite materials.
1.3.3. ASTM D6662 for plastic lumber materials.
1.4 Identification. Materials shall bear identification showing the fire test r esults.
Exception: Materials composed of a combustible core and a noncombustible exterior covering made from
either aluminum at a minimum 0.019 inch (0.48 mm) thickness or corrosion -resistant steel at a minimum 0.0149
inch (0.38 mm) thickness shall not be required to be tested with a ripped or cut longitudinal gap.
2. Noncombustible material. Material that complies with the requirements for noncombustible materials in
Section 202.
3. Fire-retardant-treated wood. Fire-retardant-treated wood identified for exterior use and meeting the
requirements of Section 2303.2 of the International Building Code.
4. Fire-retardant-treated wood roof coverings. Roof assemblies containing fire-retardant-treated wood shingles
and shakes that comply with the requirements of Section 1505.6 of the International Building Code and
classified as Class A roof assemblies as required in Section 1505.2 of the International Building Code.
505.1 General. Buildings shall be of Class 2 ignition-resistant construction shall be in accordance with Sections
505.2 through 505.11.
505.2 Roof assembly. Roofs shall have a roof assembly that complies with not less than a Class A rating when
tested in accordance with ASTM E108 or UL 790, or an approved noncombustible roof covering. For roof
assemblies where the profile allows a space between the roof covering and roof deck, the space at th e eave ends
shall be firestopped to preclude entry of flames or embers, or have one layer of cap sheet complying with ASTM
D3909 installed over the combustible roof deck.
505.2.1 Roof valleys. Where provided, valley flashings shall be not less than 0.019-inch (0.48 mm) (No. 26
galvanized sheet gage) corrosion-resistant metal installed over a minimum 36-inch-wide (914 mm) underlayment
consisting of one layer of 72-pound (32.4 kg) mineral-surfaced, nonperforated cap sheet complying with ASTM
D3909 running the full length of the valley.
505.3 Protection of eaves. Combustible eaves, fascias and soffits shall be enclosed with solid materials with a
minimum thickness of 3/4 inch (19 mm). Exposed rafter tails shall not be permitted unless constructed of heavy
timber materials.
505.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. Gutters
shall be provided with an approved means to prevent the accumulation of leaves and debris in the gutter.
505.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with one of the following
methods:
1. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side.
2. Approved noncombustible materials.
3. Heavy timber or log wall construction.
4. Fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for
exterior use and meet the requirements of Section 2303.2 of the International Building Code.
5. Ignition-resistant materials on the exterior side.
Such material shall extend from the top of the foundation to the underside of the roof sheathing.
505.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground, with
exterior walls in accordance with Section 505.5.
Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural
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columns, beams and supporting walls are protected as required for exterior 1 -hour fire-resistance-rated
construction or heavy timber construction or fire-retardant-treated wood. The fire-retardant-treated wood shall be
labeled for exterior use and meet the requirements of Section 2303.2 of the International Building Code.
505.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces
and projections, such as decks, shall be not less than 1-hour fire-resistance-rated construction, heavy timber
construction or constructed of one of the following:
1. Approved noncombustible materials.
2. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2
of the International Building Code.
3. Ignition-resistant building materials in accordance with Section 503.2.
Exception: Coated materials shall not be used as the walking surface of decks.
505.7.1 Underfloor areas. Where the attached structure is located and constructed so that the structure or any
portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shal l
have underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in
accordance with Section 505.5.
505.8 Exterior glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and
skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less
than 20 minutes.
505.9 Exterior doors. Exterior doors shall be approved non-combustible construction, solid core wood not less
than 1 3/4 inches thick (45 mm), or have a fire protection rating of not less than 20 minutes. Windows within doors
and glazed doors shall be in accordance with Section 505.8.
Exception: Vehicle access doors.
505.10 Vents. Attic ventilation openings, foundation or underfloor vents or other ventilation openings in vertical
exterior walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be
covered with noncombustible corrosion-resistant mesh with openings not to exceed 1/4 inch (6.4 mm) or shall be
designed and approved to prevent flame or ember penetration into the structure.
505.10.1 Vent locations. Attic ventilation openings shall not be located in soffits, in eave overhangs, between
rafters at eaves, or in other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3048
mm) from lot lines. Underfloor ventilation openings shall be located as close to
505.11 Detached accessory structures. Detached accessory structures located less than 50 feet (15 240 mm) from
a building containing habitable space shall have exterior walls constructed with materials approved for not less
than 1-hour fire-resistance-rated construction, heavy timber, log wall construction, or constructed with approved
noncombustible materials or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall
be labeled for exterior use and meet the requirements of Section 2303.2 of the International Building Code.
505.11.1 Underfloor areas. Where the detached accessory structure is located and constructed so that the structure
or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure
shall have underfloor areas enclosed to within 6 inches (152 mm) of the g round, with exterior wall construction in
accordance with Section 505.5 or underfloor protection in accordance with Section 505.6.
Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural
columns, beams and supporting walls are protected as required for exterior 1 -hour fire-resistance-rated
construction or heavy-timber construction or fire-retardant-treated wood on the exterior side. The fire-retardant-
treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the International
Building Code.
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Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
Sec. 26.470.010 Purpose.
Sec. 26.470.020 Terminology.
Sec. 26.470.030 Applicability and Prohibitions.
Sec. 26.470.040 Allotment Procedures.
Sec. 26.470.050 Calculations.
Sec. 26.470.060 Procedures for Review.
Sec. 26.470.070 Exempt Development.
Sec. 26.470.080 General Review Standards.
Sec. 26.470.090 Administrative applications.
Sec. 26.470.100 Planning and Zoning Commission applications.
Sec. 26.470.110 City Council applications.
Sec. 26.470.120 Yearly Growth Management accounting procedures.
Sec. 26.470.130 Application contents.
Sec. 26.470.140 Reconstruction limitations.
Sec. 26.470.150 Amendment of a growth management development order.
Sec. 26.470.160 Appeals.
26.470.010 Purpose
The purposes of this Chapter are to: (a) implement the goals and policies for the City and the Aspen Area
Community Plan; (b) ensure that new growth and development occurs in an orderly and efficient manner
in the City; (c) ensure sufficient public facilities are present to accommodate new growth and development;
(d) ensure that new growth and development is designed and constructed to maintain the character and
ambiance of the City; (e) ensure the presence of an adequate supply of affordable housing, businesses and
events that serve the local, permanent community and the area's tourist base; (f) ensure that growth and
development does not overextend the community's ability to provide support services, including employee
housing, traffic control and parking; and (g) ensure that the resulting employees generated and impacts
created by development and redevelopment are mitigated by said development and redevelopment.
26.470.020 Terminology.
Growth Management Year. A year period, lasting from January 1 through December 31, which
constitutes the time period that each year’s development allotments are available.
Development categories. All development falls into one of four land use categories, which are outlined in
Table 1. Table 1 establishes the development categories and units of allocation for each category for
purposes of administering this Chapter. Sub-Categories 1.A – 1.B are all considered part of the Residential
Uses category, and therefore conversion between these two sub -categories does not require change in use
review.
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TABLE 1, Development Categories
Category Description Allocation units
1. Residential Uses
A. Residential –
Free-Market
Dwelling units intended exclusively for
residential purposes, not subject to any residency
requirements and not including hotels, or
lodging. Units may be in the form of single-
family, duplex, multi-family or part of a mixed-
use structure. (See definitions of Residential use
and Dwelling, Sections 26.104.100 and
26.104.110.)
Dwelling units
A.i Single-family
and Duplex
Demolition
Dwelling units that are demolished and redeveloped
pursuant to 26.580 and subject to 26.470.090. These
allotments are a subset of the total Residential, Free-
Market allotment total. (See definition of
Demolition, Section 26.104.100)
Dwelling units
B. Residential –
Affordable Housing
Dwelling units intended to house only local
working residents that are deed restricted
according to the Aspen/Pitkin County Housing
Authority Guidelines. Units may be in the form
of single-family, duplex, multi-family, dormitory
or part of a mixed-use structure. (See definition
of Affordable housing, Sections 26.104.100 and
26.104.110.)
Dwelling units
2. Commercial Buildings, or portions thereof, supporting office,
retail, warehousing, manufacturing, commercial
recreation, restaurant/bar or service oriented
businesses, including retail and office uses but not
including hotel or lodging uses. (See definition of
Commercial use, Sections 26.104.100 and
26.104.110.)
Net leasable
square feet
3. Lodging Buildings, or portions thereof, used to house a
transient tourist population on a short-term
basis, including lodges, hotels, motels, bed and
breakfasts, and timeshare development. (See
definition of Hotel, Sections 26.104.100 and
26.104.110.)
Lodging pillows.
(Each lodging
bedroom shall be
considered to be
two pillows.)
4. Essential Public
Facilities
Facilities serving essential public purposes used
by or for the benefit of the general public and
serving the needs of the community. (See
definition of Essential public facility, Sections
26.104.100 and 26.104.110.)
Square feet
Annual development allotment. Each growth management year's potential growth within the City,
applied to each type of land use. This is a unit of measurement applied to each type of land use that, if
granted, allows the specific development proposal to move forward in the review process. The number of
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development allotments for each land use is established in Table 2 below. See also Section 26.470.040,
Allotment Procedure.
Carry-forward allotment. The number of unused and unclaimed growth management allotments for each
type of development that the City Council determines should be brought forward, or rolled-over, into the
next growth management year. Procedures for carry-forward are established in Section 26.470.120, Yearly
Growth Management accounting procedures.
Full Time Equivalent (FTE). A unit of measurement standardizing the workloads of employees. In this
Chapter, FTEs refer to the number of employees generated or housed by development.
26.470.030 Applicability and Prohibitions.
This Chapter shall apply to all development in the City unless exempted in section 26.470.070, Exempt
Development.
A. Number of development applications. No more than one (1) application for growth
management allotments on any one (1) parcel shall be considered concurrently. To submit a new
application, any active growth management application for the same property must be vacated.
B. Number of growth management allocations. No more than one (1) project shall be entitled
to growth management allotments on any one (1) parcel concurrently. In order to entitle a different project
on the same parcel, existing growth allotments must be vacated. (Also see Section 26.470.140, Amendment
of a growth management development order.)
C. No automatic "resubmission" of growth management applications. Applications shall
only be eligible for growth allotments within the growth management session in which they are submitted
and shall not automatically become eligible for allotments in future sessions or future years. Applications
must be resubmitted in order to be eligible for allotments in the next session or next year, as applicable.
Resubmission shall effect a new submission date.
D. Subdivision and other required land use reviews. Projects requiring additional land use
reviews, including Conceptual Commercial Design Review, pursuant to Section 26.412, Commercial
Design Standards, Conceptual Review by the Historic Preservation Commission, pursuant to Section
26.415, Historic Preservation, Project Review or Detailed Review, pursuant to Section 26.445, Planned
Development, and Subdivision, pursuant to Section 26.480, Subdivision, may be reviewed concurrently with
review for growth management, pursuant to Paragraph 26.304.060.B.1.
E. No partial approvals. In order for a project to gain approval, sufficient allotments for every
element of the project must be obtained. No partial approvals shall be granted. In circumstances where a
proposal requires allotments be granted for various types of uses within the project, the reviewing body
shall not grant approval unless allotments for every type of use are available. For example: If a proposal
requires that allotments be granted for free-market residential units, affordable housing units and
commercial space, and there are no remaining allotments for free-market residential for the year, the project
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shall be tabled until such time as allotments are available. In the above example, the project shall be tabled
in total and not granted allotments for the affordable housing units or the commercial space. Similarly, a
project requiring 10,000 sq. ft. of commercial allotments when only 5,000 sq. ft. of commercial allotments
remain shall be tabled until such time as allotments are available. Also see multi-year allotments below.
F. Multi-year growth allotments. Projects requiring development allotments in excess of the
annual allotment may be granted a multi-year allotment, pursuant to Subsection 26.470.090.A, or may gain
allotments over a multi-year period, provided that the allotment gained in any one (1) year shall not exceed
the annual allotment.
For example, a project requesting fifty thousand (50,000) square feet of commercial space may request
either a one-time, multi-year allotment of fifty thousand (50,000) square feet or may request approval in the
first year for twenty-five thousand (25,000) square feet and request approval for the remaining twenty-five
thousand (25,000) square feet in a subsequent year.
Gaining allotments in any year shall not guarantee that allotments will be granted in later years for the same
project. Projects requiring a multi-year allotment shall not be granted a development order until all elements
of the project have been granted allotments. If the design of a project changes prior to receiving the full
allotment needed for a development order, the reviewing body shall determine if the changes are acceptable
or if the change invalidates the previously granted allotment and requires a resubmission for allotments.
Applications for each year's allotment need to be submitted, and there shall be no preferential status given
to a project granted partial allotment.
Projects that do not require allotments in excess of the annual allotment shall not be eligible to gain partial
allotments. See No partial approvals above.
G. Non-assignability of growth allotments. Development allotments obtained pursuant to this
Chapter shall not be assignable or transferable independent of the conveyance of the real property on which
the development allotment has been approved.
H. No reduction in mitigation requirements. Notwithstanding Section 26.470.090(4), Essential
Public Facilities, an applicant may not request a reduction in the mitigation requirements of this Chapter.
Properties requesting historic designation pursuant to Chapter 26.415, Historic Preservation, shall be
exempt from this provision, provided, however, that any reduction is reviewed and approved by City
Council.
I. No combination of multiple affordable housing requirements allowed. Whenever multiple
affordable housing mitigation requirements are required each housing requirement shall be met. For
example: A mixed-use project may require two (2) affordable housing units to mitigate an increase in
commercial employee generation and two (2) affordable housing units to mitigate free-market residential
development. In this case, four (4) affordable housing units are required.
26.470.040 Allotment Procedures.
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A. General. Aspen area residents have determined that growth and development must be managed to
ensure long-term negative consequences associated with development redevelopment and its
impacts are minimized. One of the broad themes of the 2012 Aspen Area Community Plan (AACP)
is to “manage future development so that it contributes to the long-term viability of a sustainable,
demographically diverse visitor-based economy and a vital year-round community.” To implement
these goals, the community has established a two percent (2%) growth rate that can be
accommodated without compromising community character. The AACP supports a "critical mass
of year-round residents” to be housed while maintaining our community character and way of life.
Therefore, the Growth Management Quota System does not limit the annual growth rate of
affordable housing, while all other types of development shall be limited to not exceed a two-percent
annual growth rate. In order to address continued community growth concerns, a growth limit of
one-half percent (0.5%) has been implemented for new free-market residential development and the
demolition and replacement of existing free-market residential single family and duplex dwellings.
B. Existing development. The following tables describe the existing (as of March 2007) amount of
development in each sector used as a "baseline" in establishing annual allotments and development
ceilings.1
Commercial Development Within the City (square feet)1
Commercial use "class" Leasable square feet for class
Merchandising 365,486
Lodging2 19,950
Offices 113,207
Recreation 179,824
Special purpose 144,777
Warehouse/storage 149,814
Multi-use 208,331
Commercial Condos 483,549
Total commercial: 1,664,938
1 Source: Pitkin County Assessor, March 7, 2005
2 Lodge unit square footage removed from total. Commercial space within lodge developments estimated through
City records.
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Commercial Development Within the City (square feet)1
2% Annual growth rate for commercial development 33,300
Residential Development Within the City (units)
Property type Residences in class
Single-family 1,268
Duplex or triplex3 79
Multi-units 4-8 4 45
Multi-units 9+ 142
Condominiums 2,978
Duplex condos 366
Manufactured 29
Partial exempt 1
Total residences: 4,909
Nonexempt affordable housing units 5 1,132
Total free-market residences 3,777
0.5% Annual growth rate for free-market residential development: 18.9 units
Lodging Development Within the City (Pillows)
Total lodging pillows: 7,500
1.5% Annual growth rate 112.5 pillows
3 Single ownership duplex and triplex units. 2 units per property ownership estimated.
4 Single ownership apartment buildings. Residence count reflects actual number of units recorded with Assessor.
5 A total of 1,815 residences within the City are deed-restricted affordable housing. Of these units, several are
considered tax-exempt and are not included in the Assessor's counts. These units are rental affordable housing owned
by the City, APCHA or tax-exempt nonprofit organizations. Therefore, only the nonexempt units have been
subtracted from the Assessor's total residences to determine the number of free-market residences.
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Annual development allotments. The Growth Management Quota System establishes annual
development allotments available for use by projects during each growth management year. The
Community Development Director shall calculate the development allotments available for each type of
land use as follows:
Available development allotments = annual
allotment +
Carry-forward
allotment from
prior year
The following annual allotments are hereby established:
Table 2, Development Allotments
Development Type Annual Allotment
Residential — Total Free-Market
New Residential (Subdivision
and multi-family units)
Single-Family and Duplex
Demolition and Redevelopment
19 units divided as follows:
13 units
6 units
Residential — Affordable Housing No annual limit
Commercial 33,000 net leasable square feet
Lodging 112 pillows
Essential public facility No annual limit
Note, the annual allotment may be reduced if multi-year allotments are granted by the City Council. Upon
a denial of the project and the completion of any appeals, where it’s found the denial was appropriate, the
project’s allotments shall not be considered granted and shall be returned to the available allotment pool for
the remainder of the year. Allotments shall be considered vacated by a property owner upon written
notification from the property owner.
C. Allocation procedure. Following approval or approval with conditions, pursuant to the above
procedures for review, the Community Development Director shall issue a development order pursuant
to Section 26.304.070, Development orders. Those applicants having received allotments may proceed
to apply for any further development approvals required by this Title or any other regulations of the
City.
D. Expiration of growth management allotments. Growth management allotments granted pursuant to
this Chapter shall expire with the expiration of the development order, pursuant to the terms and
limitations of Section 26.304.080, Development Orders. Expired allotments shall not be considered
valid, and the applicant shall be required to re-apply for growth management approval. Expired
allotments may be added to the next year's available allotments at the discretion of the City Council,
pursuant to Subsection 26.470.030.E.
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26.470.050. Calculations.
A. General. Whenever employee housing or fee-in-lieu is required to mitigate for employees generated by
a development, there shall be an analysis and credit for employee generation of the existing project, prior
to redevelopment, and an an employee generation analysis of the proposed development. The employee
mitigation requirement shall be based upon the incremental employee generation difference between the
existing development and the proposed development. Unless otherwise exempted by this Chapter, the
employee mitigation requirement shall be based upon the total employee generation of the proposed
development. Except as specifically identified for Commercial Redevelopment, there are no credits granted
during redevelopment – although in some circumstances, redeveloped projects with tevidence of previous
mitigation will be considered in the employee generation analysis. Additionally, cCredits are not given for
changes between the land use categories outlined in Table 1. For instance, a change in use from commercial
net leasable area to free-market residential units does not generate a credit.
B. Employee generation rates.
1. Non-Residential Uses
Table 3 establishes the employee generation rates that are the result of the Employee
Generation Study, an analysis sponsored by the City during the fall and winter of 2012
considering the actual employment requirements of over one hundred (100) Aspen businesses.
This study is available at the Community Development Department. Employee generation is
quantified as full-time equivalents (FTEs) per one thousand (1,000) square feet of net leasable
space or per lodge bedroom.
Table 3, Employee Generation Rates
Zone District
Employees Generated per 1,000 Square
Feet of Net Leasable Space
Commercial Core (CC)
Commercial (C-1)
Neighborhood Commercial (NC)
Commercial Lodge (CL) commercial space
Lodge (L) commercial space
Lodge Preservation (LP) commercial space
Lodge Overlay (LO) commercial space
Ski Base (SKI) commercial space
4.7
Mixed-Use (MU) 3.6
Service Commercial Industrial (S/C/I) 3.9
Public1 5.1
Lodge Preservation (LP) lodge units .3 per lodging bedroom
Lodge (L), Commercial Lodge (CL), Ski Base
(SKI) and other zone district lodge units
.6 per lodging bedroom
1 For the Public Zone, the study evaluated only office-type public uses, and this
number should not be considered typical for other non-office public facilities. Hence,
each Essential Public Facility proposal shall be evaluated for actual employee
generation.
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Each use within a mixed-use building shall require a separate calculation to be added to the
total for the project. For commercial net leasable space within basement or upper floors, the
rates quoted above shall be reduced by twenty-five percent (25%) for the purpose of calculating
total employee generation. This reduction shall not apply to lodge units.
For lodging projects with flexible unit configurations, also known as "lock-off units," each
separate "key" or rentable division shall constitute a unit for the purposes of this Section, such
that employee generation is assessed on the configuration with the most number of rentable
units. Timeshare units and exempt timeshare units are considered lodging projects for the
purposes of determining employee generation. Free-market residential units included in a
lodge development and which may be rented to the general public as a lodge unit, shall be
counted as a lodge key in the calculation of employee generation.
2. Residential Uses. Employee Generation rates for Residential Uses (single-family, duplex
and multifamily have been similarly established. Depending on the nature of development,
(examples: new construction on an existing lot, creation of a new subdivision, expansion of
Floor Area, or Demolition), different methodologies have been established and are identified
and defined in 26.470.090 and 26.470.100.
C. Employee generation review. All essential public facilities shall be reviewed by the Planning and
Zoning Commission to determine employee generation, pursuant to Section 26.470.110D. In
addition, any applicant who believes the employee generation rate is different than that outlined
herein may request an employee generation review with the Planning and Zoning Commission
during a duly noticed public hearing, pursuant to Section 26.304.060.E. Employee generation
review is not available to residential uses that are not part of a commercial or lodge development.
In establishing employee generation, the Planning and Zoning Commission shall consider the
following:
1) The expected employee generation of the use considering the employment generation pattern of
the use or of a similar use within the City or a similar resort.
2) Any unique employment characteristics of the operation.
3) The extent to which employees of various uses within a mixed-use building or of a related off-
site operation will overlap or serve multiple functions.
4) A proposed restriction requiring full employee generation mitigation upon vacation of the type
of business acceptable to the Planning and Zoning Commission.
5) Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee
generation. The requirements of any proposed follow-up analysis shall be outlined in a
Development Agreement, pursuant to Chapter 26.490.
Whenever employee housing or fee-in-lieu is required to mitigate for employees generated by a
development, there shall be an analysis and credit for employee generation of the existing project, prior to
redevelopment, and an employee generation analysis of the proposed development. The employee
mitigation requirement shall be based upon the incremental employee generation difference between the
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existing development and the proposed development. Unless otherwise exempted by this Chapter, the
employee mitigation requirement shall be based upon the total employee generation of the proposed
development. Except for the conversion between residential and lodge uses outlined in Section 26.470.140,
Reconstruction limitations, credits are not given for changes between the land use categories outlined in
Table 1. For instance, a change in use from commercial net leasable area to free-market residential units
does not generate a credit.
D. Employees housed. Whenever a project provides residential units on or off site the s chedule in
Table 4 shall be used to determine the number of employees housed by such units:
Table 4, FTEs Housed
Unit Type Employees Housed
Studio 1.25
One-bedroom 1.75
Two-bedroom 2.25
Three-bedroom or larger 3.00, plus .5 per each additional bedroom
Dormitory 1.00 employee per 150 square feet of net livable space
E. Employee housing fee-in-lieu payment. Whenever a project provides employee housing via a fee-in-
lieu payment, in part or in total, the amount of the payment shall be based upon the following (fee-in-lieu
is only allowed for Categories 1-4, Category 5 is included for any necessary conversions between affordable
housing unit types or for the purpose of conversions in the value of Certificates of Affordable Housi ng
Credits):
Fee-in-Lieu (per FTE): Category 1: $408,054
Category 2: $376,475
Category 3: $345,691
Category 4: $302,879
Category 5: $250,375
Payment shall be calculated on a full-time-equivalent employee (FTE) basis according to the Affordable
Housing Category designation required by this Title. Unless otherwise stated in this Title or in a
Development Order, Fee-in-Lieu payments shall be collected by the City of Aspen Building Department
prior to and as a condition of Building Permit issuance.
The Fee-In-Lieu rates shall be updated every five years and adopted by city council ordinance. This 5-year
update shall evaluate and include cost analysis of new private and public sector affordable housing projects
that have been completed or are otherwise appropriate since the previous update. During the intermediate
years, Community Development staff shall propose to City Council an annual update (in January) to the
Fee-in-Lieu schedule via Ordinance, utilizing the most recent National Construction Cost Index provided
by the Engineering News Record. If the annual increase is approved, updated Fee-in-Lieu figures shall be
rounded to the nearest dollar.
The following methodology (as depicted in a comprehensive report conducted by TischlerBise, Affordable
Housing Fee-in-Lieu Study, Phase II in Spring of 2021) was used to determine the above Fee-in-Lieu
schedule:
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1) Utilizing recent public sector, private sector, and public private partnership affordable housing
projects, staff and the consultant team identified actual land and construction (hard and soft) costs
for a number of recent projects and land purchases.
2) Costs for both land and construction were analyzed by project to the square foot of net livable
development and averaged across the projects. Using the Code determined calculation of 400 square
feet per full time equivalent (FTE) employee, a total cost of constructing affordable housing per
FTE was identified.
3) Utilizing the Aspen Pitkin County Housing Authority (APCHA) Guidelines, established sales
and rental rates by Category and bedroom count were used in a calculation to identify the revenue
per FTE. Two important assumptions were included for the rental revenue stream: a) revenue (rental
income) was calculated over a 15- year period with a 2% annual increase in the rental rate; and b)
rental revenue was reduced by 50% to acknowledge common maintenance and operations costs.
Sales and Rental Revenue were then averaged per FTE.
4) The per FTE revenue amount for each Category (identified in #3 above) was subtracted from the
total development cost per FTE (identified in #2 above). The remainder of each calculation
subtracting the Category revenue from the total cost per FTE results in the Category Fee -in-Lieu
schedule above.
F. Employee/square footage conversion. Whenever an affordable housing mitigation requirement is
required to be converted between a number-of-employees requirement and a square-footage
requirement, regardless of direction, the following conversion factor shall be used:
1 employee = 400 square feet of net livable area.
G. Accessory dwelling units as mitigation units. Accessory dwelling units, approved pursuant
to Chapter 26.520 and which are deed-restricted as "for sale" category housing and transferred to a qualified
purchaser according to the provisions of the Aspen/Pitkin County Housing Authority, shall be consid ered
mitigation units and attributed to a project's affordable housing provision, or may be attributable to the
creation of Affordable Housing Certificates, subject to the provisions of 26.520 and 26.540.. ADUs which
are not deed-restricted as category units and are not transferred to qualified purchasers shall not be
considered mitigation units and shall not be attributed to a project's affordable housing provision.
(Ord. No. 10-2021, §1; Ord. No. 12-2021, §1;)
26.470.060. Procedures for Review.
A development application for growth management shall be reviewed pursuant to the following procedures
and standards and the Common Development Review Procedures set forth at Chapter 26.304. According
to the type of allotments requested, the following steps are necessary. A development proposal may fall
into multiple categories and therefore have multiple processes and standards to adhere to and meet. An
application for growth management may be submitted to the Community Development Director on any date
of the year.
A. Administrative Applications. The Community Development Director shall approve, approve with
conditions or deny the application, based on the applicable standards of review in Section 26.470.090,
Administrative applications.
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B. Planning and Zoning Commission Applications. The Planning and Zoning Commission, during a
duly noticed public hearing, shall review a recommendation from the Community Development Director
and shall approve, approve with conditions, or deny the application, based on the standards of review in
Section 26.470.100, Planning and Zoning Commission Applications, and Section 26.470.080, General
Review Standards. This requires a one-step process as follows:
Step One – Public Hearing before the Planning and Zoning Commission or Historic Preservation
Commission.
1) Purpose: To determine if the application meets the standards for approval.
2) Process: The Planning and Zoning Commission or Historic Preservation Commission shall
approve, approve with conditions, or deny an application after considering the recommendation
of the Community Development Director and comments and testimony from the public at a duly
noticed public hearing. The Historic Preservation Commission shall be the recommending body
for historic landmarks, properties requesting landmark designation, and all properties located
within a Historic District.
3) Standards of review: The proposed development shall comply with the applicable review
standards of Section 26.470.100, Planning and Zoning Commission applications and Section
26.470.080, General Review Standards.
4) Form of decision: The Commission’s decision shall be by resolution.
5) Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3 and the provisions of Section 26.304.035 – Neighborhood Outreach as
applicable.
C. City Council Applications. City Council, during a duly noticed public hearing, shall review a
recommendation from the Community Development Director, a recommendation from the Planning and
Zoning Commission or Historic Preservation Commission, as applicable, and shall approve, approve with
conditions, or deny the application, based on the standards of review in Section 26.470.110, City Council
Applications, and Section 26.470.080, General Review Standards. This requires a two-step process as
follows:
Step One – Public Hearing before the Planning and Zoning Commission or Historic Preservation
Commission.
1) Purpose: To determine if the application meets the standards for approval.
2) Process: The Planning and Zoning Commission or Historic Preservation Commission shall
forward a recommendation of approval, approval with conditions, or denial to City Council after
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considering the recommendation of the Community Development Director and comments and
testimony from the public at a duly noticed public hearing. The Historic Preservation
Commission shall be the recommending body for historic landmarks, properties requesting
landmark designation, and all properties located within a Historic District.
3) Standards of review: The proposed development shall comply with the applicable review
standards of Section 26.470.110, City Council applications and Section 26.470.080, General
Review Standards.
4) Form of decision: The Commission’s recommendation shall be by resolution.
5) Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3 and the provisions of Section 26.304.035 – Neighborhood Outreach as
applicable.
Step Two – Public Hearing before City Council.
1) Purpose: To determine if the application meets the standards for approval.
2) Process: The Community Development Director shall provide City Council with a
recommendation to approve, approve with conditions, or deny the application, based on the
standards of review. City Council shall approve, approve with conditions, or deny the
application after considering the recommendation of the Community Development Director, the
recommendation from the Planning and Zoning Commission or Historic Preservation
Commission, and comments and testimony from the public at a duly noticed public hearing.
3) Standards of review: The proposed development shall comply with the applicable review
standards of Section 26.470.110, City Council applications and Section 26.470.080, General
Review Standards.
4) Form of decision: City Council decision shall be by ordinance.
5) Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 – Neighborhood Outreach as
applicable, and the requisite notice requirements for adoption of an ordinance by City Council.
D. Combined Reviews. An application for growth management review may be combined with
development applications for other associated land use reviews, pursuant to Section 26.304.060.B.1,
Combined Reviews.
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26.470.070 Exempt development.
The following types of development shall be exempt from the provisions of this Chapter. Development
exempt from growth management shall not be considered exempt from other chapters of the Land Use
Code. Where applicable, exemptions are cumulative.
A. Remodeling or redevelopment renovation of existing single-family and duplex residential
development. The remodeling or ren renovation of existing single-family and duplex residential
properties, that does not trigger Demolition pursuant to 26.580, shall be exempt from growth
management provided that no additional Mitigation Floor Area is added to the property. When an
expansion of Mitigation Floor Area occurs, see Section 26.470.060.090.A, subsections 1 and 2.
Existing, prior to demolition, Floor Area shall be documented by the City Zoning Officer prior to
demolition.
B.A.
B. Conversion of an existing single-family residence to a duplex residence or two (2) detached
residences or vise-versa, when Demolition is not triggered. The conversion of an existing single-
family residence to a duplex residence or two (2) detached single-family residences, or vise-versa, which
may include demolition shall be exempt from growth management provided that no additional Mitigation
Floor Area is added to the property. When an expansion of Mitigation Floor Area occurs, see Section
26.470.060, subsections 1 and 2. Existing, prior to demolition, Floor Area shall be documented by the
City Zoning Officer prior to demolition.
C. Remodeling or expansion of existing multi-family residential development. The remodeling of
existing multi-family residential dwellings shall be exempt from growth management provided that no
additional Mitigation Floor Area is added to the property and provided demolition of a unit or structure
does not occur. When an expansion of Mitigation Floor Area occurs, see Section 26.470.060, subsection
2. When demolition occurs, see Paragraph 26.470.070.6, Demolition or redevelopment of multi-family
housing. (Also see definition of demolition, Section 26.104.100.)
D. Remodeling or Relocation of historic structures. The remodeling or permanent or temporary
relocation of a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures, shall
be exempt from growth management, provided that all necessary approvals are obtained, pursuant to
Chapter 26.415, and no Mitigation Floor Area expansion occurs, and Demolition is not triggered.
Expansions shall be mitigated pursuant to this chapter.
E. Remodeling of existing commercial development. Remodeling of existing commercial buildings and
portions thereof shall be exempt from the provisions of growth management, provided that demolition
is not triggered, no additional net leasable square footage is created, and there is no change in use. If
redevelopment involves an expansion of net leasable square footage, the replacement of existing net
leasable square footage shall not require growth management allotments and shall be exempt from
providing affordable housing mitigation only if that space previously mitigated. Existing, prior to
demolition, net leasable square footage and lodge units shall be documented by the City Zoning Officer
prior to demolition. Also see definitions of demolition and net leasable commercial space, Section
26.104.100.
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If Ddemolition is triggered not due to remodel activity but is determined by the Community Development
Director to be required for normal maintenance as defined in Title 26 (see definition in section 26.104.100)
or to rectify life safety issues, such as replacing a failing roof or mold removal, the square footage impacted
by the work shall be exempt from this section. This provision shall not be allowed to increase the height,
floor area, net livable area or net leasable area of a building beyond what is the minimum necessary required
to comply with the Building Code.
F. Special events. Special events permitted by the City shall be exempt from this Chapter.
G. Accessory dwelling units and carriage houses. The development of accessory dwelling units
(ADUs) and carriage houses shall be exempt from the provisions of this Chapter but subject to the
provisions of Chapter 26.520, Accessory Dwelling Units and Carriage Houses.
H. Retractable canopies and trellis structures. Trellis structures and retractable canopies
appended to a commercial or lodging structure shall be exempt from growth management provided that: a)
there is no expansion of floor area; and b) the canopy or trellis structure is not enclosed by walls, screens,
windows or other enclosures. Awnings shall be exempt from this Chapter.
I. Public infrastructure. The development of public infrastructure such as roads, bridges,
waterways, utilities and associated poles, wires, conduits, drains, hydrants and similar items considered
essential services shall be exempt from growth management. Essential public facilities shall not be exempt
and shall be reviewed pursuant to Section 26.470.110.D, Essential public facilities. (Also see definition of
essential services, Section 26.104.100)
(Ord. No. 6, 2019, §4; Ord. No. 13-2021, §2)
26.470.080. General Review Standards.
All Planning and Zoning Commission and City Council applications for growth management review shall
comply with the following standards.
A. Sufficient Allotments: Sufficient growth management allotments are available to
accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications for multi-
year development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet this standard for
the growth management years from which the allotments are requested.
B. Development Conformance: The proposed development conforms to the requirements and
limitations of this Title, of the zone district or a site specific development plan, any adopted regulatory
master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission
approval, the Conceptual Commercial Design Review approval and the Planned Development – Project
Review approval, as applicable.
C. Public Infrastructure and Facilities. The proposed development shall upgrade public
infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the
developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and
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communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road
and transit services.
D. Affordable Housing Mitigation.
1) For commercial development, sixty-five percent (65%) of the employees generated by the
additional commercial net leasable space, according to Section 26.470.050.B, Employee
generation rates, shall be mitigated through the provision of affordable housing.
2) For lodge development, sixty-five percent (65%) of the employees generated by the additional
lodge pillows, according to Section 26.470.050.B, Employee generation rates, shall be mitigated
through the provision of affordable housing. For the redevelopment or expansion of existing
lodge uses, see section 26.470.100.G.
3) For the redevelopment of existing commercial net leasable space that did not previously mitigate
(see Section 26.470.070.F), the mitigation requirements for affordable housing shall be phased
at 15% beginning in 2017, and by 3% each year thereafter until 65% is reached, as follows:
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Development Order applied for
during calendar year -
Mitigation required
(percent of employees generated by the
existing space that has previously not
mitigated)
2017 15%
2018 18%
2019 21%
2020 24%
2021 27%
2022 30%
2023 33%
2024 36%
2025 39%
2026 42%
2027 45%
2028 48%
2029 51%
2030 54%
2031 57%
2032 60%
2033 63%
2034 65%
4) Unless otherwise exempted in this chapter, when a change in use between development
categories is proposed, the employee mitigation shall be based on the use the development is
converting to. For instance, if a commercial space is being converted to lodge units, the
mitigation shall be based on the requirements for lodge space, outlined in subsection 2, above.
Conversely, if lodge units are being converted to commercial space, the mitigation shall be based
on the requirements for commercial space, outlined in subsections 1 and 3, above.
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5) For new residential subdivisions and new multifamily free-market residential development,
affordable housing net livable area shall be provided in an amount equal to at least thirty percent
(30%) of the additional free-market residential net livable area. See sections 26.470.100.H and
I.
6) For new, redeveloped, or renovated single-family and duplex residential development, or the
affordable housing mitigation requirements are established by 26.470.090.A and C.
7) For the expansion of existing multi-family units, affordable housing mitigation requirements are
established bu 26.470.090.B.
5)8) For the demolition of redevelopment of existing multi-family housing, affordable housing
mitigation requirements are established by 26.470.100 D.
6)9) For essential public facility development, mitigation shall be determined based on Section
26.470.110.D.
7)10) For all affordable housing units that are being provided as mitigation pursuant to this chapter
or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or
for any other reason:
i. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority Employee Housing Regulations and Affordable Housing Development Policy, as
amended.
ii. Required affordable housing may be provided through a mix of methods outlined in this
chapter, including newly built units, buy down units, certificates of affordable housing
credit, or cash-in-lieu.
iii. Affordable housing that is in the form of newly built units or buy-down units shall be located
on the same parcel as the proposed development or located off-site within the City limits.
Units outside the City limits may be accepted as mitigation by the City Council, pursuant to
Section 26.470.110.B. When off-site units within City limits are proposed, all requisite
approvals shall be obtained prior to approval of the growth management application.
iv. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit,
pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120,
Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section
26.470.050.F, Employee/Square Footage Conversion.
v. If the total mitigation requirement for a project is less than 0.1 FTEs, a cash-in-lieu payment
may be made by right. If the total mitigation requirement for a project is 0.1 or more FTEs,
a cash-in-lieu payment shall require City Council approval, pursuant to Section
26.470.110.C.
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vi. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D, Affordable
housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation
units at a lower category designation.
vii. Each unit provided shall be designed such that the finished floor level of fifty percent (50%)
or more of the unit's net livable area is at or above natural or finished grade, whichever is
higher. This dimensional requirement may be varied through Special Review, Pursuant to
Chapter 26.430
11) Affordable housing units that are being provided absent a requirement ("voluntary units") may
be deed-restricted at any level of affordability, including residential occupied (RO).
12) Residential Mitigation Deferral Agreement For property owners qualified as a full-time
local working resident, an affordable housing mitigation Deferral Agreement may be accepted
by the City of Aspen subject to the Aspen/Pitkin County Housing Authority Employee Housing
Regulations. This allows deferral of the mitigation requirement for residential development
until such time as the property is no longer owned by a full-time local working resident. Staff
of the City of Aspen Community Development Department and Staff of the Aspen/Pitkin County
Housing Authority can assist with the procedures and limitations of this option. The City
Attorney and Community Development Director shall prescribe the form to be used for a
Deferral Agreement. A copy of the Deferral Agreement form is on file with the City of Aspen
Community Development Department.
The required mitigation shall be calculated to the FTE and then multiplied by the codified Fee-
in-Lieu at the time of building permit submission. This amount will be identified in the deferral
agreement. Following the establishment of the initial mitigation requirement in the Deferral
Agreement, the amount of mitigation initially identified shall increase annually by the CPI for
each year that the deferral agreement is in effect until such time that the deferral agreement is
terminated following sale to a non-resident. The term “CPI” shall mean the Consumer Price
Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, not seasonally
adjusted, 1984=100 reference base; published by the United States Department of Labor, Bureau
of Labor Statistics. The calculation of the value of the mitigation required at the time of the
termination of the Ddeferral Aagreement may be completed using a commonly available
calculator that aggregates the CPI over time. The term of the calculation shall be the month of
the initial execution of the Ddeferral Aagreement and the most recent index month available at
the time of release of the Ddeferral Aagreement. The provision describing this regular annual
increase shall be described in the Ddeferral Aagreement.
Should a property with a Ddeferral Aagreement in place be sold to a qualified resident, a new
Ddeferral Aagreement shall be established, identifying the initial mitigation requirement, and an
inclusion of the continued annual increases that will continue to accrue from the date of initiation
of the original deferral agreement. The initiation date of the original deferral agreement shall be
identified in the new deferral agreement.
Deferral Agreements initiated prior to July 28, 2022, shall remain in effect and are not subject
to the stipulations described in the paragraphs above. If desired, the parties to a previously
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established deferral agreement may, at their discretion, enter into a new deferral agreement that
that updates the terms to be consistent with the provisions identified above.
(Ord. No. 12, 2019, §2 & 3; Ord. No. 12, 2021, §2; Ord. No. 13-2021, §3)
26.470.090 Administrative applications.
The following types of development shall be approved, approved with conditions or denied by the
Community Development Director, pursuant to Section 26.470.060, Procedures for Review, and the criteria
described below. Except as noted, all administrative growth management approvals shall not be deducted
from the annual development allotments. All approvals apply cumulatively.
A. Single-Family and Duplex Residential Development or Expansion that does not trigger
Demolition, pursuant to 26.580.
The following types of free-market residential development do not require a development allotment and
may proceed to building permit absent the need of any other land use reviews. These types of
development shall require the provision of affordable housing mitigation in one of the methods
described in subsection 3 below.
1) This section applies to the new development of a single-family, two detached residential units,
or a duplex dwelling on a lot in one of the following conditions:
a. A lot created by a lot split, pursuant to Subsection 26.480.060.A.
b. A lot created by a historic lot split, pursuant to Subsection 26.480.060.B, when the subject lot
does not itself contain a historic resource.
c. A lot that was subdivided or was a legally described parcel prior to November 14, 1977, that
complies with the provisions of Subsection 26.480.020, Subdivision: applicability,
prohibitions, and lot merger.
2) Mitigation shall be based off of tThe net increase of Mitigation Floor Area of an existing single-
family, two detached residential units on a single lot, or a duplex dwelling, during remodeling
and renovation scenarios when the definition of Demolition is not met, regardless of when the
lot was subdivided or legally described.
3) The applicant shall have four (4) options for providing the required aAffordable housing
mitigation requirements for the two types of free-market residential development described
above shall be as follows. The applicant shall have four options:
a. Recording a resident-occupancy (RO), or lower, deed restriction on the single-family dwelling
unit or one of the residences if a duplex or two detached residences are developed on the
property. An existing deed restricted unit does not need to re-record a deed restriction.
b. Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen
Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may
require certain improvements) in a size equal to or larger than 30% of the Allowable Floor Area
increase to the Free-Market unit. The mitigation unit must be deed-restricted as a "for sale"
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Category 2 (or lower) housing unit and transferred to a qualified purchaser according to the
provisions of the Aspen/Pitkin County Housing Authority Guidelines.
c. Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing Credit in
a full-time-equivalent (FTE) amount based on the following schedule:
i. Employment Generation Rate : .12 employees per 1,000 square feet of Mitigation
Floor Area.
i. The above generation rates are based on a study of employment generation of Aspen
residences, from both initial construction and ongoing operation, performed
by RRC Associates of Boulder, Colorado, dated May XX, 2022.
ii. Affordable housing mitigation must be provided at a Category 2 (or lower) rate.
Certificates must be extinguished pursuant to the procedures of Chapter 26.540,
Certificates of Affordable Housing Credit. Fee-in-lieu rates shall be those stated in
Section 26.470.100 – Calculations; Employee Generation and Mitigation, in effect
on the date of application acceptance. Providing a fee-in-lieu payment in excess of
.10 FTE shall require City Council approval, pursuant to Section 26.470.110.C.
4) Additional Mitigation requirements:
a. The calculation of Mitigation Floor Area for the purposes of determining employee generation
and required mitigation shall be based on the definition of “Mitigation Floor Area” in
26.104.100, Definitions, and further discussed in 25.575.020.XX.
b. See Figure 2, in 26.575.020.D, for a depiction of “Measuring to Face of Framing” in
calculating Floor Area from exterior wall.
c. For new construction on a vacant lot, all Mitigation Floor Area shall be included in the
calculation of employee generation and required mitigation.
d. For redevelopment or renovation of an existing single-family or duplex that does not meet the
requirements of Demolition (26.580), only new, additional Mitigation Floor Area shall be
calculated towards employee generation and required mitigation.
e. The calculation of the Employment Generation shall be assessed per dwelling unit. Duplex
dwelling units do not combine their Mitigation Floor Area for one calculation.
f. An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements
of this Title, shall be calculated as Mitigation Ffloor Aarea of the primary dwelling.
g. The above generation rates are based on a study of employment generation of Aspen
residences, from both initial construction and ongoing operation, performed by RRC
Associates of Boulder, Colorado, dated May XX, 2022.
Example 1: A new home of 3,400 square feet of Mitigation Floor Area on a vacant lot
created by a historic lot split. The applicant must provide affordable housing mitigation for
.41 FTEs.
3,400 / 1,000 x .12 = .41
In this example the applicant may provide a Certificate of Affordable Housing Credit or
request City Council accept a fee-in-lieu payment.
Example 2: An existing home of 4,500 square feet of Mitigation Floor Area is expanded by
250 square feet of Mitigation Floor Area. The renovation does not meet the definition of
Demolition. The applicant must provide affordable housing mitigation for .03 FTEs.
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250/1000 x.12 = .03
In this example the applicant may provide a Certificate of Affordable Housing Credit or a
fee-in-lieu payment.
a.d. An affordable housing mitigation Deferral Agreement may be accepted by the City of Aspen
pursuant to section 26.470.080.D.12.
A. Single-Family and Duplex Residential Development or Expansion. The following types of
free-market residential development shall require the provision of affordable housing in one of the methods
described below:
1) The development of a single-family, two detached residential units, or a duplex dwelling on a
lot in one of the following conditions:
a. A lot created by a lot split, pursuant to Subsection 26.480.060.A.
b. A lot created by a historic lot split, pursuant to Subsection 26.480.060.B, when the subject lot
does not itself contain a historic resource.
c. A lot that was subdivided or was a legally described parcel prior to November 14, 1977, that
complies with the provisions of Subsection 26.480.020, Subdivision: applicability,
prohibitions, and lot merger.
2) The net increase of Floor Area of an existing single-family, two detached residential units on a
single lot, or a duplex dwelling, regardless of when the lot was subdivided or legally described
and regardless of whether demolition occurs. This type of development shall not require a
growth management allocation and shall not be deducted from the respective annual
development allotments.
3) Affordable housing mitigation requirements for the types of free-market residential development
described above shall be as follows. The applicant shall have four options:
b. Recording a resident-occupancy (RO), or lower, deed restriction on the single-family dwelling
unit or one of the residences if a duplex or two detached residences are developed on the
property. An existing deed restricted unit does not need to re-record a deed restriction.
c. Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen
Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may
require certain improvements) in a size equal to or larger than 30% of the Floor Area increase
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to the Free-Market unit. The mitigation unit must be deed-restricted as a "for sale" Category 2
(or lower) housing unit and transferred to a qualified purchaser according to the provisions of
the Aspen/Pitkin County Housing Authority Guidelines.
d. Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing Credit in
a full-time-equivalent (FTE) amount based on the following schedule:
Floor Area per dwelling unit Employment Generation Rate
First 4,500 square feet (Floor Area) .16 employees per 1,000 square feet
of Floor Area.
Above 4,500 square feet (Floor Area) .36 employees per 1,000 square feet
of Floor Area.
Notes:
- The calculation of the Employment Generation shall be assessed per
dwelling unit. Duplex dwelling units do not combine their floor area for
one calculation.
- An Accessory Dwelling Unit or Carriage House, as defined by and
meeting the requirements of this Title, shall be calculated as floor area of
the primary dwelling.
- When redevelopment of a property adds floor area, the difference between
the generation rates of the existing floor area and the proposed floor area
shall be the basis for determining the number of employees generated. No
refunds shall be provided if Floor Area is reduced.
- When demolition is proposed, the redevelopment shall be credited the
floor area from the demolished residential dwelling unit. Credit from a
demolished dwelling unit cannot be allocated to development on a
different lot.
- The above generation rates are based on a study of employment generation
of Aspen residences, from both initial construction and ongoing operation,
performed by RRC Associates of Boulder, Colorado, dated March 4,
2015.
Affordable housing mitigation must be provided at a Category 2 (or lower) rate. Certificates
must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of
Affordable Housing Credit. Fee-in-lieu rates shall be those stated in Section 26.470.100 –
Calculations; Employee Generation and Mitigation, in effect on the date of application
acceptance. Providing a fee-in-lieu payment in excess of .10 FTE shall require City Council
approval, pursuant to Section 26.470.110.C.
Example 1: A new home of 3,400 square feet of Floor Area on a vacant lot created by a
historic lot split. The applicant must provide affordable housing mitigation for .54 FTEs.
3,400 / 1,000 x .16 = .54
In this example the applicant may provide a Certificate of Affordable Housing Credit or
request City Council accept a fee-in-lieu payment.
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Example 2: An existing home of 4,400 square feet of Floor Area is expanded by 250 square
feet of Floor Area. The applicant must provide affordable housing mitigation for .07 FTEs,
the difference in employee generation of the two house sizes.
(4,500 / 1,000 x .16) + (150 / 1,000 x .36) – (4,400 / 1,000 x .16) = .07
In this example the applicant may provide a Certificate of Affordable Housing Credit or a
fee-in-lieu payment.
e. For property owners qualified as a full-time local working resident, an affordable housing
mitigation deferral agreement may be accepted by the City of Aspen subject to the Aspen/Pitkin
County Housing Authority Guidelines. This allows deferral of the mitigation requirement until
such time as the property is no longer owned by a full-time local working resident. Staff of the
City of Aspen Community Development Department and Staff of the Aspen/Pitkin County
Housing Authority can assist with the procedures and limitations of this option.
B. Multi-Family Residential Expansion. The following types of free-market residential development
does not require the awarding of a development allotment and may proceed directly to building
permit. This type of development shall require the provision of affordable housing mitigation in one
of the methods described below.
1) The net increase of Mitigation Floor Area of an existing free-market multi-family unit or structure,
regardless of when the lot was subdivided or legally described and provided Ddemolition does not
occur. (When demolition occurs, see Section 26.470.100.E, Demolition or redevelopment of multi-
family housing.)
2) Affordable housing mitigation requirements for the type of free-market residential development
described above shall be as follows. The applicant shall have four options:
a. Recording a resident-occupancy (RO), or lower, deed restriction on the dwelling unit(s)
being expanded. An existing deed restricted unit does not need to re-record a deed
restriction.
b. Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen
Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may
require certain improvements) in a size equal to or larger than 30% of the Allowable Floor
Area increase to the Free-Market unit(s). The mitigation unit(s) must be deed-restricted as
a "for sale" Category 2 (or lower) housing unit and transferred to a qualified purchaser
according to the provisions of the Aspen/Pitkin County Housing Authority Guidelines.
c. Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing Credit
in a full-time-equivalent (FTE) amount based on the following schedule:
i. Employment Generation Rate: .12 employees per 1,000 square feet of Floor Area
ii. When a unit adds Ffloor Aarea, the difference between the generation rates of the
existing Mitigation Ffloor Aarea and the proposed Mitigation fFloor Aarea shall be
the basis for determining the number of employees generated. No refunds shall
be provided if Floor Area is reduced.
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iii. Affordable housing mitigation must be provided at a Category 2 (or lower) rate.
Certificates must be extinguished pursuant to the procedures of Chapter 26.540,
Certificates of Affordable Housing Credit. Fee-in-lieu rates shall be those stated in
Section 26.470.050 – Calculations; Employee Generation and Mitigation, in effect
on the date of application acceptance. Providing a fee-in-lieu payment in excess of
.10 FTE shall require City Council approval, pursuant to Section 26.470.110.C.
Example 1: A multi-family unit of 1,400 square feet of Floor Area is expanded by 400
square feet of Mitigation Floor Area. The applicant must provide affordable housing
mitigation for .05 FTEs.
400 / 1,000 x .12 = .05
In this example the applicant may provide a Certificate of Affordable Housing Credit or a
fee-in-lieu payment.
Example 2: A multi-family unit of 1,400 square feet of Floor Area is expanded by 1,000
square feet of Mitigation Floor Area. The applicant must provide affordable housing
mitigation for .12 FTEs, the difference in employee generation of the two unit sizes.
1000 / 1,000 x .12 = .12
In this example the applicant may provide a Certificate of Affordable Housing Credit or
request City Council accept a fee-in-lieu payment.
a.
d. An affordable housing mitigation Deferral Agreement may be accepted by the City of Aspen
pursuant to section 26.470.080.D.12.
4) Additional mitigation requirements and information:
a. The above generation rates are based on a study of employment generation of Aspen
residences, from both initial construction and ongoing operation, performed by RRC
Associates of Boulder, Colorado, dated May XX, 2022.
b. The calculation of Mitigation Floor Area for the purposes of determining employee
generation and required mitigation shall be based on the definition of “Mitigation Floor
Area” in 26.104.100, Definitions, and further discussed in 25.575.020.XX.
B. Multi-Family Residential Expansion. The following types of free-market residential
development shall require the provision of affordable housing in one of the methods described below:
4) The net increase of Floor Area of an existing free-market multi-family unit or structure,
regardless of when the lot was subdivided or legally described and provided demolition does not
occur. (When demolition occurs, see Section 26.470.100.E, Demolition or redevelopment of
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multi-family housing.) This type of development shall not require a growth management
allocation and shall not be deducted from the respective annual development allotments
established pursuant to Section 26.470.040.
5) Affordable housing mitigation requirements for the type of free-market residential development
described above shall be as follows. The applicant shall have four options:
b. Recording a resident-occupancy (RO), or lower, deed restriction on the dwelling unit(s)
being expanded. An existing deed restricted unit does not need to re-record a deed
restriction.
c. Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen
Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may
require certain improvements) in a size equal to or larger than 30% of the Floor Area increase
to the Free-Market unit(s). The mitigation unit(s) must be deed-restricted as a "for sale"
Category 2 (or lower) housing unit and transferred to a qualified purchaser according to the
provisions of the Aspen/Pitkin County Housing Authority Guidelines.
d. Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing Credit
in a full-time-equivalent (FTE) amount based on the following schedule:
Floor Area per dwelling unit Employment Generation Rate
square feet of expansion (Floor Area) .18 employees per 1,000 square feet of
Floor Area
Notes:
- The calculation of the Employment Generation shall be assessed per dwelling unit.
Multiple dwelling units do not combine their floor area for one calculation.
- When a unit adds floor area, the difference between the generation rates of the existing
floor area and the proposed floor area shall be the basis for determining the number of
employees generated. No refunds shall be provided if Floor Area is reduced.
- When demolition is proposed, please see Section 26.470.100.E – Demolition or
Redevelopment of Multi-Family Housing. Projects
- The above generation rates are based on a study of employment generation of Aspen
residences, from both initial construction and ongoing operation, performed by RRC
Associates of Boulder, Colorado, dated March 4, 2015.
Affordable housing mitigation must be provided at a Category 2 (or lower) rate. Certificates
must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of
Affordable Housing Credit. Fee-in-lieu rates shall be those stated in Section 26.470.050 –
Calculations; Employee Generation and Mitigation, in effect on the date of application
acceptance. Providing a fee-in-lieu payment in excess of .10 FTE shall require City Council
approval, pursuant to Section 26.470.110.C.
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Example 1: A multi-family unit of 1,400 square feet of Floor Area is expanded by 400
square feet of Floor Area. The applicant must provide affordable housing mitigation for .09
FTEs.
500 / 1,000 x .18 = .09
In this example the applicant may provide a Certificate o f Affordable Housing Credit or a
fee-in-lieu payment.
Example 2: A multi-family unit of 1,400 square feet of Floor Area is expanded by 2,600
square feet of Floor Area. The applicant must provide affordable housing mitigation for .47
FTEs, the difference in employee generation of the two unit sizes.
2,600 / 1,000 x .18 = .47
In this example the applicant may provide a Certificate of Affordable Housing Credit or
request City Council accept a fee-in-lieu payment.
e. For property owners qualified as a full-time local working resident, an affordable housing
mitigation deferral agreement may be accepted by the City of Aspen subject to the
Aspen/Pitkin County Housing Authority Guidelines. This allows deferral of the mitigation
requirement until such time as the property is no longer owned by a full-time local working
resident. Staff of the City of Aspen Community Development Department and Staff of the
Aspen/Pitkin County Housing Authority can assist with the procedures and limitations of
this option.
C. Single-Family and Duplex Redevelopment or Expansion that does trigger Demolition as
defined by Section 26.580. Demolition and Redevelopment of Single-Family and Duplex
properties shall require a land use application pursuant to Section 26.304, the allocation of a Growth
Management allotment, and shall provide affordable housing mitigation in one of the methods
described below.
1. Applicability
This review shall apply to all applications for development and redevelopment of single-family and
duplex development that is established as Demolition in Section 26.580, unless otherwise exempted
in Section 26.580.050.
2. Procedures for Review
a. General. An application for a GMQS review of the Demolition and Redevelopment of a single-
family or duplex project shall be submitted (subject to the requirements of 26.304, 26.580 and
26.470.090.C) and will considered in an Administrative Review by the Community
Development Director. Following review, an approval would be granted by a recorded Notice
of Approval and the issuance of a Development Order. On a single parcel, the Demolition of a
Single Family, two detached dwellings, or Duplex residential structure shall require one
allotment.
b. Determination of Applicability. The applicant may request a preliminary Demolition pre-
application conference with Community Development staff to determine the applicability of the
Chapter and the application submission requirements. If a project is likely to trigger Demolition,
a meeting should be set up with a Zoning Officer to confirm if the project is subject to Section
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26.580 – Demolition. An applicant must request a Pre-application conference summary
outlining application requirements when a project triggers Demolition pursuant to Section
26.580 - Demolition.
c. Timing. Applications for a Demolition Allotment shall be received and processed on a first
come, first serve basis. An application shall not be reviewed or considered until determined
“Complete” per 26.304. An application may be submitted concurrently with a building permit
application for the project. Once determined “Complete” the application will be considered in
order with any other “Complete” applications, based on the date and time at which the
applications were determined “Complete”. Once in review, the ordering of applications for
consideration of an allotment will remain.
d. Residential Demolition and Redevelopment Standards. This document sets the standards under
which a redevelopment project will be reviewed and will serve as the basis under which a project
will be approved for the issuance of a development allotment. This document, as amended from
time to time, is available on Community Development’s web page or may be requested from a
staff planner.
e. Combined Reviews. An application for growth management review may be a combined with
development applications for other associated land use reviews, pursuant to Section
26.304.060.b.1, Combined Reviews.
f. Variations. An application requesting a Variation of the Residential Demolition and
Redevelopment Standards, or the review standards identified below, shall be processed as a
Special Review in accordance with the common development review procedures set forth in
26.304. The Special Review (26.430.040.J) shall be considered a public hearing for which
notice has been provided pursuant to 26.304.060.e.3. Review is by the Planning and Zoning
Commission. In this case, the granting of the development allotment would not be granted until
Planning and Zoning Commission approves the special review.
g. Insufficient Demolition allotments. Any property owner within the City who is prevented from
redeveloping a property because that year's Demolition allotments have been entirely allocated
may apply for City Council Review for a Multi-Year Development Allotment subject to
26.470.110.A.
3. Review Standards for projects requesting a Demolition Allotment
a. Adequate growth management allotments are available for the project and the project
meets any applicable review criteria in Chapter 26.470 – Growth Management Quota
System.
b. The project shall meets the requirements of the Residential Demolition and Redevelopment
Standards prior to building permit issuance. The project shall be subject to the Residential
Demolition and Redevelopment Standards in effect at the time of building permit submission is
deemed complete.
4. Application Contents
Applications for a Demolition allotment shall include all application requirements outlined in
Section 26.470.130 and Section 26.304, in addition to the following:
a. Demolition diagrams depicting total area to be demolished consistent with the methodology
outlined in Section 26.580.050.
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b. A written response to all applicable review criteria, including responses to the Residential
Demolition and Redevelopment Standards, as amended from time to time pursuant to Section
26.580.
5. Affordable Housing Mitigation Requirements:
A. Affordable housing mitigation requirements for free-market residential development that
triggers Demolition pursuant to 26.580, shall be as follows. The applicant shall have four
options:
i.Recording a resident-occupancy (RO), or lower, deed restriction on the single-family dwelling
unit or one of the residences if a duplex or two detached residences are developed on the
property. An existing deed restricted unit does not need to re-record a deed restriction.
ii.Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen
Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may
require certain improvements) in a size equal to or larger than 30% of the Allowable Floor
Area increase to the Free-Market unit. The mitigation unit must be deed-restricted as a "for
sale" Category 2 (or lower) housing unit and transferred to a qualified purchaser according
to the provisions of the Aspen/Pitkin County Housing Authority Guidelines.
iii.Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing Credit in
a full-time-equivalent (FTE) amount based on the following schedule:
a. Employment Generation Rate: .12 per 1000 square feet of Mitigation Floor Area
b. For redevelopment or renovation of an existing single-family or duplex that meets the
definition of Demolition (26.104.100), all Mitigation Floor Area (existing and new) shall be
calculated toward employee generation and required mitigation.
c. Affordable housing mitigation must be provided at a Category 2 (or lower) rate.
Certificates must be extinguished pursuant to the procedures of Chapter 26.540,
Certificates of Affordable Housing Credit. Fee-in-lieu rates shall be those stated in
Section 26.470.100 – Calculations; Employee Generation and Mitigation, in effect
on the date of application acceptance. Providing a fee-in-lieu payment in excess of
.10 FTE shall require City Council approval, pursuant to Section 26.470.110.C.
iv. An affordable housing mitigation Deferral Agreement may be accepted by the City of
Aspen pursuant to section 26.470.080.D.12.
B. Additional Mitigation requirements and information:
i. See Figure 2, in 26.575.020.D, for a depiction of “Measuring to Face of Framing” in
calculating Floor Area from exterior wall.
i.
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ii. The calculation of Mitigation Floor Area for the purposes of determining employee
generation and required mitigation shall be based on the definition of “Mitigation Floor Area”
in 26.104.100, Definitions, and further discussed in 25.575.020.XX
ii.iii. The above generation rates are based on a study of employment generation of Aspen
residences, from both initial construction and ongoing operation, performed by RRC
Associates of Boulder, Colorado, dated May XX.
iv. Demolition that occurs as a result of an act of nature or through any manner not purposefully
accomplished by the owner, shall be evaluated by Community Development Director, and a
credit for existing Mitigation Floor Area may be issued toward the reconstruction of the
home, See 26.580.
v. The calculation of the Employment Generation shall be assessed per dwelling unit. Duplex
dwelling units do not combine their Mitigation Floor Area for one calculation.
iii.vi. An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements
of this Title, shall be calculated pursuant to Section 26.575.020.D.
Example: An existing home is redeveloped in a fashion that meets the definition of Demolition. The
redeveloped home has a Mitigation Floor Area of 5,700 sf.
(5,700/1000 x .12) = .68 FTE
In this example the applicant may provide a Certificate of Affordable Housing Credit or request
City Council accept a fee-in-lieu payment.
D. 100% Affordable Housing Development. All applications for the development of projects that are
comprised of 100% affordable housing units, deed-restricted in accordance with the Aspen Pitkin
County Housing Authority Regulations, shall be first reviewed administratively for compliance with
this Chapter and relevant criteria as described below. Projects found by the Community
Development Director to be in full conformance, shall be approved or approved with conditions by
recordation of a Notice of Approval and the issuance of a development order. Applications that are
not found to be in conformance with this section, shall be subject to GMQS Review with the
Planning and Zoning Commission per 26.470.100.C, or the application may be amended to bring
the project into conformance for administrative approval.
1) To be approved administratively, a project must meet the following criteria:
a. “For sale” or rental units.
i. The proposed units shall be deed-restricted as “for sale” units and transferred to
qualified purchasers according to the Aspen Pitkin County Housing Authority
Regulations. The developer of the project may be entitled to select the first
purchasers, subject to the aforementioned qualifications, pursuant to the Aspen
Pitkin County Housing Authority Regulations. The deed restriction may
authorize the Aspen Pitkin County Housing Authority or the City to own the
unit and rent it to qualified renters as defined in the Aspen Pitkin County
Housing Authority Regulations, as amended.; or
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ii. The proposed units may be rental units, including but not limited to rental units
owned by an employer, government or quasi-government institution, or non-
profit organization if a legal instrument in a form acceptable to the City Attorney
ensures permanent affordability of the units. The City encourages affordable
housing associated for lodge development to be rental units associated with the
lodge operation and contributing to the long-term viability of the lodge; or.
iii. A combination of “for sale” and rental units.
b. The units in the project comply with the Aspen Pitkin County Housing Authority
Regulations and Affordable Housing Development Policy, as amended.
c. The project meets all dimensional requirements of the underlying Zone District as
described in Chapter 26.710 and does not require the approval of a variance of any kind
from the provisions of 26.575.020. Calculations and Measurements.
d. The project meets all provisions of 26.410. Residential Design Standards and is
compliant with Commercial Lodging and Historic District Design Standards and
Guidelines (if applicable).
e. The project is in conformance with the requirements of Chapter 26.515, Transportation
and Parking Management.
f. If a project is pursuing Certificates of Affordable Housing Credit, the requirements of
26.540 shall be met.
g. A project approved under this administrative process may be comprised of Category
and/or Resident-Occupied (RO) units.
h. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of each unit’s net livable area is at or above natural or finished grade,
whichever is higher.
i. For projects that are located within a Historic District, but do not contain a historic
resource, and for designated sites that do not contain a historic resource, compliance
with the following guidelines from the Historic Preservation Design Guidelines will be
evaluated administratively by Historic Preservation Staff and assigned monitor from the
Historic Preservation Commission:
i. Create porosity on the site (1.1).
ii. Ensure proportions of historic buildings in the district are incorporated into new
structures (11.3).
iii. Design a new structure to be recognized as a product of its time (11.6).
iv. Landscaping
Refer to the Historic Preservation Design Guidelines for more information on
meeting these requirements.
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2) For properties that are designated historic and contain a historic resource, the following review
process and requirements apply:
a. If an addition of new construction is proposed and the new construction is proposed as
detached from the historic resource(s) with a separation of at least 10 feet, a project may be
reviewed under this section. If not, the project is fully subject to the requirements of Chapter
26.415, Historic Preservation, including a review of the full project by the Historic
Preservation Commission.
b. Prior to an administrative review as defined by 26.470.090.D., above, a project would be
reviewed in a 1-step review in a public hearing with the Historic Preservation Commission
on the following aspects of the project:
i. Relocation: HPC shall not deny relocation, but will conduct a review to
determine the most appropriate siting for the historic structure that
accommodates the full allowed development rights for the property. All
elements of any new construction must be at least 10’ from the resource on
all sides. HPC may approve setback variations for the placement of the
historic resource. as necessary.
ii. Demolition: HPC will review all proposed demolition affecting the historic
resource to ensure that only non-historic fabric is removed.
iii. The applicant will be required to complete all necessary repairs to historic fabric
including exterior materials, doors and windows, and must complete up to three
restoration actions prioritized by HPC to improve the integrity of the historic
resource. Examples might be: re-open an enclosed porch, restore the original
design of a street facing window, restore missing details such as decorative
porch trim.
iv. Landscaping
v. Floor Area bonuses may not be granted under this review.
c. Following approval by HPC in the form of a Resolution, the results of the HPC review will
be incorporated into the administrative review described above in 26.470.090.D.1
Application Materials. In addition to the application materials required by section 26.470.130
and 26.304, the following shall be included in an application for administrative review of a
100% affordable housing project:
a. Floor Plans – that include detailed drawings of individual units including floor area and net
livable area for the entire site and unit by unit breakdown.
b. Elevations that provide detail on height and fenestration.
c. Parking Plan – that includes detail on access and relationship to the right-of-way.
d. Residential Design Standards Application
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e. Narrative that describes the unit types and sizes, proposed categories of units, unit and
project amenities and otherwise describes compliance with 26.470.090.C.1.a-i.
f.
Any necessary submittal items necessary to provide sufficient detail in meeting the review
standards identified in 26.470.090.D.1.i or 26.470.090.D.2 above. This may include site
plans, relocation plans, demolition plans, landscaping plans etc. for projects subject to the
identified elements of the Historic Preservation Design Guidelines.
3) Review Process.
a. Application is submitted and accepted for review consistent with 26.304. Common
Development Procedures.
b. APCHA, Engineering, Environmental Health and Parks shall be formal referral agencies on
the application to identify any necessary conditions of approval.
c. While not required, it is highly encouraged that a meeting with the Development Review
Committee is scheduled prior to approval to resolve any potential issues at this early stage
of the design process to facilitate a more efficient building permit review.
d. If applicable, an HPC approval, pursuant to 26.470.090.D.2 shall be completed before the
completion of the administrative review process.
e. Approval shall be granted by the Community Development Director in the form of a
recorded Notice of Approval. A Development Order shall be subsequently issued.
f. Public Notice of the Development Order shall be made consistent with the requirements of
26.304. Common Development Procedures.
E. Minor expansion of a commercial, lodge or mixed-use development. The minor
enlargement of a property, structure or portion of a structure for commercial, lodge or mixed-use
development when demolition is not triggered shall be approved, approved with conditions or denied
by the Community Development Director based on the following criteria. The additional development
of uses identified in Section 26.470.020 shall not be deducted from the respective annual development
allotments.
a. The expansion involves no more than five-hundred (500) square feet of net leasable space,
no more than two-hundred-fifty (250) square feet of Floor Area, and no more than three (3)
additional hotel/lodge units. No employee mitigation shall be required.
b. The expansion involves no residential units.
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c. This shall be cumulative and shall include administrative GMQS approvals granted prior to
the adoption of Ordinance No. 22, Series of 2013.
d. When demolition is triggered, the application shall be reviewed pursuant to Section
25.470.100(F), Expansion or new commercial development.
C.F. Sale of locally-made products in common areas of commercial buildings. Commercial
use of common areas within commercial and mixed-use buildings which contain commercial use
(a.k.a. “non-unit spaces,” “arcades,” “hallways,” “lobbies,” or “malls”) shall be approved, approved
with conditions or denied by the Community Development Director based on the following criteria.
1) Products shall be limited to arts, crafts, or produce designed, manufactured, created, grown, or
assembled in the Roaring Fork Valley, defined as the watershed of the Roaring Fork River plus
the municipal limits of the City of Glenwood Springs. Exempt from these product and
geographic limitations are items sold by a hardware store adjacent to the common area and items
incidental to arts, crafts, and produce such as frames and pedestals.
2) The area can be used by an existing business within the building or by “stand-alone” businesses.
Multiple spaces may be created.
3) These areas shall not be considered net leasable space for the purposes of calculating impact
fees or redevelopment credits. No employee mitigation shall be required. Compliance with all
zoning, building, and fire codes is mandatory.
D.G. Outdoor food/beverage vending license. Outdoor food/beverage vending shall be
approved, approved with conditions or denied by the Community Development Director based on the
following criteria:
1) Location. All outdoor food/beverage vending must be on private property and may be located
in the Commercial Core (CC), Commercial (C1), Neighborhood Commercial (NC), or
Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public property
that is subject to an approved mall lease. Additional location criteria:
a. The operation shall be in a consistent location as is practically reasonable and not intended
to move on a daily basis throughout the duration of the permit.
b. Normal operation, including line queues, shall not inhibit the movement of pedestrian or
vehicular traffic along the public right-of-way.
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c. The operation shall not interfere with required emergency egress or pose a threat to public
health, safety and welfare. A minimum of six (6) foot ingress/egress shall be maintained for
building entrances and exits.
2) Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square feet
per operation. The area of activity shall be defined as a counter area, equipment needed for the
food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.),
and the space needed by employees to work the food vending activity.
3) Signage. Signage for outdoor food/beverage vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited
Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area
of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart.
Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food
carts may have a sandwich board sign in accordance with the regulations found within Chapter
26.510.
4) Environmental Health Approval. Approval of a food service plan from the Environmental
Health Department is required. The area of outdoor food vending activities shall include
recycling bins and a waste disposal container that shall be emptied daily and stored inside at
night and when the outdoor food vending activities are not in operation. Additionally, no
outdoor, open-flame char-broiling shall be permitted pursuant to Municipal Code Section
13.08.100, Restaurant Grills.
5) Building and Fire Code Compliance. All outdoor food/beverage vending operations must
comply with adopted building and fire codes. Applicants are encouraged to meet with the City’s
Building Department to discuss the vending cart/stand.
6) Application Contents. An application for a food/beverage vending license shall include the
standard information required in 26.304.030.B, plus the following:
a. Copy of a lease or approval letter from the property owner.
b. A description of the operation including days/hours of operation, types of food and beverage
to be offered, a picture or drawing of the vending cart/stand, and proposed signage.
c. The property survey requirement shall be waived if the applicant can demonstrate how the
operation will be contained on private property.
7) License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year
period beginning on the same the date that the Notice of Approval is signed by the Community
Development Director. This one (1) year period may not be separated into non-consecutive
periods.
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8) License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal the
Community Development Director shall consider the returning vendor’s past performance. This
shall include, but shall not be limited to, input from the Environmental Health Department, Chief
of Police, special event staff, and feedback from adjacent businesses. Unresolved complaints
may result in denial of a renewal request.
9) Business License. The vending operator must obtain a business license.
10) Affordable Housing and Impact Fees Waived. The Community Development Director shall
waive affordable housing mitigation fees and impact fees associated with outdoor food/beverage
vending activities.
11) Maintenance and public safety. Outdoor food/beverage vending activities shall not diminish the
general public health, safety or welfare and shall abide by applicable City regulations, including
but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting
codes, and sales tax license regulations.
12) Abandonment. The City of Aspen may remove an abandoned food/beverage vending operation,
or components thereof, in order protect public health, safety, and welfare. Costs of such
remediation shall be the sole burden of the property owner.
13) Temporary Cessation. The Community Development Director may require a temporary
cancelation of operations to accommodate special events, holidays, or similar large public
gatherings. Such action will be taken if it is determined that the food/beverage cart will create
a public safety issue or create an excessive burden on the event activities.
14) License Revocation. The Community Development Director may deny renewal or revoke the
license and cause removal of the food/beverage vending operation if the vendor fails to operate
consistent with these criteria. An outdoor food/beverage vending license shall not constitute nor
be interpreted by any property owner, developer, vendor, or court as a site specific development
plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter
26.308 of this Title. Licenses granted in this subsection are subject to revocation by the City
Manager or Community Development Director without requiring prior notice.
E.H. Temporary uses and structures. The development of a temporary use or structure shall
be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary and Seasonal
Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if compliant
with applicable sections of Commercial Design Review – Chapter 26.412, and approved pursuant to
Chapter 26.450 Temporary and Seasonal Uses. Tents, external airlocks, and similar temporary or seasonal
enclosures located on commercial properties and supporting commercial use shall only be exempt from the
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provisions of this Chapter, including affordable housing mitigation requirements, if compliant with
applicable sections of Commercial Design Review – Chapter 26.412, if erected for 14 days or less in a 12-
month period, and approved pursuant to Chapter 26.450 – Temporary and Seasonal Uses. Erection of these
enclosures for longer than 14 days in a 12-month period shall require compliance with Commercial Design
Review – Chapter 26.412, and compliance with the provisions of this Chapter including affordable housing
mitigation. Affordable housing mitigation shall be required only for the days in excess of 14 in a 12-month
period. Cash-in-lieu may be paid by-right. The mitigation calculation shall include the expected lifespan
of a building, which is currently 30 years. For instance, a 500 sq. ft. tent proposed to be up for 21 days shall
only require mitigation for seven (7) days. The calculation would be as follows:
Methodology:
• 500 sq. ft. / 1000 sq. ft. = .5 sq. ft.
• .5 sq. ft. x 4.7 FTEs = 2.35 FTEs generated
• 2.35 FTEs x 65% mitigation rate = 1.5275 FTEs to be mitigated if structures are in use 100% of
year
• 1.5275 FTEs / 365 days per year = .004184931 daily rate
• .004184931x 7 days = .029294517FTEs
• .029294517x $223,072 cash-in-lieu rate = $6,534.78
• $6,534.78/ 30 years = $217.82 due for mitigation of the structure for a period of 7 days
(Ord. No. 6, 2019, §5; Ord. No. 12, 2019, §4, §5, §6, §7)
26.470.100 Planning and Zoning Commission applications.
The following types of development shall be approved, approved with conditions or denied by the Planning
and Zoning Commission, pursuant to Section 26.470.060, Procedures for review, and the criteria for each
type of development described below. Except as noted, all growth management applications shall comply
with the general requirements of Section 26.470.080. Except as noted, the following types of growth
management approvals shall be deducted from the annual development allotments. Approvals apply
cumulatively.
A. Change in use. A change in use of an existing property, structure or portions of an existing structure
between the development categories identified in Section 26.470.020 (irrespective of direction), for
which a certificate of occupancy has been issued and which is intended to be reused, shall be
approved, approved with conditions or denied by the Planning and Zoning Commission based on
the general requirements outlined in Section 26.470.080. No more than one (1) free -market
residential unit may be created through the change-in-use.
B. Expansion of free-market residential units within a multi-family or mixed-use project. The
net livable area expansion of existing free-market residential units within a mixed-use project shall
be approved, approved with conditions or denied by the Planning and Zoning Commission based on
the general requirements outlined in Section 26.470.080. The remodeling or expansion of existing
multi-family residential dwellings shall be exempt from growth management as long as no
demolition occurs, pursuant to Section 26.470.070.C. Expansion of existing free-market residential
units shall not require a development allotment
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Affordable Housing. The development of affordable housing that does not qualify for administrative
review and approval under the criteria established in 26.470.090.C, shall be approved, approved with
conditions, or denied by the Planning and Zoning Commission based on the general requirements outlined
in 26.470.080, and all other applicable review criteria of this title. If the affordable housing project is
located in a historic district or on a historically designated property, the Historic Preservation Commission
is the review body for this review. Additionally, the following shall apply to all affordable housing
development:
1. The proposed units shall be deed-restricted as “for sale” units and transferred to qualified purchasers
according to the Aspen Pitkin County Housing Authority Regulations. The developer of the project
may be entitled to select the first purchasers, subject to the aforementioned qualifications, pursuant
to the Aspen Pitkin County Housing Authority Regulations. The deed restriction shall authorize the
Aspen Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters
as defined in the Aspen Pitkin County Housing Authority Regulations, as amended.
2. The proposed units may be rental units, including but not limited to rental units owned by an
employer, government or quasi-government institution, or non-profit organization if a legal
instrument in a form acceptable to the City Attorney ensures permanent affordability of the units.
The City encourages affordable housing associated for lodge development to be rental units
associated with the lodge operation and contributing to the long-term viability of the lodge.
3. A combination of “for sale” and rental units.
C. Affordable housing. The development of affordable housing deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions
or denied by the Planning and Zoning Commission based on the general requirements outlined in
Section 26.470.080.
1) The proposed units shall be deed-restricted as "for sale" units and transferred to qualified
purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner
may be entitled to select the first purchasers, subject to the aforementioned qualifications,
pursuant to the Aspen/Pitkin County Housing Authority Guidelines. The deed restriction shall
authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to
qualified renters as defined in the Affordable Housing Guidelines established by the
Aspen/Pitkin County Housing Authority, as amended.
a. The proposed units may be rental units, including but not limited to rental units owned by
an employer or nonprofit organization, if a legal instrument in a form acceptable to the City
Attorney ensures permanent affordability of the units. The City encourages affordable
housing units required for lodge development to be rental units associated with the lodge
operation and contributing to the long-term viability of the lodge.
b. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin
County or other similar governmental or quasi-municipal agency shall not be subject to this
mandatory "for sale" provision.
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D. Demolition or redevelopment of multi-family housing. The City's neighborhoods have traditionally
been comprised of a mix of housing types, including those affordable by its working residents. However,
because of Aspen's attractiveness as a resort environment and because of the physical constraints of the
upper Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings currently
providing resident housing for tourist and second-home use. Such redevelopment results in the
displacement of individuals and families who are an integral part of the Aspen work force. Given the
extremely high cost of and demand for market-rate housing, resident housing opportunities for displaced
working residents, which are now minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have been
long-standing planning goals of the community. Achievement of these goals will serve to promote a
socially and economically balanced community, limit the number of individuals who face a long and
sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting and
prevent exclusion of working residents from the City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working residents be
provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing Authority
have provided affordable housing both within and adjacent to the City limits. The private sector has also
provided affordable housing. Nevertheless, as a result of the replacement of resident housing with second
homes and tourist accommodations and the steady increase in the size of the workforce required to assure
the continued viability of Aspen area businesses and the City's tourist-based economy, the City has found
it necessary, in concert with other regulations, to adopt limitations on the combining, demolition or
conversion of existing multi-family housing in order to minimize the displacement of working residents, to
ensure that the private sector maintains its role in the provision of resident housing and to prevent a housing
shortfall from occurring.
The combining, demolition (see definition of demolition.), conversion, or redevelopment of multi-family
housing shall be approved, approved with conditions or denied by the Planning and Zoning Commission
based on compliance with the following requirements:
1. Requirements for combining, demolishing, converting or redeveloping free-market multi-family
housing units: Only one (1) of the following two (3) options is required to be met when
combining, demolishing, converting or redeveloping a free-market multi-family residential
property. To ensure the continued vitality of the community and a critical mass of local working
residents, no net loss of density (total number of units) between the existing development and
proposed development shall be allowed.
a. One-hundred-percent replacement. In the event of the demolition of free-market multi-
family housing, the applicant shall have the option to construct replacement housing
consisting of no less than one hundred percent (100%) of the number of units, bedrooms and
net livable area demolished. The replacement units shall be deed-restricted as resident
occupied (RO) affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County
Housing Authority. In summary, this option replaces the demolished free-market units with
an equal number of units, bedrooms and net livable area of deed-restricted, Resident
Occupied (RO) development. An applicant may choose to provide the mitigation units at a
lower category designation. Each replacement unit shall be approved pursuant to Subsection
C, Affordable housing, of this Section.
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When this one-hundred-percent standard is accomplished, the remaining development on
the site may be free-market residential development with no additional affordable housing
mitigation required as long as there is no increase in the number of free-market residential
units on the parcel. Free-market units in excess of the total number originally on the parcel
shall be reviewed pursuant to Section 26.470.110, subsection H or I, Residential
Development – sixty (60%) or seventy (70%) percent affordable as required.
b. Fifty-percent replacement. In the event of the demolition of free-market multi-family
housing and replacement of less than one hundred percent (100%) of the number of previous
units, bedrooms or net livable area as described above, the applicant shall be required to
construct affordable housing consisting of no less than fifty percent (50%) of the number of
units, bedrooms and the net livable area demolished. The replacement units shall be deed-
restricted as Category 4 housing, pursuant to the guidelines of the Aspen/Pitkin County
Housing Authority. In summary, this option replaces the free-market units – with 50% of
the new units, bedrooms and net livable area allowed as free market units and 50% of the
new units, bedrooms and net livable area required as deed-restricted, Category 4, affordable
housing units. An applicant may choose to provide mitigation units at a lower category
designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.100.C,
Affordable housing.
When this fifty-percent standard is accomplished, the remaining development on the site
may be free-market residential development as long as additional affordable housing
mitigation is provided pursuant to Section 26.470.080 – General Requirements, and there is
no increase in the number of free-market residential units on the parcel. Free-market units
in excess of the total number originally on the parcel shall be reviewed pursuant to Section
26.470.100, subsection H or I, Residential Development – sixty (60%) or seventy (70%)
percent affordable as required.
c. One-hundred percent affordable housing replacement. When one-hundred-percent of the
free-market multi-family housing units are demolished and are solely replaced with deed-
restricted affordable housing units on a site that are not required for mitigation purposes,
including any net additional dwelling units, pursuant to Section 26.470.110.D, Affordable
Housing; all of the units in the redevelopment are eligible for a Certificate of Affordable
Housing Credit, pursuant to Section 26.540 Certificate of Affordable Housing Credit. Any
remaining unused free market residential development rights shall be vacated.
2. Requirements for demolishing deed-restricted, affordable multi-family housing units: In the
event a project proposes to demolish or replace existing deed-restricted affordable housing units,
the redevelopment may increase or decrease the number of units, bedrooms or net livable area
such that there is no decrease in the total number of employees housed by the existing units.
The overall number of replacement units, unit sizes, bedrooms and category of the units shall
comply with the Aspen/Pitkin County Housing Authority Guidelines.
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3. Location requirement. Multi-family replacement units, both free-market and affordable, shall
be developed on the same site on which demolition has occurred, unless the owner shall
demonstrate and the Planning and Zoning Commission determines that replacement of the units
on site would be in conflict with the parcel's zoning or would be an inappropriate solution due
to the site's physical constraints.
When either of the above circumstances result, the owner shall replace the maximum number
of units on site which the Planning and Zoning Commission determines that the site can
accommodate and may replace the remaining units off site, at a location determined acceptable
to the Planning and Zoning Commission, or may replace the units by extinguishing the
requisite number of affordable housing credits, pursuant to Sec. 26.540, Certificates of
Affordable Housing Credit.
When calculating the number of credits that must be extinguished, the most restrictive
replacement measure shall apply. For example, for an applicant proposing to replace one
1,000 square foot three-bedroom unit at the 50% rate using credits, the following calculations
shall be used:
• 50% of 1,000 square feet = 500 square feet to be replaced. At the Code mandated rate of 1
FTE per 400 square feet of net livable area, this requires the extinguishments of 1.25 credits;
or
• A three-bedroom unit = 3.0 FTE’s. 50% of 3.0 FTE’s = 1.50 credits to be extinguished.
Therefore, in the most restrictive application, the applicant must extinguish 1.50 credits to
replace a three-bedroom unit at the 50% rate. The credits to be extinguished would be Category
4 credits.
4. Fractional unit requirement. When the affordable housing replacement requirement of this
Section involves a fraction of a unit, fee-in-lieu may be provided only upon the review and
approval of the City Council, to meet the fractional requirement only, pursuant to Paragraph
26.470.110.C, Provision of required affordable housing via a fee-in-lieu payment.
5. Timing requirement. Any replacement units required to be deed-restricted as affordable housing
shall be issued a certificate of occupancy, according to the Building Department, and be
available for occupancy at the same time as, or prior to, any redeveloped free-market units,
regardless of whether the replacement units are built on site or off site.
6. Redevelopment agreement. The applicant and the City shall enter into a redevelopment
agreement that specifies the manner in which the applicant shall adhere to the approvals granted
pursuant to this Section and penalties for noncompliance. The agreement shall be recorded
before an application for a demolition permit may be accepted by the City.
7. Growth management allotments. The existing number of free-market residential units, prior to
demolition, may be replaced exempt from growth management, provided that the units conform
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to the provisions of this Section. The redevelopment credits shall not be transferable separate
from the property unless permitted as described above in Subparagraph 4, Location requirement.
8. Exemptions. The Community Development Director shall exempt from the procedures and
requirements of this Section the following types of development involving Multi-Family
Housing Units. An exemption from these replacement requirements shall not exempt a
development from compliance with any other provisions of this Title:
a. The replacement of Multi-Family Housing Units after non-willful demolition such as a
flood, fire, or other natural catastrophe, civil commotion, or similar event not purposefully
caused by the landowner. The Community Development Director may require
documentation be provided by the landowner to confirm the damage to the building was in-
fact non-willful.
To be exempted, the replacement development shall be an exact replacement of the
previous number of units, bedrooms, and square footage and in the same configuration.
The Community Development Director may approve exceptions to this exact
replacement requirement to accommodate changes necessary to meet current building
codes; improve accessibility; to conform to zoning, design standards, or other regulatory
requirements of the City; or, to provide other architectural or site planning improvements
that have no substantial effect on the use or program of the development. (Also see
Chapter 26.312 – Nonconformities.) Substantive changes to the development shall not be
exempted from this Section and shall be reviewed as a willful change pursuant to the
procedures and requirements of this Section.
b. The demolition of Multi-Family Housing Units by order of a public agency including, but
not limited to, the City of Aspen for reasons of preserving the life, health, safety, or general
welfare of the public.
c. The demolition, combining, conversion, replacement, or redevelopment of Multi-Family
Housing Units which have been used exclusively as tourist accommodations or by non-
working residents. The Community Development Director may require occupancy records,
leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate
that the unit(s) has never housed a working resident. All other requirements of this Title
shall still apply including zoning, growth management, and building codes.)
d. The demolition, combining, conversion, replacement, or redevelopment of Multi-Family
Housing Units which were illegally created (also known as “Bandit Units”). Any
improvements associated with Bandit Units shall be required to conform to current
requirements of this Title including zoning, growth management, and building codes.
Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied
affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority.
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e. Any development action involving demising walls or floors/ceilings necessary for the
normal upkeep, maintenance, or remodeling of adjacent Multi-Family Housing Units.
f. A change order to an issued and active building permit that proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in the opinion
of the Community Development Director, should be rebuilt for structural, safety,
accessibility, or significant energy efficiency reasons first realized during construction,
which were not known and could not have been reasonably predicted prior to construction,
and which cause no or minimal changes to the exterior dimensions and character of the
building.
(Ord. No. 12, 2021, §1)
E. Expansion or new commercial development. The expansion of an existing commercial
building or commercial portion of a mixed-use building or the development of a new commercial building
or commercial portion of a mixed-use building shall be approved, approved with conditions or denied by
the Planning and Zoning Commission based on general requirements outlined in Section 26.470.080.
F. New free-market residential units within a multi-family or mixed-use project. The
development of new free-market residential units within a multi-family or mixed-use project shall be
approved, approved with conditions or denied by the Planning and Zoning Commission based on the general
requirements outlined in Section 26.470.080 above.
G. Expansion or new lodge development. The expansion of an existing lodge, the redevelopment of
existing lodge which meets the definition of demolition, or the development of a new lodge shall be
approved, approved with conditions or denied by the Planning and Zoning Commission based on the
following criteria:
Sixty-five percent (65%) of the employees generated by the lodge, timeshare lodge, exempt timeshare units,
and associated commercial development, according to Paragraph 26.470.050.B, Employee generation, shall
be mitigated through the provision of affordable housing. Free-market residential units included in a lodge
development and which may be rented to the general public as a lodge unit shall be considered lodge units
and mitigated through the provision of affordable housing in accordance with this section. Affordable
housing units provided shall be approved pursuant to Paragraph 26.470.100.D, Affordable housing.
New or redeveloped Boutique Lodges, or the conversion of lodge, residential or commercial uses to
boutique lodge is subject to the mitigation standards for commercial uses as provided for in section
26.470.080.D.1 and 3.
Note: A Residential project that creates new lots via Subdivision (excepting lot splits) or new
multifamily units shall have the choice of using either subsection 26.470.100. H or 26.470.100.I, as
specified below. These development types require the granting of development allotments.
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H. New Residential development – sixty percent (60%) affordable. The development of a residential
project or an addition of units to an existing residential project, in which a minimum of sixty percent
(60%) of the additional units and thirty percent (30%) of the additional Allowable Ffloor Aarea is
affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning
Commission based on the following criteria:
a. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%) of the
project's additional Allowable Ffloor Aarea shall be affordable housing. Multi-site projects are
permitted. Affordable housing units provided shall be approved pursuant to Paragraph
26.470.100.D, Affordable housing, and shall average Category 4 rates as defined in the
Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to
provide mitigation units at a lower category designation.
b. If the project consists of only one (1) free-market residence, then a minimum of one (1)
affordable residence representing a minimum of thirty percent (30%) of the project's total
Allowable fFloor Aarea and deed-restricted as a Category 4 "for sale" unit, according to the
provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify.
I. New Residential development – seventy percent (70%) affordable.
The development of a residential project or an addition to an existing residential project, in which
seventy percent (70%) of the project's additional units and seventy percent (70%) of the project's
additional bedrooms are affordable housing deed-restricted in accordance with the Aspen/Pitkin
County Housing Authority Guidelines, shall be approved, approved with conditions or denied by
the Planning and Zoning Commission based on the following criteria:
a. Seventy percent (70%) of the total additional units and total additional bedrooms shall
be affordable housing. At least forty percent (40%) of the units shall average Category
4 rates as defined in the Aspen/Pitkin County Housing Authority Guidelines. The
remaining thirty-percent affordable housing unit requirement may be provided as
Resident Occupied (RO) units as defined in the Aspen/Pitkin County Housing Authority
Guidelines. Multi-site projects are permitted. Affordable housing units provided shall
be approved pursuant to Paragraph 26.470.070.4, Affordable housing. An applicant may
choose to provide mitigation units at a lower category designation.
b. If the project consists of one (1) free-market residence, then the provision of one (1) RO
residence and one (1) category residence shall be considered meeting the seventy-percent
unit standard. If the project consists of two (2) free-market residences, then the provision
of two (2) RO residences and two (2) category residences shall qualify.
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(Ord. No. 6, 2019, §6; Ord. No. 12, 2019, §8, §9, §10; Ord. No. 13-2021, §4)
26.470.110. City Council applications.
The following types of development shall be approved, approved with conditions or denied by the City
Council, pursuant to Section 26.470.060, Procedures for review, and the criteria for each type of
development described below. Except as noted, all growth management applications shall comply with the
general requirements of Section 26.470.080. Except as noted, all City Council growth management
approvals shall be deducted from the respective annual development allotments.
A. Multi-year development allotment. The City Council, upon a recommendation from the
Planning and Zoning Commission, shall approve, approve with conditions or deny a multi-year
development allotment request based on the following criteria:
1) A project is required to meet at least five (5) of the following criteria.
a. The proposal exceeds the minimum affordable housing required for a standard project.
b. The proposed project represents an excellent historic preservation accomplishment. A
recommendation from the Historic Preservation Commission shall be considered for this
standard.
c. The proposal furthers affordable housing goals by providing units established as priority
through the current Aspen/Pitkin County Housing Authority Guidelines and provides a
desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles, seniors,
families, etc.).
d. The proposal minimizes impacts on public infrastructure by incorporating innovative,
energy-saving techniques. Recommendations from relevant departments shall be considered
for this standard. For example, if an applicant proposed an innovative design related to the
storm sewer system, a recommendation from the Engineering Department shall be
considered.
e. The proposal minimizes construction impacts beyond minimum requirements both during
and after construction. A recommendation from the Engineering and Building Departments
shall be considered for this standard.
f. The proposal maximizes potential public transit usage and minimizes reliance on the
automobile by exceeding the requirements in Section 26.515, Off-Street Parking and
Mobility. A recommendation from the Transportation and Engineering Departments shall
be considered for this standard.
g. The proposal exceeds minimum requirements of the Efficient Building Code or for LEED
certification, as applicable. A recommendation from the Building Department shall be
considered for this standard.
h. The proposal represents a desirable site plan and an architectural design solution.
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i. The proposal promotes opportunities for local businesses through the provision of Alley
stores or second-tier commercial space.
2) The project complies with all other provisions of the Land Use Code and has obtained all
necessary approvals from the Historic Preservation Commission, the Planning and Zoning
Commission and the City Council, as applicable.
3) The Community Development Director shall be directed to reduce the applicable annual
development allotments, as provided in Section 26.470.120, in subsequent years as determined
appropriate by the City Council.
B. Provision of required affordable housing units outside City limits. The provision of
affordable housing, as required by this chapter, with units to be located outside the City boundary, upon a
recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions
or denied by the City Council based on the following criteria:
1) The off-site housing is within the Aspen Urban Growth Boundary.
2) The proposal furthers affordable housing goals by providing units established as priority through
the current Aspen/Pitkin County Housing Authority Guidelines and provides a desirable mix of
affordable unit types, economic levels and lifestyles (e.g., singles, seniors and families).
3) The applicant has received all necessary approvals from the governing body with jurisdiction of
the off-site parcel.
City Council may accept any percentage of a project's total affordable housing mitigation to be provided
through units outside the City's jurisdictional limits, including all or none.
C. Provision of required affordable housing via a fee-in-lieu payment. The provision of
affordable housing in excess of 0.10 Full-Time Equivalents (FTEs) via a fee-in-lieu payment, upon a
recommendation from the Planning and Zoning Commission shall be approved, approved with conditions
or denied by the City Council based on the following criteria:
1) The provision of affordable housing on site (on the same site as the project requiring such
affordable housing) is impractical given the physical or legal parameters of the development or
site or would be inconsistent with the character of the neighborhood in which the project is being
developed.
2) The applicant has made a reasonable good-faith effort in pursuit of providing the required
affordable housing off site through construction of new dwelling units, the deed restriction of
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existing dwelling units to affordable housing status, or through the purchase of affordable
housing certificates.
3) The applicant has made a reasonable good-faith effort in pursuit of providing the required
affordable housing through the purchase and extinguishment of Certificates of Affordable
Housing Credit.
4) The proposal furthers affordable housing goals, and the fee-in-lieu payment will result in the
near-term production of affordable housing units.
The City Council may accept any percentage of a project's total affordable housing mitigation to be
provided through a fee-in-lieu payment, including all or none.
D. Essential public facilities. The development of an essential public facility, upon a
recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions
or denied by the City Council based on the following criteria:
1) The Community Development Director has determined the primary use and/or structure to be
an essential public facility (see definition). Accessory uses may also be part of an essential
public facility project.
2) The Planning and Zoning Commission shall determine the number of employees generated by
the essential public facility pursuant to Section 26.470.050.C, Employee generation review.
3) Upon a recommendation from the Community Development Director and the Planning and
Zoning Commission, the City Council may assess, waive or partially waive affordable housing
mitigation requirements as is deemed appropriate and warranted for the purpose of promoting
civic uses and in consideration of broader community goals.
E. Preservation of significant open space parcels. On a project-specific basis and upon a
recommendation from the Planning and Zoning Commission, the City Council shall approve, approve with
conditions or deny development of one (1) or more residences in exchange for the permanent preservation
of one (1) or more parcels considered significant for the preservation of open space. The preservation parcel
may lie outside the City jurisdiction. The exempted residential units shall be deducted from the respective
annual development allotment established pursuant to Section 26.470.040.B. The exempted residential
units shall provide affordable housing mitigation, pursuant to the requirements of Section 26.470.100.E.
This exemption shall only apply to the specific residences approved through this provision. Other
residences within a project not specifically exempted through this provision shall require growth
management approvals pursuant to this Chapter. The criteria for determining the significance of a
preservation parcel and the associated development rights to be granted may include:
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1) The strategic nature of the preservation parcel to facilitate park, trails or open space objectives
of the City. This shall include a recommendation from the City of Aspen Open Space
Acquisition Board.
2) Identification of the preservation parcel as desirable for preservation in any adopted master plans
of the City or following a recommendation from the Parks and Open Space Department.
3) Proximity and/or visibility of the preservation parcel to the City.
4) The development rights of the preservation parcel, including the allowed uses and intensities
and impacts associated with those uses if developed to the maximum.
5) The proposed location of the parcel being granted growth management approvals and the
compatibility of the resulting uses and intensities of development with the surrounding
neighborhood, including the impacts from the specified method of providing affordable housing
mitigation. The new residences shall be restricted to the underlying zoning restrictions of the
property on which they lie unless additional restrictions are necessary in order to meet this
criterion.
6) The preservation parcel shall be encumbered with a legal instrument, acceptable to the City
Attorney, which sterilizes the parcel from further development in perpetuity.
F. Reduction in lodge units. The reduction of units in an existing or approved Lodge or Boutique
Lodge shall be reviewed pursuant to the standards listed below. Review shall be by City Council
pursuant to Section 26.470.060(C) Step Two. Properties ceasing all lodging operations shall not be
subject to this review. Physical changes to the property may be required for compliance with zoning
limitations.
a. The project shall comply with the review standards outlined in Section 26.425.035, Conditional
Use – Boutique Lodge – but shall not be subject to a Conditional Use review unless required by the
underlying zone district or overlay zone district.
b. The proposed use meets the definition of Boutique Lodge or Lodge in section 26.104.110, as
applicable.
c. The proposed reduction will likely result in a product that meets customer demand. The lodge
may provide documentation to indicate their targeted consumer’s lodging expectations.
d. The proposed reduction will not likely result in the property being used as a private residence.
The city may request assurances that the lodge is not being converted to a private residence through
a development agreement, or the like.
(Ord. No. 12, 2019, §11, §12)
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26.470.120. Yearly Growth management accounting procedures.
A. General. The Community Development Director shall maintain an ongoing account of available,
requested and approved growth management allocations for all land uses identified in Table 1 of Section
26.470.020. Allotments shall be considered allocated upon issuance of a development order for the project.
Unless specifically not deducted from the annual development allotment, all units of growth shall be
included in the accounting. Approved affordable housing units shall be counted regardless of the unit being
provided as mitigation or otherwise.
B. Yearly Allotment Carry-Forward Procedures. At the conclusion of each growth management year,
the Community Development Director shall prepare a summary of growth allocations. The City Council,
at its first regular meeting of the growth management year, shall review the prior year's growth summary,
consider a recommendation from the Community Development Director, and shall, via adoption of a
resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the
annual allotment. A public hearing is not required and this action may be completed as part of City
Council’s consent calendar.
The City Council may carry forward any portion of the previous year's unused allotment, including all or
none. The City Council shall consider the following criteria in determining the allotments to be carried
forward:
1) The community's growth rate over the preceding five-year period.
2) The ability of the community to absorb the growth that could result from a proposed
development utilizing accumulated allotments, including issues of scale, infrastructure capacity,
construction impacts and community character.
3) The expected impact from approved developments that have obtained allotments, but that have
not yet been built.
There is no limit, other than that implemented by the City Council, on the amount of potential growth that
may be carried forward to the next year.
Any allotments awarded to a project which does not proceed and which are considered void shall constitute
unused allotments and may be considered for allotment roll-over by the City Council for the year from
which they were assigned. If a project decides not to proceed with the development after Council’s decision
on roll-over allotments for that year, then those allotments shall be considered expired and no longer
available. Allotments shall be considered vacated by a property owner upon written notification from the
property owner or upon expiration of the development right pursuant to Section 26.470.040.D, Expiration
of growth management allotments.
26.470.130. Application contents.
Applications for growth management shall include the following:
1) The general application information required in Common development review procedures,
Chapter 26.304.
2) A site-improvement survey meeting the requirements of Title 29, Engineering Design Standards.
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3) A description of the project and the number and type of the requested growth management
allotments.
4) A detailed description and site plan of the proposed development, including proposed land uses,
densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas,
infrastructure improvements, site drainage and any associated off-site improvements.
5) A description of the proposed affordable housing and how it provides adequate mitigation for
the project and conforms to the Aspen/Pitkin County Housing Authority Guidelines.
6) A statement specifying the public facilities that will be needed to accommodate the proposed
development, proposed infrastructure improvements and the specific assurances that will be
made to ensure that the public facilities will be available to accommodate the proposed
development.
7) A written response to each of the review criteria for the particular review requested.
7)
8)
9) Copies of required approvals from the Planning and Zoning Commission, Historic Preservation
Commission and the City Council, as necessary.
8)
26.470.140. Reconstruction limitations.
In reconstruction scenarios, growth management allotments and any other reconstruction rights that this
Code establishes, may continue, subject to the following limitations.
A. An applicant may propose to demolish and then delay the reconstruction of existing development for a
period not to exceed one (1) year. To comply with this limitation and maintain the reconstruction right, an
applicant must submit a complete building permit application for reconstruction on or before the one-year
anniversary of the issuance date of the demolition permit. The City Council may extend this deadline upon
demonstration of good cause. The continuation of growth management allotments in a reconstruction
scenario for single-family and duplex development are not subject to this time limitation.
B. Single-family and duplex development receive no credit for existing Mitigation Floor Area for the
purposes of determining affordable housing mitigation in redevelopment scenarios that meet the definition
of Demolition – per 26.580. The exception to this is when a single-family or duplex is demolished by an
act of nature or through any manner not purposefully accomplished by the owner.
C. Applicants shall verify existing conditions prior to demolition with the City Zoning Officer in order to
document any reconstruction rights. An applicant's failure to accurately document existing conditions prior
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to demolition and verify reconstruction rights with the City Zoning Officer may result in a loss of some or
all of the reconstruction rights.
D. Reconstructed buildings shall comply with applicable requirements of the Land Use Code, including
but not limited to Chapter 26.312, Nonconformities, and Chapter 26.710, Zone Districts.
E. Any reconstruction rights shall be limited to reconstruction on the same parcel or on an adjacent parcel
under the same ownership.
F. Residential redevelopment credits may be converted to lodge redevelopment credits by right. The
conversion rate shall be three (3) lodge units per each one (1) residential unit. This is a one -way conversion,
and lodge credits may not be converted to residential credits.
26.470.140. Reconstruction limitations.
A. An applicant may propose to demolish and then delay the reconstruction of existing
development for a period not to exceed one (1) year. To comply with this limitation and
maintain the reconstruction credit, an applicant must submit a complete building permit
application for reconstruction on or before the one-year anniversary of the issuance date of
the demolition permit. The City Council may extend this deadline upon demonstration of
good cause. This time limitation shall not apply to the reconstruction of single-family and
duplex development.
B. Applicants shall verify existing conditions prior to demolition with the City Zoning Officer
in order to document reconstruction rights. An applicant's failure to accurately document
existing conditions prior to demolition and verify reconstruction rights with the City Zoning
Officer may result in a loss of some or all of the reconstruction rights.
C. Reconstructed buildings shall comply with applicable requirements of the Land Use Code,
including but not limited to Chapter 26.312, Nonconformities, and Chapter 26.710, Zone
Districts.
D. Reconstruction rights shall be limited to reconstruction on the same parcel or on an adjacent
parcel under the same ownership.
E. Residential redevelopment credits may be converted to lodge redevelopment credits by right.
The conversion rate shall be three (3) lodge units per each one (1) residential unit. This is a
one-way conversion, and lodge credits may not be converted to residential credits.
26.470.150. Amendment of a growth management development order.
A. Insubstantial amendment. An insubstantial amendment to an approved growth management
development order may be authorized by the Community Development Director if:
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1) The change conforms to all other provisions of the Land Use Code and does not exceed approved
variations to the residential design standards, require an amendment to the commercial design
review approval or such variations or amendments have been approved.
2) The change does not alter the number, size, type or deed restriction of the proposed affordable
housing units, subject to compliance with the Aspen/Pitkin County Housing Authority
Guidelines.
3) The change is limited to technical or engineering considerations discovered prior to or during
actual development that could not reasonably be anticipated during the review process or any
other minor change that the Community Development Director finds has no substantial effect
on the conditions and representations made during the original project review.
B. Substantial amendment. All other amendments to an approved growth management development
order shall be reviewed pursuant to the terms and procedures of this Chapt er. Allotments granted
shall remain valid and applied to the amended application, provided that the amendment application
is submitted prior to the expiration of vested rights. Amendment applications requiring additional
allotments or allotments for different uses shall obtain those allotments pursuant to the procedures
of this Chapter. Any new allotments shall be deducted from the growth management year in which
the amendment is submitted.
(Ord. No. 12, 2019, §13)
26.470.160. Appeals.
A. Appeal of adverse determination by Community Development Director. An appeal
made by an applicant aggrieved by a determination made by the Community Development
Director on an application for administrative review shall be to the Planning and Zoning
Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The Planning
and Zoning Commission may reverse, affirm or modify the decision or determination of the
Community Development Director based upon the application submitted to the Community
Development Director and the record established by the Director's review. The decision of
the Planning and Zoning Commission shall constitute the final administrative action on the
matter.
B. Appeal of adverse determination by Planning and Zoning Commission. An appeal made
by an applicant aggrieved by a determination made by the Planning and Zoning Commission
on an application for Planning and Zoning Commission review shall be to the City Council.
The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may
reverse, affirm or modify the decision or determination of the Planning and Zoning
Commission based upon the application submitted to the Planning and Zoning Commission
and the record established by the Commission's review. The decision of the City Council
shall constitute the final administrative action on the matter.
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C. Insufficient development allotments. Any property owner within the City who is
prevented from developing a property because that year's development allotments have been
entirely allocated may appeal to the City Council for development approval. An application
requesting allotments must first be denied due to lack of necessary allotments. The appeal
procedures set forth at Chapter 26.316 shall apply. The City Council may take any such
action determined necessary, including but not limited to making a one-time increase of the
annual development allotment sufficient to accommodate the application.
(Ord. No. 14, 2007, §1; Ord. No. 14, 2007, §10; Ord. No. 31, 2016, §1; Ord. 23, 2017, §14-17)
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TITLE 26
LAND USE REGULATIONS
PART 500 — SUPPLEMENTARY REGULATIONS
Chapter 26.500 PUBLIC PROJECTS
Sec. 26.500.010 Purpose
Sec. 26.500.020 Authority
Sec. 26.500.030 Applicability
Sec. 26.500.040 Procedures for review
Sec. 26.500.050 Advisory group
Sec. 26.500.060 Timing requirements
Sec. 26.500.070 General review standards
Sec. 26.500.075 Review standards for private development projects
Sec. 26.500.080 Application
Sec. 26.500.090 Appeals
Chapter 26.505 WIRELESS COMMUNICATION FACILITIES AND EQUIPMENT
Sec. 26.505.010 Purpose
Sec. 26.505.020 Adoption of Wireless Communications Facilities Design Guidelines
Sec. 26.505.030 Applicability
Sec. 26.505.040 Wireless Definitions
Sec. 26.505.050 Operational Standards
Sec. 26.505.060 Procedures for Review
Sec. 26.505.070 Application Contents
Sec. 26.505.080 Conditions and limitations
Chapter 26.510 SIGNS
Sec. 26.510.010 Purpose
Sec. 26.510.020 Applicability and scope
Sec. 26.510.030 Prohibited signs
Sec. 26.510.040 Signs not requiring a permit
Sec. 26.510.050 Procedure for sign permit approval
Sec. 26.510.060 Sign measurement and location
Sec. 26.510.070 Sign illumination
Sec. 26.510.080 Sign lettering, logos and graphic designs
Sec. 26.510.090 Definition, sign types and characteristics
Sec. 26.510.100 Signage allotment
Sec. 26.510.110 Sandwich board signs
Sec. 26.510.120 Policies regarding signage on public property
Chapter 26.515 OFF-STREET PARKING
Sec. 26.515.010 General provisions
Sec. 26.515.020 Characteristics of off-street parking spaces
Sec. 26.515.030 Required number of off-street parking spaces
Sec. 26.515.040 Special review standards
Sec. 26.515.050 Cash-in-lieu for mobility enhancements
Chapter 26.520 ACCESSORY DWELLING UNITS AND CARRIAGE HOUSES
Sec. 26.520.010 Purpose
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Sec. 26.520.020 General
Sec. 26.520.030 Authority
Sec. 26.520.040 Applicability
Sec. 26.520.050 Design standards
Sec. 26.520.060 Calculations and measurements
Sec. 26.520.070 Deed restrictions and enforcement
Sec. 26.520.080 Procedure
Sec. 26.520.090 Amendment of an ADU or carriage house development order
Chapter 26.530 RESERVED
Chapter 26.535 TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sec. 26.535.010 Purpose
Sec. 26.535.020 Terminology
Sec. 26.535.030 Applicability and prohibitions
Sec. 26.535.040 Authority
Sec. 26.535.050 Procedure for establishing an historic transferable development right certificate
Sec. 26.535.060 Procedure for extinguishing an historic transferable development right
certificate
Sec. 26.535.070 Review criteria for establishment of an historic transferable development right
Sec. 26.535.080 Review criteria for extinguishment of an historic transferable development right
Sec. 26.535.090 Application materials
Sec. 26.535.100 Appeals
Chapter 26.540 CERTIFICATES OF AFFORDABLE HOUSING CREDIT
Sec. 26.540.010 Purpose
Sec. 26.540.020 Terminology
Sec. 26.540.030 Applicability and prohibitions
Sec. 26.540.040 Authority
Sec. 26.540.050 Application and fees
Sec. 26.540.060 Procedures for establishing a credit
Sec. 26.540.070 Review criteria for establishing an affordable housing credit
Sec. 26.540.080 Procedures for issuing a certificate of affordable housing credit
Sec. 26.540.090 Authority of the certificate
Sec. 26.540.100 Transferability of the certificate
Sec. 26.540.110 Exchanging category designation of an affordable housing certificate
Sec. 26.540.120 Extinguishment and re-issuance of a certificate
Sec. 26.540.130 Amendments
Sec. 26.540.140 Appeals
Chapter 26.575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sec. 26.575.010 General
Sec. 26.575.020 Calculations and measurements
Sec. 26.575.030 Public amenity
Sec. 26.575.040 Reserved
Sec. 26.575.045 Junkyards and service yards
Sec. 26.575.050 Fences
Sec. 26.575.060 Reserved (formerly Utility/trash/recycle service areas)
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Sec. 26.575.070 Reserved
Sec. 26.575.080 Child care center
Sec. 26.575.090 Home occupations
Sec. 26.575.100 Landscape maintenance
Sec. 26.575.110 Building envelopes
Sec. 26.575.120 Satellite dish antennas
Sec. 26.575.130 Wireless telecommunication services facilities and equipment (now 26.505)
Sec. 26.575.140 Accessory uses and accessory structures
Sec. 26.575.150 Outdoor lighting
Sec. 26.575.160 Dormitory
Sec. 26.575.170 Fuel storage tanks
Sec. 26.575.180 Reserved (formerly Required delivery area and vestibules for commercial
buildings)
Sec. 26.575.190 Farmers' market
Sec. 26.575.200 Group homes
Sec. 26.575.210 Lodge occupancy auditing
Sec. 26.575.220 Vacation Rentals
Chapter 26.580 DEMOLITION
Sec. 26.580.010 Purpose
Sec. 26.580.020 Future Amendments
Sec. 26.580.030 Applicability
Sec. 26.580.040 Measurement of Demolition
Sec. 26.580.050 Exemptions
Sec. 26.580.060 Enforcement and Penalties
Sec. 26.580.070 Appeals
Sec. 26.580.080 Adoption of Residential Demolition and Redevelopment Standards
Chapter 26.590 TIMESHARE DEVELOPMENT
Sec. 26.590.010 Purpose and intent
Sec. 26.590.020 Applicability
Sec. 26.590.030 Prohibitions
Sec. 26.590.040 Procedure for review
Sec. 26.590.050 Timeshare review standards
Sec. 26.590.060 Application contents
Sec. 26.590.070 Timeshare documents
Sec. 26.590.080 Amendments
Sec. 26.590.090 Appeals
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G. Measurement of Demolition. The City Zoning Officer shall determine if a building is intended to
be or has been demolished by applying the following process of calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the
following:
1. The surface area of all existing (prior to commencing development) exterior wall assemblies
above finished grade and all existing roof assemblies. Not counted in the existing exterior
surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.).
2. The exterior surface area, as described above, to be removed. Wall area or roof area being
removed to accommodate new or relocated fenestration shall be counted as exterior surface area
being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with an area
tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element
in addition to the necessary subsurface components for its structural integrity, including such
items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be
removed, the associated exterior surface area shall be diagrammed as being removed. If a
portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that portion
shall be calculated as removed. Recalculation may be necessary during the process of
development and the Zoning Officer may require updated calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated
or expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of demolition.
Sub-grade elements and interior wall elements, while potentially necessary for a building's
integrity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of the
exterior to be removed shall be divided by the surface area of all portions of the exterior of the
existing structure and expressed as a percentage. The Zoning Officer shall use this percentage
to determine if the building is to be or has been demolished according to the definition in Section
26.104.100, Demolition. If portions of the building involuntarily collapse, regardless of the
developer's intent, that portion shall be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural capabilities
of the building prior to undertaking a remodel. Failure to properly understand the structural
capacity of elements intended to remain may result in an involuntary collapse of those portions
and a requirement to recalculate the extent of demolition. Landowner's intent or unforeseen
circumstances shall not affect the calculation of actual physical demolition. Additional
requirements or restrictions of this Title may result upon actual demolition.
H.G. 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 and net livable area shall be attributed to
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the lot or parcel upon which it is developed. 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, gas pumps, and similar devices without an
attendant shall not be considered net leasable area.
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.
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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.
I.H. Exceptions for Energy Efficiency. The Community Development Director may approve
exceptions to the dimensional restrictions of this Section to accommodate the addition of energy
production systems or energy efficiency systems or equipment in or on existing buildings when no
other practical solution existsthe site is constrained, or it’s determined flexibility is warranted to
improve efficiency of the equipment or structure. The Community Development Director must first
determine that the visual impact of the exemption is minimal and that no other reasonable way to
implement energy production or efficiency exists that is more effective and less impactful. The Director
may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable
administrative decision.Exception for Energy Efficiency may be approved during building permit
review, or as part of a site-specific development approval.
J.I. Exceptions for Building Code Compliance. The Community Development Director may approve
exceptions to the dimensional restrictions of this Section to accommodate improvements required to
achieve compliance with building, fire, energy, or accessibility codes in or on existing buildings when
no other practical solution exists. The Community Development Director must first determine that the
visual impact of the exemption is minimal and that no other reasonable way to implement code
compliance exists that is more effective and less impactful. The Director may require notice be
provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision.
Exception for Building Code Compliance may be approved during building permit review, or as part
of a site-specific development approval.
K.J. Appeals. An applicant aggrieved by a decision made by the Community Development Director
regarding this Calculations and Measurements Section may appeal the decision to the Administrative
Hearing Officer, pursuant to Chapter 26.316.
(Ord. No. 44-1999, §7; Ord. No. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-2001, §§6, 7;
Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2—4; Ord. No. 12-2006, §19; Ord. No. 12, 2007, §32;
Ord. No. 27-2010, §1; Ord. No. 12-2012, §3; Ord. No. 25-2012, §4; Ord. No. 7-2014; §§ 1-9; Ord. No.
31-2014, §2; Ord. No. 4-2015, §1; Ord. No. 46-2015, §§ 12-20; Ord. No. 30, 2016, §6)
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Chapter 26.580
ENGINEERING DEPARTMENT REGULATIONSDEMOLITION
26.580.010. – Purpose.
The purpose of the Chapter is to describe and define Demolition as it relates to all land use types in the
City of Aspen. The definition of Demolition and the application of this definition is impactful to several
sections of the Land Use Code including, but not limited to: Non-Conformities (26.312) and the Growth
Management Quota System (26.470). While the definitions and processes described below apply to
all use types, particular attention is given to the Demolition of Single-Family and Duplex Residential
Units. The definitions and regulation in this section and the relationship to other section s of the Land
Use Code are meant to regulate impactful development activities and to mitigate negative impacts of
complex and significant construction projects to protect the health, safety and welfare of the public.
These negative impacts include ecological, economic, transportation, and social impacts. Ensuring
impactful development activities are adequately mitigated and consistent with Aspen’s small-town
character, furthers the City’s Climate goals by improving regulatory responses to natural resource
consumption, reduces traffic impacts, encourages a more sustainable diversion of solid waste from the
landfill, reduces general construction impacts to the community, and ensures that Aspen continues to
be a leader in efficient design practices.
26.580.020. Future Amendments to Chapter 26.580 All future amendments to this Chapter shall be
exempt from the requirement of Policy Resolution for code amendments (Section 26.310.020(b)(1),
(2)). Future amendments may proceed directly to a First and Second Reading, pursuant to Section
26.310.020(b)(3).
26.580.030 Applicability.
This chapter applies to land use applications and building permit submissions for development within
the City limits for projects that that meets or exceeds the definition of Demolition, unless exempted by
Subsection 26.580.
26.580.040. – Measurement of Demolition.
A. The City Zoning Officer shall determine if a building is intended to be, or has been Demolished
by applying the following process of calculation:
1. Anytime Demolition is proposed the applicant shall calculate the area of the existing surfaces
as follows:
a. The surface area of all existing (prior to commencing development) exterior wall
assemblies above finished grade. Not counted in the existing exterior surface area
calculations shall be all existing fenestration (doors, windows, skylights, etc.).
b. The surface area of all existing (prior to commencing development) roof assemblies.
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2. The applicant shall calculate the area of existing surfaces that are proposed to be removed
and determine the overall percentage that is removed.
a. The exterior wall surface area and roof surface area, as described above, to be
removed.
b. Wall area or roof area being removed to accommodate new or relocated fenestration
shall be counted as exterior surface area being removed.
3. If the percentage removed exceeds 40%, then the development shall be considered
Demolition, pursuant to Section 26.104.100.
4. Demolition shall also include the removal of a dwelling unit in a multi-family or mixed-use
building, its conversion to nonresidential use, or any action which penetrates demising walls
or floors between Multi-Family Housing Units if such action is undertaken to combine the
units. See the requirements of Section 26.470.100.D – Demolition or Redevelopment of
Multi-Family Housing.
B. Anytime Demolition is proposed, the applicant shall prepare and submit a diagram showing
the calculation. The diagram shall depict each exterior wall and roof segment as a flat plane
with an area tabulation.
1. According to the prepared diagram and area tabulation, the surface area of all
portions of the exterior to be removed shall be divided by the surface area of all
portions of the exterior of the existing structure and expressed as a percentage. The
Zoning Officer shall use this percentage to determine if the building is to be or has
been Demolished according to the definition in Section 26.104.100, Demolition. If
portions of the building involuntarily collapse, regardless of the developer's intent,
that portion shall be calculated as removed.
C. For the purposes of the calculation of Demolition, the following provisions shall apply:
1. Exterior wall assembly and roof assembly shall constitute the exterior surface of that
element including such items as studs, joists, rafters etc.
2. If a portion of a wall or roof stud is to be removed, t he associated exterior surface
area shall be diagrammed as being removed.
3. If a portion of a wall or roof involuntarily collapses, regardless of the developer's
intent, that portion shall be calculated as removed.
4. Recalculation may be necessary during the process of development and the Zoning
Officer may require updated calculations as a project progresses.
5. Replacement of fenestration shall not be calculated as wall area to be removed.
New, relocated or expanded fenestration shall be counted as wall area to be
removed.
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6. Only exterior surface area above finished grade shall be used in the determination
of demolition. Sub-grade elements and interior wall or structural elements, while
potentially necessary for a building's integrity, shall not be counted in the
computation of exterior surface area.
7. Replacement of exterior sheeting when the structural components of that area are to
remain, do not count toward the calculation of Demolition.
8. It shall be the responsibility of the applicant to accurately understand the structural
capabilities of the building prior to undertaking a remodel. Failure to properly
understand the structural capacity of elements intended to remain may result in an
involuntary collapse of those portions and a requirement to recalculate the extent of
demolition. Applicant’s intent or unforeseen circumstances shall not affect the
calculation of actual physical demolition.
9. Additional requirements or restrictions of this Title may result upon actual
Demolition.
26.580.050. – Exemptions
The Community Development Director may exempt projects, or a portion thereof, from the calculation
of Demolition if any of the following circumstances exist:
A. Dangerous Structures. Any building or structure that has been determined to be dangerous,
structurally unsafe or otherwise hazardous to human life, and is required to be abated by
demolition. This may include structures destroyed or damaged by fire, flood or other natural
disaster. The Chief Building Official shall make this determination.
B. The project is a 100% deed restricted affordable housing unit, or after completion of the project
will be 100% deed restricted affordable housing.
C. De Minimus Exception. The Community Development Director may waive any of the
requirements of this chapter if documentation satisfactory to the Director is provided to
establish that the scope of work is minimal and providing Demolition documentation is
inappropriate or unreasonable.
D. If an existing structure is to be temporarily relocated, on or off-site, and placed back on an
existing or reconfigured foundation that action shall not be considered Demolition for the
purposes of this chapter.
E. Exception for Necessary Repairs or Life/Safety concerns. If Demolition is triggered not due to
remodel or renovation activity but is determined by the Community Development Director to
be required for normal maintenance as defined in Title 26 (see definition in section 26.104.100)
or to rectify life safety issues, such as replacing a failing roof or mold removal, the square
footage impacted by the work shall be exempt from this section. This provision shall not allow
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an increase to the height, floor area, net livable area of a building beyond what is the minimum
necessary required to comply with the Building Code.
F. Exception for the removal of Non-Historic Additions to Designated Historic Structures. If the
Historic Preservation Commission has determined that in the development of a structure that is
designated on Aspen’s list of Historic Landmarks, that non-historic elements of the project shall
be removed in returning the historic resource to its original configuration or character – the
portion of the project attributed to the non -historic elements shall not be calculated toward the
40% threshold.
Upon a finding by the Community Development Director that a project qualifies for an exemption, the
project may proceed with any other required reviews as determined by this Title or the submission of
a building permit.
26.580.060. – Enforcement and Penalties
A. The Community Development Director, City Engineer, Construction Mitigation Officer, or
their assigned staff shall have responsibility for enforcement of this chapter and are authorized
to take any and all other actions reasonable and necessary to enforce this chapter.
B. Violation of any provision of this chapter shall be subject to the provisions and penalties set
forth in Section 26.1.04 of the Municipal Code unless otherwise specified.
26.580.070. – Appeals
A. Appeal of adverse determination by Community Development Director. An appeal made by an
applicant aggrieved by a determination made by the Community Development Director that a
project triggers Demolition and is subject to the requirements of this Chapter shall be to the
Planning and Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall
apply. The Planning and Zoning Commission may reverse, affirm or modify the decision or
determination of the Community Development Director based upon the application submitted
to the Community Development Director and the record established by the Director's review.
The decision of the Planning and Zoning Commission shall constitute the final administrative
action on the matter.
26.580.080– Adoption of Residential Demolition and Redevelopment Standards for Projects that
meet the definition of Demolition.
Pursuant to the powers and authority conferred by the Charter of the City, the City Council
hereby adopts and incorporates by reference redevelopment standards, hereinafter referred to
as the Residential Demolition and Redevelopment Performance Standards, which are
incorporated by reference into the City of Aspen Land Use Code. The Residential Demolition
and Redevelopment Standards set forth the design parameters to ensure residential
redevelopment improves solid waste diversion, increases the energy efficiency of structures,
and reduces negative impacts of construction. The Residential Demolition and Redevelopment
Standards may be amended, updated, and expanded from time to time by City Council
Resolution. The Residential Demolition and Redevelopment Standards shall be available for
public inspection at the Community Development Departments web page. Projects that are
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pursuing a Demolition Allotment as described in Section 26.470.090.C will be reviewed these
standards.
(Ord. No. 21-2002 § 1 (part), 2002; Ord. No. 36 -2013, § 17; Ord. No. 36-2015 § 5)
(Ord. 13, Series of 2022)
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Part 700, Table of Contents
Chapter 26.710
LAND USE REGULATIONS
PART 700 — ZONE DISTRICTS
Sections:
26.710.010 General purpose
26.710.020 Zone Districts established
26.710.022 Zoning of lands containing more than one underlying Zone District
26.710.024 Zoning of vacated areas
26.710.030 Official Zone District Map
26.710.040 Medium-Density Residential (R-6)
26.710.050 Moderate-Density Residential (R-15)
26.710.060 Moderate-Density Residential (R-15A)
26.710.070 Moderate-Density Residential (R-15B)
26.710.080 Low-Density Residential (R-30)
26.710.090 Residential Multi-Family (RMF)
26.710.100 Residential Multi-Family-A (RMFA)
26.710.110 Affordable Housing/Planned Development (AH/PD)
26.710.120 High Density Residential (R-3)
26.710.130 Rural Residential (RR)
26.710.140 Commercial Core (CC)
26.710.150 Commercial (C-1)
26.710.160 Service/Commercial/Industrial (S/C/I)
26.710.170 Neighborhood Commercial (NC)
26.710.180 Mixed Use (MU)
26.710.190 Lodge (L)
26.710.200 Commercial Lodge (CL)
26.710.220 Conservation (C)
26.710.230 Academic (A)
26.710.240 Park (P)
26.710.250 Public (PUB)
26.710.260 Open Space (OS)
26.710.270 Wildlife Preservation (WP)
26.710.280 Transportation Overlay (T) Zone District
26.710.290 Drainage Overlay (D) Zone District
26.710.300 Golf Course Support Overlay (GCS) Zone District
26.710.310 Lodge Overlay (LO) Zone District
26.710.320 Lodge Preservation Overlay (LP) Zone District
26.710.330 Ski Area Base (SKI)
26.710.340 Essential Business Overlay
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26.710.010 General purpose.
In order to ensure that all development is consistent with the goals and objectives of the Aspen
Area Community Plan and this Title, it is necessary and proper to establish a series of Zone
Districts to ensure that each permitted and conditional use is compatible with surrounding land
uses, is served by adequate public facilities and is consistent with the environmental sensitivity
of the City and its surrounding area's natural resources. All development within each Zone
District shall be consistent with the purposes stated for that Zone District in this Chapter. Any
use which is not specifically listed in this Chapter as a permitted or conditional use in a Zone
District shall be considered prohibited, unless otherwise interpreted by the Community
Development Director pursuant to Chapter 26.306.
26.710.020 Zone Districts established.
The City is hereby divided in several zones, known and designated as detailed in this Chapter,
to serve the purposes stated above and in each Section of this Chapter describing the individual
Zone Districts.
26.710.022 Zoning of lands containing more than one underlying Zone District.
Whenever any parcel of land shall contain more than one underlying Zone District, the
following rules shall apply:
A. Proposed use not allowed in all Zone Districts. When a parcel of land contains more
than one underlying Zone District and the proposed use is not allowed in all of the respective
Zone Districts, then:
a. The use can only be developed on land in which it is a permitted or a conditional use.
b. The external floor area and density which shall apply to the use shall be calculated based
only on the land area of the Zone District in which the use is a permitted or conditional
use. The off-street parking requirements and other dimensional requirements which
shall apply to the use shall be those of the Zone District in which the use is a permitted
or conditional use, but shall be calculated on the basis of the land area and development
of the entire parcel.
B. Proposed use allowed in all Zone Districts. When a parcel of land contains more than
one underlying Zone District and the proposed use is allowed in all of the respective Zone
Districts, then:
a. The use shall be developed by comparing each dimensional and parking requirement of
the respective Zone Districts and applying the more restrictive of each requirement.
These requirements shall, however, be calculated based on the land area and
development of the entire parcel.
b. The only exception shall be when the area of the parcel which is designated with the
Zone District which permits the higher density constitutes more than seventy-five
percent (75%) of the entire land area of the parcel. In this case, the use shall be
developed using the dimensional requirements and off-street parking requirements of
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the Zone District permitting the higher density, which shall be calculated on the basis
of the land area and development of the entire parcel.
26.710.024 Zoning of vacated areas.
Whenever any street, alley or other public way within the City is vacated by the City Council,
the land on which the street, alley or public way is located shall become a part of the Zone
District of the lands adjoining such street, alley or public way. Those lands shall then become
subject to the regulations that apply to that Zone District. In determining land available for
development, however, vacated lands shall be excluded from the calculation of allowable floor
area, density or required open space.
26.710.030 Official Zone District Map.
A. Establishment of Zone District map. The location and boundaries of the Zone
Districts established in this Title shall be set forth on the Official Zone District Map of the City
which is incorporated herein by reference into this Title as if fully described and set forth herein.
A copy of the official Zone District map shall be located in the office of the Community
Development Department at all times for inspection by the general public during regular
business hours. The official Zone District map shall be the final authority as to the current
zoning of land in the City.
B. Amendment to Zone District map. If pursuant to the terms of this Title, amendments
are made to the boundaries of the official Zone District map, such amendments shall be entered
on the official Zone District map promptly after amendment.
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26.710.040 Medium-Density Residential (R-6).
A. Purpose. The purpose of the Medium-Density Residential (R-6) Zone District is to
provide areas for long-term residential purposes, Sshort- term term vacation rRentals, and
customary accessory uses. Recreational and institutional uses customarily found in proximit y
to residential uses are included as conditional uses. Lands in the Medium-Density Residential
(R-6) Zone District are generally limited to the original Aspen Townsite, contain relatively
dense settlements of predominantly detached and duplex residences and are within walking
distance of the center of the City.
B. Permitted uses. The following uses are permitted as of right in the Medium-Density
Residential (R-6) Zone District:
1. Detached residential dwelling.
2. Duplex.
3. Two (2) detached residential dwellings.
4. Triplex or Fourplex, if 100% deed-restricted affordable housing.
3.5.Existing multi-family housing, if 100% deed-restricted affordable housing. Existing
multi-family housing that is not 100% deed-restricted affordable housing remains a non-
conforming use.
4.6.Home occupations.
5.7.Accessory buildings and uses.
6.8.Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
7.9.Vacation rentalShort-term Rentalss. Pursuant to Section 26.575.22026.530
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. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
6. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium-Density Residential (R-6) Zone District:
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1. Minimum Gross Lot Area (square feet): six thousand (6,000) square feet. For lots
created by Section 26.480.030.A.4, Historic landmark lot split: Three thousand (3,000).
For properties that include or are proposed for 100% deed-restricted affordable housing:
three thousand (3,000).
1. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: 4,500. For Historic Landmark Properties: 3,000.
b. Duplex: 4,500. For Historic Landmark Properties: 3,000. For properties
subdivided as of April 28, 1975: 4,000. For properties annexed subsequent to
January 1, 1989: 3,750.
c. 100% deed-restricted affordable housing; triplex, fourplex: No requirement.
b.d. 100% deed-restricted affordable housing; existing multifamily: No requirement.
c.e. Bed and breakfast, boardinghouse: No requirement.
1. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030.A.4,
Historic Landmark Lot Split: Thirty (30). For lots proposed for 100% deed restricted
affordable housing: Thirty: (30)
2. Minimum front yard (feet): Principal buildings: 10. Accessory buildings: 15.
3. Minimum rear yard (feet): Principal buildings: 10. For the portion of a principal
building used solely as a garage: 5. Accessory buildings: 5.
4. Minimum side yard:
Gross Lot Area
(Square Feet)
Minimum
Size for Each
Side Yard
Total of Both Side Yards*
0—4,500 5 feet 10 feet
4,500—6,000 5 feet 10 feet, plus 1 foot for each additional
300 square feet of Gross Lot Area, to a
maximum of 15 feet of total side yard
6,000—8,000 5 feet 15 feet, plus 1 foot for each additional
200 square feet of Gross Lot Area, to a
maximum of 25 feet of total side yard
8,000—10,000 10 feet 25 feet, plus 1 foot for each additional
200 square feet of Gross Lot Area, to a
maximum of 35 feet of total side yard.
10,000+ 15 feet 35 feet, plus 1 foot for each additional
400 square feet of Gross Lot Area, to a
maximum of 50 feet of total side yard.
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The following requirements shall apply on a lot annexed subsequent to January 1, 1989.
Gross Lot
Area
(Square
Feet)
Minimum
Size for
Each Side
Yard
Total of Both Side Yards*
0—7,500 10 feet 20 feet
7,500—
10,000
10 feet 20 feet, plus 1 foot for each additional 200
square feet of Gross Lot Area, to a maximum of
32.5 feet of total side yard
10,000+ 15 feet 32.5 feet, plus 1 foot for each additional 400
square feet of Gross Lot Area, to a maximum of
50 feet of total side yard
* Two detached residential dwellings located on one lot shall not be subject to the
combined side yard setback requirements, provided that the minimum setback between
the two detached dwellings on the lot shall be ten (10) feet.
For purposes of calculating the minimum side yard setback for lots within the Hallam
Lake Bluff environmentally sensitive area (ESA), the area below the top of slope shall be
subtracted from lot size.
7. Maximum site coverage:
Gross Lot Area (Square Feet) Maximum Site Coverage (%)
0 -5,999 No limitation
6,000 – 9,000 50%, minus 1% for each additional 300
square feet of Gross Lot Area, to a
maximum site coverage of 40%
9,000 – 12,000 40%, minus 1% for each additional 300
square feet of Gross Lot Area, to a
maximum site coverage of 30%
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12,000 – 18,000 30%, minus 1% for each additional
1,200 square feet of Gross Lot Area, to a
maximum site coverage of 25
18,000 + 25%
8. Maximum height (feet): 25; Existing multi-family that is 100% Deed-Restricted
Affordable Housing is limited to its existing height, or 25 feet, whichever is greater.
9. Minimum distance between detached buildings on the lot (feet): 5 feet.
10. Percent of open space required for building site: No requirement.
11. Floor area ratio (applies to conforming and nonconforming lots of record):
a. Single-Family, Duplex, or Two Detached Dwellings
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Net Lot Area (Square
Feet)
Allowable Floor Area
for Single-Family
Residence*
Allowable Floor Area
for Two Detached
Dwellings or One
Duplex*
0—3,000 80 square feet of floor
area for each 100 square
fee in Net Lot Area, up to
a maximum of 2,400
square feet of floor area
90 square feet of floor
area for each 100 square
feet in Net Lot Area , up
to a maximum of 2,700
square feet of floor area
3,000—6,000 2,400 square feet of floor
area, plus 28 square feet
of floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 3,240 square
feet of floor area
2,700 square feet of floor
area, plus 30 square feet
of floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 3,600
square feet of floor area
6,000—9,000 3,240 square feet of floor
area, plus 14 square feet
of floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 3,660 square
feet of floor area
3,600 square feet of floor
area, plus 16 square feet
of floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 4,080
square feet of floor area
9,000—15,000 3,660 square feet of floor
area, plus 6 square feet of
floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 4,020 square
feet of floor area
4,080 square feet of floor
area, plus 6 square feet of
floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 4,440
square feet of floor area
15,000—50,000 4,020 square feet of floor
area, plus 5 square feet of
floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 5,770 square
feet of floor area.
4,440 square feet of floor
area, plus 5 square feet of
floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 6,190
square feet of floor area
50,000+ 5,770 square feet of floor
area, plus 2 square feet of
floor area for each
additional 100 square feet
in Net Lot Area.
6,190 square feet of floor
area, plus 3 square feet of
floor area for each
additional 100 square
feet in Net Lot Area
*Total external floor area for multiple detached residential dwellings on one (1) lot shall not
exceed the floor area allowed for one (1) duplex. Total external floor area for multiple
337
City of Aspen Land Use Code
Part 700, R-6 zone
Page 6
detached residential dwellings on a lot less than nine thousand (9,000) square feet listed on
the inventory of historic landmark sites and structures shall not exceed the floor area allowed
for one (1) detached residential dwelling.
i. Each City of Aspen Historic Transferable Development Right certificate
extinguished, pursuant to Section 26.535, Transferable Development Rights, shall
allow an additional two hundred and fifty (250) square feet of Floor Area. Each
residence on the parcel, excluding accessory dwelling units and carriage houses,
shall be eligible for one (1) floor area increase in exchange for the extinguishment
of one (1) historic TDR. Properties listed on the inventory of historic sites and
structures shall not be eligible for this Floor Area increase. Non-conforming uses
and structures shall not be eligible for this Floor Area increase. No more than one
(1) floor area increase shall be allowed per residence, with the following exceptions:
ii. Non-historic properties with a net lot area of 9,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
iii. Properties within the same subdivision or planned development as a sending site
may be specified as eligible for up to two (2) floor area increases per residence
pursuant to the subdivision or planned development approval. The properties to be
specified as eligible for up to two (2) floor area increases per residence shall be
located within the same subdivision or planned development so as to enhance
preservation of the historic resource, considering a recommendation from the
Historic Preservation Commission, shall not be located adjacent to the sending site
and shall be described and depicted in the subdivision or planned development
approvals granted by City Council. The total number of floor area increases
permitted within the subdivision or planned development shall not exceed an
aggregate total of one (1) per non-historic residence within the entire subdivision or
planned development.
b. 100% Deed-Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor Area
shall be consistent with the Allowable Floor Area for a Duplex or Two Detached Dwellings
as indicated in the table above.
c. 100% Deed-Restricted Affordable Housing; Existing Multifamily: May be expanded up to a
maximum of 0.75:1 FAR. Existing multifamily that is not 100% Deed-Restricted Affordable
Housing remains a non-conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, §§ 1, 7 [part], 10; Ord. No. 25-2001, §§ 1, 5 [part]; Ord. No. 1-2002, § 20
[part]; Ord. No. 54-2003, § 6; Ord. No. 48-2004, § 1; Ord. No. 50-2005, § 1; Ord. No. 27-
2010, §4; Ord. No. 34-2011, §3; Ord. No. 33-2014, §2)
338
City of Aspen Land Use Code
Part 700, R-15 zone
Page 1
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, Sshort- term term vacation rRentals, and
customary accessory uses. Recreational and institutional uses customarily found in proxim ity
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 also
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. Two detached residential dwellings.
4. Triplex or Fourplex, if 100% deed-restricted affordable housing.
3.5.Existing multi-family housing, if 100% deed-restricted affordable housing. Existing
multi-family housing that is not 100% deed-restricted affordable housing remains a non-
conforming use.
4.6.Home occupations.
5.7.Accessory buildings and uses.
6.8.Accessory dwelling units and carriage houses meeting the provisions of section
26.520.040
7.9.Vacation rentalShort-term Rentalss. Pursuant to Section 26.575.22026.530.
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. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15) Zone District.
339
City of Aspen Land Use Code
Part 700, R-15 zone
Page 2
1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots created by
Section 26.480.030.A.4, Historic landmark lot split: three thousand (3,000). For
properties that include or are proposed for 100% deed-restricted affordable housing:
three thousand (3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: 15,000. For historic landmark properties: 3,000.
b. Duplex: 7,500. For historic landmark properties: 3,000.
c. 100% deed-restricted affordable housing; triplex, fourplex: No requirement.
b.d. 100% deed-restricted affordable housing; existing multifamily: No requirement.
c.e. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section
26.480.030.A.4, Historic landmark lot split: Thirty (30). For lots proposed for 100%
deed-restricted affordable housing: Thirty: (30)
3. Minimum front yard setback (feet):
a. Residential dwellings: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
4. Minimum side yard setback (feet): Ten (10).
5. Minimum rear yard setback (feet):
a. Principal buildings: 10
b. Accessory buildings: 5
6. Maximum height (feet): Twenty-five (25).
7. Minimum distance between detached buildings on the lot (feet): Ten (10).
8. Percent of open space required for building site: No requirement.
External floor area ratio (applies to conforming and nonconforming lots of record):
a. Single-Family, Duplex or Two Detached Dwellings:
340
City of Aspen Land Use Code
Part 700, R-15 zone
Page 3
Net Lot
Area
(Square
Feet)
Allowable Floor Area for
Single-Family Residence*
Allowable Floor Area for Two
Detached Dwellings or One
Duplex*
0—3,000 80 square feet of floor area for each
100 square feet in Net Lot Area, up
to a maximum of 2,400 square feet
of floor area
90 square feet of floor area for each
100 square feet in Net Lot Area, up to
a maximum of 2,700 square feet of
floor area
3,000—9,000 2,400 square feet of floor area, plus
28 square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,080
square feet of floor area
2,700 square feet of floor area, plus
30 square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,500
square feet of floor area.
9,000—
15,000
4,080 square feet of floor area, plus 7
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,500
square feet of floor area
4,500 square feet of floor area, plus 7
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,920
square feet of floor area
15,000—
50,000
4,500 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 6,600
square feet of floor area
4,920 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 7,020
square feet of floor area
50,000+ 6,600 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in Net Lot
Area.
7,020 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in Net Lot
Area.
* Total external floor area for multiple detached residential dwellings on one (1) lot
shall not exceed the floor area allowed for one (1) duplex. Total external floor area for
multiple detached residential dwellings on a lot less than twenty thousand (20,000)
square feet listed on the inventory of historic landmark sites and structures shall not
exceed the floor area allowed for one (1) detached residential dwelling.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory
of historic sites and structures shall not be eligible for this floor area increase.
Nonconforming uses and structures shall not be eligible for this floor area increase. No
more than one (1) floor area increase shall be allowed per residence, with the following
exceptions:
341
City of Aspen Land Use Code
Part 700, R-15 zone
Page 4
i. Non-historic properties with a net lot area of 15,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
b. 100% Deed-Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor Area
shall be consistent with the Allowable Floor Area for a Duplex or Two Detached Dwellings
as indicated in the table above.
c. 100% Deed- Restricted Affordable Housing; Existing Multifamily: May be expanded to
a maximum of 0.75:1 FAR. Existing multifamily that is not 100% Deed-Restricted
Affordable Housing remains a non-conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, §§ 2, 7 [part]; Ord. No. 25-2001, §§ 2, 5 [part]; Ord. No. 1-2002, § 20
[part]; Ord. No. 54-2003, § 7; Ord. No. 50-2005, § 2; Ord. No. 27-2010, §4; Ord. No. 34-
2011, §4; Ord. No. 33-2014, §3)
342
City of Aspen Land Use Code
Part 700, R-15A zone
Page 1
26.710.060 Moderate-Density Residential (R-15A).
A. Purpose. The purpose of the Moderate-Density Residential (R-15A) Zone District is
to provide areas for long-term residential purposes, short term vacation rentalsShort-term
Rentals, and 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 percent (50%) of the duplex units are restricted to affordable
housing.
3. Two (2) detached residential dwellings.
4. Triplex or Fourplex, if 100% deed-restricted affordable housing.
3.5.Existing multi-family housing, if 100% deed-restricted affordable housing. Existing
multi-family housing that is not 100% deed-restricted affordable housing remains a non-
conforming use.
4.6.Home occupations.
5.7.Accessory buildings and uses.
6.8.Accessory dwelling units and carriage houses meeting the provisions of section 26.520.
7.9.Vacation rentalShort-term Rentalss. Pursuant to Section 26.575.22026.530
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:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15A) Zone District:
343
City of Aspen Land Use Code
Part 700, R-15A zone
Page 2
1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots created by
Subsection 26.480.030.A.4, Historic landmark lot split: three thousand (3,000). For
properties that include or are proposed for 100% deed-restricted affordable housing:
three thousand (3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: 15,000. For historic landmark properties: three
thousand (3,000).
b. Duplex: 7,500. For historic landmark properties: 3,000.
c. 100% deed-restricted affordable housing; triplex, fourplex: No requirement.
d. 100% deed-restricted affordable housing; existing multifamily: No requirement.
e. Bed and breakfast, boardinghouse: No requirement.
4. Minimum lot width (feet): seventy-five (75) feet. For lots created by Subsection
26.480.030.A.4, Historic landmark lot split: thirty (30). For lots proposed for 100%
deed-restricted affordable housing: Thirty: (30)
3. A minimum front yard setback (feet):
a. Residential dwelling: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): 10.
6. Minimum rear yard setback (feet):
a. Residential dwellings: ten (10).
b. Accessory buildings and all other buildings: five (5).
7. Maximum height (feet): twenty-five (25).
8. Minimum distance between principal and accessory buildings (feet): ten (10).
9. Percent of open space required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
Single-Family, Duplex or Two Detached Dwellings
344
City of Aspen Land Use Code
Part 700, R-15A zone
Page 3
Net Lot
Area
(Square
Feet)
Allowable Floor Area for
Single-Family Residence*
Allowable Floor Area for Two
Detached Dwellings or One
Duplex*
0—3,000 80 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,400
square feet of floor area
90 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,700
square feet of floor area
3,000—
9,000
2,400 square feet of floor area,
plus 28 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,080 square feet
of floor area
2,700 square feet of floor area,
plus 30 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet of
floor area
9,000—
15,000
4,080 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet
of floor area
4,500 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,920 square feet of
floor area
15,000—
50,000
4,500 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 6,600 square feet
of floor area
4,920 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 7,020 square feet of
floor area
50,000+ 6,600 square feet of floor area,
plus 2 square feet of floor area
for each additional 100 square
feet in Net Lot Area.
7,020 square feet of floor area,
plus 3 square feet of floor area
for each additional 100 square
feet in Net Lot Area.
* Total external floor area for multiple detached residential dwellings on one (1) lot shall
not exceed the floor area allowed for one (1) duplex. Total external floor area for multiple
detached residential dwellings on a lot less than twenty thousand (20,000) square feet listed
on the inventory of historic landmark sites and structures shall not exceed the floor area
allowed for one (1) detached residential dwelling.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred and
fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory
of historic sites and structures shall not be eligible for this floor area increase.
Nonconforming uses and structures shall not be eligible for this floor area increase. No
345
City of Aspen Land Use Code
Part 700, R-15A zone
Page 4
more than one (1) floor area increase shall be allowed per residence, with the following
exceptions:
i. Non-historic properties with a net lot area of 15,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
b. 100% Deed-Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor Area
shall be consistent with the Allowable Floor Area for a Duplex or Two Detached Dwellings
as indicated in the table above.
c. 100% Deed- Restricted Affordable Housing; Existing Multifamily: May be expanded to
a maximum of 0.75:1 FAR. Existing multifamily that is not 100% Deed-Restricted
Affordable Housing remains a non-conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 25-2001, § 5 [part]; Ord. No. 1-2002, § 20 [part];
Ord. No. 54-2003, § 8; Ord. No. 50-2005, § 3; Ord. No. 27-2010, §4; Ord. No. 34-2011,
§5; Ord. No. 33-2014, §4)
346
City of Aspen Land Use Code
Part 700, R-15B zone
Page 1
26.710.070 Moderate-Density Residential (R-15B).
A. Purpose. The purpose of the Moderate-Density Residential (R-15B) Zone District is to
provide areas for long-term residential purposes, short term vacation rentalsShort-term Rentals,
and customary accessory uses. Lands in the Moderate-Density Residential (R-15B) Zone
District are similarly situated to those in the Moderate-Density Residential (R-15) and (R-15A)
Zone Districts, but are those in which single-family structures are a permitted use and duplexes
are prohibited.
B. Permitted uses. The following uses are permitted as of right in the Moderate-Density
Residential (R-15B) Zone District:
1. Detached residential dwelling.
2. Home occupations.
3. Accessory buildings and uses.
4. Vacation rentalShort-term Rentalss. Pursuant to Section 26.575.22026.530.
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate-Density Residential (R-15B) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Agricultural uses.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15B) Zone District:
1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000).
2. Minimum Net Lot Area per dwelling unit (square feet): fifteen thousand (15,000).
3. Minimum lot width (feet): seventy-five (75).
4. Minimum front yard setback (feet): thirty (30). For properties located between
Eastwood Drive and Highway 82 (Lots 6-19, Eastwood Subdivision) and properties
located on the northwest portion of Skimming Lane (Lots 8-11, Block 1, Aspen Grove
subdivision): ten (10).
5. Minimum side yard setback (feet): five (5).
6. Minimum rear yard setback (feet):
a. Residential dwellings: ten (10)
b. Accessory buildings and all other buildings: five (5).
For properties located between Eastwood Drive and Highway 82 (Lots 6-19, Eastwood
Subdivision) and properties located on the northwest portion of Skimming Lane (Lots
8-11, Block 1, Aspen Grove subdivision): thirty (30).
7. Maximum height (feet): twenty-five (25).
347
City of Aspen Land Use Code
Part 700, R-15B zone
Page 2
8. Minimum distance between principal and accessory buildings: No requirement.
9. Percent of open space required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
Net Lot Area
(Square Feet) Allowable Floor Area for Single-Family Residence
0—3,000 80 square feet of floor area for each 100 square feet in Net
Lot Area, up to a maximum of 1,680 square feet of floor
area
3,000—9,000 1,680 square feet of floor area, plus 20 square feet of floor
area for each additional 100 square feet in Net Lot Area, up
to a maximum of 2,880 square feet of floor area
9,000—
15,000
2,880 square feet of floor area plus 5 square feet of floor
area for each additional 100 square feet in Net Lot Area, up
to a maximum of 3,180 square feet of floor area
15,000—
50,000
3,180 square feet of floor area, plus 4 square feet of floor
area for each additional 100 square feet in Net Lot Area, up
to a maximum of 4,580 square feet of floor area
50,000+ 4,580 square feet of floor area, plus 1 square foot of floor
area for each additional 100 square feet in Net Lot Area.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. No more than one (1) floor area
increase shall be allowed per residence. Properties listed on t he inventory of historic sites
and structures shall not be eligible for this floor area increase. Nonconforming uses and
structures shall not be eligible for this floor area increase.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 25-2001, § 5 [part]; Ord. No. 54-2003, § 9; Ord. 51-
2005, § 1; Ord. No. 27-2010, §4; Ord. No. 34-2011, §6)
348
City of Aspen Land Use Code
Part 700, R-30 zone
Page 1
26.710.080 Low-Density Residential (R-30).
A. Purpose. The purpose of the Low-Density Residential (R-30) Zone District is to
provide areas for long-term residential purposes, short term vacation rentalsShort-term Rentals,
and customary accessory uses. Recreational and institutional uses customarily found in
proximity to residential uses are included as conditional uses. Lands in the Low-Density
Residential (R-30) Zone District are typically located along river frontages in outlying areas of
the City.
B. Permitted uses. The following uses are permitted as of right in the Low-Density
Residential (R-30) Zone District:
1. Detached residential dwelling.
2. Duplex.
3. Triplex or Fourplex, if 100% deed-restricted affordable housing.
2.4.Existing multi-family housing, if 100% deed-restricted affordable housing. Existing
multi-family housing that is not 100% deed-restricted affordable housing remains a
non-conforming use.
3.5.Home occupations.
4.6.Accessory buildings and uses.
5.7.Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
6.8.Vacation RentalShort-term Rentalss. Pursuant to Section 26.575.22026.530
C. Conditional uses. The following uses are permitted as conditional uses in the Low-
Density Residential (R-30) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Low-Density Residential (R-30) Zone District:
1. Minimum Gross Lot Area (square feet): thirty thousand (30,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: thirty thousand (30,000).
349
City of Aspen Land Use Code
Part 700, R-30 zone
Page 2
b. Duplex: fifteen thousand (15,000).
c. 100% deed-restricted affordable housing; triplex, fourplex: No requirement.
d. 100% deed-restricted affordable housing; existing multifamily: No requirement.
3. Minimum lot width (feet): one hundred (100). For lots proposed for 100% deed-
restricted affordable housing: Thirty: (30)
4. Minimum front yard setback (feet):
a. Residential dwellings: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): ten (10).
6. Minimum rear yard setback (feet):
a. Residential dwellings: fifteen (15).
b. Accessory buildings: five (5).
c. All other buildings: thirty (30).
7. Maximum height (feet): twenty-five (25).
8. Minimum distance between principal and accessory buildings (feet): ten (10).
9. Percent of open space required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
a. Single-Family and Duplex:
350
City of Aspen Land Use Code
Part 700, R-30 zone
Page 3
Net Lot Area
(Square
Feet)
Allowable Floor Area for
Single-Family Residence Allowable Floor Area for
Duplex
0—3,000 80 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,400
square feet of floor area
90 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,700
square feet of floor area
3,000—9,000 2,400 square feet of floor area,
plus 28 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,080 square feet
of floor area
2,700 square feet of floor area,
plus 30 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet
of floor area
9,000—
15,000
4,080 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet
of floor area
4,500 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,920 square feet
of floor area
15,000—
50,000
4,500 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 6,600 square feet
of floor area
4,920 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 7,020 square feet
of floor area
50,000+ 6,600 square feet of floor area,
plus 2 square feet of floor area
for each additional 100 square
feet in Net Lot Area
7,020 square feet of floor area,
plus 3 square feet of floor area
for each additional 100 square
feet in Net Lot Area
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding
accessory dwelling units and carriage houses, shall be eligible for one (1) floor area
increase in exchange for the extinguishment of one (1) historic TDR. Properties listed on
the Inventory of Historic Landmark Sites and Structures shall not be eligible for this floor
area increase. Nonconforming uses and structures shall not be eligible for this floor area
increase. No more than one (1) floor area increase shall be allowed per residence, with
the following exceptions:
i. Non-historic properties with a net lot area of 30,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
b. 100% Deed-Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor
Area shall be consistent with the Allowable Floor Area for a Duplex or Two Detached
Dwellings as indicated in the table above.
351
City of Aspen Land Use Code
Part 700, R-30 zone
Page 4
c. 100% Deed- Restricted Affordable Housing; Existing Multifamily: 0.75:1 FAR.
Existing multifamily that is not 100% Deed-Restricted Affordable Housing remains a
non-conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. No. 54-2003, §10; Ord. No.
27-2010, §4; Ord. No.34-2011, §7; Ord. No.33-2014, §5)
352
City of Aspen Land Use Code
Part 700, RMF zone
Page 1
26.710.090 Residential Multi-Family (RMF).
A. Purpose. The purpose of the Residential Multi-Family (RMF) Zone District is to
provide for the use of land for intensive long-term residential purposes, short term vacation
rentalsShort-term Rentals, and 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 (RMF) Zone District are typically those found in the Aspen infill
area, within walking distance of the center of the City or 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 (RMF) Zone District:
1. Detached residential dwelling.
2. Two (2) detached residential dwellings.
3. Duplex dwelling.
4. Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
9. For historic landmark properties: bed and breakfast.
10. Vacation RentalShort-term Rentalss. Pursuant to Section 26.575.22026.530
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential Multi-Family (RMF) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential Multi-Family (RMF) Zone District:
2. Minimum Gross Lot Area (square feet): six thousand (6,000). For lots created by
Paragraph 26.480.030.A.4, Historic landmark lot split: three thousand (3,000). For
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properties that include or are proposed for 100% deed-restricted affordable housing:
three thousand (3,000).
3. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: four thousand five hundred (4,500). For historic
landmark properties: three thousand (3,000).
b. Duplex dwelling unit: four thousand five hundred (4,500). For historic landmark
properties: three thousand (3,000).
c. Multi-family dwellings: No requirement.
d. Bed and breakfast: No requirement.
5. Minimum lot width (feet): sixty (60). For lots created by Paragraph 26.480.030.A.4,
Historic landmark lot split: thirty (30). For lots containing or proposed for 100% deed-
restricted affordable housing: Thirty: (30)
4. Minimum front yard setback (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family: five (5).
5. Minimum side yard setback (feet):
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi-family: five (5).
6. Minimum rear yard setback (feet):
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi-family: five (5).
7. Maximum height (according to density) (feet):
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi-family – parcel density less than one (1) unit per one thousand five hundred
(1,500) square feet of Gross Lot Area: twenty-five (25).
c. Multi-family – parcel density equal to or greater than one (1) unit per one thousand
five hundred (1,500) square feet of Gross Lot Area: thirty-two (32).
8. Minimum distance between buildings on the lot (feet):
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi-family: No requirement. (Building and Fire Codes may apply.)
9. Public amenity space: Pursuant to Section 26.575.030.
10. Floor area ratio (FAR). This Paragraph applies to each type of use according to density
and applies to conforming and nonconforming lots of record:
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a. Existing detached residential and duplex dwellings: one hundred percent (100%)
of the allowable floor area of an equivalent-sized lot located in the R-6 Zone District.
(See Section 26.710.040, R-6 Zone District.) City historic transferable development
rights shall not permit additional floor area for detached residential and duplex
dwellings.
b. New or replacement after demolition detached residential and duplex dwellings:
eighty percent (80%) of the allowable floor area of an equivalent-sized lot located
in the R-6 Zone District. (See Section 26.710.040, R-6 Zone District.) City historic
transferable development rights shall not permit additional floor area for detached
residential and duplex dwellings.
c. Multi-family – parcel density of less than one (1) unit per one thousand five hundred
(1,500) square feet of Gross Lot Area: 0.75:1.
d. Multi-family – parcel density equal to or greater than one (1) unit per one thousand
five hundred (1,500) square feet of Gross Lot Area: 1.25:1.
e. Multi-family – parcel density equal to or greater than one (1) unit per seven hundred
fifty (750) square feet of Gross Lot Area: 1.5:1.
11. Maximum multi-family unit size (square feet): For properties in the Aspen infill area,
two thousand (2,000) square feet of net livable area. For properties outside the Aspen
infill area, two thousand five hundred (2,500) square feet of net livable area.
a. The property owner may increase individual multi-family unit size by extinguishing
historic transferable development right certificates ("certificate" or "certificates"),
subject to the following:
1) The transfer ratio is five hundred (500) square feet of net livable area for each
certificate that is purchased.
2) The additional square footage accrued may be applied to multiple unit s.
However, the maximum individual unit size attainable by transferring
development rights is two thousand five hundred (2,500) square feet of net
livable area for properties within the Aspen infill area and three thousand (3,000)
square feet of net livable area for properties outside the Aspen infill area (i.e.,
no more than five hundred [500] additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the floor area ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20 [part]; Ord.
No. 29-2002, §1; Ord. No. 27-2004, §1; Ord. No. 50-2005, §10; Ord. No. 9, 2007, §1; Ord. No.
27-2010, §4; Ord. No. 34-2011, §8)
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Part 700, RMFA zone
Page 1
26.710.100 Residential Multi-Family-A (RMFA).
A. Purpose. The purpose of the Residential Multi-Family-A (RMFA) Zone District is to
provide for the use of land for intensive long-term residential purposes, short term vacation
rentalsShort-term Rentals, and 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-A (RMFA) Zone District are typically those found in the Aspen
infill area, within walking distance of the center of the City or 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-A (RMFA) Zone District:
1. Detached residential dwelling.
2. Two (2) detached residential dwellings.
3. Duplex dwelling.
4. Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter
26.520.
9. For historic landmark properties: bed and breakfast.
10. Vacation RentalShort-term Rentalss. Pursuant to Section 26.575.22026.530
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential Multi-Family-A (RMFA) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Residential Multi-Family-A (RMFA) Zone District:
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11. Minimum Gross Lot Area (square feet): six thousand (6,000). For historic landmark
properties: three thousand (3,000). For properties that include or are proposed for 100%
deed-restricted affordable housing: three thousand (3,000).
1. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: 4,500. For historic landmark properties: 3,000.
b. Duplex dwelling unit: 4,500. For historic landmark properties: 3,000.
c. Multi-family dwellings: No requirement.
d. Bed and breakfast: No requirement.
6. Minimum lot width (feet): sixty (60). For historic landmark properties: thirty (30). For
lots containing or proposed for 100% deed-restricted affordable housing: Thirty: (30)
3. Minimum front yard setback (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family: 5.
4. Minimum side yard setback (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family: 5.
5. Minimum rear yard setback (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family: 5.
6. Maximum height (according to density) (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family – parcel density less than one (1) unit per 1,500 square feet of Gross
Lot Area: 25.
c. Multi-family – parcel density equal to or greater than one (1) unit per 1,500 square
feet of Gross Lot Area: 32.
7. Minimum distance between buildings on the lot (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family: No requirement. (Building and Fire Codes may apply).
8. Public amenity space: Pursuant to Section 26.575.030.
9. Floor area ratio (FAR). This Paragraph applies to each type of use according to
density and applies to conforming and nonconforming lots of record:
a. Existing detached residential and duplex dwellings: One hundred percent (100%)
of the allowable floor area of an equivalent-sized lot located in the R-6 Zone
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District. (See Section 26.710.040, R-6 Zone District.) City historic transferable
development rights shall not permit additional floor area for detached residential
and duplex dwellings.
b. New or replacement after demolition detached residential and duplex dwellings:
Eighty percent (80%) of the allowable floor area of an equivalent-sized lot located
in the R-6 Zone District. (See Section 26.710.040, R-6 Zone District.) City
historic transferable development rights shall not permit additional floor area for
detached residential and duplex dwellings.
c. Multi-family – parcel density of less than one (1) unit per one thousand five
hundred (1,500) square feet of Gross Lot Area: 0.75:1.
d. Multi-family – parcel density equal to or greater than one (1) unit per one thousand
five hundred (1,500) square feet of Gross Lot Area: 1.25:1.
e. Multi-family – parcel density equal to or greater than one (1) unit per seven
hundred fifty (750) square feet of Gross Lot Area: 1.5:1.
10. Maximum multi-family unit size (square feet): For properties in the Aspen infill area,
two thousand (2,000) square feet of net livable area. For properties outside the Aspen
infill area, two thousand five hundred (2,500) square feet of net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate that
is purchased.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 square feet of net livable area for properties within
the Aspen infill area and 3,000 square feet of net livable area for properties
outside the Aspen infill area (i.e., no more than five hundred [500] additional
square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the floor area ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord No. 27-2004, §2; Ord. No. 9,
2007, §2; Ord. No. 27-2010, §4; Ord. No. 34-2011, §9)
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Part 700, AH/PD zone
Page 1
26.710.110 Affordable Housing/Planned Development (AH/PD).
A. Purpose. The purpose of the Affordable Housing/Planned Development (AH/PD)
Zone District is to provide for the use of land for the production of category affordable
housing and resident occupied lots and units. The Zone District also permits a limited
component of free market lots/units to offset the cost of developing affordable housing. It is
contemplated that land may also be subdivided in connection with a development plan. The
AH/PD Zone District is intended for residential use primarily by permanent residents of the
community and in some instances allows for short term vacation rentalsShort-term Rentals.
Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the AH/PD Zone District should be scattered
throughout the City to ensure a mix of housing types, including those which are affordable by
its working residents; at the same time the AH/PD Zone District can protect the City's
neighborhoods from rezoning pressures that other non-community-oriented Zone Districts
may produce. Further, lands in the AH/PD Zone District should be located within walking
distance of the center of the City or on transit routes.
B. Permitted uses. The following uses are permitted as of right in the AH/PD Zone
District:
1. Residential uses restricted to category affordable housing guidelines and resident
occupied units which comply with the following requirements:
a. Minimum bedroom mix. A minimum of seventy percent (70%) of the project's
total bedrooms shall be deed restricted affordable housing consistent with the
Affordable Housing Guidelines. The mix between categories of housing shall be
consistent with the Affordable Housing Guidelines. The remaining bedrooms that
are not deed restricted to affordable housing may be free market residential units.
b. Permissible reduction in bedroom mix for exemplary projects. A project may be
eligible for a reduction of the minimum affordable housing bedroom mix
requirement to a level of sixty percent (60%) of the project's total bedrooms if the
applicant can demonstrate to the satisfaction of the City Council that the project
meets the requirements for an exceptional project as set forth in the Affordable
Housing Guidelines.
2. Home occupations.
3. Accessory buildings and uses.
4. Accessory dwelling units meeting the provisions of Chapter 26.520.
5. Vacation rentalShort-term Rentalss. Pursuant to Section 26.575.22026.530
C. Conditional uses. The followings uses are permitted as conditional uses in the
Affordable Housing (AH) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Park and open use recreation site.
2. Child care center.
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3. Satellite dish antennae.
4. Dormitory.
5. Transit facilities.
D. Dimensional requirements. The following dimensional requirements shall be
established by adoption of a Final PD Development Plan and shall apply to all permitted and
conditional uses in the Planned Development:
1. Minimum Gross Lot Area.
2. Minimum Net Lot Area per dwelling unit.
3. Maximum allowable density.
4. Minimum lot width.
6. Minimum front yard.
7. Minimum side yard.
8. Minimum rear yard.
9. Maximum site coverage.
10. Maximum height (including view planes).
11. Minimum distance between buildings on the lot.
12. Minimum percent open space required for the building site.
13. Trash access area.
14. Allowable floor area.
15. Minimum off-street parking spaces.
16. Other dimensions determined necessary to establish through the PD process.
Note #1: The maximum allowable density permitted in this zone shall be established by
adoption of a Final PD Development Plan by using the following table applied to the
proposed fathering parcel as a guide:
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Unit Type
Minimum Net Lot Area* Per Dwelling
Unit (Square Feet)
Dormitory 300
Studio 400
One Bedroom 500
Two Bedroom 1000
Three Bedroom 1500
3+ Bedrooms 500 /Bedroom
Note #2: The allowable floor area permitted in this zone shall be established by adoption
of a Final PD Development Plan by using the following table applied to the proposed
fathering parcel as a guide:
Fathering Parcel Net Lot Area*
Allowable Floor
Area Ratio
0—15,000 square feet 1.1:1
15,001—25,000 square feet 1:1
25,001—43,560 square feet .8:1
>1 acre—3 acres .6:1
>3 acres—6 acres .36:1
>6 acres .3:1
* Net Lot Area as defined in the Land Use Code.
(Ord. No. 27-2010, §4; Ord. No. 34-2011, §10)
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Part 700, R-3 zone
Page 1
26.710.120 High Density Residential (R-3).
A. Purpose. The purpose of the High Density Residential (R-3) Zone District is to provide
for the use of land to locate manufactured housing for intensive long-term residential purposes,
short term vacation rentalsShort-term Rentals, and customary accessory uses and less intensive
office uses. Recreational and institutional uses customarily found in proximity to residential
uses are included as conditional uses. The High Density Residential (R-3) Zone District shall
be located in areas where the effect on surrounding property shall be minimized, where the
health, safety and general welfare of the High Density Residential (R-3) Zone District residents
and others will be protected and where the topography is suitable for the permitted uses and
conditional uses allowed in the High Density Residential (R-3) Zone District.
B. Permitted uses. The following uses are permitted as of right in the High Density
Residential (R-3) Zone District:
1. Mobile home park.
1.
2. Home occupations.
3. Accessory buildings and uses.
2. Accessory dwelling units meeting the provisions of Chapter 26.520.
3. Vacation RentalShort-term Rentalss. Pursuant to Section 26.575.22026.530.
C. Conditional uses. The following uses are permitted as conditional uses in the High
Density Residential (R-3) 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.
2. Church.
3. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the High Density Residential (R-3) Zone District:
1. Minimum Gross Lot Area: three thousand (3,000) square feet.
2. Minimum Net Lot Area per dwelling unit: three thousand (3,000) square feet.
2. Minimum lot width: forty (40) feet.
3. Minimum front yard setback: five (5) feet (excluding hitch on mobile home).
4. Minimum side yard setback: five (5) feet.
5. Minimum rear yard setback: five (5) feet.
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Part 700, R-3 zone
Page 2
6. Maximum height:
Administrative service buildings: twenty-five (25) feet.
All other structures: fifteen (15) feet.
7. Minimum distance between principal and accessory buildings: five (5) feet.
8. Percent of open space required for building site: No requirement.
9. External floor area ratio: No requirement.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 39-2001, § 1; Ord. No. 27-2010, §4; Ord. No.34-
2011, §11)
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Part 700, RR zone
Page 1
26.710.130 Rural Residential (RR).
A. Purpose. Purpose. The purpose of the Rural Residential (RR) Zone District is to
allow utilization of land for low density, long-term residential and Sshort-t term vacation
rRental purposes with the recreational, institutional, public and other compatible uses
customarily found in proximity to those uses allowed as permitted uses or conditional uses.
B. Permitted uses. The following uses are permitted as of right in the Rural Residential
(RR) Zone District:
1. Detached residential dwelling.
2. Farm building and use, provided that all such buildings and storage areas are located at
least one hundred (100) feet from pre-existing dwellings on other lots.
2. Nursery.
3. Greenhouse.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units meeting the provisions of Section 26.520.040.
7. Vacation RentalShort-term Rentals. Pursuant to Section 26.575.22026.530
C. Conditional uses. The following uses are permitted as conditional uses in the Rural
Residential (RR) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. Public building.
2. Public and private academic school.
3. Church.
4. Radio tower.
5. Recreation club.
6. Child care center.
2. Park and open use recreation site including ski runs, ski lifts and other skiing facilities
and structures.
3. Sewage disposal.
4. Water storage and reservoir.
5. Electric substation or gas regulator station (not including building for offices, repair or
storage).
6. Veterinary clinic.
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Page 2
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Rural Residential (RR) Zone District:
1. Minimum Gross Lot Area: two (2) acres.
2. Minimum Net Lot Area per dwelling unit: two (2) acres.
3. Minimum lot width: two hundred (200) feet.
4. Minimum front yard setback: thirty (30) feet.
5. Minimum side yard setback: twenty (20) feet.
6. Minimum rear yard setback: twenty (20) feet.
7. Maximum height: twenty-eight (28) feet.
8. Minimum distance between principal and accessory buildings: No requirement.
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 R-15 Zone District.
(Ord. No. 56-2000, § 3; Ord. No. 25-2001, § 3; Ord. No. 27-2010, §4; Ord. No. 34-2011, §12)
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Part 700, CC zone
Page 1
26.710.140 Commercial Core (CC).
A. Purpose. The Commercial Core (CC) serves as the highest intensity commercial area,
fulfilling the policies of the Aspen Area Community Plan geared towards a strong and
sustainable local and visitor economy, a diversity of commercial opportunities and the
maintenance of Aspen’s historic character. The CC zone provides for the use of land for retail,
service, commercial, and institutional purposes within mixed-use buildings oriented to local
and tourist populations. The balance of uses is designed to enhance the business and
commercial character in the historic core of the City and provide commercial opportunities
proximate to multi-modal transit infrastructure. This mix of uses creates economic, cultural
and social vitality,
B. Permitted uses. The following uses are permitted by right in the Commercial Core
(CC) Zone District:
1. Uses allowed on basement floors: General retail, specialty retail, restaurant, bar and
entertainment uses, office uses, and building elements necessary and incidental to uses
on other floors. Lodging uses, only when the entire building is dedicated to lodging and
associated commercial use.
2. Uses allowed on the ground floor: General retail, specialty retail, restaurant, bar and
entertainment uses, and uses and building elements necessary and incidental to uses on
other floors. Lodging uses, only when the entire building is dedicated to lodging and
associated commercial use. Office uses are prohibited on the ground floor except within
spaces set back a minimum of forty (40) feet from the front property line and recessed
behind the front-most street-facing façade. This prohibition shall not apply to split-level
buildings (see definition) or properties north of Main Street. Parking shall not be
allowed as the sole use of the ground floor. Automobile drive-through service is
prohibited.
3. Uses allowed on upper floors: General retail, specialty retail, restaurant, bar and
entertainment uses, office uses, lodging, and affordable multi-family housing.
4. Uses allowed on all floors: General retail, specialty retail, restaurant, bar and
entertainment uses, arts, cultural, civic and community uses, public uses, academic uses,
service uses, accessory uses and structures, storage accessory to a permitted use, and
uses and building elements necessary and incidental to uses on other floors, including
parking accessory to a permitted use.
5. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order, or
applied for a Development Order) prior to Ordinance 25 (Series of 2012).
6. Affordable Housing Units: Affordable housing is permitted by right on upper floors.
where accessory to a commercial use on the property or required for on -site affordable
housing mitigation requirements. Affordable housing created pursuant to this
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subsection is not eligible to be used for the creation of Certificates of Affordable
Housing Credit, pursuant to Chapter 26.540, unless for a fraction of a unit.
7.6.
8.7.Home Occupations and Vacation RentalsShort-term Rentals: Home Occupations and
Vacation RentalsShort-term Rentals are permitted only in legally established residential
units.
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. Gasoline service station.
2. Commercial parking facility, pursuant to Chapter 26.515.
3. Automobile showroom and dealership.
4. Formula uses, which shall be subject to the provisions contained in Section
26.425.045.
5. Lodge, Boutique.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial Core (CC) Zone District. The
dimensional standards and allotments provided in this section for commercial and mixed-use
developments are the maximum allowable for the zone and may not be achieved for all
developments. Site constraints, historic resources, on-site mitigation and replacement
requirements, and other factors may prevent development from achieving some or all of the
maximum allowable dimensional standards.
1. Minimum Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
8. Maximum height (feet): Twenty-eight (28) feet.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public amenity space: Pursuant to Section 26.412.
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Page 3
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2.25:1.
a. Commercial uses: 2.25:1.
b. Arts, cultural, civic and community uses, public uses, recreational uses,
academic uses, child care center and similar uses: 2:1.
c. Affordable multi-family housing: Greater of existing FAR or 1:1.
d. Lodging: 0.5:1, which may be increased to 1.5:1 if the individual lodge
units on the parcel average five hundred (500) net livable square feet or
less, which may be comprised of lock-off units.
e. Free-Market multi-family housing: Limited to the existing free-market
multi-family FAR. No expansion to FAR shall be permitted, except at-
grade patios, and decks (other than roof-top decks), balconies, exterior
stairways, trellis, and other similar features up to 15% of the total free-
market residential floor area. Any subsequent reduction in floor area
occupied by such residential use shall be deemed a new limitation and
the use shall not thereafter be enlarged to occupy a greater floor area.
Free-market residential units shall not be able to utilize any exemptions
to floor area outlined in Section 26.575.020(D), Measuring Floor Area,
except as noted above.
12. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off
units, this maximum shall apply to the largest possible combination of units.
13. Net Livable Area (square feet):
a) Category 1-57 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
c) Free-Market Residential: Overall net livable area for a building or project is
limited to the existing net livable square footage. No expansion to overall net
livable area shall be permitted, except for as described below. Any subsequent
reduction in net livable area occupied by such residential use shall be deemed a
new limitation and the use shall not thereafter be enlarged to occupy a greater
net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable
area. Combination of Free-Market residential units is permitted, but subject to
the net livable size limitations herein, as well as other provisions of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit
sizes may be increased by extinguishing Historic Transferable Development
Right Certificates (“certificate” or “certificates”), subject to the following:
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Page 4
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or
the use.
14. Commercial/residential ratio: When development includes mixed-uses, the total
residential net livable area shall be no greater than 65% of the total above-grade
commercial net leasable and lodge net livable area on the same parcel.
Compliance with City of Aspen Charter. Any property located east of Castle Creek that was
in the Commercial Core (CC) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §§7 [part], 11; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20 [part];
Ord. No. 21-2002, §§5 and 6 [part]; Ord. No. 28a-2004, §2; Ord. No. 12-2006, §10; Ord. No.
11, 2007, §1; Ord. No. 27-2010, §4; Ord. No. 34-2011, §13; Ord. No.12-2012, §1; Ord.
No.25-2012, §1; Ord. No.20-2015, 2; Ord. No.25-2015, 1; Ord. No. 29, 2016, §1; Ord. 23,
2017, §4)
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26.710.150 Commercial (C-1).
Purpose. The Commercial (C-1) zone district provides for a diversity of commercial uses in
mixed-use buildings outside of the historic context of the Commercial Core (CC) zone district.
The C-1 zone advances Aspen Area Community Plan policies geared toward a strong and
sustainable local and visitor economy, a diversity of commercial opportunities and the
maintenance of Aspen as a recreation and cultural destination. The C-1 zone creates economic
vitality by providing a mix of commercial uses with greater flexibility in architecture and
design, enhancing Aspen’s community character. The C-1 creates a transition from the more
intense activity of the CC zone district to the surrounding mixed-use, residential and lodge
related uses.
B. Permitted uses. The following uses are permitted by right in the Commercial (C-1)
Zone District:
1. Uses allowed on all floors: General retail, specialty retail, restaurant, bar and
entertainment uses, service uses, lodging uses, office uses, arts, cultural, civic and
community uses, public uses, recreational uses, academic uses, bed and breakfast,
accessory uses and structures, and uses and building elements necessary and incidental
to uses on other floors, including parking accessory to a permitted use, storage accessory
to a permitted use. Parking shall not be allowed as the sole use of the ground floor.
Automobile drive-through service is prohibited.
2. Uses allowed on upper floors: Affordable multi-family housing.
3. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order, or
applied for a Development Order) prior to Ordinance 25 (Series of 2012).
3.
Affordable Housing Units: Affordable housing is permitted by right. where accessory to a
commercial use on the property or required for on-site affordable housing mitigation
requirements. Affordable housing created pursuant to this subsection is not eligible to be used
for the creation of Certificates of Affordable Housing Credit, pursuant to Chapter 26.540, unl ess
for a fraction of a unit.
5.4.Affordable Housing Units: Affordable housing is permitted by right.
6.5.Home Occupations and Vacation RentalsShort-term Rentals: Home Occupations and
Vacation RentalsShort-term Rentals are permitted on any building level only in legally
established residential units.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial (C-1) Zone District, subject to the standards and procedures established in
Chapter 26.425:
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1. Affordable multi-family housing or home occupations on the ground floor.
2. Commercial parking facility, pursuant to Section 26.515.
3. Automobile showroom and dealership.
4. Formula uses, which shall be subject to the provisions in Section 26.425.045.
5. Lodge, Boutique.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial (C-1) Zone District. The dimensional
standards and allotments provided in this section for commercial and mixed-use developments
are the maximum allowable for the zone and may not be achieved for all developments. Site
constraints, historic resources, on-site mitigation and replacement requirements, and other
factors may prevent development from achieving some or all of the maximum allowable
dimensional standards.
1. Minimum Gross Lot Area (square feet):
a. Bed and breakfast: 3,000.
b. All other uses: No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
3. Minimum lot width (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
4. Minimum front yard setback (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
5. Minimum side yard setback (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
6. Minimum rear yard setback (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
7. Minimum utility/trash/recycle area: Pursuant to chapter 12.06
8. Maximum height:
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: Twenty-Eight (28) feet
9. Minimum distance between buildings on the lot (feet):
a. Bed and breakfast: Same as R-6 Zone District.
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b. All other uses: No requirement.
10. Public amenity space: Pursuant to Section 26.412.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2:1.
a. Commercial uses: 2:1.
b. Arts, cultural, civic and community uses, public uses, recreational uses,
academic uses, and similar uses: 1.75:1.
c. Affordable multi-family housing: Greater of existing FAR or 1:1
d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on
the parcel average five hundred (500) net livable square feet or less, which
may be comprised of lock-off units.
e. Bed and breakfast (as the sole use of parcel and not cumulative with other
uses): Eighty percent (80%) of allowable floor area of a same-sized lot located
in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic
TDRs shall not permit additional FAR for single-family or duplex
development.
f. Free-Market multi-family housing: Limited to the existing free-market multi-
family FAR. No expansion to FAR shall be permitted except at-grade patios,
and decks (other than roof-top decks), balconies, exterior stairways, trellis, and
other similar features up to 15% of the total free-market residential floor area.
Any subsequent reduction in floor area occupied by such residential use shall
be deemed a new limitation and the use shall not thereafter be enlarged to
occupy a greater floor area. Free-market residential units shall not be able to
utilize any exemptions to floor area outlined in Section 26.575.020(D),
Measuring Floor Area, except as noted above.
12. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off
units, this maximum shall apply to the largest possible combination of units.
13. Net Livable Area (square feet):
a) Category 1-57 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
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c) Free-Market Residential: Overall net livable area for a building or project is
limited to the existing net livable square footage. No expansion to overall net
livable area shall be permitted. Any subsequent reduction in net livable area
occupied by such residential use shall be deemed a new limitation and the use
shall not thereafter be enlarged to occupy a greater net livable area. Individual
units shall be limited to 2,000 sq. ft. of net livable area. Combination of Free-
Market residential units is permitted, but subject to the net livable size
limitations herein, as well as other provisions of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit
sizes may be increased by extinguishing Historic Transferable Development
Right Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
14. Commercial/residential ratio: When development includes mixed-uses, the total
residential net livable area shall be no greater than 65% of the total commercial net
leasable and lodge net livable area on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Commercial (C-1) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §§7 [part], 12, 15; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20;
Ord. No. 28b-2004, §1; Ord. No. 12-2006, §11; Ord. No. 11, 2007, §2; Ord. No. 27-2010, §4;
Ord. No. 34-2011, §14; Ord. No. 12-2012, §2; Ord. No. 25-2012, §2; Ord. No. 20-2015, §3;
Ord. No.25-2015, 2; Ord. No. 29, 2016, §2; Ord. No. 23, 2017, §5)
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26.710.160 Service/Commercial/Industrial (S/C/I).
A. Purpose. The S/C/I zone supports Aspen Area Community Plan policies related to a
sustainable, local serving economy and the preservation of a diversity of commercial
opportunities for locals and visitors. In response to the decreased intensity of commercial uses
in the zone and relative distance from the CC and C1 zones, both multi-modal and automobile
parking improvements are appropriate on site in the S/C/I. In order to enhance the City’s
commercial diversity, the zone allows for uses not found in other zones including light
industrial, manufacturing, production, repair and similar service-related uses. The S/C/I zone
is designed to provide commercial space to those uses not appropriate in other commercial
zones, but which provide an essential or unique service to support the local economy.
Flexibility and adaptability are important features of the zone to respond to changing
commercial sector dynamics and meet the space needs of the City’s service, creative and
production economies.
B. Permitted and Conditional Uses.
1. The following uses may have, in combination, a limited percent of the floor area,
devoted to retail sales, showroom, or customer reception, and such uses shall be
ancillary to the primary commercial use. This floor area percentage may be
increased through Special Review by the Planning and Zoning Commission,
pursuant to Section 26.430.050, and according to the standards of Section
26.710.160(E)1.
% retail sales,
showroom, or
customer reception
(maximum – net
leasable area)
Uses include the manufacturing, repair, customization,
servicing, alteration, detailing, rental or sale of consumer goods,
such as:
100% • Vehicle sales.
• Building materials, components, hardware, fixtures, interior
finishes and equipment.
• Fabric and sewing supply.
• Household appliances such as ranges, refrigerators,
dishwashers, etc.
• Outdoor recreational items, which may be in combination with a
service use related to guiding or touring.
25% • Animal boarding facility.
• Animal grooming establishment.
• Artist studio.
• Brewery and brewing supply.
• Coffee roasting and supply.
• Commercial dry cleaning.
• Commercial Kitchen or Bakery.
• Design Studio (limited to the Andrews-McFarlin Subdivision).
• Laundromat.
• Locksmith.
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% retail sales,
showroom, or
customer reception
(maximum – net
leasable area)
Uses include the manufacturing, repair, customization,
servicing, alteration, detailing, rental or sale of consumer goods,
such as:
• Marijuana Cultivation Facility, Marijuana Product
Manufacturing Facility, or Marijuana Testing Facility.
• Consumer electronics service and repair.
• Post Office branch.
• Printing and copy center.
• Shipping, packing and receiving services.
• Veterinary clinic.
10% • Automobile washing facility.
• Building/landscape maintenance facility.
• Warehousing and storage.
2. Primary Care Physician’s Office Uses permitted:
a. On Upper Floors, pursuant to Section 26.710.160 (D)11(b).
b. Limited to a cap of 3,500 square feet at the Obermeyer Place PD, upon execution
of an Insubstantial PD Amendment.
3. Affordable Housing Units: Affordable housing is permitted as a mixed use with other
approved S/C/I uses. See 26.710.160.D.11 for Affordable Housing FAR
requirements. Additionally, the project must demonstrate that the residential use and
individual units are substantially removed and physically separated from Commercial
Uses on the same parcel, to the extent practicable, so as to isolate residential uses from
commercial impacts and to adequately provide for on-loading, off-loading, circulation
and parking for commercial uses.
3.4.Permitted Accessory Uses:
a) Service yard accessory to a permitted use.
b) Sales and rental accessory and incidental to a permitted use.
c) Accessory buildings and uses.
d) Home occupations and Vacation RentalsShort-term Rentals: Home
Occupations and Vacation RentalsShort-term Rentals are permitted only in
legally established residential units.
e) Offices, accessory to a permitted or conditional use, may occupy up to 10% of
a commercial unit.
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (SCI) zone district, subject to the procedures established
in Chapter 26.425.050 Procedures for Review, and the standards established in Section
26.710.160(F).
1. Affordable Housing Units: Affordable housing is permitted as a conditional use where
accessory to a commercial use on the property or required for on-site affordable
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housing mitigation requirements. See 26.710.160.D.11 for affordable housing Floor
Area Ratio requirements. Affordable housing created pursuant to this subsection is
not eligible to be used for the creation of Certificates of Affordable Housing Credit,
pursuant to Chapter 26.540, unless for a fraction of a unit.
2. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order,
or applied for a Development Order) prior to Ordinance 29, Series 2016.
3. Consignment retail establishment.
4. Commercial Parking Facility, pursuant to Section 26.515.
5. Gasoline service station.
6. Grocery store.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Service/Commercial/ Industrial (SCI) zone district.
The dimensional standards and allotments provided in this section for commercial and
mixed-use developments are the maximum allowable for the zone and may not be
achieved for all developments. Site constraints, historic resources, on-site mitigation and
replacement requirements, and other factors may prevent development from achieving
some or all of the maximum allowable dimensional standards.
1. Minimum Gross Lot Area (square feet): 3,000
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Minimum Utility/Trash/Recycle area: Pursuant to Chapter 12.06.
8. Maximum height: Thirty-five (35) feet.
9. Minimum distance between buildings on the lot (feet): No Requirement.
10. Pedestrian Amenity Space: Pursuant to Section 26.412.
11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively
up to a total maximum FAR of 2.25:1. Achieving the maximum floor area ratio is
subject to compliance with applicable design standards, view plane requirements,
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public amenity requirements and other dimensional standards. Accordingly, the
maximum FAR is not an entitlement and is not achievable in all situations.
a. Commercial Uses: 2.25:1.
b. Primary Care Physician’s Office uses: .25:1 FAR, only if a minimum of .75:1
FAR of Commercial uses, listed in Section 26.710.160(B)1-3, exist on the same
parcel.
c. Affordable Multi-Family Housing (as a mixed use): Greater of existing FAR or
.51:1.
d. Free-Market Multi-Family Housing: Limited to the existing free-market multi-
family FAR. No expansion to FAR shall be permitted except at-grade patios, and
decks (other than roof-top decks), balconies, exterior stairways, trellis, and other
similar features up to 15% of the total free-market residential floor area. Any
subsequent reduction in floor area occupied by such residential use shall be deemed
a new limitation and the use shall not thereafter be enlarged to occupy a greater floor
area. Free-market residential units shall not be able to utilize any exemptions to
floor area outlined in Section 26.575.020(D), Measuring Floor Area, except as noted
above.
12. Maximum multi-family residential dwelling unit size (square feet):
a) Category 1-57 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
c) Free-Market multi-family housing: Individual units shall be limited to 2,000 sq.
ft. of net livable area. Combination of Free-Market residential units is permitted,
but subject to the net livable size limitations herein, as well as other provisions
of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit
sizes may be increased by extinguishing Historic Transferable Development
Right Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or
the use.
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E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430.050. The
following additional criteria apply:
1. To increase the allowable percentage of interior space assigned to retail, showroom, or
customer reception area, the applicant shall demonstrate the need and appropriateness
for such additional space and shall demonstrate consistency with the purpose of the SCI
Zone District.
2. The additional approved percentage for a specific use shall be limited to that use and
not applicable to subsequent uses in the same space.
F. Conditional Use Review Standards.
1. Retail, Showroom or Customer Reception Area. In addition to meeting the standards
in Chapter 26.425, Conditional Use, the following Standards shall be met:
a. For consignment retail establishment, commercial parking facility (pursuant to
Chapter 26.575), and gasoline service station, the Commission shall establish the
appropriate amount of floor area to be devoted to retail sales, showroom, or
customer reception as a condition of conditional use review.
b. To establish the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for the space and shall demonstrate consistency with the purpose of
the SCI Zone District. The approved percentage for a specific use is limited to that
use and not applicable to subsequent uses in the same space.
2. Multi-Family Housing. In addition to meeting the standards in Chapter 26.425,
Conditional Use, the following Standards shall be met.
a. The applicant must demonstrate that the residential use and individual units are
substantially removed and physically separated from Commercial Uses on the same
parcel, to the extent practicable, so as to isolate residential uses from commercial
impacts and to adequately provide for on-loading, off-loading, circulation and
parking for commercial uses.
G. Compliance with City of Aspen Charter. Any property located east of Castle Creek
that was in the Service/Commercial/Industrial (S/C/I) zone district on January 1, 2015, is
subject to the provisions of Article XIII Section 13.14, Voter authorization of certain land use
approvals, of the City of Aspen Charter.
(Ord. No. 2-1999, §1; Ord. No. 22-2005, §1; Ord. No. 4-2008; Ord. No. 27-2010, §4; Ord.
No. 39-2013, §3; Ord. No. 20-2015, §4; Ord. No. 29, 2016, §3)
381
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26.710.170 Neighborhood Commercial (NC).
A. Purpose. The Neighborhood Commercial (NC) zone supports Aspen Area Community
Plan policies related to a sustainable, local serving economy and the preservation of a diversity
of commercial opportunities for locals and visitors. The zone district provides opportunities
for mixed-use development in close proximity to downtown at higher intensity than the Mixed
Use or surrounding residential neighborhood zone districts. The NC allows for a mix of
essential goods and services oriented businesses in close proximity to multi-modal transit
infrastructure.
The mix of uses in the NC is designed to provide for the daily needs of residents and visitors in
a built environment that enhances the community character of Aspen. Greater design flexibility
and increased setbacks from the CC and C1 zones allows for mixed-use development which
creates a transition from the downtown commercial areas and can accommodate retail, service
commercial, food service and related uses in conjunction with affordable housing on upper
floors as an ancillary use to the primarily commercial purpose of the zone. Limited on -site
parking is appropriate in conjunction with high traffic volume or residential uses and in addition
to multi-modal improvements.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) Zone District:
1. Uses allowed on all building levels: General retail, restaurant, bar and entertainment
uses, service uses, office uses, arts, cultural, civic and community uses, public uses,
recreational uses, academic uses, accessory uses and structures, uses and building
elements necessary and incidental to uses on other floors, including parking accessory
to a permitted use, storage accessory to a permitted use.
2. Uses allowed on upper floors: Affordable multi-family housing. is permitted by right
where accessory to a commercial use on the property or required for on-site affordable
housing mitigation requirements. See 26.710.170.D.11 for affordable housing Floor
Area Ratio requirements. Affordable housing created pursuant to this subsection is
not eligible to be used for the creation of Certificates of Affordable Housing Credit,
pursuant to Chapter 26.540, unless for a fraction of a unit.
3. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order,
or applied for a Development Order (prior to Ordinance 29, Series of 2016).
4. Home Occupations and Vacation RentalsShort-term Rentals: Home Occupations and
Vacation RentalsShort-term Rentals are permitted only in legally established
residential units.
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) Zone District, subject to the standards and procedures
established in Chapter 26.425:
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1. Commercial parking facility, pursuant to Chapter 26.515.
2. Automobile showroom and dealership.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Neighborhood Commercial (NC) Zone District. The
dimensional standards and allotments provided in this section for commercial and mixed-use
developments are the maximum allowable for the zone and may not be achieved for all
developments. Site constraints, historic resources, on-site mitigation and replacement
requirements, and other factors may prevent development from achieving some or all of the
maximum allowable dimensional standards.
1. Minimum Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): five (5).
5. Minimum side yard setback (feet): five (5).
6. Minimum rear yard setback (feet): five (5).
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
8. Maximum height: twenty-eight (28) feet.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public amenity space: Pursuant to Section 26.412.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 1.5:1. Achieving the maximum floor area ratio is subject
to compliance with applicable design standards, view plane requirements, public
amenity requirements and other dimensional standards. Accordingly, the maximum
FAR is not an entitlement and is not achievable in all situations.
a. Commercial uses: 1.5:1.
b. Arts, cultural, civic and community uses, public uses, recreational uses, academic
uses, and similar uses: 1:1.
c. Affordable multi-family housing: Greater of existing FAR and .5:1.
d. Free-market multi-family housing: Limited to the existing free-market multi-family
FAR. No expansion to FAR shall be permitted except at-grade patios, and decks
(other than roof-top decks), balconies, exterior stairways, trellis, and other similar
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features up to 15% of the total free-market residential floor area. Any subsequent
reduction in floor area occupied by such residential use shall be deemed a new
limitation and the use shall not thereafter be enlarged to occupy a greater floor area.
Free-market residential units shall not be able to utilize any exemptions to floor area
outlined in Section 26.575.020(D), Measuring Floor Area, except as noted above.
12. Maximum multi-family residential dwelling size (square feet):
a) Category 15-7 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 1,500 sq. ft. of net livable area.
c) Free-Market multi-family housing: Individual units shall be limited one thousand
five hundred (1,500) square feet of net livable area. Combination of Free-Market
residential units is permitted, but subject to the net livable size limitations herein, as
well as other provisions of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit sizes
may be increased by extinguishing Historic Transferable Development Right
Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
13. Commercial/residential ratio: When development includes mixed-uses the total
residential net livable area shall be no greater than 65% of the total commercial net
leasable and lodging net livable on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Neighborhood Commercial (NC) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 38-2000, §2; Ord. No. 12-2005, §1; Ord. No. 12-2006, §14, 15; Ord. No. 11, 2007;
Ord. No. 27-2010, §4; Ord. No. 34-2011, §15; Ord. No. 20-2015, §5; Ord. No. 29, 2016, §4)
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26.710.180 Mixed-Use (MU).
A. Purpose. The Mixed Use (MU) zone serves as a transition from the more intense
commercial areas of the CC and C-1 zones, and the residential and lodging zones surrounding
Main Street. By allowing for a mix of commercial and residential uses and smaller-scale
development, the Mixed Use zone reflects Aspen’s historic character and provides different
economic and residential opportunities from more traditional commercial zones. Particularly
along Main Street, the Mixed Use zone serves as a buffer from the traffic of Highway 82 while
allowing for smaller scale commercial and residential opportunities.
Buildings in the Mixed Use zone consist primarily of commercial, service and office uses on
the ground floor, and residential and office uses on upper floors and off of the primary street
frontage. Uses in the MU zone should not erode the character of the neighborhood or create
excessive impacts to the surrounding residential and lodging zone. Standalone residential uses
are permitted on properties as a reflection of the historic residential nature of the zone district.
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU) Zone
District:
1. On historic landmark properties: Bed and breakfast.
2. General retail uses.
3. Specialty retail uses.
4. Restaurant, bar and entertainment uses.
5. Service uses.
6. Office uses.
7. Lodging.
8. Arts, cultural, civic and community uses.
9. Public uses.
10. Recreational uses.
11. Academic uses.
12. Affordable multi-family residential.
13. Free-market multi-family housing is permitted in a mixed use building if the housing
was legally established (having received a Certificate of Occupancy, Development
Order, or applied for a Development Order) prior to Ordinance 29, Series 2016. No
new Free-Market Residential Units may be established in mixed-use buildings.
14.13. Free-market multi-family residential when a stand-alone use, or in conjunction with
affordable multi-family residential. Free-Market Residential Units: No new Free-
Market Residential Units (single-family, duplex, multi-family) may be established.
Free-Market Residential units are permitted if they were legally established (having
received a Certificate of Occupancy, Development Order, or applied for a Development
Order) prior to Ordinance XX (Series of 2022). Demolition of existing free-market
residential uses shall be subject to 26.312.020, Non-Conforming uses.
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15.14. Single-family residence, Duplex residence, or Two (2) detached single-family
residences. Accessory dwelling unit in a separate building accessed off the rear of a lot
as an accessory use, . meeting the provisions of Chapter 26.520.
16.15. Home occupations.
17.16. Accessory uses and structures.
18.17. Storage accessory to a permitted use.
19.18. Vacation rentalShort-term Rentalss. Pursuant to Section 26.575.22026.530
C. Conditional uses. The following uses are permitted as conditional uses in the Mixed-Use
(MU) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Commercial parking facility, pursuant to Chapter 26.515.
2. Automobile showroom and dealership.
3. Formula uses in the Main Street Historic District, subject to the provisions contained in
Section 26.425.045.
4. Lodge, Boutique.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Mixed-Use (MU) Zone District. The dimensional
standards and allotments provided in this section for commercial and mixed-use developments
are the maximum allowable for the zone and may not be achieved for all developments. Site
constraints, historic resources, on-site mitigation and replacement requirements, and other
factors may prevent development from achieving some or all of the maximum allowable
dimensional standards.
1. Minimum Gross Lot Area (square feet): 3,000.
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwellings: 4,500. 3,000 for historic landmark
properties.
b. Duplex dwellings (square feet): 4,500. 3,000 for historic landmark
properties.
c. All other uses: Not applicable.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 10, which may be reduced to 5, pursuant to
Special Review, Chapter 26.430.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
8. Maximum height:
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a. Detached residential and duplex dwellings: 25 feet.
b. All other uses: 28 feet.
9. Minimum distance between buildings on the lot (feet): 10.
10. Public amenity space: Pursuant to Section 26.412.
11. Floor Area Ratio (FAR):
a. The following FAR schedule applies to uses cumulatively and individually when
part of a commercial, lodging, or mixed-use development, as follows:
Use
Maximum
(allowed by right)
Maximum by special review
(see Subsection 26.430.040.A)
Main Street
Historic
District
All Other
Locations
Cumulative total of all uses 1:1 1.25:1 1.5:1
Commercial 1:1 1.25:1 1.5:1
Civic 1:1 1.25:1 1.5:1
Lodging 0.75:1 1:1 1:1
Affordable Housing
No limitation other than cumulative total of all uses
Maximum (allowed by right)
Main Street Historic District: 1.25:1; All other locations: 1.5:1
b. Free-Market multi-family housing: Limited to the existing free-market as calculated
per 26.575.020.D. No expansion shall be permitted, except at-grade patios, and
decks (other than roof-top decks), balconies, exterior stairways, trellis, and other
similar features up to 15% of the total free-market residential floor area. Any
subsequent reduction in floor area occupied by such residential use shall be deemed
a new limitation and the use shall not thereafter be enlarged to occupy a greater floor
area. Free-market residential units shall not be able to utilize any exemptions to
floor area outlined in Section 26.575.020(D), Measuring Floor Area, except as
noted above. City historic transferable development rights shall not permit
additional floor area for detached residential and duplex dwellings.
b. The following FAR schedule applies to affordable housing and free-market
residential uses when developed as the only use of the parcel:
i. Affordable Housing, multi-family housing: Limited to cumulative total outlined
in Section 26.710.180.11.a, above.
ii. Free-market, affordable housing: 0.5:1, which may be increased to 0.75:1 if
affordable housing floor area equal to 100% of the free-market residential floor
area is developed on the same parcel.
c. The following FAR schedule applies to single-family and duplex uses when
developed as the only use of the parcel:
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i. Detached residential and duplex dwellings established prior to the adoption of
Ordinance No. 7, Series of 2005: 100% of the allowable floor area of an
equivalent-sized lot located in the R-6 Zone District. (See R-6 Zone District.)
Receipt of a development order shall constitute the date the use was
established. Replacement after demolition shall not effect a new establishment
date for the purposes of this Section. City historic transferable development
rights shall not permit additional floor area for detached residential and duplex
dwellings.
ii.i. Detached residential and duplex dwellings established after the adoption of
Ordinance No. 7, Series of 2005: 80% of the allowable floor area of an
equivalent-sized lot located in the R-6 Zone District. (See R-6 Zone District.)
City historic transferable development rights shall not permit additional floor
area for detached residential and duplex dwellings.
12. Maximum multi-family residential dwelling unit size (square feet):
a) Category 1-5 7 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
c) Free-Market multi-family housing: Individual units shall be limited to 2,000 sq. ft.
of net livable area. Combination of Free-Market residential units is permitted, but
subject to the net livable size limitations herein, as well as other provisions of this
title.
d) Expansions Allowed: Notwithstanding the above, individual, free-market multi-
family unit sizes may be increased by extinguishing Historic Transferable
Development Right Certificates (“certificate” or “certificates”), subject to the
following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
Commercial/residential ratio: When development includes mixed-uses, the total
residential net livable area shall be no greater than 150% the total commercial net leasable
and lodging net livable area located on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Mixed-Use (MU) zone district on January 1, 2015, is subject to the provisions of
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Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. 1-2002, §20; Ord. No. 7-
2005, §1 [part]; Ord. No. 12-2006, 13; Ord. No. 11, 2007; Ord. No. 27-2010, §4; Ord. No.34-
2011, §16; Ord. No. 17-2014, §2; Ord. No. 20-2015, §6; Ord. No. 29, 2016, §5; Ord. No. 23,
2017, §6)
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26.710.190 Lodge (L).
A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction,
renovation and operation of lodges, tourist-oriented multi-family buildings through short term
vacation rentalsShort-term Rentals, high occupancy timeshare facilities and ancillary uses
compatible with lodging to support and enhance the City's resort economy. The City
encourages high-occupancy lodging development in this zone district. Therefore, certain
dimensional incentives are provided in this zone district, as well as other development
incentives in Chapter 26.470, Growth Management Quota System (GMQS).
B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
1. Hotel or lodge.
2. Timeshare lodge.
3. Exempt timesharing.
4. Offices and activities accessory to timeshare unit sales (see Section 26.590).
5. Bed and breakfast.
6. Conference facilities.
7. Uses associated with outdoor recreation facilities and events.
8. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
9. Storage accessory to a permitted use.
10. Affordable multi-family housing accessory to a lodging or timeshare operation and for
employees of the operation.
10.11. 100% Deed- Restricted Affordable Housing, multi-family (as a single use)
11.12. Free-market multi-family housing.
12.13. Home occupations.
13.14. Vacation rentalShort-term Rentalss. Pursuant to Section 26.575.22026.530
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
(L) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Retail and restaurant uses.
2. Neighborhood commercial uses.
3. Service uses.
4. Arts, cultural and civic uses.
5. Public uses.
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6. Academic uses.
7. Child care center.
8. Commercial parking facility, pursuant to Chapter 26.515.
9. Affordable multi-family housing not accessory to a lodging or timeshare operation.
10. Formula uses, which shall be subject to the provisions contained in Section
26.425.045.
11. Lodge, Boutique.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Lodge (L) Zone District:
1. Minimum Gross Lot Area (square feet): 3,000.
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Free-market multi-family residential: 3,000.
b. Affordable multi-family residential: No requirement.
c. Lodge, timeshare lodge and exempt timesharing: No requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
7. Minimum utility/trash/recycle area: pursuant to Section 26.575.060.
8. Maximum height:
a. Bed and breakfast (as a single use): 25 feet.
b. Multi-family (as a single use): 28 feet.
c. Lodge, timeshare lodge, exempt timesharing and mixed-use projects, with less
than one lodge unit per 500 square feet of Gross Lot Area: 28 feet.
d. Lodge, timeshare lodge, exempt timesharing and mixed-use projects, with one (1)
or more lodge units per 500 square feet of Gross Lot Area: 36 feet, which may be
increased to 40 feet through Commercial Design Review. See Chapter 26.412.
Also see Subsection 26.710.190.E.
e. Lodge, timeshare lodge, exempt timesharing and mixed-use projects, with one or
more lodge units per 500 square feet of Gross Lot Area and an average lodge unit
size of 450 square feet or less: 38 feet, which may be increased to 40 feet through
commercial design review. See Chapter 26.412. Also see Subsection E below.
9. Minimum distance between buildings on the lot (feet): 10.
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10. Public amenity space: Pursuant to Section 26.575.030.
11. Floor area ratio (FAR):
a. The following FAR schedule applies to commercial, lodge, timeshare lodge,
exempt timesharing and mixed-use projects with one (1) or more lodge units per
five hundred (500) square feet of Gross Lot Area. This FAR schedule is
cumulative, up to a total maximum FAR of 2.75:1 for parcels of twenty-seven
thousand (27,000) square feet or less in size and 2.5:1 for parcels greater than
twenty-seven thousand (27,000) square feet. Also see Subsection 26.710.190.E.
Unless otherwise stated below, a development's non-unit space shall not count
towards the FAR cap of an individual use category; however, the maximum FAR
cap for the parcel shall not be exceeded. Achieving the maximum floor area ratio
is subject to compliance with applicable design standards, view plane
requirements, public amenity requirements and other dimensional standards.
Accordingly, the maximum FAR is not an entitlement and is not achievable in all
situations.
1) General retail and specialty retail uses; restaurant, bar and entertainment uses;
service uses; arts, assembly, cultural, civic and community uses; public uses;
academic uses; child care centers: 0.25:1, which may be increased to 0.5:1 by
special review, pursuant to Section 26.430.
2) Lodge units, timeshare lodge units, exempt timesharing units: 2:1.
3) Commercial parking facility: 1:1.
4) Affordable multi-family housing: 0.25:1, which may be increased by special
review, pursuant to Chapter 26.430.
5) Free-market multi-family housing: The allowable floor area shall be based on
a percentage of the total net livable area of lodging units and affordable
housing units on the parcel and according to average lodge unit size on the
parcel, as defined in Table 26.710.109.1, below:
Table 26.710.109.1
Allowable Free-Market Residential FAR
Table 26.710.190.1
Average net livable area of individual
lodge units on the parcel
Free-market residential FAR as a percentage of
total lodge unit and affordable housing net
livable area
Greater than 600 square feet 5%
600 square feet 15%
500 square feet 40%
400 square feet 50%
300 square feet or less 60%
When the average lodge unit size falls between the square footage categories,
the allowable free-market multi-family or large lodge/timeshare unit floor area
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shall be determined by interpreting the above schedule proportionately. For
example, a lodge project with an average unit size of 450 square feet shall be
allowed to develop a free-market residential floor area up to 45% of the total
lodge unit net livable area.
This percentage of free-market residential FAR may not be otherwise
established for a project through a planned development review.
All non-unit space attributable to free-market residential or large
lodge/timeshare units shall count towards the individual FAR allowance for
free-market residential or large lodge/timeshare units.
b. The following FAR schedule applies to commercial, lodge, timeshare lodge,
exempt timesharing and mixed-use projects, with less than one lodge unit per 500
square feet of Gross Lot Area. This FAR schedule is cumulative, up to a total
maximum FAR of 1.5:1 for parcels of twenty-seven thousand 27,000 square feet
or less in size and 1:1 for parcels greater than 27,000 square feet. Unless
otherwise stated below, a development's non-unit space shall not count towards the
FAR cap of an individual use category; however, the maximum FAR cap for the
parcel shall not be exceeded.
1) Commercial uses; arts, cultural and civic uses; public uses; academic uses;
child care center: .25:1, which may be increased to .5:1 by special review,
pursuant to Section 26.430.
2) Lodge units, Timeshare Lodge units, Exempt Timesharing units: 1:1.
3) Commercial Parking Facility: 1:1.
4) Affordable multi-family housing: .25:1, which may be increased by special
review, pursuant to Section 26.430.030.a
5) Free-market multi-family housing: .25:1. All non-unit floor area attributable
to free-market multi-family housing shall count towards the individual FAR
allowance for free-market multi-family housing.
c. The following FAR schedule applies to Free-Market multi-family (as a single use)
projects established prior to the adoption of Ordinance No. 9, Series of 2005,
cumulatively, up to a total maximum FAR of 1:1. Receipt of a development order
shall constitute the date the use was established.
1) Affordable Multi-Family Housing: 1:1.
2) Free-Market Multi-Family Housing: 1:1.
d. The following FAR schedule applies to Free-Market, multi-family (as a single use)
projects established after the adoption of Ordinance 9, Series of 2005,
cumulatively, up to a total maximum FAR of .575:1. Receipt of a development
order shall constitute the date the use was established.
1) Affordable Multi-Family Housing: .5:1.
2) Free-Market Multi-Family Housing: .5:1.
e. The following FAR schedule applies to 100% Deed- Restricted Affordable
Housing (as a single-use): 1.5:1.
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e.f. The following FAR schedule applies to bed and breakfast as a single use of the
parcel: 100% of the allowable floor area of a single-family residence on an
equivalent-sized lot located in the R-6 Zone District. (See R-6 Zone District.)
12. Maximum Multi-Family Residential Dwelling Unit Size (square feet): 1,500 sq. ft. of
net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate that
is extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 square feet of net livable area (i.e., no more than
500 additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the FAR of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates
E. Special review for density standard. The Planning and Zoning Commission may
approve an adjustment of the "density standard," and the project shall remain qualified for the
height, floor area, and growth management incentives associated with this standard. The
review shall be pursuant to the review procedures for special review, Chapter 26.430, and the
following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
F. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge (L) zone district on January 1, 2015, is subject to the provisions
of Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 41-2000, §§1, 2; Ord. 56-2000, §§7 [part], 13; Ord. No. 25-2001, §5 [part]; Ord.
No. 21-2002, §§5, 6 [part]; Ord. No. 9-2005, §3; Ord. No. 50a-2005, §§7, 8; Ord. No. 25,
2006, §2; Ord. No. 10, 2007, §1; Ord. No. 27-2010, §4; Ord. No.34-2011, §17; Ord. No.20-
2015, §7; Ord. No. 23, 2017, §7-8)
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26.710.200 Commercial Lodge (CL).
A. Purpose. The purpose of the Commercial Lodge (CL) Zone District is to provide for
the establishment of mixed-use commercial and lodge development by permitting commercial
uses on the ground floor with lodging development above. The City encourages high-
occupancy lodging development in this zone district through hotel, lodge and timeshare uses
and short term vacation rentalsShort-term Rentals
B. Permitted uses. The following uses are permitted as of right in the Commercial
Lodge (CL) Zone District:
1. Uses allowed in basement and ground floors: Lodge uses, conference facilities,
restaurant, bar and entertainment uses, office uses, service uses, arts, assembly, cultural,
civic and community uses, recreational uses, academic uses, and child care center. Uses
and facilities necessary and incidental to uses on Upper Floors. Parking shall not be
allowed as the sole use of the ground floor. Automobile drive-through service is
prohibited.
2. Uses allowed on upper floors: Lodge uses, exempt timesharing, offices and activities
accessory to timeshare unit sales (see Chapter 26.590), accessory uses, storage
accessory to a permitted use, affordable multi-family housing, free-market multi-
family housing, vacation rentalsShort-term Rentals. (Food service for on-site lodge
guests is an accessory use.)
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Lodge (CL) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. The following uses may be located only on upper floors: general retail and specialty
retail uses, restaurant, bar and entertainment uses, service uses, office uses, arts,
assembly, cultural, civic, and community uses, public uses, academic uses or child
care centers.
2. Commercial parking facility, pursuant to Chapter 26.515.
3. Formula uses.
4. Lodge, Boutique.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial Lodge (CL) Zone District:
1. Minimum Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
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7. Minimum utility/trash/recycle area: pursuant to Section 26.575.060.
8. Maximum height: 28 feet for two-story elements of a building. 36 feet for three-story
elements of a building, which may be increased to 40 feet through Commercial Design
Review. See Chapter 26.412. For projects with an average lodge unit size of four
hundred fifty (450) square feet or less, three-story elements of a building may be 38
feet, which may be increased to 40 feet through commercial design review.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public amenity space: Pursuant to Section 26.575.030.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2.5:1. Unless otherwise stated below, non-unit space
associated with individual uses shall be attributable to the individual FAR allowance.
Unless otherwise stated below, a development's non-unit space shall not count towards
the FAR cap of an individual use category; however, the maximum FAR cap for the
parcel shall not be exceeded. Achieving the maximum floor area ratio is subject to
compliance with applicable design standards, view plane requirements, public amenity
requirements and other dimensional standards. Accordingly, the maximum FAR is not
an entitlement and is not achievable in all situations.
a. Commercial uses; arts, assembly, cultural, civic and community uses; public uses;
academic uses; child care centers; commercial parking facility: 1:1.
b. Lodging units, timeshare lodging units and exempt timesharing units: 2:1.
c. Affordable multi-family housing: .25:1, which may be increased by special review,
pursuant to Section 26.430.d
d. Free-market multi-family housing: .25:1. All non-unit space attributable to Free-
Market Multi-Family Housing shall count towards the individual FAR allowance
for Free-Market Multi-Family Housing.
12. Maximum Residential Unit Size (square feet): 1,500 sq. ft. of net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is five hundred (500) square feet of net livable area for each
certificate that is extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the FAR of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates
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E. Special review for density standard. The Planning and Zoning Commission may
approve an adjustment of the "density standard," and the project shall remain qualified for the
growth management incentives associated with this standard. The review shall be pursuant to
the review procedures for special review, Chapter 26.430, and the following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
F. Compliance with City of Aspen Charter. Any property located east of the Castle
Creek River that was in the Lodge (L) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 21-2002, §§5 and 6 [part]; Ord. No. 9-2005, §2; Ord. No. 50a-2005, §9; Ord. No.
10, 2007, §2; Ord. No. 27-2010, §4; Ord. No.34-2011, §18; Ord. No.25-2012, §3; Ord.
No.20-2015, §8; Ord. No. 23, 2017, §9-11)
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26.710.220 Conservation (C).
A. Purpose. The purpose of the Conservation (C) Zone District is to provide areas of
low density development to enhance public recreation, conserve natural resources, encourage
the production of crops and animals and to contain urban development.
B. Permitted uses. The following uses are permitted as of right in the Conservation (C)
Zone District:
1. Detached residential dwelling.
2. Park, playfield, playground and golf course.
3. Riding stable.
4. Cemetery.
5. Crop production orchards, nurseries, flower production and forest land.
6. Pasture and grazing land.
7. Dairy.
8. Fishery.
9. Animal production.
10. Husbandry services (not including commercial feedlots) and other farm and
agricultural uses.
11. Railroad right-of-way, but not a railroad yard.
12. Home occupations.
13. Accessory buildings and uses.
14. Accessory dwelling units meeting the provisions of Section 26.520.040.
15. Temporary special events associated with ski areas including, but not limited to, such
events as ski races, bicycle races and concerts; with Special Event Committee
approval.
C. Conditional uses. The following uses are permitted as conditional uses in the
Conservation (C) District, subject to the standards and procedures established in Chapter
26.425.
1. Guest ranches.
2. Recreational uses including a riding academy, stable, club, country club and golf
course.
3. Ski lift and other ski facilities.
4. Sewage disposal area.
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5. Water treatment plant and storage reservoir.
6. Electric substations and gas regulator stations (not including business or
administration offices).
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Conservation (C) Zone District.
1. Minimum Gross Lot Area (acres): 10.
2. Minimum Net Lot Area per dwelling unit (acres): 10
3. Minimum lot width (feet): 400.
4. Minimum front yard setback (feet): 100.
5. Minimum side yard setback (feet): 30.
6. Minimum rear yard setback (feet): 30.
7. Maximum height: twenty-five (25) feet.
8. Minimum distance between principal and accessory buildings (feet): No requirement.
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 R-15 Zone District.
(Ord. No. 32-1999, § 2; Ord. No. 56-2000, §§ 4, 7 [part], 14; Ord. No. 25-2001, §§ 3, 5 [part];
Ord, No. 13-2005, § 4; Ord. No. 27-2010, §4)
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26.710.230 Academic (A).
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for
education and cultural activities with attendant research, housing and administrative facilities.
All development in the Academic Zone District shall be in compliance with a Final Planned
Development approval granted pursuant to the provisions of Chapter 26.445, Planned
Development.
B. Permitted uses. The following uses are permitted as of right in the Academic (A)
Zone District:
1. Private school or university, teaching hospital, research facility or testing laboratory,
provided that such facilities are enclosed and there are no adverse noise or
environmental effects.
2. Auditorium and other facilities for performances and lectures.
3. Gallery;
4. Museum;
5. Library;
6. Administrative offices.
C. Conditional uses. The following uses are permitted as conditional uses in the
Academic (A) Zone District, subject to the standards and procedures established in Chapter
26.425.
1. Boardinghouse and dormitory for housing students and faculty of schools and other
academic institutions;
2. Student health care facility; and
3. Student and faculty dining hall.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption
of a Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
(Ord. No.36-2013, §18)
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26.710.240 Park (P).
A. Purpose. The purpose of the Park (P) Zone District is to ensure that land intended for
recreation use is developed so as to serve its intended use, while not exerting a disruptive
influence on surrounding land uses.
1. When a Park (P) Zone District is designated with a Transportation Overlay (T) Zone
District designation, its purpose is to provide for the use of for both parks and public
transportation facilities in the most compatible manner practicable, but with the park
character remaining dominant.
2. When a Park (P) Zone District is designated with a Drainage Overlay (D) Zone
District designation, its purpose is to provide for the use of both park and drainage
system facilities in the most compatible manner practicable, with the park character
remaining dominant.
3. When the Park (P) Zone District is designated both with the Transportation Overlay
(T) Zone District and the Drainage Overlay (D) Zone District, its purpose is to provide
for the use of parks, public transportation facilities and drainage system facilities in
the most compatible manner practicable, with the park character remaining dominant.
4. When the Park (P) Zone District is designated Golf Course Support (GCS) Overlay
Zone District, its purpose is to provide for the use of public golf courses and adjacent
support facilities in the most compatible manner practicable, with the park character
remaining dominant.
B. Permitted uses. The following uses are permitted as of right in the Park (P) Zone
District:
1. Open-use recreational facility, park, playfield, playground, swimming pool, golf
course, riding stable, nursery, botanical garden; and
2. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Park
(P) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Recreation building.
2. Sport shop.
3. Restaurant facility.
4. Park maintenance building.
5. Farmers' market, as defined in Section 26.04.100, provided:
a. It operates no more than two (2) days per week, unless modified by the
Commission under the conditional use review;
b. It opens to the public no earlier than 7 a.m. and closes no later than 2 p.m., unless
modified by the Commission under the conditional use review; and
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c. It shall be limited to those weeks that fall between the first Saturday in June and
the weekend following the Thanksgiving holiday, inclusive, unless modified by
the Commission under the conditional use review.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Park (P) Zone District shall be set by the adoption of a
Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
(Ord. No. 36-2013, § 19)
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26.710.250 Public (PUB).
A. Purpose. The purpose of the Public (PUB) Zone District is to provide for the
development of governmental, quasi-governmental and nonprofit facilities for cultural,
educational, civic and other nonprofit purposes.
B. Permitted uses. The following uses are permitted as of right in the Public (PUB)
Zone District:
1. Library;
2. Museum;
3. Post office;
4. Hospital;
5. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops);
6. Public transportation stop;
7. Terminal building and transportation-related facilities;
8. Public surface and underground parking areas;
9. Fire station;
10. Public and private school;
11. Public park;
12. Arts, cultural and recreational activities, buildings and uses;
13. Accessory buildings and uses;
14. Public and private nonprofit uses providing a community service; and
15. Child care center.
C. Conditional uses. The following uses are permitted as conditional uses in the Public
(PUB) Zone District, subject to the standards and procedures established in Chapter 26.425.
1. Maintenance shop.
2. Affordable housing.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Public (PUB) Zone District shall be set by the adoption
of a Final Planned Development approval granted pursuant to the provisions of Chapter
26.445, Planned Development.
(Ord. No. 42-2000, § 2; Ord. No. 36-2013, §20)
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26.710.260 Open Space (OS).
A. Purpose. The purpose of the Open Space (OS) Zone district is to preserve, protect
and enhance lesser developed or undeveloped areas within the City containing unique
naturally occurring or manmade landscape features which provide visual relief and enjoyment
while reflecting or presenting community artistic or architectural statements. Development in
the Open Space (OS) Zone District should emphasize and be consistent with the natural
dynamic state of the land and minimize disruption of existing natural conditions.
B. Permitted uses. The following uses are permitted as of right in the Open Space (OS)
Zone District:
1. Paved and unpaved walkways.
2. Benches.
3. Sculpture.
4. Water features such as ponds, streams or fountains.
5. Architectural lighting and downcast low-illumination lighting for walkways and trails.
6. Sculptured or manicured landscape features.
7. Fencing.
C. Conditional uses. None.
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26.710.270 Wildlife Preservation (WP).
A. Purpose. The purpose of the Wildlife Preservation (WP) Zone District is to secure
and protect undeveloped or less developed areas within the City from traditional development
activities so as to provide for the nurturing and preservation of naturally occurring vegetation,
topography, wildlife and wildlife habitat while permitting controlled and limited human use
and activities.
B. Permitted uses. The following uses are permitted as of right in the Wildlife
Preservation (WP) Zone District:
1. Unpaved walkways and trails.
2. Benches.
3. Pedestrian bridges.
C. Conditional uses. The following uses are permitted as conditional uses in the
Wildlife Preservation (WP) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Paved walkways and trails.
2. Fencing.
3. Downcast low-illumination lighting for walkways and trails.
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26.710.280 Transportation Overlay (T) Zone District.
A. Purpose. The purpose of the Transportation Overlay (T) Zone District is to provide
for the uses necessary to accommodate the public transportation needs of the City, including
the bus system, public parking and similar uses.
B. Permitted uses. The following uses are permitted as of right in the Transportation
Overlay (T) Zone District:
1. Public transportation facilities, including bus stops and other transit stops.
2. Terminal buildings.
3. Transportation information and other service related facilities.
4. Public underground parking structures.
5. The permitted uses of the underlying Zone District.
C. Conditional uses. There are no uses permitted as conditional uses in the
Transportation Overlay (T) District, except the conditional uses of the underlying Zone
District.
D. Dimensional requirements. The dimensional requirements for all uses in the
Transportation Overlay (T) Zone District, shall be the dimensional requirements established
for those uses in the underlying Zone District.
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26.710.290 Drainage Overlay (D) Zone District.
A. Purpose. The purpose of the Drainage Overlay (D) Zone District is to provide for the
uses necessary to accommodate the water draining from Aspen Mountain, as well as to retain
the drainage discharging from the City's drainage system.
B. Permitted uses. The following uses are permitted as of right in the Drainage Overlay
(D) Zone District:
1. All uses required by the City Runoff Management Plan, including conduits, swales,
retention ponds and appurtenances.
2. The permitted uses of the underlying Zone District.
C. Conditional uses. There are no uses permitted as conditional uses in the Drainage
Overlay (D) Zone District, except the conditional uses allowed in the underlying Zone
District.
D. Dimensional requirements. The dimensional requirements for all uses in the
Drainage Overlay (D) Zone District shall be the dimensional requirements established for
those uses in the underlying Zone District.
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26.710.300 Golf Course Support Overlay (GCS) Zone District.
A. Purpose. The purpose of the Golf Course Support Overlay (GCS) Zone district is to
provide for the uses necessary to support the City Golf Course and to permit such other uses
as may be required for the facility on a year round basis.
B. Permitted uses. The following uses are permitted as of right in the Golf Course
Support Overlay (GCS) Zone District:
1. Lodge;
2. Conference facilities;
3. Restaurant and bar;
4. Sport shop;
5. Golf and maintenance facilities;
6. Active recreational facilities such as tennis courts and swimming pools;
7. Housing for lodge employees;
8. Parking lot; and
9. The permitted uses of the underlying Zone District.
C. Conditional uses. There are no uses permitted as conditional uses in the Golf Course
Support Overlay (GCS) Zone District, except the conditional uses of the underlying Zone
District.
D. Dimensional requirements. The dimensional requirements for all uses in the Golf
Course Support Overlay (GCS) Zone District shall be the dimensional requirements
established for those uses in the underlying Zone District.
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26.710.310 Lodge Overlay (LO) Zone District.
A. Purpose. The purpose of the Lodge Overlay (LO) Zone District is to provide for
lodge uses and short term vacation rentalsShort-term Rentals in areas of the City suitable for
lodge accommodations but which lie in predominantly residential neighborhoods or where
there are limitations on development that necessitate the permitted density to be significantly
less than that in the City's other lodge Zone Districts.
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay
(LO) Zone District:
1. The uses permitted in the underlying zone district.
2. Hotel or lodge.
3. Timeshare lodge.
4. Exempt timesharing.
5. Bed and breakfast.
6. Offices and activities accessory to timeshare unit sales (see Chapter 26.590).
7. Conference facilities.
8. Uses associated with outdoor recreation facilities and events.
9. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
10. Storage accessory to a permitted use.
11. Affordable housing accessory to a lodging or timeshare operation and for employees
of the operation.
12. Free-market multi-family housing.
13. Vacation rentalShort-term Rentalss. Pursuant to Section 26.575.22026.530.
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
Overlay (LO) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public.
3. Restaurant.
4. Lodge, Boutique.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Overlay (LO) Zone District shall be the dimensional requirements established for those uses
in the underlying zone district. Where no specific dimensions have been established for the
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use, the permitted dimensions shall be limited to that of a single-family residence or multi-
family residences where such uses are permitted in the underlying zone district. Upon
consideration of the neighborhood compatibility and the dimensional requirements of
surrounding zone districts, the dimensional requirements may be established pursuant to
Chapter 26.445 - Planned Development.
As part of the PD review, an adjustment of the "density standard" may be approved, and the
project shall remain qualified for the growth management incentives associated with this
standard. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per
600 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
The amount of associated free-market residential floor area to be included in a lodging project
shall be as defined in the Lodge (L) Zone District, Subparagraph 26.710.190.D.11.a.5.
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge Overlay (LO) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 9-2005, §3; Ord. No. 10, 2007, §3; Ord. No.34-2011, §19; Ord. No.20-2015, §9;
Ord. No. 23, 2017, §12)
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26.710.320 Lodge Preservation Overlay (LP) Zone District.
A. Purpose. The purpose of the Lodge Preservation (LP) Overlay Zone District is to
provide for and protect small lodge uses on properties historically used for lodge
accommodations, to permit redevelopment of these properties to accommodate lodge and
affordable housing uses, to provide uses accessory and normally associated with lodge and
affordable housing development, to permit short term vacation rentalsShort-term Rentals of
residential units, to encourage development which is compatible with the neighborhood and
respective of the manner in which the property has historically operated and to provide an
incentive for upgrading existing lodges on site or onto adjacent properties.
B. Permitted uses. The following uses are permitted as of right in the Lodge
Preservation (LP) Overlay Zone District:
1. The uses permitted in the underlying zone district.
2. Hotel or lodge.
3. Timeshare lodge.
4. Exempt timesharing.
5. Bed and breakfast.
6. Dormitory.
7. Offices and activities accessory to timeshare unit sales (see Chapter 26.590).
8. Conference facilities.
9. Uses associated with outdoor recreation facilities and events.
10. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
11. Storage accessory to a permitted use.
12. Affordable housing accessory to a lodging or timeshare operation and for employees
of the operation.
12.
13. Affordable multi-family housing (as a single use)
14. Free-market multi-family housing.
15. Vacation rentalShort-term Rentalss. Pursuant to Section 26.575.22026.530.
C. Conditional uses. The following uses are permitted in the Lodge Preservation (LP)
Overlay Zone District, subject to the standards and procedures established in Chapter 26.425
of this Code:
1. The uses allowed as conditional uses in the underlying zone district.
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2. Affordable housing intended for the general public.
3.2.Restaurant.
4.3.Lodge, Boutique.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established for
those uses in the underlying zone district. Where no specific dimensions have been
established for the use, the permitted dimensions shall be limited to that of a single-family
residence or multi-family residences where such uses are permitted in the underlying zone
district. Upon consideration of the neighborhood compatibility and the dimensional
requirements of surrounding zone districts, the dimensional requirements may be established
pursuant to Chapter 26.445 - Planned Development.
As part of the PD review, an adjustment of the "density standard" may be approved, and the
project shall remain qualified for the growth management incentives associated with this
standard. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per
600 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
The amount of associated free-market residential floor area to be included in a lodging project
shall be as defined in the Lodge (L) Zone District - Section 26.710.190.D.11.a.5.
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge Preservation Overlay (LP) zone district on January 1, 2015, is
subject to the provisions of Article XIII Section 13.14, Voter authorization of certain land
use approvals, of the City of Aspen Charter.
(Ord No. 39-1999, §6; Ord. No. 41-1999, §§8, 9; Ord. No. 21-2002, §§3, 5, 6 [part]; Ord. No.
9-2005, §4; Ord. No. 10, 2007, §4; Ord. No.34-2011, §20; Ord. No.20-2015, §10; Ord. No. 23
2017, §13)
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26.710.330 Ski Area Base (SKI).
A. Purpose. The purpose of the Ski Area Base (SKI) Zone District is to provide for areas
which allow for a mixture of uses related to ski area uses and operations including, skiing and
appurtenant uses and structures, ski area administrative offices, recreation, lodge/hotel, retail,
restaurant and bar uses, tourist-oriented service uses, residential uses, and short term vacation
rentalsShort-term Rentals. It is intended that this Zone District will apply to areas located at
the base of ski areas and all development within this district will be master planned through a
planned development (PD) process.
B. Permitted uses. The following uses are permitted as of right in the Ski Area Base
(SKI) Zone District:
1. Alpine and Nordic ski areas, related uses and support facilities typically associated
with the uses and operations of ski areas.
2. Lodge units.
3. Hotel.
4. Multi-family dwellings – Free Market and Affordable.
5. Detached residential or duplex dwellings.
6. Dining rooms, customary accessory commercial uses, laundry and recreational
facilities located on the same site of and for guests of lodge units, hotels and dwelling
units.
7. Accessory residential dwellings restricted to Affordable Housing Guidelines and
Section 26.520.040.
8. Ski area administrative offices.
9. Restaurants and bars.
10. Special events associated with ski areas including such events as ski races, bicycle
races and concerts; with special event committee review.
11. Parks, outdoor recreational uses and trails.
12. Recreational facility.
13. Retail establishments.
14. Public transportation stop.
15. Terminal building and transportation related facilities.
16. Medical clinic accessory to the ski area.
17. Fire, police and emergency services facilities.
18. Accessory buildings and uses.
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19. Outdoor vendor carts or areas for food and beverages sales and preparation.
20. Timeshare lodge.
21. Exempt timesharing.
22. Vacation rentalShort-term Rentalss. Pursuant to Section 26.575.22026.530
C. Conditional uses. The following uses are permitted as conditional uses in the Ski
Area Base (SKI) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. Daycare center.
2. Offices, business.
3. Public and private surface and underground parking areas.
4. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops).
5. Post office substation.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Ski Area Base (SKI) Zone District shall be set by the
adoption of a final development plan, pursuant to Chapter 26.445, of planned development.
E. Signs. Signs within the Ski Area Base (SKI) Zone District shall be subject to the
provisions of Chapter 26.510, Signs. A sign master plan may be approved in conjunction
with a PD review process allowing for the establishment of dimensional and quantity sign
standards for the PD.
(Ord. No. 35-2000, §1; Ord. No. 21-2002 §§5, 6 [part]; Ord. No.34-2011, §21)
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26.710.340 Essential Business Overlay (EBO) Zone District.
A. Purpose. The purpose of the Essential Business Overlay (EBO) Zone District is to
encourage businesses that accommodate the basic consumer needs of Aspen residents and
visitors. The EBO provides alternative use standards from the underlying zoning to allow
redevelopment to create spaces useful to locally serving, non-traditional or other uses not
anticipated in the zoning code. The EBO also provides opportunities for public-private
partnerships, where agencies and developers partner to create useful, non-traditional spaces,
including live-work, business incubators and other mixed-use development models. This zone
is a voluntary overlay that may be applied to properties in the S/C/I and NC zones to enable
quality redevelopment and achieve desired use and design outcomes. The EBO is applied
through the rezoning process. Approval is contingent upon meeting the criteria in Section
26.310.
B. Permitted and conditional uses.
1. Permitted Uses: Those allowed in the underlying zone district. In addition, General
Retail uses, Service/Commercial/Industrial uses, Service uses, and farmer’s markets are
permitted uses.
2. Conditional Uses: Those allowed as conditional uses in the underlying zone district, as
well as restaurant, bar, and entertainment uses for the SCI zone district.
3. Residential uses are not permitted in the EBO Zone, unless the uses are accessory to a
commercial use on the property or part of a live-work arrangement where the
predominant uses on the site are commercial, and the uses are approved as a condi tion
of rezoning (see subsection C.2 below). The EBO zone may not be applied to an
existing residential use, unless the applicant for rezoning enters into a binding
commitment to demolish or redevelop the residential uses for a use permitted in the
EBO Zone, or the residential use is approved as part of the rezoning.
C. Dimensional requirements. The dimensional requirements for all uses in the Essential
Business Overlay (EBO) Zone District shall be the dimensional requirements established for
those uses in the underlying zone district, except as provided below.
1. The following dimensional standards apply:
Minimum Gross Lot Area (square feet): No requirement.
Minimum Net Lot Area per dwelling unit
(square feet):
No requirement.
Minimum lot width (feet): No requirement.
Minimum front yard setback (feet): No requirement.
Minimum side yard setback (feet): No requirement.
Minimum rear yard setback (feet): No requirement.
Minimum Utility/Trash/Recycle area: Pursuant to Chapter 12.06.
Maximum height: Limited to underlying zoning.
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Minimum distance between buildings on the
lot (feet):
No requirement.
Pedestrian Amenity Space: Pursuant to Section 26.412.
Floor Area Ratio (FAR) Limited to underlying zoning.
Minimum Commercial FAR 1:1
2. The applicant may apply for alternative dimensional requirements as a condition of
rezoning, taking into consideration neighborhood compatibility and the dimensional
requirements of surrounding zone districts. Under no circumstances shall the overall
FAR allowed in the underlying zone district be exceeded. In addition, no reductions
in required mitigation may be requested through the EBO rezoning.
D. Transportation and Parking Management. See Chapter 26.515, except that the
maximum spaces allowed (Section 26.515.040.E, Table 26.515-1) do not apply to the EBO
district.
(Ord. No. 29, 2016, §6)
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Title 26
LAND USE REGULATIONS
PART 100 — GENERAL PROVISIONS
26.104.100. Definitions.
As used in this Code, unless the context otherwise requires, the following terms shall be defined as
follows:
100% Deed-Restricted Affordable Housing. HousingResidential projects where all the dwelling
units are subject to a recorded deed-restriction with thedeed-restricted affordable by the Aspen Pitkin
County Housing Authority. The units may be Category units, Resident Occupied (RO) units, or some
combination thereof.
Affordable housing. A dwelling unit or units subject to the size, type, rental, sale and occupancy
restrictions and guidelines for affordable housing adopted by the City as part of the Affordable Housing
Guidelines and Chapter 26.470, Growth Management Quota System.
Deconstruction. The systematic dismantling of a structure in order to maximize the salvage of
materials and parts for reuse and recycling. Deconstruction is undertaken as part of the Demolition of
Destruction of a building or structure.
Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing
structure (prior to commencing development) as measured by thedefined and described in Section
26.580 surface of all exterior wall and roof area above finished grade and associated assembly and
components necessary for the structural integrity of such wall and roof area. For the method of
determining demolition, see Section 26.580.XX, Measurement of demolition. Demolition shall also
include the removal of a dwelling unit in a multi-family or mixed-use building, its conversion to
nonresidential use, or any action which penetrates demising walls or floors between Multi-Family
Housing Units if such action is undertaken to combine the units. (See Section 26.470.070.5,
Ddemolition or Redevelopment of Multi-Family Housing)
Destruction. To remove, disassemble, tear down or destroy portions of a building or structure where
the proposed scope does not exceed 40% Demolition as defined by Section 26.580 - Demolition.
Development. The use or alteration of land or land uses and improvements inclusive of, but not limited
to: 1) the creation, division, alteration or elimination of lots; or 2) mining, drilling (excepting to obtain
soil samples or to conduct tests) or the construction, erection, alteration, Redevelopment, destruction,
or Ddemolition of buildings or structures; or 3) the grading, excavation, clearing of land or the deposit
or fill in preparation or anticipation of future development, but excluding landscaping.
Diversion. Any activity, including recycling, source reduction, reuse, deconstruction, or salvaging of
materials, which causes materials to be diverted from disposal in landfills and instead puts the material
to use as the same or different usable product.
Dwelling, Affordable housing. A dwelling unit or units subject to the size, type, rental, sale and
occupancy restrictions and guidelines for affordable housing adopted by the City as part of the
Affordable Housing Guidelines and Chapter 26.470, Growth Management Quota System.
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Dwelling, Free market. A dwelling unit not subject to the construction, occupancy or other
regulations adopted by the City or its housing designee under the City's affordable housing program.
Dwelling, multi-family. A residential structure containing three (3) or more attached or detached
Dwelling Units in either an over-and-under or side-by-side configuration with common unpierced
demising walls or floors/ceilings as applicable, not including hotels and lodges, but including
townhomes, that may include 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 a Mixed-
Use 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 Residential Dwellings.
Floor area. A general term used to describe tThe sum total of the gross horizontal areas of each story
of the building measured from the exterior walls of the building. Floor Area is distinct from the specific
definitions below, but may include Gross Floor Area, Mitigation Floor Area, Allowable Floor Area
(see specific definitions of each type below for additional clarity. Also see, Supplementary
Regulations — Section 26.575.020, Calculations and measurements).
Floor Area, Allowable. – The total amount of floor area allowed on a property based on the
limitations and allowances in the applicable zone district in Title 700 and calculated pursuant
to Section 26.575.020.D, Calculations and Measurements.
Floor Area, Gross. Gross floor area is gross horizontal area of all floors in a building, and of
all floors in any accessory structure on the same lot, measured from the exterior face framing
of the exterior walls (See Section 26.575.020.D), or the centerline of a common wall separating
two buildings, but excluding unenclosed balconies. This floor area measurement is the total
floor area in which Mitigation Floor area and Allowable floor area exclusions are deducted
from as established in Section 26.575.020.D.2.
Floor Area, Mitigation – The Gross Floor Area of a structure minus exclusions included in
Section 26.575.020.D. This floor area measurement is used to assess required affordable
housing mitigation for a given project.
Floor Area, Non-unit space. The 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.D.14 – Calculations and Measurements.)
Floor area ratio (FAR). The total floor area of all structures on a lot divided by the lot area.
Floor area ratio, external. The total floor area of all structures compared to the total area of
the building site.
Floor area ratio, internal. The floor area within a building devoted to a particular use,
compared to the total floor area of the building.
Free market unit. A dwelling unit not subject to the construction, occupancy or other regulations
adopted by the City or its housing designee under the City's affordable housing program.
Four-plex. A multifamily housing project consisting of four, attached or detached units.
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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.
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.)
Reconstruction. To demolish and rebuild an existing structure or part of a structure in kind.
Redevelopment. The replacement, rehabilitation, repurposing, remodel, or addition to pre-existing
structures or uses on a parcel where the scope of work exceeds the 40% Demolition (as defined by this
title). Redevelopment is distinct from Development in that Development may occur without triggering
Demolition, where Redevelopment is only applicable when Demolition has been triggered.
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, including 3 or more attached or detached dwelling units;
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 (3) 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 by or nonworking residents.
Salvage. The controlled removal of items and material from a building, construction, or demolition site
for the purpose of on- or off-site reuse, or storage for later reuse. The salvaging of materials is one
method of meeting waste diversion requirements.
Source separated recyclable materials. The recyclable materials that are separated from other
recyclable materials or solid waste and placed in separate containers according to type or category of
materials and directly marketed as a single commodity.
Tri-plex. A multifamily housing project consisting of three, attached or detached units.
26.104.110. Use Categories.
Residential use.
Characteristics A dwelling unit used or intended for use exclusively for dwelling purposes,
not including hotels or lodges, which is occupied by a single resident, family
or household.
Examples Residential uses and configurations include the following categories:
1. detached residential dwellings,
2. attached residential dwellings, duplex dwellings,
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3. multi-family dwellings, residential multi-family housing, which refers to
any of the following configurations: a multi-family dwelling unit(s)
located in an exclusively residential building, a multi-family dwelling
unit(s) located in a mixed-use building, or detached buildings on a
property listed on the Aspen Inventory of Historic Landmark Sites and
Structures containing three (3) or more detached residential dwellings
where permitted by the zone district, and
4. Home occupation: principally residential buildings t hat includes a
business, occupation or trade conducted principally within the dwelling
or accessory structure, allowed only as an accessory use, and occupied
on a full time basis by a person who is employed by the commercial use.
(See also section 26.575.090, Home Occupations.)
In addition, residential uses are further divided into affordable housing and
free market units for purposes of the Growth Management Quota System
(Chapter 26.470) and the disposition of units by location or floor area in the
applicable zone district.
Accessory
Uses
Accessory uses may include parking, and garbage, trash and recycling areas
consistent with City Code Chapter 12.04.
Accessory uses commonly found include parking of the occupants' vehicles,
home occupations, accessory dwelling units, and short-term rentals only
where allowed by the applicable zone district, and may be subject to
additional regulations.
Exceptions Uses classified as Hotel (Lodge) uses, bed and breakfast, dormitory,
boardinghouse.
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TITLE 26
LAND USE REGULATIONS
PART 200 — ADMINISTRATION — DECISION-MAKING BODIES
Chapter 26.210
COMMUNITY DEVELOPMENT DEPARTMENT
Sections:
26.210.010 Purpose.
26.210.020 Director of Community Development Department.
26.210.030 Chief Building Official.
26.210.010. Purpose.
The Community Development Department shall perform the planning functions for the City, shall
provide technical support and guidance for action on development applications and shall review and
perform such other functions as may be requested by the City Council or other decision-making bodies
as set forth in this Title.
26.210.020. Director of Community Development Department.
A. Creation and appointment. The Community Development Director shall be the agency head
of the Community Development Department and shall be appointed by and serve at the pleasure of the
City Manager.
B. Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which
may be conferred upon the Community Development Department Director by other provisions of this
Code, the Community Development Department Director shall have the following jurisdiction,
authority and duties:
1. To serve as staff to the City Council, to provide such body with planning and technical
assistance and to inform such body of all facts and information available with respect to
development applications or any other matters brought before it;
2. To serve as staff to the Planning and Zoning Commission, to provide such body with planning
and technical assistance and to inform such body of all facts and information available with
respect to development applications or any other matters brought before it;
3. To serve as staff to the Historic Preservation Commission, to provide such body with planning
and technical assistance, to inform such body of all facts and information available with respect
to development applications or any other matters brought before it and to inform such body
regarding historic preservation items being heard by other City boards in advance of those
hearings;
4. To serve as staff to the Board of Adjustment and other decision-making bodies established by
this Title and to inform such bodies of all facts and information available with respect to
development applications or any other matters brought before it;
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5. To serve as staff to the Administrative Hearing Officer, to provide such officer with planning
and technical assistance and to inform such officer of all facts and information available with
respect to appeals of decisions made by an administrative official or any other matters brought
before it;
6. To render interpretations of this Title or the boundaries of the Official Zone District Map
pursuant to Chapter 26.306;
7. To enforce any provision of this Title or any other provision of this Code;
8. To establish such rules of procedure necessary for the administration of the Community
Development Department Director's responsibilities;
9. To exempt development within an H, Historic Overlay District in accordance with Chapter
26.415;
10. To approve minor modifications to a development order for development or demolition within
an H, Historic Overlay District in accordance with Chapter 26.415;
11. To exempt development in an environmentally sensitive area (ESA) in accordance with Chapter
26.435;
12. To exempt development which is subject to special review in accordance with Chapter 26.430;
13. To make determinations of exemptions from the growth management quota system (GMQS),
pursuant to Chapter 26.470;
14. To approve, approve with conditions or deny development subject to GMQS administrative
approval in accordance with Chapter 26.470;
14. To score growth management applications in accordance with Chapter 26.470;
15. To approve development subject to subdivision administrative approval in accordance with
Chapter 26.480;
16. To approve development subject to Planned Development administrative approval in
accordance with Chapter 26.445;
17. To undertake all general comprehensive planning responsibilities;
18. To initiate amendments to the text of this Title or to the Official Zone District Map, pursuant
to Chapter 26.310;
19. To administer the land use application fee policy, to bill applicants according to said policy, to
take such actions deemed necessary in withholding development orders or issuing stop work
orders upon nonpayment of review fees and to waive any fees or portions thereof, upon request
according to said policy;
20. To approve, approve with conditions or deny development subject to Chapter 26.520,
Accessory Dwelling Units and Carriage Houses;
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21. To extinguish a transferable development right in accordance with Chapter 26.535;
22. To issue and extinguish Affordable Housing Certificates in accordance with Chapter 26.540;
and
23. To assist and staff all aspects of the Master Planning process in accordance with Chapter
26.311.
24. To approve, approve with conditions, or disapprove an application for Administrative Public
Project review, pursuant to Chapter 26.500, and to determine if a private development application
is eligible for Public Project Review, pursuant to Section 26.500.040.D.
(Ord. No. 55-2000, §1; Ord. No. 54-2003, §3; Ord. No. 12-2007, §5; Ord. No.31-2012, §3; Ord. No.
36-2013, §7; Ord. No. 46-2015, §4)
26.210.030. Chief Building Official.
A. Creation and appointment. The Chief Building Official shall be appointed by and serve at
the pleasure of the Community Development Department Director.
B. Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which
may be conferred on the Chief Building Official by other provisions of this Code, the Chief Building
Official shall have the following jurisdiction, authority and duties:
1. To issue and revoke building permits in accordance with the procedures of this Title;
2. To issue and revoke certificates of occupancy in accordance with the procedures of this Title;
3. To enforce the provisions of this Title;
3. To advise applicants that additional federal or state permits may be required and if specific
federal or state permits are known to have been issued, to require that copies of such permits be
obtained and provided and maintained on file with the application for building permit; and
5. To provide the City Council, the Planning and Zoning Commission, the Board of Adjustment
and the Historic Preservation Commission and other decision-making bodies established by this
Title with reports and recommendations with respect to matters before such bodies, as directed
by the City Council, the Community Development Department Director or the City Manager.
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Chapter 26.212
PLANNING AND ZONING COMMISSION
Sections:
26.212.010 Powers and duties.
26.212.020 Qualifications for membership.
26.212.030 Membership; appointment, removal, terms and vacancies.
26.212.040 Staff.
26.212.050 Quorum and necessary vote.
26.212.060 Meetings, hearings and procedure.
Editor's note—Ord. No. 41-2002 §1, 2002 repealed former Chapter 26.212, which pertained to similar
provisions and enacted a new Chapter 26.212 as herein set out. Former Chapter 26.212 was derived
from Ord. No. 5-1988 §2 as amended by Ord. No. 1-2002 §3, 2002.
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;
E. To review and make recommendations of approval, approval with conditions, or disapproval to
the City Council on a Planned Development Project Review and to approve, approve with conditions,
or deny Planned Development Detailed Review, pursuant to Chapter 26.445 – Planned Development;
F. To review and grant allotments for residential, office, commercial and lodge pursuant to growth
management quota system (GMQS), pursuant to Chapter 26.470;
G. To make determinations of exemptions from the growth management quota system (GMQS),
pursuant to Chapter 26.470;
H.G. To hear, review and recommend approval, approval with conditions or disapproval of a plat for
subdivision, pursuant to Chapter 26.480;
I.H. To hear and approve, approve with conditions or disapprove conditional uses pursuant to
Chapter 26.425;
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J.I. To hear and approve, approve with conditions or disapprove development subject to special
review, pursuant to Chapter 26.430;
K.J. To hear and approve, approve with conditions or disapprove development in environmentally
sensitive areas (ESA), pursuant to Chapter 26.435;
L.K. 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,
County, State or the federal government;
M.L. To adopt such rules of procedure necessary for the administration of its responsibilities not
inconsistent with this Title;
N.M. To grant variances, not including variances to allowable FAR or height, from the provisions of
this Title when a consolidated application is presented to the Commission for review and approval
pursuant to Chapter 26.314;
O.N. To grant variances from the provisions of this Title when a consolidated application is presented
to the Commission for review and approval pursuant to Chapter 26.314;
P.O. To hear, review and approve variances to the residential design guidelines, pursuant to Chapter
26.410;
Q.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 26.410, 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; and
Q. To hear, review and approve, approve with conditions or disapprove an application for Public
Projects Review, pursuant to Chapter 26.500.
R. To hear, review and approve, approve with conditions or disapprove an application appealing
the Community Development Directors determination that Demolition has been triggered pursuant to
Chapter 26.580.
(Ord. No. 41-2002, §1; Ord. No. 50a-2005, §3; Ord. No. 12-2007, §6; Ord. No. 31-2012, §4; Ord. No.
36-2013, §8; Ord. No. 46-2015, §§ 5&6)
26.212.020. Qualifications for membership.
Members of the Commission shall be qualified electors in the City and have been residents of the City
for at least one (1) year prior to appointment. No member of the City Council, the Mayor, a City
employee or any appointed city official shall serve on the Commission.
(Ord. No. 41-2002, §1)
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Chapter 26.312
NONCONFORMITIES
Sections:
26.312.010 Purpose
26.312.020 Nonconforming uses
26.312.030 Nonconforming structures
26.312.040 Nonconforming accessory uses and accessory structures
26.312.050 Nonconforming lots of record
26.312.060 Lot reduction
26.312.010. Purpose.
Within the Zone Districts established by this Title, there exist uses of land, buildings and structures
that were lawfully established before this Title was adopted or amended which would be in violation
of the terms and requirements of this Title. The purpose of this Chapter is to regulate and limit the
continued existence of those uses, buildings and structures that do not conform to the provisions of this
Title as amended.
It is the intent of this Chapter to permit nonconformities to continue, but not to allow nonconformities
to be enlarged or expanded. The provisions of this Chapter are designed to curtail substantial
investment in nonconformities in order to preserve the integrity of the zone districts and the other
provisions of this Title but should not be construed as an abatement provision.
26.312.020. Nonconforming uses.
A. Authority to continue. Nonconforming uses of land or structures may continue in accordance
with the provisions of this Chapter and this Section.
B. Normal maintenance. Normal maintenance may be performed upon nonconforming uses of
land and structures, provided that the maintenance performed within any twelve (12) consecutive
month period does not exceed ten percent (10%) of the current replacement cost of the structure.
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
2. Occupancy of additional lands; or,
1. Increasing the size, considering all dimensions, of a structure in which a nonconforming use is
located.
D. Relocation. A structure housing a nonconforming use may not be moved to another location
on or off the parcel of land on which it is located, unless the use thereafter shall conform to the
limitations of the zone district into which it is moved.
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E. Change in use. A nonconforming use shall not be changed to any other use unless the new use
conforms to the provisions of the zone district in which it is located.
C. Abandonment or discontinuance. The intent of the owner notwithstanding, where a
nonconforming use of land or nonconforming use of structure is discontinued or abandoned for twelve
(12) consecutive months, then such use may not be reestablished or resumed, and any subsequent use
must conform to the provisions of this Title. Any nonconforming use not associated with a structure
may not be restored after a discontinuance period of more than thirty (30) days.
G. Demolition or destruction.
1. Ability to restore. Any nonconforming use located in a structure which is purposefully
demolished, pursuant to the definition of Ddemolition, may not be continued or restored. Any
nonconforming use located in a structure undergoing construction, which does not constitute a
demolition, has an approved development order, and an approved building permit shall not be
considered discontinued.
2. Nonwillful destruction. Any nonconforming use which is demolished or destroyed by an act
of nature or through any manner not purposefully accomplished by the owner may be restored
as of right, regardless of the extent of demolition or destruction, if a building permit for
reconstruction is submitted within twenty-four (24) months of the date of demolition or
destruction.
(Ord. No. 55-2000, §§2, 3; Ord. No. 12, 2007, §§15, 16; Ord. No.7, 2014, §13)
26.312.030. Non-conforming structures.
A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone
district in which it is located may be continued in accordance with the provisions of this Chapter.
B. Normal maintenance. Normal maintenance to nonconforming structures may be performed
without affecting the authorization to continue as a nonconforming structure.
C. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion
that increases the nonconformity. A nonconforming structure may be extended or altered in a manner
that does not change or that decreases the nonconformity.
1. Historic structures. The first 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
Chapter 26.415.
2. Mandatory occupancy Accessory Dwelling Units and Carriage Houses. The second exception
to this requirement shall be for a property with a detached Accessory Dwelling Unit or Carriage
House (“ADU”) having a mandatory occupancy requirement. Such a detached ADU may be
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enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus
floor area shall go entirely to the detached ADU and also provided that the ADU does not exceed
the maximum size allowed for an ADU or carriage house. The enlargement or expansion must
comply with all other requirements of this Title and shall receive development review approval as
required herein.
a) Procedure. The procedure for increasing the maximum floor area of a property for the
purpose of increasing the size of an ADU requires the submission of a development
application. The development application shall be processed under Chapter 26.430, Special
Review.
b) Review Standards. An application for increasing the floor area of a property for the purpose
of increasing the size of an ADU shall meet the standards in Section 26.520.050, Design
Standards, unless otherwise approved pursuant to Section 26.520.080Special Review, as
well as the following additional review standards:
(1)Newly established floor area may increase the ADU up to a cumulative maximum of 500
sq. ft. of floor area and is required to be mitigated by either of the following two options.
(a) Extinguishment of Historic Transferable Development Right Certificates
(“certificate” or “certificates”). A property owner may increase the ADU by
extinguishment of a maximum of two certificates with a transfer ratio of 250 sq. ft.
of floor area per each certificate. Refer to Chapter 26.535 for the procedures for
extinguishing certificates.
(b) Extinguishment of unused floor area from another property. A property owner may
increase the maximum floor area of a property for the purpose of increasing the size
of an ADU by extinguishment of a maximum of 500 square feet of available un-
built floor area from one property to the ADU.
(2) The additional floor area is a conversion of existing square footage which was not
previously counted in floor area. (Example: storage space made habitable or the
additional floor area creates a more desirable, livable unit with minimal additional
impacts to the bulk and mass of the ADU structure.
(3) The additional floor area creates a unit which is more suitable for caretaker families.
(4) The increased impacts from the larger size are outweighed by the benefits of having a
larger, more desirable ADU.
(5) The area and bulk of the ADU structure, after the addition of the bonus floor area, must
be compatible with surrounding uses and the surrounding neighborhood.
(6) For the transfer of allowable floor area through the use of Historic Transferable
Development Right Certificates, the certificates shall be extinguished pursuant to
Chapter 26.535, Transferable Development Rights.
(7) For the transfer of allowable floor area from a non-historically designated property to
an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an
instrument in a form acceptable to the City Attorney removing floor area from the
sending property to the mandatory occupancy ADU.
D. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the
standards and requirements of the zone district in which it is located.
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E. Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe
or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a duly
authorized city official, but which an owner wishes to restore, repair or rebuild shall only be restored,
repaired or rebuilt in conformity with the provisions of this Title.
F. Ability to restore.
1. Non-purposeful destruction. Any nonconforming structure, or portion thereof, which is
demolished or destroyed by an act of nature or through any manner not purposefully
accomplished by the owner, may be restored as of right if a building permit for reconstruction
is submitted within twenty-four (24) months of the date of demolition or destruction.
2. Purposeful destruction. Any nonconforming structure, or portion thereof, which is purposefully
demolished or destroyed may be replaced with a different structure only if the replacement
structure is in conformance with the current provisions of this Title or unless replacement of
the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review.
Any structure which is nonconforming in regards to the permitted density of the underlying
zone district may maintain that specific nonconformity only if a building permit for the
replacement structure is submitted within twelve (12) months of the date of demolition or
destruction.*
a. Density Replacement. A duplex or two single-family residences on a substandard
parcel in a zone district permitting such use is a nonconforming structure and subject to
nonconforming structure replacement provisions. Density on a substandard parcel is permitted
to be maintained but the structure must comply with the dimensional requirements of the Code
including single-family floor area requirements.
(Ord. No. 1-2002, § 6 [part]; Ord. No. 9-2002, § 5; Ord. No. 35-2004, § 1; Ord. No. 7-2008, § 1; Ord.
No. 6-2018)
26.312.040. Nonconforming accessory uses and accessory structures.
No nonconforming accessory use or accessory structure shall continue after the principal structure or
use shall have terminated unless such structure or use thereafter shall conform to the provisions of the
zone district in which it is located.
26.312.050. Nonconforming lots of record.
A. General. A detached single-family dwelling and customary accessory buildings may be
developed on a lot of record if:
1. The lot of record is in separate ownership and not contiguous to lots in the same ownership;
and
2. The proposed single-family dwelling can be located on the lot so that the yard, height, open
space and floor area dimensional requirements of the zone district can be met or a variance is
obtained from said dimensional requirements pursuant to Chapter 26.314.
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B. Undivided lot. If two (2) or more lots or combinations of lots with continuous frontage in
single ownership (including husband and wife as in all cases a single owner) are of record as of
November 22, 1971, regardless of time of acquisition and if all or parts of the lots do not meet the
requirements established for lot width and area, the lots shall be considered an undivided parcel and no
portion shall be used or occupied which does meet the width and area requirements of this Title.
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. (Ord. No. 1-2002 § 6 [part])
26.312.060. Lot reduction.
A. No lot or interest therein shall be transferred, conveyed, sold or subdivided so as to create a new
nonconforming lot, to avoid, circumvent or subvert any provision of this Title or to leave remaining
any lot in violation of the dimensional requirements of this Title.
B. No lot or portion of a lot required as a building site under this Title shall be used as a portion
of a lot required as a site for another structure.
C. No building permit shall be issued for any lot or parcel of land which has been conveyed, sold
or subdivided in violation of this Section.
26.312.070. Affordable Housing .
A. Any Non-Conforming use or structure in which 100% of the structure, or units, are currently
or proposed to be deed restricted, in accordance with APCHA Guidelines, shall be exempt from the
provisions of this chapter.
A.B. The newly deed restricted units or structures shall be subject to the corresponding zone district
allowances and limitations established in the Affordable Housing Overlay pursuant to Chapter 26.7XX.
If the existing condition exceeds the allowances or limitations established in the AH Overlay, the
existing condition shall be established as the allowable maximum for the site.
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Chapter 26.316
APPEALS
Sections:
26.316.010 Appeals, purpose statement
26.316.020 Authority
26.316.030 Appeal procedures
26.316.010. Appeals, purpose statement.
The purpose of this Chapter is to establish the authority of the Board of Adjustment, the Planning and
Zoning Commission and City Council to hear and decide certain appeals and to set forth the procedures
for said appeals.
(Ord. No. 46-2015, §11)
26.316.020. Authority.
A. Board of Adjustment. The Board of Adjustment shall have the authority to hear and decide
the following appeals:
1. The denial of a variance pursuant to Chapter 26.314 by the Planning and Zoning Commission
or Historic Preservation Commission.
A. City Council. The City Council shall have the authority to hear and decide the following
appeals:
1. An interpretation to the text of this Title or the boundaries of the zone district map by the
Community Development Director in accordance with Chapter 26.306. An appeal of this nature
shall be a public meeting.
2. Any action by the Historic Preservation Commission in approving, approving with conditions
or disapproving a development application for development in an "H," Historic Overlay District
pursuant to Chapter 26.415. An appeal of this nature shall be a public meeting.
3. The scoring determination of the Community Development Director pursuant to Chapter
26.470. An appeal of this nature shall be a public meeting.
4. The allocation of growth management allotments by the Planning and Zoning Commission
pursuant to Chapter 26.470. An appeal of this nature shall be a public meeting.
5. Any other appeal for which specific authority is not granted to another board or commission as
established by this Title. An appeal of this nature shall be a public meeting.
B. Planning and Zoning Commission. The Planning and Zoning Commission shall have the
authority to hear and decide the followingan appeals:
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1. from aAn adverse determination by the Community Development Director on an application
for exemption pursuant to the Growth Management Quota System in accordance with
Subsection 26.470.060.D. of this Title.
1.2.An adverse determination by the Community Development Director that a project triggers
Demolition pursuant to Section 26.580.
D. Administrative Hearing Officer. The Administrative Hearing Officer shall have the authority
to hear an appeal from any decision or determination made by an administrative official unless
otherwise specifically stated in this Title.
(Ord. No. 17-2002, §2 [part]; Ord. No. 27-2002, §23; Ord. No. 12, 2007, §18)
26.316.030. Appeal procedures.
A. Initiation. Any person with a right to appeal an adverse decision or determination shall initiate
an appeal by filing a notice of appeal on a form prescribed by the Community Development Director.
The notice of appeal shall be filed with the Community Development Director and with the City office
or department rendering the decision or determination within fourteen (14) days of the date of the
decision or determination being appealed. Failure to file such notice of appeal within the prescribed
time shall constitute a waiver of any rights under this Title to appeal any decision or determination.
B. Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedings in
furtherance of the action appealed from unless the Community Development Director certifies in
writing to the chairperson of the decision-making body authorized to hear the appeal that a stay poses
an imminent peril to life or property, in which case the appeal shall not stay further proceedings. The
chairperson of the decision-making body with authority to hear the appeal may review such
certification and grant or deny a stay of the proceedings.
C. Timing of appeal. The decision-making body authorized to hear the appeal shall consider the
appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical
under the circumstances.
D. Notice requirements. Notice of the appeal shall be provided by mailing to the appellant and
by publication to all other affected parties. (See Subsection 26.304.060[E]).
E. Standard of review. Unless otherwise specifically stated in this Title, the decision-making
body authorized to hear the appeal shall decide the appeal based solely upon the record established by
the body from which the appeal is taken. A decision or determination shall be not be reversed or
modified unless there is a finding that there was a denial of due process or the administrative body has
exceeded its jurisdiction or abused its discretion.
F. Action by the decision-making body hearing the appeal. The decision-making body hearing
the appeal may reverse, affirm or modify the decision or determination appealed from and, if the
decision is modified, shall be deemed to have all the powers of the officer, board or commission from
whom the appeal is taken, including the power to impose reasonable conditions to be complied with
by the appellant. The decision-making body may also elect to remand an appeal to the body that
originally heard the matter for further proceedings consistent with that body's jurisdiction and
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directions given, if any, by the body hearing the appeal. The decision shall be approved by written
resolution. All appeals shall be public meetings.
(Ord. No. 55-2000, §§4, 5; Ord. No. 27-2002, §24; Ord. No. 12, 2007, §19)
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TITLE 26
LAND USE REGULATIONS
PART 400 — DEVELOPMENT REVIEW STANDARDS AND PROCEDURES
Chapter 26.430
SPECIAL REVIEW
Sections:
Sec. 26.430.010. Purpose.
Sec. 26.430.020. Authority.
Sec. 26.430.030. Applicability.
Sec. 26.430.040. Review standards for special review.
Sec. 26.430.050. Procedure for special review approval.
Sec. 26.430.060. Application.
Sec. 26.430.070. Conditions.
Sec. 26.430.080. Modification of requirements.
Sec. 26.430.090. Amendment of development order.
26.430.010. Purpose.
The purpose of special review is to ensure site-specific review of certain dimensional requirements,
mitigation requirements, encroachments, lighting or subdivision standards, which are specifically
authorized to be altered or amended by specific provisions of this Title in order to maintain the integrity
of the City's Zone Districts and the compatibility of the proposed development with surrounding land
uses.
26.430.020. Authority.
The Planning and Zoning Commission, in accordance with the procedures, standards and limitations
of this Chapter, shall by resolution approve, approve with conditions or disapprove a development
application for special review, after recommendation by the Community Development Department.
26.430.030. Applicability.
Special review shall apply to all development in the City designated for special review by the following
chapters or sections of this Title:
▪ Dimensional requirements (Chapter 26.710 — Zone Districts)
▪ Replacement of nonconforming structures (Chapter 26.312)
▪ Reduction of open space requirements in CC Zone District (Subsection 26.575.030.B)
▪ Off-street parking requirements (Section 26.515.040)
▪ Reductions in the dimensions of utility and delivery service area provisions (Section
26.575.060.B)
▪ Subdivision standards (Section 26.480.050)
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▪ Accessory Dwelling Unit Design Standards (Chapter 26.520)
▪ Wireless telecommunications facilities and/or equipment (Section 26.575.130)
▪ Affordable housing unit standards (Section 26.470.070.4)
▪ Variations to the Residential Demolition and Redevelopment Standards (Section 26.580.090)
(Ord. No. 44-1999, §3; Ord. No. 47-1999, §4; Ord. No. 5-2000, §3; Ord. No. 52-2003, §11; Ord. No.14-
2011, §1; No.13-2013, §5)
26.430.040. Review standards for special review.
No development subject to special review shall be permitted unless the Planning and Zoning
Commission makes a determination that the proposed development complies with all standards and
requirements set forth below.
A. Dimensional requirements. Whenever the dimensional requirements of a proposed
development are subject to special review, the development application shall only be approved if the
following conditions are met.
1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of
the proposed development are designed in a manner which is compatible with or enhances the
character of surrounding land uses and is consistent with the purposes of the underlying zone
district.
2. The applicant demonstrates that the proposed development will not have adverse impacts on
surrounding uses or will mitigate those impacts, including but not limited to the effects of
shading, excess traffic, availability of parking in the neighborhood or blocking of a designated
view plane.
B. Replacement of nonconforming structures. Whenever a structure or portion thereof, which
does not conform to the dimensional requirements of the zone district in which the property is located
is proposed to be replaced after Ddemolition or destruction, the following criteria shall be met:
1. The proposed development shall comply with the conditions of Subsection 26.430.040.A
above;
2. There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district;
3. No dimensional variations are increased, and the replacement structure represents the minimum
variance that will make possible the reasonable use of the property; and
4. Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property.
C. Reduction of public amenity. Whenever a special review is conducted to determine whether
a reduction of the public amenity requirement is to be granted, it shall be reviewed in accordance with
the standards set forth at Section 26.575.030.
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D. Off-street parking requirements. Whenever a special review is conducted to determine a
change in the off-street parking requirements, it shall be considered in accordance with the standards
set forth at Chapter 26.515.
E. Utility and delivery service area provisions. Whenever a special review is conducted to
determine a change in any utility and delivery service area requirements, the following criteria shall be
met:
1. There is a demonstration that, given the nature of the potential uses of the building and its total
square footage, the utility service area and delivery area proposed will be adequate.
2. Access to the utility and delivery service area is adequate to accommodate all necessary users.
3. The area for public utility placement and maintenance is adequate and safe for the placement
of utilities.
F. Subdivision design standards. Whenever a special review is for development which does not
meet the subdivision design standards of Section 26.480.050, the development shall be approved only
when the conditions set forth at Section 26.480.050 have been met.
G. Accessory dwelling unit design standards. Whenever a special review is conducted to
determine a change in the design standards required for accessory dwelling units, it shall be considered
in accordance with the standards set forth at Subsection 26.520.080.D.
H. Wireless telecommunications facilities and/or equipment. Whenever a special review is
conducted to appeal the decision of the Community Development Director regarding a proposed
wireless telecommunications service facility or equipment or to determine a proposed increase in the
allowed height of a wireless telecommunications facility and/or equipment, it shall be considered in
accordance with the standards set forth in Paragraph 26.575.130.C.6, Wireless telecommunication
services facilities and equipment.
I. I. Affordable housing unit standards. Whenever a Special Review is conducted to reduce the
required percentage that the finished floor level of the unit’s net livable area is at or above natural or
finished grade, whichever is higher, a recommendation from the Housing Board shall be obtained and
all of the following criteria shall be met. The criteria below address only the affordable housing units
that require a variation from the standard.
1. The proposed affordable housing units are designed in a manner that is compatible with the
character of the neighborhood.
2. The proposed amount that the affordable housing units are below natural or finished grade, whichever is more restrictive, is an appropriate response to unique site constraints, such as topography.
3. The proposed affordable housing units are designed in such a manner which exceeds the
expectations of the Aspen Pitkin County Housing Authority Guidelines, and promotes the unit’s
general livability by demonstrating compliance with as many of the following conditions as
possible:
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a) Significant storage, such as additional storage outside a unit.
b) Above average natural light, such as adding more window area than the Building Code
requires.
c) Net livable unit sizes exceed minimum requirement.
d) Unit amenities, such as access to outdoor space or private patios.
A. Whenever a Special Review is conducted to reduce the required percentage of finished
floor level of a lodge unit’s net livable area that is at or above natural or finished grade,
whichever is higher, a recommendation from the Community Development Director shall be
obtained and of the following criteria shall be met. The criteria below address only the lodge
units that require a variation from the standard.
1. The proposed lodge units are designed in a manner that is compatible with the character
of the neighborhood.
2. The proposed amount that the lodge units are below natural or finished grade, whichever
is more restrictive, is an appropriate response to unique site constraints, such as topography.
3. 3. The lodge units are designed to be compatible with and support the successful
operation of the property as a lodge and the use of the individual units therein as viable
lodge units.
J. Demolition – Residential Demolition and Redevelopment Standards
A project may request variations from the requirements of the Residential Demolition and
Redevelopment Standards if the Planning and Zoning Commission makes a determination the
project meets the intent of the requirements through an alternative design. The Planning and Zoning
Commission shall consider the following review criteria, and a recommendation from the
Community Development Department and any referral agencies in determining if a project is
eligible for a variation:
1. The project is designed in a manner that meets the intent of the Residential Demolition and
Redevelopment Standards.
2. Although specifics design elements are not provided that meet the specific items included in
the Residential Demolition and Redevelopment Standards, a design alternative is provided
that meets or exceeds the minimum thresholds established in the Residential Demolition and
Redevelopment Standards.
(Ord. No. 44-1999, §4; Ord. No. 5-2000, §4; Ord. No. 1-2002, §9; Ord. No. 52-2003, §12; Ord. No.
12, 2007, §§20, 21; Ord. No. 14 – 2011, §2; Ord. No. 13 – 2013, §6; Ord. No. 23, 2017, §20)
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Chapter 26.540
CERTIFICATES OF AFFORDABLE HOUSING CREDIT
Sections:
26.540.010 Purpose
26.540.020 Terminology
26.540.030 Applicability and prohibitions
26.540.040 Authority
26.540.050 Application and fees
26.540.060 Procedures for establishing a credit
26.540.070 Review criteria for establishing an affordable housing credit
26.540.080 Procedures for issuing a certificate of affordable housing credit
26.540.090 Authority of the certificate
26.540.100 Transferability of the certificate
26.540.110 Exchanging category designation of an affordable housing certificate
26.540.120 Extinguishment and re-issuance of a certificate
26.540.130 Amendments
26.540.140 Appeals
26.540.010 Purpose
There are two main purposes of this chapter: to encourage the private sector to develop affordable housing;
and to establish an option for housing mitigation that immediately offsets the impacts of development. A
Certificate of Affordable Housing Credit is issued to the developer of affordable housing that is not required
for mitigation. Another entity can purchase such a Certificate and use it to satisfy housing mitigation
requirements. Establishing this transferable Certificate creates a new revenue stream that can make the
development of affordable housing more economically viable. Establishing this transferable Certificate also
establishes an option for mitigation that reflects built and occupied affordable housing, thereby offsetting
the impacts of development before those impacts are felt. This Chapter describes the process for
establishing, transferring and extinguishing a Certificate of Affordable Housing Credit.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 34-2015, §1)
26.540.020 Terminology
Certificate of Affordable Housing Credit (Credit or Certificate). A transferable document issued by
the City of Aspen acknowledging and documenting the voluntary provision of affordable housing which is
not otherwise required by this Title or by a Development Order issued by the City of Aspen. The Certificate
documents the Category Designations and number of employees housed by the affordable housing. The
Credit is irrevocable and assignable. A Certificate of Affordable Housing Credit is a bearer instrument.
Establishing a Credit. The process of the City of Aspen acknowledging the voluntary provision of
affordable housing through issuance of a transferable Credit.
Extinguishing a Credit. The process of the City accepting a Credit to satisfy affordable housing
requirements of a development.
Category Designation. A classification system used to reflect different sales price and rental rate
restrictions of affordable housing as set forth in the Aspen/Pitkin County Housing Authority Guidelines.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.030 Applicability and prohibitions
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A. This Chapter applies to all Certificates of Affordable Housing Credit. Housing credits may only be
established from affordable housing created on a voluntary basis and designated at any Category with
established cash-in-lieu rates in the Housing Guidelines, including the deed-restriction of unrestricted units
(buy-down units).
1. City of Aspen Housing Credits may be used within the city limits of the City of Aspen as provided
in this Title and may be used in other jurisdictions as may be authorized by that jurisdiction. City of
Aspen Housing Credits may only be established from development within the City of Aspen
boundaries.
2. Affordable Housing projects may establish City of Aspen Housing Credits in conjunction with other
state and federal affordable housing incentive programs, such as, but not limited to the Low-Income
Housing Tax Credit (LIHTC).
3. A Certificate of Affordable Housing Credit may be sold, assigned, transferred, or conveyed.
Transfer shall be evidenced by an assignment of ownership on the actual certificate document. Upon
transfer, the new owner may request the Community Development Director re-issue the Credit
Certificate acknowledging the new owner.
4. The market for Certificates of Affordable Housing Credit is unrestricted and the City shall not
prescribe or guarantee the monetary value of a Credit.
5. The Community Development Director shall establish policies and procedures for the printing of
certificates, their safe-keeping, issuance, re-issuance, record-keeping, and extinguishments.
6. Projects seeking approval to develop affordable housing in exchange for Certificates of Affordable
Housing Credit may be subject to additional reviews pursuant to this Title.
7. Fractional units are eligible for the establishment of Housing Credits if deed restricted as for-sale or
are subject to an agreement with the City requiring the unit to be permanently deed restricted. For
example, if a development project is required to mitigate 2.4 FTEs and is proposing on -site units
that house 3 FTEs, the additional 0.6 FTEs proposed that are not required for mitigation are eligible
for establishment as a Certificate of Affordable Housing Credit.
8. Any affordable housing units created for the establishment of Housing Credits, including fractions
thereof, which are part of a mixed-use building shall be deed restrict as for-sale. Units that are part
of a 100% affordable housing project may be for-rent.
B. This Chapter does not apply to the following:
1. Affordable housing created to address an obligation of a Development Order or which is otherwise
required by this Title to mitigate the impacts of development.
2. Affordable housing units created prior to the adoption of Ordinance No. 6, Series of 2010.
3. Affordable housing units developed by, or in association with: the City of Aspen, Pitkin County, the
Aspen/Pitkin County Housing Authority, or similar government or non-governmental organization
(NGO) that receives public funds for the purpose of building affordable housing.
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4. Dormitory units.
5. The creation of voluntary affordable housing units deed restricted at a Category which a cash-in-
lieu rate has not been established in the Housing Guidelines.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 34-2015, §2; Ord. No. 11-2021, §1)
26.540.040 Authority
The Community Development Director, in accordance with the procedures, standards, and limitations of
this Chapter and of Chapter 26.304, Common Development Procedures, shall approve, approve with
conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit for
projects that have been previously approved, or are being reviewed concurrently with 26.470.090.C. The
Planning and Zoning Commission (or Historic Preservation Commission) shall approve, approve with
conditions, or deny an application being reviewed concurrently with 26.470.100.C.
The Planning and Zoning Commission, in accordance with the procedures, standards and limitations of this
Chapter and of Chapter 26.304, Common Development Review Procedures, shall approve, approve with
conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit.
The Community Development Director, in accordance with the procedures, standards and limitations of
this Chapter and of Section 26.304, Common Development Review Procedures, is authorized to issue, re-
issue, exchange Category designations, and extinguish a Certificate of Affordable Housing Credit.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §)
26.540.050 Application
All applications shall include the information required under Chapter 26.304, Common Development
Review Procedures. In addition, all applications must also include the following information.
1. The net livable square footage of each unit and proposed number of bedrooms.
2. If applicable, the conditions under which reductions from net minimum livable square footage
requirements are requested according to Aspen Pitkin County Housing Authority Guidelines and a copy
of the recommendation from APCHA related to the units.
3. Proposed Category designation for each unit.
4. Proposed Category Designation of sale or rental restriction for each unit. This should include and
conditions that APCHA will require related to either the sale and/or rental of the units.
5. Proposed employees housed by the affordable housing units in increments of no less than one-one-
hundredth (.01) according to Section 26.470.050.D (Table 4, FTEs Housed).
6.. For projects approved by the Historic Preservation Commission thatthat include affordable housing
units within a designated structure, provide a calculation for the Credits generated within the designated
structure that includes a multiplier of 1.2 x the employees housed per paragraph 5, immediately above. This
multiplier recognizes the additional costs related to preservation efforts of designated structures. The
multiplier does not apply to units/Credits established in non-historic structures in the same project.
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7. For projects that are converting (without demolition) existing free-market (single family, duplex, or
multi-family) units into Category, deed-restricted units for the purpose of establishing affordable housing
credits, the application shall additionally contain the following:
a. Recommendation from APCHA that identifies the development standards for a project or unit
being accepted into a deed restriction by APCHA. The application should specifically reference
APCHA’s evaluation of the property and any necessary improvements to the property necessary to
meet APCHA requirements. Eventual issuance of credits will be conditioned on fulfilling the
identified development requirements.
b. A precise evaluation, conducted by an architect or other qualified party that identifies
the existing net livable area of the unit is required. If a unit is below APCHA’s minimum
net livable area based on the number of bedrooms (as established by APHCA’s
Guidelines), a 400 square feet per FTE calculation will be utilized instead of the bedroom
count, in determining the number of Credits that will be generated by the project.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 11-2021, §2)
26.540.060 Procedures for establishing an affordable housing credit
A development application to establish a certificate of Affordable Housing Credit shall be reviewed
pursuant to the Common Development Review Procedures set forth at Chapter 26.304, and the following
procedures and standards. The City of Aspen Planning and Zoning Commission shall review a
recommendation from the Community Development Director and shall approve, approve with conditions,
or deny an application to establish Certificates of Affordable Housing Credit. This requires a one-step
process as follows:
SA. Administrative Review by the Community Development Director for projects that have received
previous GMQS approval for the establishment of affordable housing, or in a combined review with
projects that are being reviewed administratively under 26.470.090.C.
1. Purpose: To determine if the application meets the standards for authorizing establishment of a
Certificate of Affordable Housing Credit
2. Process: The Community Development Director shall approve, approve with conditions, or deny
the application after considering the recommendation of the Community Development Director.
3. Standards of review: 26.540.070
4. Form of decision: The Community Development Director decision shall be documented in a
recorded Notice of Approval. The Notice of Approval may include a description or diagram of the
affordable housing and any necessary conditions of approval.
5. Notice requirements: The requirements of 26.304.080 shall apply.
B. Planning and Zoning Commission (or Historic Preservation Commission) review for projects that
are being reviewed under 26.470.100.C
1. Purpose: To determine if the application meets the standards for authorizing establishment of a
Certificate of Affordable Housing Credit.
2. Process: The Planning and Zoning Commission shall approve, approve with conditions, or deny the
application after considering the recommendation of the Community Development Director.
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3. Standards of review: 26.540.070
4. Form of decision: Planning and Zoning Commission decision shall be by resolution. The resolution
may include a description or diagram of the affordable housing.
5. Notice requirements: The requirements of 26.304.080 shall apply. No public hearing notice is
required.
A. tep One – Review before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for authorizing establishment of a
Certificate of Affordable Housing Credit
2. Process: The Planning and Zoning Commission shall approve, approve with conditions, or deny the
application after considering the recommendation of the Community Development Director.
3. Standards of review: 26.540.070
4. Form of decision: Planning and Zoning Commission decision shall be by resolution. The resolution
may include a description or diagram of the affordable housing.
5. Notice requirements: The requirements of 26.212.060 shall apply. No public hearing notice is
required.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.070 Review criteria for establishing an affordable housing credit
An Affordable Housing Credit may be established by the Community Development Director or Planning
and Zoning Commission if all of the following criteria are met. The proposed units do not need to be
constructed prior to this review.
A. The proposed affordable housing unit(s) comply with the review standards of Section
26.470.080.D.7.a-g.
B. The affordable housing unit(s) are not an obligation of a Development Order and are not
otherwise required by this Title to mitigate the impacts of development.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 11-2021, §3)
26.540.080 Procedure for issuing a certificate of affordable housing credit
A. The Community Development Director Notice of Approval or The Planning and Zoning Commission
Resolution in approving the establishment of Affordable Housing Credits for a project shall identify one of
two possible paths for the eventual issuance of established credits:
1. Upon completion of the project and the presentation of a Certificate of Occupancy and APCHA deed
restriction for the completed affordable units, 100% of the approved Certificates shall be issued in a form
prescribed by the Community Development Director; or,
2. Upon presentation of a performance bond, letter of credit, or other financial instrument acceptable to the
City Attorney in guaranteeing the eventual completion of the project, a project developer will receive
phased issuance of Affordable Housing Credits per the following schedule:
• 30% of approved Credits at completion of foundation inspection
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• 30% of approved Credits at completion of framing / roofing inspection
• 40% of approved Credits at presentation of Certificate of Occupancy and the APCHA deed
restriction
3. The bond, letter of credit, or other financial instrument shall be presented and reviewed with the
submission of the building permit and will be for an amount of 100 % of the total project valuation.
4. Approval of phased issuance of Affordable Housing Credits must be included in the Notice of Approval
or Planning and Zoning Commission Resolution. No phased issuance shall occur until the City Attorney
has reviewed and approved the provided financial instrument.
5. If phased issuance is approved by Notice of Approval or Resolution the Planning and Zoning
Commission Resolution and the project developer determines ultimately not to pursue the phased issuance,
Credits will be issued per Paragraph 1 at the time of the completed project.
B. Upon successful completion of the requirements of Paragraph 1 or 2 above, the issued Certificate of
Affordable Housing Credit shall include the following information:
1. A number of the Certificate in chronological order of their issuance.
2. Parcel identification number, legal address and the street address of the affordable housing.
The Category Designation and number of employees housed by the affordable housing units, according to
Section 26.470.050.D – Employees Housed; in increments of no less than one-one-hundredths (.01).
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 34-2015, §3; Ord. No. 11-2021, §4)
26.540.090 Authority of the Certificate
The Certificate may be utilized in whole or in part, including fractions of an FTE no less than .01 FTE, to
satisfy affordable housing mitigation requirements in accordance with other applicable sections of this Title.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.100 Transferability of the certificate
A. A Certificate of Affordable Housing Credit may be sold, assigned, transferred, or conveyed in whole or
in part, in increments no less than one-one-hundredth (.01). Transfer of Title shall be evidenced by an
assignment of ownership on the actual certificate document. Upon transfer, the new owner may request
the City re-issue the Certificate acknowledging the new owner. Re-issuance shall not require re-review
by the Planning and Zoning Commission.
B. The sale, assignment, conveyance or other transfer or change in ownership of a Certificate of
Affordable Housing Credit shall be recorded in the real estate records of the Pitkin County Clerk and
Recorder and must be reported by the grantor to the City of Aspen Community Development
Department within five (5) days of such transfer. The report of such transfer shall disclose the
Certificate number, the grantor, the grantee and the total value of the consideration paid for the
Certificate. Failure to timely or accurately report such transfer shall not render the Credit void.
C. The market for Certificates of Affordable Housing Credit is unrestricted and the City shall not prescribe
or guarantee the monetary value of a Certificate of Affordable Housing Credit.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
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26.540.110 Converting category designation of an affordable housing certificate
Certificates of Affordable Housing Credit represent a number of employees housed at a specific Category
designation. Projects seeking extinguishment of a Credit to satisfy affordable housing mitigation standards
of this Title may have a different Category Designation requirement than an existing Certificate represents.
This section sets forth a process to convert a Certificate of a certain Category Designation for a Certificate
of a different Category Designation. This process amends the number of employees housed to create an
equivalency. This Section relies on the Affordable Housing Dedication Fees (aka Fee-in-Lieu) stated in the
Aspen Pitkin County Housing Authority Guidelines, as are amended from time to time.
To convert a Certificate of a certain Category Designation for a Certificate of a different Category
Designation, the following steps are necessary:
Step 1. Multiply the employees housed stated on the existing Certificate by the per employee Fee-
in-Lieu fee for the Category Designation as stated in the APCHA Guidelines.
Step 2. Divide the resulting number from step 1 by the Fee-in-Lieu fee for the Category Designation
of the proposed Certificate.
The resulting number from step 2 shall be the employees housed for the proposed Certificate. The
Community Development Director shall re-issue a Certificate using this number of employees housed and
specifying the proposed Category Designation.
Example: An owner of a Category 3 Certificate wishes to exchange the Certificate for a Category 2
Certificate. The existing Certificate states 2.25 employees housed.
Step 1. Employees housed multiplied by Category 3 per-FTE Fee-in-Lieu.
2.25 X $217,567 = $489,525.75
Step 2. Number from step 1 divided by Category 2 per-FTE Fee-in-Lieu.
$489,525.75 / $230,583 = 2.12
In this example, the Community Development Director would re-issue a Certificate stating 2.12
employees housed and a Category 2 designation. Please note that the Aspen/Pitkin County Housing
Authority Fee-in-Lieu rates change from time to time. The rates used for this calculation shall be those
in effect upon request for conversion.
The conversion of a Certificate’s Category Designation shall be approved by the Community Development
Director and shall not require additional review by the Planning and Zoning Commission.
(Ord. No. 32-2012, §1)
26.540.120 Extinguishment and Re-Issuance of a Certificate
E. Unless otherwise stated in a Development Order, extinguishing all or part of a Certificate of
Affordable Housing Credit shall occur prior to issuance of a Building Permit for the development
for which the housing mitigation is required. Extinguishment shall be evidenced by an assignment
of ownership on the actual certificate document to “the City of Aspen for extinguishment.”
B. Certificates of Affordable Housing Credit may be extinguished to satisfy affordable housing
requirements of this Title if the Community Development Director finds the following standards met:
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1. All other necessary approvals for the proposed development, as required by this Title, have been
obtained and the applicant has submitted the necessary information, pursuant to Section 26.304.075,
Building Permit.
2. The applicant has submitted authentic Certificates of Affordable Housing Credit in the number and
Category Designation required for the development.
3. The Certificate owner has assigned ownership of the Certificates to “the City of Aspen for
extinguishment.”
C. When all of a Certificate is extinguished, the city shall void the Certificate. When part of a Certificate
is extinguished, the city shall issue a Certificate citing the remaining FTEs in increments of no less than .01
of employees housed.
(Ord. No. 32-2012, §1)
26.540.130 Amendments
Amendments to an affordable housing project that occur during additional review(s) required by this Title
or other amendments which do not change the essential nature of the project may be approved by the
Community Development Director. Revisions to the number or Category Designation of the affordable
housing units and Credit Certificates to be issued shall be reflected in a revised development order.
Revisions to the number or Category Designation of the affordable housing units and Credit Certificates to
be issued, proposed after all approvals are granted, shall require re-review pursuant to the standards and
procedures of this Chapter.
(Ord. No. 32-2012, §1)
26.540.140 Appeals
An applicant aggrieved by a determination made by the Community Development Director or Planning and
Zoning Commission, pursuant to this Chapter, may appeal the decision to the City Council, pursuant to the
procedures and standards of Chapter 26.316, Appeals.
(Ord. No. 32-2012, §1)
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TITLE 26
LAND USE REGULATIONS
PART 500 — SUPPLEMENTARY REGULATIONS
Chapter 26.500 PUBLIC PROJECTS
Sec. 26.500.010 Purpose
Sec. 26.500.020 Authority
Sec. 26.500.030 Applicability
Sec. 26.500.040 Procedures for review
Sec. 26.500.050 Advisory group
Sec. 26.500.060 Timing requirements
Sec. 26.500.070 General review standards
Sec. 26.500.075 Review standards for private development projects
Sec. 26.500.080 Application
Sec. 26.500.090 Appeals
Chapter 26.505 WIRELESS COMMUNICATION FACILITIES AND EQUIPMENT
Sec. 26.505.010 Purpose
Sec. 26.505.020 Adoption of Wireless Communications Facilities Design Guidelines
Sec. 26.505.030 Applicability
Sec. 26.505.040 Wireless Definitions
Sec. 26.505.050 Operational Standards
Sec. 26.505.060 Procedures for Review
Sec. 26.505.070 Application Contents
Sec. 26.505.080 Conditions and limitations
Chapter 26.510 SIGNS
Sec. 26.510.010 Purpose
Sec. 26.510.020 Applicability and scope
Sec. 26.510.030 Prohibited signs
Sec. 26.510.040 Signs not requiring a permit
Sec. 26.510.050 Procedure for sign permit approval
Sec. 26.510.060 Sign measurement and location
Sec. 26.510.070 Sign illumination
Sec. 26.510.080 Sign lettering, logos and graphic designs
Sec. 26.510.090 Definition, sign types and characteristics
Sec. 26.510.100 Signage allotment
Sec. 26.510.110 Sandwich board signs
Sec. 26.510.120 Policies regarding signage on public property
Chapter 26.515 OFF-STREET PARKING
Sec. 26.515.010 General provisions
Sec. 26.515.020 Characteristics of off-street parking spaces
Sec. 26.515.030 Required number of off-street parking spaces
Sec. 26.515.040 Special review standards
Sec. 26.515.050 Cash-in-lieu for mobility enhancements
Chapter 26.520 ACCESSORY DWELLING UNITS AND CARRIAGE HOUSES
Sec. 26.520.010 Purpose
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Sec. 26.520.020 General
Sec. 26.520.030 Authority
Sec. 26.520.040 Applicability
Sec. 26.520.050 Design standards
Sec. 26.520.060 Calculations and measurements
Sec. 26.520.070 Deed restrictions and enforcement
Sec. 26.520.080 Procedure
Sec. 26.520.090 Amendment of an ADU or carriage house development order
Chapter 26.530 RESERVED
Chapter 26.535 TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sec. 26.535.010 Purpose
Sec. 26.535.020 Terminology
Sec. 26.535.030 Applicability and prohibitions
Sec. 26.535.040 Authority
Sec. 26.535.050 Procedure for establishing an historic transferable development right certificate
Sec. 26.535.060 Procedure for extinguishing an historic transferable development right
certificate
Sec. 26.535.070 Review criteria for establishment of an historic transferable development right
Sec. 26.535.080 Review criteria for extinguishment of an historic transferable development
right
Sec. 26.535.090 Application materials
Sec. 26.535.100 Appeals
Chapter 26.540 CERTIFICATES OF AFFORDABLE HOUSING CREDIT
Sec. 26.540.010 Purpose
Sec. 26.540.020 Terminology
Sec. 26.540.030 Applicability and prohibitions
Sec. 26.540.040 Authority
Sec. 26.540.050 Application and fees
Sec. 26.540.060 Procedures for establishing a credit
Sec. 26.540.070 Review criteria for establishing an affordable housing credit
Sec. 26.540.080 Procedures for issuing a certificate of affordable housing credit
Sec. 26.540.090 Authority of the certificate
Sec. 26.540.100 Transferability of the certificate
Sec. 26.540.110 Exchanging category designation of an affordable housing certificate
Sec. 26.540.120 Extinguishment and re-issuance of a certificate
Sec. 26.540.130 Amendments
Sec. 26.540.140 Appeals
Chapter 26.575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sec. 26.575.010 General
Sec. 26.575.020 Calculations and measurements
Sec. 26.575.030 Public amenity
Sec. 26.575.040 Reserved
Sec. 26.575.045 Junkyards and service yards
Sec. 26.575.050 Fences
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Sec. 26.575.060 Reserved (formerly Utility/trash/recycle service areas)
Sec. 26.575.070 Reserved
Sec. 26.575.080 Child care center
Sec. 26.575.090 Home occupations
Sec. 26.575.100 Landscape maintenance
Sec. 26.575.110 Building envelopes
Sec. 26.575.120 Satellite dish antennas
Sec. 26.575.130 Wireless telecommunication services facilities and equipment (now 26.505)
Sec. 26.575.140 Accessory uses and accessory structures
Sec. 26.575.150 Outdoor lighting
Sec. 26.575.160 Dormitory
Sec. 26.575.170 Fuel storage tanks
Sec. 26.575.180 Reserved (formerly Required delivery area and vestibules for commercial
buildings)
Sec. 26.575.190 Farmers' market
Sec. 26.575.200 Group homes
Sec. 26.575.210 Lodge occupancy auditing
Sec. 26.575.220 Vacation Rentals
Chapter 26.580 RESERVEDDEMOLITION
Sec. 26.580.010 Purpose
Sec. 26.580.020 Future Amendments
Sec. 26.580.030 Applicability
Sec. 26.580.040 Measurement of Demolition
Sec. 26.580.050 Exemptions
Sec. 26.580.060 Enforcement and Penalties
Sec. 26.580.070 Appeals
Sec. 26.580.080 Adoption of Residential Demolition and Redevelopment Standards
Chapter 26.590 TIMESHARE DEVELOPMENT
Sec. 26.590.010 Purpose and intent
Sec. 26.590.020 Applicability
Sec. 26.590.030 Prohibitions
Sec. 26.590.040 Procedure for review
Sec. 26.590.050 Timeshare review standards
Sec. 26.590.060 Application contents
Sec. 26.590.070 Timeshare documents
Sec. 26.590.080 Amendments
Sec. 26.590.090 Appeals
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Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010 General
26.575.020 Calculations and measurements
26.575.030 Public amenity
26.575.040 Reserved
26.575.045 Junkyards and service yards
26.575.050 Fence Materials
26.575.060 Driveways
26.575.070 Reserved
26.575.080 Child care center
26.575.090 Home occupations
26.575.100 Landscape maintenance
26.575.110 Building envelopes
26.575.120 Satellite dish antennas
26.575.130 Wireless telecommunication services facilities and equipment
26.575.140 Accessory uses and accessory structures
26.575.150 Outdoor lighting
26.575.160 Dormitory
26.575.170 Fuel storage tanks
26.575.180 Required access
26.575.190 Farmers' market
26.575.200 Group homes
26.575.210 Lodge occupancy auditing
26.575.220 Vacation rentals
26.575.010 General
Regulations specified in other Sections of this Title shall be subject to the following supplemental
regulations.
26.575.020 Calculations and Measurements
A. Purpose. This section sets forth methods for measuring floor area, height, setbacks, and other
dimensional aspects of development and describes certain allowances, requirements and other
prescriptions for a range of structural components, such as porches, balconies, garages, chimneys,
mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at
Section 26.104.100 – Definitions.
B. Limitations. The prescribed allowances and limitations, such as height, setbacks etc., of distinct
structural components shall not be aggregated or combined in a manner that supersedes the
dimensional limitations of an individual structural component. For example, if a deck is permitted to
be developed within five feet of a property boundary and a garage must be a minimum of ten feet
from the same property boundary, a garage with a deck on top of it may not be developed any closer
than ten feet from the property boundary or otherwise produce an aggregated structural component
that extends beyond the setback limit of a garage.
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Non-conforming aspects of a property or structure are limited to the specific physical nature of the
non-conformity. For example, a one-story structure which extends into the setback may not be
developed with a second-story addition unless the second story complies with the required setback.
Specific non-conforming aspects of a property cannot be converted or exchanged in a manner that
creates or extends a different specific non-conforming aspect of a property. For example, a property
that exceeds the allowable floor area and contains deck area that exceeds the amount which may be
exempted from floor area cannot convert deck space into additional interior space.
C. Measuring Net Lot Area. A property’s development rights are derived from Net Lot Area. This
is a number that accounts for the presence of steep slopes, easements, areas under water, and similar
features of a property. The method for calculating a parcel’s Net Lot Area is as follows:
Table 26.575.020-1 Percent of parcel to
be included in Net
Lot Area to
determine allowable
Floor Area
Percent of parcel to be
included in Net Lot
Area to determine
allowable Density
Areas of a parcel with 0% to 20% slope. Notes
2, 3. 100% 100%
Areas of a parcel with more than 20% and up
to 30% slope. Notes 2, 3.
For properties in the
R-15B Zone: 100%
For all other
properties: 50%.
100%
Areas of a parcel with more than 30% slope.
Notes 2, 3.
For properties in the
R-15B Zone: 100%
For all other
properties: 0%.
100%
Areas below the high water line of a river or
natural body of water. Note 1. 0% 0%
Areas dedicated to the City or County for open
space or a public trail. 100% 100%
Areas within an existing, dedicated, reserved
for dedication, proposed for dedication by the
application, or vacated public vehicular right-
of-way, public vehicular easement, or
vehicular emergency access easement. Notes 4,
5, 6.
0% 0%
Areas within an existing, dedicated, reserved
for dedication, or proposed for dedication by
the application private vehicular right-of-way
or vehicular easement. Notes 4, 5, 6.
0% 0%
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Areas within a vacated private vehicular right-
of-way or vehicular easement, when any
affected parcel has no other established
physical and legal means of accessing a public
way. Notes 4, 5, 6.
0% 0%
Areas within a vacated private vehicular right-
of-way or vehicular easement, when all
affected parcels have established alternate
physical and legal means of accessing a public
way. Notes 4, 5, 6.
100% 100%
Areas of a property subject to above ground or
below ground surface easements such as
utilities or an irrigation ditch that do not
coincide with vehicular easements.
100% 100%
Notes for Table 26.575.020 - 1:
1. Lot Area shall not be reduced due to the presence of man-made water courses or features such as
ditches or ponds.
1. 2. In instances where the natural grade of a property has been affected by prior development
activity, the Community Development Director may accept an estimation of pre-development
topography prepared by a registered land surveyor or civil engineer. The Director may require
additional historical documentation, technical studies, reports, or other information to verify a pre-
development topography.
2. 3. The total reduction in Floor Area attributable to a property’s slopes shall not exceed 25%.
3. 4. Areas of a property within a shared driveway easement, when both properties sharing the
easement abut a public right-of-way, shall not be deducted from Lot Area. This enables adjacent
property owners to combine two driveways into one without reducing development rights.
4. 5. When a property of 9,000 square feet or less contains a private vehicular access easement
dedicated to no more than one back parcel, when such back parcel has no other means of access,
the area of the access easement shall not be deducted from Lot Area for either Floor Area or
density purposes. Otherwise, areas of a vehicular access easement serving another parcel shall be
deducted from Lot Area as provided in the table above.
6. Within the Lodge zone district, the areas located within a vacated vehicular right-of-way, a
vacated public vehicular easement, or vacated vehicular emergency access easement, if the area
was vacated prior to the adoption of Ordinance No. 11, Series of 1975, shall not be deducted from
Lot Area for either Floor Area or density purposes. Otherwise, areas within a vacated vehicular
right-of-way, a vacated public vehicular easement, or vacated vehicular emergency access
easement shall be deducted from Lot Area as provided in the table above.
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D. Measuring Floor Area. In measuring Ffloor Aareas (Inclusive of Gross, Allowable, Mitigation,
and Floor Area Ratio (FAR)for floor area ratio and allowable floor area, the following applies:
1. General. Floor area shall be attributed to the lot or parcel upon which it is developed. In
measuring a building for the purposes of calculating Ffloor Aareas Rratio (FAR) and
Aallowable Ffloor Aarea (for Zone District dimensional allowances), there shall be included
all areas within the surrounding exterior walls of the building. When measuring from the
exterior walls, the measurement shall be taken from the exterior face of framing, exterior face
of structural block, exterior face of straw bale, or similar exterior surface of the nominal
structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted
insulation systems, and excluding all exterior veneer and surface treatments such as stone,
stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. (Also, see
setbacks.)
MeasurementFigure 1: Shared Driveway Easement
Framing
Exterior
Face of Property
Line
Window
Window
Wood Veneer
Stone
Floor Area Measured to Face of
Framing
Setback measured
to edge of veneer
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Figure 2: Measuring to Face of Framing
Note: In measuring Floor Area for the purposes of calculating employee generation and affordable
housing mitigation for single-family, duplex, and multi-family development, a distinct calculation is
made for Mitigation Floor Area.. Please refer to 26.470.090 to determine which Floor Area
exclusions shall be deducted from the Gross Floor area to determine the Mitigation Area total.
Measuring Allowable Floor Area shall include the following exclusions and exemptions included in
Sections 26.575.020.D.3 - 26.575.020.D.13
2. Floor Area Definitions and Purpose.
a. Floor area. A general term used to describe the sum total of the gross horizontal areas of
each story of the building measured from the exterior walls of the building. Floor Area is
distinct from the specific definitions below, but may include Gross Floor Area, Mitigation
Floor Area, Allowable Floor Area (see specific definitions of each type below for additional
clarity. Also see, Supplementary Regulations — Section 26.575.020, Calculations and
measurements.
i. Floor Area, Gross. Gross floor area is gross horizontal area of all floors in a
building, and of all floors in any accessory structure on the same lot, measured from
the exterior face framing of the exterior walls (See Section 26.575.020.D), or the
centerline of a common wall separating two buildings, but excluding unenclosed
balconies. This floor area measurement is the total floor area in which Mitigation
Floor area and Allowable floor area exclusions are deducted from as established in
Section 26.575.020.D.2. None of the Floor Area Exemptions in Section
26.575.020.D are considered in this calculation.
Gross Floor Area should be calculated and documented in any land use or building
permit application.
ii. Floor Area, Allowable. – The total amount of floor area allowed on a
property based on the limitations and allowances in the applicable zone
district in Title 700 and calculated pursuant to Section 26.575.020.D,
Calculations and Measurements.
Sections Applicable to the Calculation of Allowable Floor Area
Vertical Circulation YES
Attic and Crawl Spaces YES
Decks, Balconies, Loggias,
Gazebos, Trellis, Exterior
Stairways, and non-Street-
facing porches
YES
Front Porches. YES
Patios YES
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Garages and carports YES
Subgrade areas YES
Accessory Dwelling Units
and Carriage Houses
YES
Permanently Affordable
Accessory Dwelling Units
and Carriage Houses
YES
Sheds, Storage Areas, and
similar Accessory Structures
YES
Historic Sheds and
Outbuildings
YES
Wildlife-Resistant Trash and
Recycling Enclosures
YES
Allocation of Non-Unit
Space in a mixed-use
building.
YES
Airlocks YES
iii. Floor Area, Mitigation – The Gross Floor Area of a structure minus exclusions
included in Section 26.575.020.D. This floor area measurement is used to assess
required affordable housing mitigation for a given project.
Sections Applicable to the Calculation of Mitigation Floor Area
Vertical Circulation NO*
Attic and Crawl Spaces YES
Decks, Balconies, Loggias,
Gazebos, Trellis, Exterior
Stairways, and non-Street-
facing porches
YES
Front Porches. YES
Patios YES
Garages and carports NO*
Subgrade areas NO*
Accessory Dwelling Units
and Carriage Houses
YES
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Permanently Affordable
Accessory Dwelling Units
and Carriage Houses
YES
Sheds, Storage Areas, and
similar Accessory Structures
YES
Historic Sheds and
Outbuildings
YES
Wildlife-Resistant Trash and
Recycling Enclosures
YES
Allocation of Non-Unit
Space in a Mixed Use
Building
N/A
Airlocks N/A
* Floor Area to be included in Mitigation Floor Area Calculation.
iv. Floor Area, Non-unit space. The 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.D.14 – Calculations and Measurements.)
b. Floor area ratio (FAR). The total floor area of all structures on a lot divided by the lot
area.
c.b.
2.3.Vertical circulation. When calculating vertical circulation, the circulation element shall be
counted as follows:
a) For stairs and elevators, the area of the feature shall be projected down and counted on the
lower of the two levels connected by the element and not counted as Floor Area on the
top-most interior floor served by the element.
b) When a stairway or elevator connects multiple levels, the area of the feature shall be
counted on all levels as if it were a solid floor except that the area of the feature shall not
be counted as Floor Area on the top-most interior level served by the element.
c) Mechanical and overrun areas above the top-most stop of an elevator shall not be counted
as Floor Area. Areas below the lowest stop of an elevator shall not be counted as Floor
Area.
3.4.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 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. 65 feet 6 inches or less in height measured between the hard floor structure and floor
framing; and
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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
65 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.
A crawl space that is 6 feet in height that is accessible only through an interior hatch
counts.
b) An attic area accessible only through an interior pull-down access ladder is exempt.
c) An unfinished attic space or an unfinished crawl space over 4 feet in height which has
convenient access is counted.
d) A crawl space that is 65 feet 6 inches in height, is accessible only through an interior
hatch and is a reasonable size to accommodate the mechanical equipment is exempt.
5. Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non-Street-facing
porches.
a) 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%) of the
Figure 3: Thirty inch height exemption
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allowable floor area for the property and the use and density proposed, or as otherwise
exempted by this Section.
b) 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.
c) 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.
d) For free-market residential units located within the Mixed Use Zone District, Commercial
Core (CC) Zone District, and Commercial (C-1) Zone District, at-grade patios, decks
(other than roof-top decks), balconies, exterior stairways, trellis, and other similar features
may only be expanded up to 15% of the total free-market residential floor area. Such free-
market units shall not be able to utilize any other exemptions to floor area outlined in
Section 26.575.020(D).
e) 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.
f) 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.
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5. Front Porches. Porches on Street-facing façade(s) of a structure developed within thirty (30)
inches of the finished ground level shall not be counted towards allowable Floor Area.
Otherwise, these elements shall be attributed to Floor Area as a Deck.
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. Railing, permanently fixed
seating, permanently fixed grills, and similar permanently fixed features located on patios
shall count toward deck calculation.
7. Garages and carports. For all multi-family buildings, parcels containing more than two
residential units, and residential units located within a mixed-use building, 250 square feet of
the garage or carport area shall be excluded from the calculation of floor area per residence on
the parcel. All garage and carport area in excess of 250 square feet per residence shall be
attributed towards Floor Area and Floor Area Ratio with no exclusion. Garage and carport
areas for properties containing no residential units shall be attributed towards Floor Area and
Floor Area Ratio with no exclusion.
In the R-15B Zone District, garage and carport areas shall be excluded from the calculation of
Floor Area up to a maximum exemption of five-hundred-square-foot total for the parcel.
In zone districts other than the R-15B Zone District, properties containing solely a Single-
Family, two single-family residences, or a Duplex, the garage and carport area shall be
excluded from the calculation of Floor Area as follows:
S
t
r
e
e
t
Area of porch
not exempt
Exempt area
of porch
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For any property abutting an alley or private road entering at the rear or side of the property,
the garage or carport area shall only be excluded from floor area calculations as described
above if the garage or carport is accessed from said alley or road. If an alley or private road
does exist and is not utilized for garage or carport access, the garage or carport area shall be
attributed towards Floor Area calculations with no exclusion. If an alley or private road does
not abut the property, the garage or carport area shall be excluded from floor area calculations
as described above.
8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the
calculation of Floor Area based on the portion of the level exposed above grade.
The percentage of the gross area of a partially subgrade level to be counted as Floor Area
shall be the surface area of the exterior walls exposed above natural or finished grade,
whichever is lower, 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 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.
Table 26.575.020-2
Size of Garage or Carport Area excluded per primary dwelling unit (not including
Accessory Dwelling Units or Carriage Houses)
First 0 to 250 square feet 100% of the area
Next 251 to 500 square feet 50% of the area
Areas above 500 square feet No area excluded.
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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.
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.
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When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall
area shall include the area within the gable of the roof.
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:
Area counts
towards wall
calculation
Figure 7: Pitched roof with subgrade calculation
Space A and B are on the same level,
while Space A and C are on different levels.
Figure 6: Determining different building levels
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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.
Single-family and duplex structures shall contain no more than one floor level below finished
grade. A basement with a stepped floor is allowed. The finished floor level shall be no more
than 15 feet below finished grade. A crawl space below the basement, compliant with the
limitations of Section 26.575.020.D.3, shall be exempt from this depth limitation.
When it is necessary to determine the floor area of an individual unit within a duplex or multi-
family building, it shall be calculated from the exterior walls to the centerline of any party
walls it shares with other units.
In order to determine the subgrade area of an individual unit in a duplex or multi-family
building that applies toward Floor Area calculations, the subgrade gross square footage of an
individual unit shall be multiplied by the percentage of exterior walls exposed above grade for
the entire structure.
Example:
a. The subgrade exemption for the structure is 40% (exposed wall divided by total wall).
b. Unit A has 500 square feet below grade, measured from exterior wall to the centerline
of the party walls it shares with Unit B. Unit B has 900 square feet.
c. 0.40 (entire duplex exposed percentage) x 500 (Unit A subgrade gross square footage)
= 200 square feet subgrade floor area that applies toward the total Floor Area for Unit
A. 0.40 (entire duplex exposed percentage) x 900 (Unit B subgrade gross square
footage) = 360 square feet subgrade floor area that applies toward the Floor Area for
Unit B.
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9. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or carriage
house shall be calculated and attributed to the allowable floor area for a parcel with the same
inclusions and exclusions for calculating floor area as defined in this Section.
10. Permanently Affordable Accessory Dwelling Units and Carriage Houses. One hundred
percent (100%) of the area of an Accessory Dwelling Unit or Carriage House which is
detached from the primary residence and deed-restricted as a "for sale" affordable housing
unit and transferred to a qualified purchaser in accordance with the Aspen/Pitkin County
Housing Authority Guidelines, as amended, shall be excluded from the calculation of floor
area, up to a maximum exemption of one thousand two hundred (1,200) square feet per
parcel.
In addition, the allowable floor area of a parcel containing such a permanently affordable
Accessory Dwelling Unit or Carriage House shall be increased in an amount equal to fifty
percent (50%) of the floor area of the Accessory Dwelling Unit or Carriage House, up to a
maximum bonus of six hundred (600) square feet per parcel.
11. Sheds, Storage Areas, and similar Accessory Structures. Sheds, storage areas, greenhouses,
and similar uninhabitable accessory structures, not within a garage, are exempt from floor
area limitations up to a maximum exemption of thirty-two (32) square feet per residence.
Storage areas within a garage shall be treated as garage space eligible for the garage
exemption only. Accessory structures thirty-six inches or less in height, as measured from
Unit A: 500 sq. ft.
Unit B: 900 sq. ft.
Duplex subgrade area
40% exposed above grade
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finished grade, shall be exempt from Floor Area calculations (also see setback limitations).
Accessory structures that are both larger than thirty-two square feet per primary residence and
more than thirty-six inches in height shall be included in their entirety in the calculation of
Floor Area. Properties which do not contain residential units are not eligible for this Floor
Area exemption.
12. Historic Sheds and Outbuildings. The Community Development Director may provide a
parcel containing an uninhabitable and limited function historic shed, outbuilding, or similar
historic artifact with a Floor Area exemption to accommodate the preservation of the historic
resource. The shed or outbuilding must be considered a contributing historic resource of the
property. Functional outbuildings, such as garages, art studios, home offices, and the like
shall not be eligible for an exemption. The Director may consult the Historic Preservation
Commission prior to making a determination. The Director may require the property’s
potential to receive Floor Area bonuses be reduced to account for the structure. The
exemption shall be by issuance of a recordable administrative determination and shall be
revocable if the artifact is removed from the property.
13. Wildlife-Resistant Trash and Recycling Enclosures. Wildlife-resistant trash and recycling
enclosures located in residential zone districts are exempt from floor area requirements of the
zone district regulations if the enclosure is the minimum reasonably necessary to enclose the
trash receptacles in both height and footprint, is an unconditioned space not located inside
other structures on the property, and serves no other purpose such as storage, garage space, or
other purposes unrelated to protecting wildlife. Wildlife-resistant dumpster enclosures
located in commercial, mixed-use, or lodging zone districts are not exempt from floor area
requirements and shall comply with zone district requirements for Utility/Trash/Recycle
areas.
Enclosures shall be located adjacent to the alley if an alley borders the property and shall not
be located in a public right-of-way. Unless otherwise approved by the Historic Preservation
Commission, enclosures shall not abut or be attached to an historic structure. Enclosures may
abut other non-historic structures.
14. Allocation of Non-Unit Space in a mixed-use building. In order to determine the total floor
area of individual uses in a mixed-use building, the 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 Ggross Ffloor Aarea, 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 Ggross Ffloor Aarea, minus all non-unit space,
shall be divided proportionately amongst the individual use categories in a building. These
numbers shall then be calculated as a percent of the Ggross Ffloor Aarea 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:
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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. non unit floor area (1,250 sq. ft.- 250 sq. ft. for exempt garage)
= 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:
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.
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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.
15. Airlocks. Permanently installed interior airlock spaces are exempt from the calculation of
Floor Area Ratio and allowable Floor Area up to a maximum exemption of 100 square feet
per building. This exemption only applies to buildings containing non-residential uses and
does not apply to single-family, duplex, or multi-family buildings.
E. Measuring Setbacks.
1. General. Required setbacks shall be unoccupied and unobstructed within an area extending
horizontally from the parcel boundary to the setback line and vertically above and below
grade, excepting allowed projections as described below.
For new construction, existing non-residential uses, and for redevelopment projects following
a demolition of a structure for any use type, required setbacks shall be measured
perpendicularly from all points of the parcel boundary to the outermost exterior of a structure,
including all exterior veneer such as brick, stone, or other exterior treatments, but excluding
allowed projections as further described in subsection E.5., below
For existing single-family, duplex, and multi-family residential structures, that ropose energy
efficiency of fire protection upgrades on the exterior of the structure,, Rrequired setbacks shall
be measured perpendicular from all points of the parcel boundary to the outmost exterior face
of framing of a structure, including to a maximum of 8” of all exterior veneer such as brick,
stone or other exterior treatments, including fire proofing, exterior insulation, and any
methods of attachment for insulation systems, but excluding allowed projections as further
described in subsection E.5, below.
Figure 8: Setback
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For new construction and projects that trigger demolition, required setbacks shall be measured
perpendicular from all points of the parcel boundary to the exterior face of framing of a
structure, excluding up to 8” (?) of all exterior veneer such as brick, stone or other exterior
treatments, including fire proofing, exterior insulation, and any methods of attachment for
insulation systems, but excluding allowed projections as further described in subsection E.5,
below.
For existing single-family, duplex and multi-family residential structures that encroach into
the setback and propose energy efficiency of fire protection upgrades on the exterior of the
structure, up to a to maximum of 8” of all exterior veneer such as brick, stone or other exterior
treatments, including fire proofing, exterior insulation, and any methods of attachment for
insulation, may be added to the wall assembly without triggering compliance with Chapter
26.430 – Non-Conformities.
1.2. Determining Front, Rear, and Side Yards. The front yard setback shall be measured from the
front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot
from a Street or street right-of-way. All parcels have a front lot line. There shall not be more
than one front lot line.
The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be
the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall
have only one rear lot line.
Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those
parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot
line and may have multiple side lot lines.
For corner parcels, the front lot line shall be the parcel boundary along the Street with the
longest block length and the remaining boundary shall be a side lot line.
Figure 9: Determining
Setbacks
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For corner parcels where the parcel boundary follows a curving Street, the midpoint of the
curve shall be used to differentiate the front lot line and the side lot line. In this case, the
boundary segment with the shortest Street frontage shall be the front lot line.
For reverse curve lots, the curved portion of the lot line shall be considered the front lot line
and the two opposing parcel boundaries shall be considered side lot lines.
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For all double frontage lots with Streets on opposite sides of the parcel, except for those
parcels abutting Main Street, the front lot line shall be the parcel boundary with the greatest
length of Street frontage and the opposing lot boundary shall be the rear lot line.
For double frontage lots with equal length street frontages, the front lot line shall mirror the
front lot lines of the adjoining lots to the extent practical.
For double frontage lots abutting Main Street, the front lot line shall be the lot line adjoining
Main Street.
The Community Development Director shall resolve any discrepancies or situations where the
foregoing text does not provide definitive clarity by issuance of a recordable administrative
determination.
3. Determining required setbacks adjacent to streets or rights-of-way. When a property does not
extend into an adjacent public or private right-of-way or street easement, the required setback
shall be measured from the lot line.
When a property extends into an adjacent public or private right-of-way or street easement,
the required setback for that portion of the lot shall be measured from the edge of the right-of-
way or street easement closest to the proposed structure.
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4. Combined Setbacks. Where zoning provisions require a combined yard setback (either front-
rear or side-side), the narrowest point on each yard shall be the basis for measuring the
combined setback. A combined yard requirement may not be met by staggering the required
yard setbacks.
For example, if a lot requires a combined side-yard setback of 30’, with a minimum of 10’ on
either side, Figure 14 shows compliance with the requirement – one side yard is 10’, the other
is 20’, and each side yard setback is consistent from front to rear.
Given the same example, Figure 15 meets the individual 10’ setback requirements, but the
combined setback is staggered and is not consistent from front to rear. This example does not
meet the combined setback requirement.
Figure 13: Required setback from a right-of-way or street easement
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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.
Figure 15: Does not comply with combined setbacks
Figure 14: Compliance with combined setbacks
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h) The minimum projection necessary to accommodate light wells and exterior basement
stairwells as required by adopted Building or Fire Codes as long as these features are
entirely recessed behind the vertical plane established by the portion of the building
façade(s) closest to any Street(s).
If any portion of the feature projects into the setback, the entire feature may be no larger
than the minimum required.
Features required for adjacent subgrade interior spaces may be combined as long as the
combined feature represents the minimum projection into the setback. There is no vertical
depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply to light wells
and exterior basement stairwells which are not required by adopted Building or Fire
Codes.
i) The minimum projection necessary to accommodate an exterior-mount fire escape to an
existing building, as may be required by adopted Building or Fire Codes.
j) Uncovered porches, landscape terraces, slabs, patios, walks and similar features, which do
not exceed six (6) inches vertically above or below the surrounding finished grade for the
entire feature.
k) Landscape walls, berms, retaining walls, stairways and similar structures, which do not
exceed thirty (30) inches vertically above or below the lower of natural or finished grade
Improvements may be up to thirty (30) inches above and below grade simultaneously, for
up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if
determined to be necessary for the structural integrity of the improvement. (See Figure
16). Berms are prohibited in the front yard setback.
l) Drainage swales, stormwater retention areas, bio retention areas, rain collection systems,
and similar stormwater retention, filtration or infiltration devices or facilities are permitted
in setbacks as long as the finished grade of the top of the improvement does not exceed
thirty (30) inches vertically above or below the surrounding finished grade. Stormwater
improvements or portions thereof may be buried and exceed thirty (30) inches below
grade as long as the finished grade above the facility does not exceed thirty (30) inches
vertically above or below the surrounding finished grade. These features may be up to
thirty (30) inches above and below finished grade simultaneously.
m) Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture,
seating areas, and similar permanent structures shall have the following requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary structure
from any lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance with
Section 26.575.050, Fences; and
d. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above or below finished grade. These features may be
up to thirty (30) inches above and below finished grade simultaneously.
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Improvements may exceed thirty (30) inches below grade if necessary for the
structural integrity of the improvement.
n) Heating and air conditioning equipment and similar mechanical equipment, but excluding
generators, shall have the following requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary structure
from any lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance with
Section 26.575.050, Fences, with natural features, or by other means
determined appropriate by the Community Development Director; and
d. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above and forty-eight (48)orinches below finished
grade. These features may be up to thirty (30) inches above and forty-eight
(48) inches below finished grade simultaneously.
The Community Development Director may approve exceptions to the requirements of m)
and n) above. The Community Development Director must first determine that the visual
impact of the exemption is minimal and that no other reasonable option exists. Approval
shall be in the form of a recordable administrative determination.
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o) The height and placement of energy efficiency or renewable energy production systems
and equipment, which are located adjacent to or 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. These systems are discouraged between any
lot line adjacent to a street and any structure. For energy production systems and
equipment located on top of a structure, see sub-section F.4.
The Community Development Director may approve exceptions to the requirements of m),
n), and o) above. The Community Development Director must first determine that the
visual impact of the exemption is minimal, that no other reasonable option exists, or that
there is a significant increase in efficiency gained as a result of flexibility. Approval may
be granted during building permit review, or as part of a site-specific development
approval.
Area below grade
30”
30”
Spa
Figure 16: 30” Calculation
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o)p) Fences and hedges less than forty-two (42) inches in height, as measured from
finished grade, are permitted in all required yard setbacks. Fences and hedges up to six (6)
feet in height, as measured from finished grade, are permitted only in areas entirely
recessed behind the vertical plane established by the portion of the building facade which
is closest to the Street. This restriction applies on all Street-facing facades of a parcel.
(Also see Section 26.575.050 – Supplementary Regulations for limitations on fence
materials.)
p)q) Driveways not exceeding twenty-four (24) inches above or below finished grade
within any setback of a yard facing a Street. Within all other required setbacks, finished
grade of a driveway shall not exceed thirty (30) inches above or below finished grade.
q)r)Parking may occur in required setbacks if within an established driveway or parking area
and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the
property, or has otherwise been approved by the City.
r) Non-permanent features which are not affixed to the ground such as movable patio
furniture, outdoor seating or a picnic table, barbeque grills, children’s play equipment, and
similar non-permanent features which are not affixed to the ground. This exemption shall
not allow storage sheds or containers.
s)
t) Wildlife-resistant Trash and Recycling enclosures located in residential zone districts shall
be prohibited in all yards facing a Street. These facilities may be placed within non-street
facing yards if the enclosure is the minimum reasonably necessary in both height and
footprint, is an unconditioned space not integrated with other structures on the property,
and serves no other purpose such as storage, garage space, or other purposes unrelated to
protecting wildlife. Wildlife-resistant trash and recycling enclosures located in
commercial, mixed-use, or lodging zone districts are not exempt from setback
requirements and shall comply with zone district requirements for Utility/Trash/Recycle
areas.
Temporary intermittent placement of trash and recycling containers in or along yards
facing a Street is allowed. For example, on “trash day.”
42” fence
height
Front
Façade line
Of house
72” fence
height
Figure 17
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Enclosures shall be located adjacent to the alley where an alley borders the property and
shall not be located in a public right-of-way. Unless otherwise approved by the Historic
Preservation Commission, enclosures shall not abut or be attached to a historic structure.
Enclosures may abut other non-historic structures.
For projects that are proposed to be, or are currently 100% Deed Restricted Affordable
Housing, Wildlife-resistant trash and recycling enclosures shall be located along the alley,
when possible. If no alley exists, the enclosure may be located in a street facing yard if
located and designed in a way to minimize visual impact of the enclosure, ensure efficient
use of the enclosure, and the minimum size necessary in both height and footprint to meet
the requirements of Title 12 of the Municipal Code.
Generators are prohibited between and structure and the street and within any setback.
Exceptions may be made by the Community Development Director in accordance with
Section 26.575.020.E.5.J.
s)u)
F. Measuring Building Heights.
1. For properties in the Commercial Core (CC), Commercial (C1), Commercial Lodge (CL),
Neighborhood Commercial (NC) and Service Commercial Industrial (SCI) Zone Districts, the
height of the building shall be the maximum distance between the ground and the highest
point of the roof top, roof ridge, parapet, or top-most portion of the structure. See subsection
3, below, for measurement method.
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.
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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
(⅓) of the distance up from the eave point to the ridge. There shall be no limit on the
height of the ridge.
Height of
building Height of
building
Parapet
wall
Roof Pitch
3:12 or less
Figure 18: Measuring height for flat roofs or roofs with less than 3:12 pitch
Ridge
Eave Point
Height
Midpoint between eave pt. and ridge
Figure 19: Measuring height for roofs with pitch from 3:12 to 7:12
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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.
3. Height Measurement Method. In measuring a building for the compliance with height
restrictions, the measurement shall be the maximum distance measured vertically from the
ground to the specified point of the building located above that point, as further described
below:
Ridge
1/3rd point between
eave pt. and Ridge
Eave Point Height
Figure 20: Eave Point and Exterior Sheathing of a Roof
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a) Measuring height along the perimeter of the building. At each location where the exterior
perimeter of a building meets the ground, the measurement shall be taken from the lower
of natural or finished grade. Building permit plans must depict both natural and finished
grades.
b) Measuring height within the footprint of the building. For the purposes of measuring
height within the footprint of a building, areas of the building within 15 horizontal feet of
the building’s perimeter shall be measured using the perimeter measurement, as described
above. In all other areas, the natural grade of the site shall be projected up to the
allowable height and the height of the structure shall be measured using this projected
topography.
In instances where the natural grade of a property has been affected by prior development
activity, the Community Development Director may accept an estimation of pre-
development topography prepared by a registered land surveyor or civil engineer. The
Director may require additional historical documentation, technical studies, reports, or
other information to verify a pre-development topography.
If necessary, the Community Development Director may require an applicant document
natural grade, finished grade, grade being used within the footprint of the building, and
other relevant height limitation information that may need to be documented prior to
construction.
c) Measuring to the roof – The high point of the measurement shall be taken from the surface of
a structure’s roof inclusive of the first layer of exterior sheathing or weatherproofing
membrane but excluding exterior surface treatments such as shakes, shingles, fire proofing,
exterior insulation, a second layer of exterior sheeting, or other veneer treatments or
ornamentation.
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When measuring roofs to a point between the ridge and the eave point, the eave point shall be
the point where the plane of a roof intersects the plane of the exterior wall. The roof and wall
planes shall be of the nominal structure, excluding all exterior treatments.
4. Allowed Exceptions to Height Limitations.
a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar
venting apparatus may extend no more than ten (10) feet above the height of the building
at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements
may not extend above the highest ridge of the structure by more than required by adopted
building codes or as otherwise approved by the Chief Building Official to accommodate
safe venting. To 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 façade 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.
Eave Point
Exterior Sheathing
Figure 21: Eave Point and Exterior Sheathing of a Roof
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Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum
height limit if set back from any Street facing façade 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 residential building or an
accessory building, all mechanical equipment shall be set back from any Street facing
façade of the building a minimum of fifteen (15) feet.
f) 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 six (65) 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 façade 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.
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i) Exceptions for buildings on slopes. For properties with a slope that declines by 10% or
greater from the front lot line, the maximum height of a building's front (street-facing)
facade may extend horizontally for the first ten (10) feet of the building's depth
For properties located in the geographical area bounded by Durant Street, Main Street,
Monarch Street and Original Street and have a maximum elevation change of three (3)
feet, the maximum height measurement as determined from the highest point of the lot
may extend the entire width or length of the lot. See Figure A, below, where “X’” is the
measured height.
Figure A: Measurement on a Slope
j) Exceptions for lightwells 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 façade(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. This exception does not apply to
lightwells and stairwells that are located within a setback.
For properties that contain an areaway that counts toward the pedestrian amenity
requirement, the qualifying areaway shall not be counted towards maximum permissible
height. See Figure B, below, where “X’” is the measured heights and “Y’” is not
counted if the subgrade area counts as pedestrian amenity.
Figure B: Measurement of heights with subgrade pedestrian amenity
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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.
k) For commercial, lodge, or mixed-use buildings located in the Commercial Core (CC),
Commercial (C-1), or Neighborhood Commercial (NC) zone districts, decorative, non-
functional architectural elements such as a parapet, cornice, spire, pediment, are exempted
from height measurement up to twenty-four (24) inches only if approved by the Planning
and Zoning Commission or Historic Preservation Commission as part of a Commercial
Design Review. This exemption shall not be combined with any other height exemptions.
l) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet bars,
built-in barbeque grills, cabinets, sinks, fire pits, 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 façade of the building by a
minimum of ten (10) feet.
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m) 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.
G. Measuring Site coverage. Site coverage is typically expressed as a percentage. When
calculating site coverage of a structure or building, the exterior walls of the structure or building at
ground level should be used. When measuring to the exterior walls, the measurement shall be taken
from the exterior face of framing, exterior face of structural block, or similar exterior surface of the
nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted
insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco,
bricks, shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or balcony
overhangs, cantilevered building elements and similar features extending directly over grade shall be
excluded from maximum allowable site coverage calculations.
H. Measurement of Demolition. The City Zoning Officer shall determine if a building is intended
to be or has been demolished by applying the following process of calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the
following:
1. The surface area of all existing (prior to commencing development) exterior wall
assemblies above finished grade and all existing roof assemblies. Not counted in the
existing exterior surface area calculations shall be all existing fenestration (doors,
windows, skylights, etc.).
2. The exterior surface area, as described above, to be removed. Wall area or roof area being
removed to accommodate new or relocated fenestration shall be counted as exterior surface
area being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with an area
tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element
in addition to the necessary subsurface components for its structural integrity, including such
items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be
removed, the associated exterior surface area shall be diagrammed as being removed. If a
portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that
portion shall be calculated as removed. Recalculation may be necessary during the process of
development and the Zoning Officer may require updated calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New,
relocated or expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of
demolition. Sub-grade elements and interior wall elements, while potentially necessary for a
building's integrity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of the
exterior to be removed shall be divided by the surface area of all portions of the exterior of the
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existing structure and expressed as a percentage. The Zoning Officer shall use this percentage
to determine if the building is to be or has been demolished according to the definition in
Section 26.104.100, Demolition. If portions of the building involuntarily collapse, regardless
of the developer's intent, that portion shall be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural
capabilities of the building prior to undertaking a remodel. Failure to properly understand the
structural capacity of elements intended to remain may result in an involuntary collapse of
those portions and a requirement to recalculate the extent of demolition. Landowner's intent
or unforeseen circumstances shall not affect the calculation of actual physical demolition.
Additional requirements or restrictions of this Title may result upon actual demolition.
I.H. 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 and net livable area shall be attributed to
the lot or parcel upon which it is developed. 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, gas pumps, and similar devices without an
attendant shall not be considered net leasable area.
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:
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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.
J.I. Exceptions for Energy Efficiency. The Community Development Director may approve
exceptions to the dimensional restrictions of this Section to accommodate the addition of energy
production systems or energy efficiency systems or equipment in or on existing buildings when no
other practical solution existsthe site is constrained, or it is determined that flexibility is warranted to
improve efficiency of the equipment. The Community Development Director must first determine
that the visual impact of the exemption is minimal and that no other reasonable way to implement
energy production or efficiency exists. The Director may require notice be provided to adjacent
landowners. Approval shall be in the form of a recordable administrative decision.Exception for
Energy Efficiency may be approved during building permit review, or as part of a site-specific
development approval.
K.J. Exceptions for Building Code Compliance. The Community Development Director may
approve exceptions to the dimensional restrictions of this Section to accommodate improvements
required to achieve compliance with building, fire, energy, or accessibility codes in or on existing
buildings when no other practical solution exists. The Community Development Director must first
determine that the visual impact of the exemption is minimal and that no other reasonable way to
implement code compliance exists. The Director may require notice be provided to adjacent
landowners. Approval shall be in the form of a recordable administrative decision. Exception for
Energy Efficiency may be approved during building permit review, or as part of a site-specific
development approval.
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L.K. Appeals. An applicant aggrieved by a decision made by the Community Development
Director regarding this Calculations and Measurements Section may appeal the decision to the
Administrative Hearing Officer, pursuant to Chapter 26.316.
(Ord. No. 44-1999, §7; Ord. No. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-2001, §§6,
7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2—4; Ord. No. 12-2006, §19; Ord. No. 12, 2007, §32;
Ord. No. 27-2010, §1; Ord. No. 12-2012, §3; Ord. No. 25-2012, §4; Ord. No. 7-2014; §§ 1-9; Ord.
No. 31-2014, §2; Ord. No. 4-2015, §1; Ord. No. 46-2015, §§ 12-20; Ord. No. 30, 2016, §6)
499
Section 1: Adoption of updated Fee-in-Lieu rates.
Section 26.470.050.E shall be rescinded and readopted as follows:
26.470.050. Calculations
E. Employee housing fee-in-lieu payment. Whenever a project provides employee housing via a fee-in-
lieu payment, in part or in total, the amount of the payment shall be based upon the following (fee-in-lieu
is only allowed for Categories 1-4, Category 5 is included for any necessary conversions between affordable
housing unit types or for the purpose of conversions in the value of Certificates of Affordable Housing
Credits):
Fee-in-Lieu (per FTE):
Category 1: $442,616 408,054
Category 2: $408,362 376,475
Category 3: $374,971 345,691
Category 4: $328,533 302,879
Category 5: $271,582 250,375
Payment shall be calculated on a full-time-equivalent employee (FTE) basis according to the Affordable
Housing Category designation required by this Title. Unless otherwise stated in this Title or in a
Development Order, Fee-in-Lieu payments shall be collected by the City of Aspen Building Department
prior to and as a condition of Building Permit issuance.
The Fee-In-Lieu rates shall be updated every five years and adopted by City Council ordinance. This 5-year
update shall evaluate and include cost analysis of new private and public sector affordable housing projects
that have been completed or are otherwise appropriate since the previous update. During the intermediate
years, Community Development staff shall propose to City Council an annual update (in January) to the
Fee-in-Lieu schedule via Ordinance, utilizing the most recent National Construction Cost Index provided
by the Engineering News Record. If the annual increase is approved, updated Fee-in-Lieu figures shall be
rounded to the nearest dollar. The annual update proposed in the intermediate years does not require a Policy
Resolution prior to First and Second Reading.
The following methodology (as depicted in a comprehensive report conducted by TischlerBise, Affordable
Housing Fee-in-Lieu Study, Phase II in Spring of 2021) was used to determine the above Fee-in-Lieu
schedule:
1) Utilizing recent public sector, private sector, and public private partnership affordable housing
projects, staff and the consultant team identified actual land and construction (hard and soft) costs
for a number of recent projects and land purchases.
2) Costs for both land and construction were analyzed by project to the square foot of net livable
development and averaged across the projects. Using the Code determined calculation of 400 square
feet per full time equivalent (FTE) employee, a total cost of constructing affordable housing per
FTE was identified.
3) Utilizing the Aspen Pitkin County Housing Authority (APCHA) Guidelines, established sales
and rental rates by Category and bedroom count were used in a calculation to identify the revenue
per FTE. Two important assumptions were included for the rental revenue stream: a) revenue (rental
income) was calculated over a 15-year period with a 2% annual increase in the rental rate; and b)
Exhibit F – Redlines, Fee in Lieu
500
rental revenue was reduced by 50% to acknowledge common maintenance and operations costs.
Sales and Rental Revenue were then averaged per FTE.
4) The per FTE revenue amount for each Category (identified in #3 above) was subtracted
from the total development cost per FTE (identified in #2 above). The remainder of each
calculation subtracting the Category revenue from the total cost per FTE results in the
Category Fee-in-Lieu schedule above.
Methodology for FIL increase
Engineering News Record Construction Cost Index
A survey of prices in 20 cities for:
• 200 hours of construction labor
• 25 cwt of structural steel
• 1.128 tons of Portland cement
• 1088 board feet of 2x4 lumber
source: https://www.enr.com/economics/historical_indices/construction_cost_index_history
13004.47 / 11989 = 1.0847 = 8.47% increase from May 2021 to May 2022
For comparison, May 2019 to May 2020 = 1.6%; May 2018 to May 2019 = 2%
501
1. Allow exterior energy improvements to a building roof to exceed building height.2. Allow mechanical equipment height increases that accommodate effi cient equipment.1. Allow multi-family aff ordable housing to be developedin all residential zone districts. Density allowances would be increased, but existing fl oor area and other dimensionallimitations would remain in place.2. Create an administrative review path for aff ordablehousing projects.3. Eliminate non-conformity limitations for non-conforming lots of record for projects that are 100% aff ordable housing.1. Update employee generation rates to refl ect impacts of construction and long-term operation of residential units.2. Update mitigation calculations to be based on “liveable area” rather than “fl oor area.”3. Eliminate the credit for existing square footage that did not previously provide aff ordable housing mitigation.4. Update the deferral agreement for local residents.5. Consider and evaluate a depreciation factor for aff ordable housing mitigation for residents. Mitigation requirements would be deferred for local residents whileliving in their home, and the required mitigation due would depreciate over time.1. Allow existing free-market residential units to be updatedand redeveloped in the Mixed-Use Zone District (MU), but prohibit the establishment of new free market units orexisting uses being converted into free market units.LOCATIONHOUSING MITIGTATIONFREE MARKET1. Implement a growth management allotmentsystem for demolition projects. The allotments would be part of the 19 allotments currently available for free-market units.2. Use performance criteria to evaluate applications for demolition allotments.3. Creation of a framework of performance standardsand expectations for demolition projects that canbe adjusted over time to respond to new trends and community desires related to projects that havesignifi cant construction and other impacts.1. Bring clarity to the defi nition and calculation of Demolition.2. Incorporate exemptions or adjusted applicabilitystatements for certain projects to be exempt fromthe provisions of demolition (ex; unsafe structures, water damage, acts of god, etc.)3. Continue to evaluate Demolition threshold and calculation measurements.1. Implement a tracking system for cumulative demolition that “resets” after fi ve (5) to ten (10) years of a Certifi cate of Occupancy (CO).PROPOSED ALOTTMENTSCALCULATIONSTRACKING1. Allow encroachments into setbacks for certainenergy improvements, fi re protection, etc.2. Allow increased encroachments into setbacks for subgrade mechanical structures.3. Increase allowances for the development of solarpanels (height or setbacks) or create an administrative review path.1. Bring consistency and clarity to the terms,dimensions and calculations in measuring the internal, horizontal areas of a building Occupancy (CO).SETBACKSHEIGHTFLOOR AREATURNING UP THE DIAL ON ASPEN AREA COMMUNITY PLAN GOALSI.1 Achieve sustainable growth practices - Limit energy consumption and burden on public infrastructure (p24)P.20 Pursue aggressive measures to meet community needs and preserves characterVIII.1 Restore public confi dence in the Code (p27)VIII.2 Create certainty in zoning + land use (p27)VIII.3 PD process to result in community benefi ts (p27)II.1 Housing mix should bolster ($) diversity (p41)II.2 AH should plan for retirees (p41)IV.2 Locate AH within Urban Growth Boundary (p42)IV.3 On-site AH mitigation preferred (p42)IV.5 AH to optimize density and mirror Aspen V.1 Encourage meeting needs of both residents and visitors (p26)V.2 Facilitate sustainability of essential businesses (p26)V.3 Ensure code results in development that refl ects heritage and design (p26)AFFORDABLE HOUSING DEVELOPMENTREVIEWGROWTH MANAGEMENTAACP GOALS502
AACP GOALS - FULL STATEMENTSI.1 Achieve sustainable growth practices to ensure long-term vitality and stability of our community and diverse visitor-based economy (Pg 24).P.20 We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character.VIII.1 Restore public confi dence in the development process (Pg 27).VIII.2 Create certainty in zoning and the land use process. (Pg 27).VIII.3 Ensure that the Planned Development process results in tangible, long-term community befi ts and does not degrade the built or natural environment through mass and scale that exceeds the Land Use Code standards. (p27)II.1 The housing inventory should bolster our socioeconomic diversity (Pg 41).II.2 Aff ordable housing should be prepared for the growing number of retiring Aspenites (Pg 41).IV.2 All aff ordable housing must be located within the Urban Growth Boundary (Pg 42).IV.3 On-site housing mitigation is preferred (Pg 42).IV.5 The design of new aff ordable housing should optimize density while demonstrating compatibility with the massing, scale, and character of the neighborhood (Pg 42).V.1 Encourage a commercial mix that is balanced, diverse and vital and meets the needs of year-round residents and visitors (Pg 26).V.2 Facilitate the sustainability of essential businesses that provide basic community needs (Pg 26).V.3 Ensure that the City Land Use Code results in development that refl ects our architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights, in order to: a. Create certainty in land development, b. Prioritizemaintaining our mountain views, c. Protect our small-town community character and historical heritage, d. Limit consumption of energy and building materials, e. Limit the burden on public infrastructure and ongoing public operating costs, f. Reduce short- and long-term job generation impacts, such as traffi c congestion and demand for aff ordable housing (Pg 26).503
Exhibit H – Employee Generation Estimate – RRC Associates
There are four spreadsheets that comprise the basis for the proposal on employee generation. The first three are related to
construction employee generation per 1000 sf.
1) Derivation of Construction Employment of New Residential Units in Aspen – This shows the final calculation for the
construction side of the equation.
2) The second table shows the permits that were used to understand project valuation
3) The third table shows the calculations to get at economic production per construction worker.
The fourth spread sheet shows the employment sectors and calculation to arrive at operations and maintenance employee
generation per 1000 / sf.
A fully comprehensive report that summarizes and explains this methodology and the findings will be included in the packet for
Second Reading
504
505
506
Total Generation: .081 FTE / 1000 sf – Construction
+ .103 FTE / 1000 sf – Operations and Maintenance
.184 FTE / 1000 sf
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Staff Memo – Moratorium, Residential Building
Final Work Session
Page 1 of 14
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Ben Anderson, Principal Planner
THROUGH: Phillip Supino, Community Development Director
MEMO DATE: May 19, 2023
MEETING DATE: May 23, 2023
RE: Final Policy Check-in with Council prior to First Reading
Residential Building Moratorium Response
REQUEST OF CITY COUNCIL:
At the Work Session on May 23, Council will be asked to review Staff’s policy proposals for the
Residential Building aspects of the moratorium. While specific code language will not yet be
presented, staff requests that Council engage in review and discussion of the Primary Policy
Proposals identified in the memo as well as the areas in the code that will need to be amended in
support. Additionally, there are a few additional policy questions on which staff will request
direction from Council as we finalize our work.
Following this discussion and final direction from Council on these policy items, staff anticipates
returning to Council on June 14th for First Reading and June 28th for Second Reading in
consideration of Ordinances that reflect this memo and the subsequent discussion.
BACKGROUND AND SUMMARY:
Where this Memo and Work Session fit into the larger process
The contents of this memo reflect staff’s proposed policy responses to previous Council direction
across numerous Work Sessions, input and feedback from participants in the engagement
process, and the research and analysis of our consultant experts. There are a few remaining
aspects of this proposed set of responses that are yet to be finalized. The memo identifies these
outstanding items and staff will discuss further during the Work Session. Additionally, there are
a few policy questions that have arisen during the last few weeks of our work that staff would like
to review with Council and receive direction before the First Reading of the draft Ordinance (and
the corresponding code language) is finalized.
With this direction from Council, and the inclusion of final analysis by our consultant team and
City staff, code language that is currently in draft will be formalized. Prior to Second Reading of
the Ordinance, this language will have been reviewed by multiple staff members across relevant
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Final Work Session
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departments including the City Attorney’s office, our consultant team that includes a third-party
land use law review, and by members of the community that have participated in our engagement
efforts – particularly those in the development and design community. In spite of the extension of
the moratorium, timelines remain tight as we finalize this work. Staff remains committed to making
sure that interested community members that have participated in this process have an
opportunity to review the final code changes prior to Council making a final decision at Second
Reading.
Exhibits
For Council Review, there are several documents attached as Exhibits to the memo that have
been developed by the staff of Design Workshop. They are included primarily for Council’s review
but have all been instructive to staff as we have made decisions about what to include (and
importantly, what not to include) in our proposed policy responses. Staff and the consultant team
will be prepared to discuss any of the material presented in these exhibits should Council have
questions or comments. It should be noted that the exhibits raise questions that Council may
desire staff to re-visit following the moratorium.
PRIMARY POLICY PROPOSALS:
26.470 – Growth Management Quota System
Demolition
Central to staff’s proposed response to concerns about the pace and scale of single-family and
duplex development is the use of the long-standing GMQS allotment system to regulate projects
that engage in the demolition and redevelopment of a property. Currently there are 19 Residential
Development Allotments. Under current code, these are only necessary for new subdivisions or
new multifamily units. The proposal is to now include redevelopment scenarios within this system
and assign a portion of this total number of residential allotments to projects that trigger
Demolition.
In staff’s view, residential projects that trigger Demolition are very impactful to neighbors, to
Aspen’s physical infrastructure and environment, and to the capacity at the Pitkin County Landfill.
They generate a significant employee demand and often, these projects transform the scope and
scale of the existing home into a new residence that is fundamentally different, both in form and
function, from the previous structure. Additionally, in analysis of building permits over the last 9
years, there is a recent trend showing a significant increase in Demolition projects (15 in 2021; a
rough average of 6.5 in the previous 8 years) and in the Demolition of increasingly more recent
built homes (a building permit is currently in review for the demolition and redevelopment of a
home built in 2006).
In addition to limiting the number of Demolition projects that could be approved annually, the
proposed policy would also establish standards during demolition and for the new home resulting
from a redevelopment in order for a project to be issued a Demolition allotment. In staff’s view,
implementing these standards would be a starting point that will be more fully built out, defined,
and updated over time. To start, the Residential Demolition and Redevelopment Standards
will include:
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Final Work Session
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• Waste Diversion: Participation in the Green Halo construction and demolition tracking
system (used already by the Pitkin County Landfill) and a minimum diversion threshold of
demolition and construction waste.
• Embodied Carbon: A required reporting of the total embodied carbon of the building
process and materials for a project using a choice of approved life-cycle assessment tools.
At this time, the report will provide useful data to ComDev and Climate Action staff, rather
than showing compliance with a particular threshold.
• Energy Reporting: An approved Demolition allotment would require the future home to
participate in Building IQ energy reporting and benchmarking for residential projects. This
program will be developed by Climate Action and approved by Council at a later date and
will support the community’s broader Greenhouse Gas (GHG) reduction goals
• Building Energy Performance and Electrification:
1. Projects will be subject to the high-performance updates coming to our Building and
Energy Codes in Title 8 that will include making sure homes are designed and built
for potential future conversion to 100% electric and the accommodation of on-site
photo-voltaic and battery storage systems.
• Stormwater: Projects will be subject to a higher expectation in contributing to local water
quality through implementation of non-structural Best Management Practices (BMPs).
Note: The details of the Residential Demolition and Redevelopment Standards are one of the
topics that have not yet been finalized. Staff is working across City agencies to ensure that the
initial version of the standards does not add unintentional complexity or conflict between Land
Use and other requirements in the development process. This is a document that will be reviewed
by interested members of the public, prior to final Council consideration.
For applications for projects that show compliance with the standards described above, the
proposed process for the allotment system would work like this:
Up to the maximum number of annual allotments for Demolition, land use applications
would be accepted on a first come, first serve basis and entered into the queue once
determined “complete”.
Due to the requirements for submission of the land use application, it is anticipated that
these requests would be submitted concurrently or at least proximately to the building
permit. It is also anticipated that referral agencies would be given an opportunity early on
in the review process to identify issues with the design and coordinate with the design team
– hopefully reducing overall review times ahead of building permit issuance.
Since the standards for approval of an allotment are objective and definitive, staff proposes
that the applications for allotments be reviewed administratively – with approval granted
through a Notice of Approval that would include any necessary conditions.
The issuance of an allotment would have a three-year vesting period – consistent with the
requirements of Colorado State law.
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Final Work Session
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If and when the annual allotments are fully utilized in a given year, there is a process for
an application to request from Council the issuance of a multi-year allotment for an
additional Demolition – that would reduce the number of allotments available in the
following year.
In addition to these outcomes in GMQS, a Demolition and Redevelopment would translate into
affordable housing mitigation requirements on the entirety of the new home. Together, this set of
policies seeks to discourage Demolition, but if it does happen, the resulting redevelopment will be
high performing and be better aligned with the AACP and Aspen’s climate action goals and
commitments. Additionally, policies (described later in the memo) are proposed to encourage
energy performance upgrades and other flexibility to existing homes.
Policy Questions for Council
1) What should the total number of allotments for Demolition be in a given year?
Discussion: Staff recommends that Council identify a number in a range between (5)
and (8) annual allotments. As staff has analyzed the last nine years – the yearly average
number of single-family and duplex projects that required a demolition permit was
roughly 6.5. In addition, each year, a small number (usually 1 or 2, at the most) cross
the 40% threshold for Demolition (as defined in the LUC), but do not require a
demolition permit from the building permit. In this way, staff has identified eight (8)
as the upper limit of our recommendation for annual Demolition allotments. This number
would generally maintain the recent trends (excepting 2021, which was 15). If Council
desires to reduce the number of Demolition projects that would be approved
annually, a number less than (8) could be identified, but staff does not recommend a
number less than (5). In staff’s view, a number less than (5) would place an unreasonable
limit on development activity. As Council considers what this number should be, it may be
useful to think that once an approval for an allotment is granted, it could easily be
three years before that project is complete. So, if eight allotments were granted
annually, it is likely that there would be roughly 24 Demolition related projects
happening in town at the same time, in different stages of completion.
2) Does Council agree with the staff recommendation to utilize an administrative
review for projects that meet the redevelopment performance standards described
above?
Discussion: Other development allotment types in GMQS require P&Z (or HPC) or Council
review. In some of those other reviews, there is some discretion for the review board
within the review criteria. As currently conceived, the requirements for approval of a
residential Demolition are not discretionary. There is some choice allowed from the
applicant in terms of how to meet the criteria, but there is not discretion in the review. As
such, staff is recommending an administrative review. This is a response to
comments from the development community that high standards are acceptable, as
long as they are objective. Additionally, it was stated that the ComDev land use and
building permit is already rigorous and takes time – and that we should avoid making the
process more difficult or time consumptive for otherwise compliant projects. An
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administrative review of a project, using objective standards – would in staff’s opinion
respond to these issues while creating a high bar for projects seeking an allotment.
Affordable Housing Mitigation
In November of 2021, staff proposed Ordinance 24, which is currently tabled following Council
discussion in December of 2021. The ordinance proposed to include the floor area of basements
and garages and eliminate the credit for existing floor area (in redevelopment scenarios that
trigger Demolition) in the calculation of affordable housing mitigation. Following public comment
and Council discussion, Council tabled the ordinance and gave direction to staff to engage with
consultants on an updated employee generation study – and to work on new standards for the
mitigation deferral agreement for locals that pursue projects that require mitigation.
Single-Family and Duplex Mitigation Requirements: Staff is continuing to work with our
consultants to finalize and review for legal sufficiency the update to the 2015 Employee
Generation Study. Based on preliminary findings, staff will continue to propose the inclusion of
basements, garages and other currently exempted areas into the calculation of affordable housing
mitigation requirements. Additionally, we are working on the necessary code adjustments to
eliminate the credit for existing floor area in demolition and redevelopment scenarios. We will not
have finalized numbers to report until First Reading, but as a preliminary estimate, Council could
expect code changes to a have the following effect:
Scenario: An existing home with 2,000 square feet of Floor Area (current floor area calculation)
is Demolished. A new home is redeveloped with 3,240 square feet of Floor Area (current code
with exempted basement and garage), but with a total square footage of 7,500 square feet that
includes the basement and garage.
Current Code that includes credit for existing floor area and exempts basements and garages
= 0.20 FTE
Proposed Changes: that excludes credit for existing floor area and includes basements and
garages (assuming a 0.15 FTE per 1000 sf generation rate – the final number is TBD)
= 1.13 FTE
Also, to provide additional context, it is important to consider the mitigation requirements that were
present prior to the 2015 study. Prior to 2015, the calculation of a home’s size for mitigation
purposes was consistent with how it is now – the use of a net floor area calculation that excluded
basements, garages, stairs and provided credit for existing Floor Area. However, the mitigation
structure was completely different. The idea was that for every 3,000 square feet of net floor area,
a home would provide 1 FTE of a “moderate income employee” (an average of Cat 2/Cat 3).
Please look to the table below for further illustration of these dynamics that compare two previous
mitigation systems with the one now proposed by staff.
Scenario:
2,000 sf - existing home demolished, net Floor Area
3,240 sf – new home, net Floor Area
7,500 sf – new home, mitigation floor area – includes basement and garage
See table on next page
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2013
Methodology
& 2013 FIL
2013
Methodology &
current FIL
2015
Methodology &
current FIL
Proposed
Methodology &
current FIL
Square Footage on which
mitigation is based 1,240 1,240 1,240 7,500
Employee Generation
per 1000 sf 0.33 FTE 0.33 FTE .16 FTE TBD
Total Mitigation Requirement (FTE) 0.41 FTE 0.41 FTE 0.20 FTE 1.13 FTE*
Total AH Mitigation (based on FIL) $96,235 $154,345 $75,295 $425,417*
AH Mitigation per square foot $77.60 $124.47 $60.72 $56.72*
* These numbers are estimates, based on an Employee Generation placeholder of 0.15 FTE per 1000 sf.
The proposed change does not drastically change the employees that a square foot generates,
instead, it would reflect a policy change about what square footage counts towards the calculation.
In the Proposed Methodology, the primary difference is the inclusion of subgrade and garages in
the calculation of mitigation and the elimination of the credit for existing floor area. In the proposal,
using this scenario, a 7,500 square foot home would be calculated in total – rather than that same
house be calculated at the 1,240 sf calculated using previous versions of mitigation requirements
in the Code.
Note: Again, this description is preliminary and could change as the work on the employee
generation study is finalized. Staff continues to work with our consultant team to ensure that the
mitigation requirements in total are fair and defensible.
Fee-in-Lieu
In addition to changing calculation methods for employee generation, staff is also proposing in a
separate ordinance to increase the Affordable Housing Mitigation Fee-in-Lieu. Per code, staff is
directed to propose an annual increase in January of each year using the Engineering News
Record National Construction Cost Index. Due to the moratorium, staff did not pursue this change
in January, but believes it is appropriate to do this with the other proposed changes resulting from
the moratorium so that the total impact can be understood. Based on the index from May of 2021
to May of 2022, it is anticipated that the proposed increase to the FIL will be roughly 8%. Current
Category 2 FIL (applicable to single-family and duplex) per FTE: $376,475. With an 8% increase:
$406,593.
In the scenario above (7,500 square feet of new home), using the approximate update to FIL:
Current Code and Current FIL = $75,295 of approximate mitigation ($10.03 / square foot).
Proposed Change and update to FIL = $459,450 of approximate mitigation ($61.26 / square foot).
As another way of thinking about this proposed change, using the estimate for Employee
Generation, the following comparison shows the impact of the new calculation as a percentage of
a typical real estate valuation in our current context:
At $2,500 (rough estimate) of value per sq. ft. in the Aspen market of the same 7,500 sf home:
Current mitigation requirements: .004 (0.4%) of the per square foot value
Proposed mitigation requirements with update to FIL: .025 (2.5%) of the per square foot value
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Policy Question for Council
1) Should the mitigation calculation (which is currently mitigating at 100% of
employees generated) for residential redevelopment and additional floor area, be
instead calculated at 65%, consistent with lodge and commercial development? Or,
as an alternative should the proposed calculation (at 100%) be phased in over time?
Discussion: Staff has heard from Council that parity in AH mitigation requirements between
different land uses is a priority. However, the intent of these Council comments has
generally been framed within the sentiment that mitigation for residential uses is too
low in comparison. Staff presents this question for Council consideration in response to
comments received during engagement that the jump between the existing and
proposed mitigation is too abrupt and should either be reduced or phased in over time.
For example, under the proposed calculation and current assumptions about the
generation study, the mitigation required for the 7,500 square foot home would be 1.13
FTE; $425,417 (100%). If we were to make consistent with lodge and commercial
uses: 1.13 FTE x .65 = 0.73 FTE, $276,520. For purposes of trying to simplify the overall
approach, staff could support the implementation a 65% mitigation rate, but does not
recommend a phased implementation.
AH Mitigation Deferral Agreement for Locals
In response to several comments that staff received during consideration of Ordinance 24 and in
our engagement efforts on the moratorium, staff is proposing improvements to the deferral
agreement that would bring certainty to the value of future mitigation requirements when a
resident enters into an agreement. Now, an FTE calculation is included in the agreement, but the
future value of the mitigation is unknown as it is tied to the value of the FIL at the time that the
agreement is terminated. Rather than be subject to the uncertainty around future updates to the
FIL or other changes to mitigation requirements, future valuation of the mitigation would be tied
to annual increase in the Consumer Price Index (CPI). In staff’s view, this would provide improved
certainty for the resident, create simplicity for current and future staff, and improve the agreement
in general terms. Toward this same end, staff also recommends that future mitigation
requirements within the deferral agreement should be allowed to be met with fee-in-lieu, by right.
Policy Question for Council
Does Council agree with staff’ recommendation to use CPI as the mechanism for
determining future mitigation requirements within a deferral agreement? And the
ability to meet future mitigation requirements via fee-in-lieu?
Discussion: Staff agrees with comments from the public that the deferral agreements, as
currently implemented create uncertainty and risk for the party entering into the agreement.
It is unknown what may happen to future policies or calculations around FIL and other
aspects of the mitigation system. In this proposal, the agreement will set a fixed value of
mitigation at the time of a building permit and then accelerate this value based on a
standard measure of inflation over time. In this way, a person entering into a mitigation
today would have some basis on which to evaluate the future obligation. Similar to the
amount, the mechanism for meeting the mitigation also has uncertainty built in. If a person
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wanted to end a deferral agreement today, they would be required to extinguish an AH
Credit for the mitigation requirement. In our current situation, AH Credits are unavailable
or are trading at a price significantly above the current FIL values. By allowing FIL by right
in the case of deferral agreements, it further contributes to future certainty.
100% Affordable Housing Review Process
As has been previously discussed with Council, staff is proposing that 100% affordable housing
projects (Category and RO) that are fully compliant with all other aspects of the Land Use Code,
would be reviewed and approved administratively. Currently these projects would most commonly
be reviewed by P&Z, but if on a designated property or in a historic district, HPC would review.
The purpose of this change is to remove unnecessary and unpredictable review processes for
projects that are otherwise compliant with the Land Use Code. The change would also create
parity between AH and free-market residential development in the level of staff review and public
scrutiny the development types receive. Under the proposal, to qualify for administrative review,
these projects would be compliant with the use and dimensional limitations of the underlying zone
district, APCHA regulations related to the size and qualities of the units, parking requirements,
and residential design standards.
Additionally, the process has been designed to bring clarity to the Land Use application process
for 100% AH projects and builds in a development review committee (City staff from development
review departments) process to identify and troubleshoot potential issues in setting up the
eventual building permit process for a more expedient review.
One topic that is not easily addressed in making these reviews administrative is the relationship
to Aspen’s Historic Preservation Design Guidelines and the Historic Preservation Commission
review process. Any project on a designated property or in a historic district for affordable housing
would be of a scope that would necessitate an HPC review. While staff desires to streamline and
make more predictable the process in reviewing AH projects, historic preservation review has
been essential in maintaining Aspen’s historic, cultural, and architectural character in the face of
immense pressure to do otherwise. Staff does not want to undermine this role, but at the same
time wants to avoid the weaponization of HPC review criteria by those desiring to create obstacles
to the development of affordable housing.
Policy Question for Council
1) How does Council desire to balance the policy outcome that review of AH projects
becomes more predictable and streamlined with the important role of HPC review
for designated properties and properties in the historic district?
Discussion: There are three practical responses to this question:
• All compliant AH projects that are not under HPC’s purview will be administrative
and those projects under HPC purview will continue to be evaluated by the board.
Staff will work within this framework to identify measures to simplify and streamline
the review. Or,
• AH projects that are in a historic district, but not on properties that are designated
will be a part of the administrative review path. Projects that involve designated
properties will remain under HPC purview.
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• All AH projects will be subject to an administrative review, regardless of designated
status or location in a district. This would not preclude an administrative review of a
project through the HP Design Guidelines, but would remove the role of HPC
Options 2 and 3 would fundamentally change the role of HPC and the HP Design
Guidelines in evaluating projects that are designated and/or are located in a historic
district.
26.710 – Zone Districts
Additional Opportunity for Affordable Housing
In our conversations with Council and with the public during our engagement efforts, staff heard
two comments loud and clear:
1) Affordable housing should be allowed and encouraged throughout Aspen.
2) Any affordable housing should be consistent with neighborhood scale and character.
With these two concepts in mind, staff is proposing targeted changes to Chapter 26.710 to
eliminate unnecessary obstacles to 100% AH development and to provide some additional
opportunity for AH that respects underlying zoning. It should be understood, however, that these
changes will not in themselves result in new AH units. Rather, these changes should be viewed
as an improved foundation, that when paired with other policies, incentives and subsidies, could
result in additional interest in affordable housing from the private sector, and create more
predictable and affordable paths for public sector AH development. It is important to note that the
proposed changes only apply to projects that are comprised of 100% AH (Category and RO).
As the number of changes is extensive, the following provides a brief identification and description
of the proposed changes:
1) In residential zone districts (R-6, R-15, R-15A), triplexes and fourplexes (3 and 4-unit
multifamily) would be allowed by right if the project otherwise conformed to the underlying
dimensional limitations. For example, in the R-6, the allowable floor area for a duplex on
a 6,000 square feet lot, is 3,600 square feet. Under this change, four units could go in
where there is currently a limit of two – fitting within the 3,600 square foot limit.
2) In the R-6 and R-15 there are some existing multi-family developments that are currently
non-conforming. This means that they are stuck in their current conditions, and if
demolished, would need to resort to allowed uses. The proposed change would convert
100% affordable properties, or properties proposed for 100% affordable projects into a
conforming use. This would give flexibility for moderate expansion, redevelopment
with upgraded or redesigned units, and remove current limitations on even minor upgrades.
For these now conforming projects, they would be granted an FAR of .75:1 (which is
consistent with the minimum in RMF).
3) Across the residential zones, including RMF, there has been an unintended intersection
between the zone district standards and language in the Non-Conformities (26.312)
chapter that identifies “non-conforming lots of record”. In staff’s view, the intent of the
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code as written is to grant a minimum development right (of a single-family home) on
lots that do not meet lot size criteria. Instead, the code has been applied over time to
restrict otherwise allowed uses based on lot size criteria. These changes would in
several sections and zones provide clarity to this issue. The outcome would be that in the
RMF (and other residential zones) that 100% affordable projects would be allowed
regardless of the lot size. So, on a 3,000 or 4,500 square foot lot in the RMF
(standard lot size is 6,000), 100% AH multifamily could be built, although scaled down
accordingly based on the dimensions already identified in the zone district limitations.
4) Across Zone Districts, both residential and commercial (but excluding zones like Park
and Open Space), identifying 100% affordable housing as an allowed use. As a result of
past code changes this was either intentional or left ambiguous. For the most part, the
dimensional and use limitations that are currently in effect are retained (example: AH as
an allowed use in the CC – but with limitations. Only on upper floors, and only as part of a
mixed-use project). In other circumstances, dimensional changes are proposed. In the
Lodge Zone District, 100% AH as a single use is not currently allowed. The proposed
change would create this as an allowed use and would establish an FAR of 1.5:1. In this
zone, lodge or mixed-use projects are granted an FAR of 2:5 or 2.75:1 depending on lot
size. Additionally, in the SCI Zone District, the FAR for affordable in a mixed-use
scenario is proposed to increase from .75:1 to 1:1. In the SCI, this would not change the
overall massing of a development but would increase the proportion of FAR that could be
allocated to AH.
5) It is proposed that any limitations on where AH Credits can be pursued for the
development of AH units are removed. This was previously included as a limitation in the
CC, C-1, and NC zones. This change would allow projects across zone districts to pursue
AH credits.
6) In the Mixed-Use Zone District, it is proposed that new, free-market residential units
(single-family, duplex and multifamily) are prohibited and no longer an allowed use. The
mechanism and language to implement this are identical to past actions toward this
outcome in the CC, C-1, and NC zones. While no new units can be established, existing
units remain as conforming uses. This change has two purposes: to preserve the current
mix of residential and commercial uses in the zone district and to encourage development
of affordable housing. In essence, this amendment would preclude future change of
use to additional free-market housing.
Code changes necessary in support of the primary policy proposals:
26.104.100 – Definitions
The Definitions section of Part 100 contains all of the specific terms utilized throughout the Land
Use Code. Because of the complexity and nature of land use and the local conditions found in
Aspen, these definitions serve as the basis to understand and implement the provisions of the
LUC. Anytime an amendment is done to any section of the LUC, the definitions section often
needs to be amended as well, to bring clarity or to make sure that definitions align with the altered
policy or regulation.
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To respond to proposed changes elsewhere in the LUC, staff is recommending changes to the
Definitions section identifying new terms and revising definitions on three topics: floor area,
demolition, and affordable housing. It is staff’s intension that these changes will bring needed
clarity to topics that are often confusing for customers and staff and will support important the
other amendments.
Floor Area – Under current regulations and definitions, staff uses the same calculation for Floor
Area to determine both compliance with dimensional limitations and to calculate affordable
housing mitigation. With the policy proposal to include subgrade and other areas that are currently
excluded from Floor Area calculations for affordable housing mitigation related to residential
development, new or modified terms and definitions are needed.
Demolition – In support of the use of the GMQS allotment system for projects that trigger
Demolition, existing terms needed to be better defined and new terms were identified. These
definitions are supported by a new section of Code, 26.580, that is further described below.
Affordable Housing – There are three new terms added related to AH development:
• 100% Affordable Housing – this is a term that is necessary to give definition to the types
of projects that qualify for new zoning flexibility – and includes both Category and RO
units.
• Triplex – a three-unit multifamily project that could be located in residential zones that are
currently limited to single-family and duplex, if 100% affordable.
• Fourplex – a four-unit multifamily project that could be located in residential zones that
are currently limited to single-family and duplex, if 100% affordable.
26.212 – Planning and Zoning Commission
Planning and Zoning Commission would be the review body to consider an appeal of the
Community Development Director’s determination that a project has triggered Demolition.
26.312 – Non-Conformities
The proposed changes to the Non-Conformities chapter are relatively minimal, but impactful in
bringing clarity to the differentiation of projects that trigger the 40% Demolition threshold versus
projects that simply destroy a non-conforming portion of a building.
26.312 – Appeals
The proposed change aligns the Appeals chapter with the change to 26.212, Planning and Zoning
Commission, described above.
Gross Floor Area
this is where architects
start – includes all
horizontal areas of a
home
Allowable Floor Area
This excludes basements,
portions of garages, vertical
circulation, etc. for
calculation of conformance
with zone district
dimensional limitations
Mitigation Floor Area
This includes basements,
garages, vertical circulation
for calculation of affordable
housing mitigation
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26.430 – Special Review
If a project was pursuing a Demolition allotment and proposed a variation from any of the identified
standards, an application could request a Special Review by the Planning and Zoning
Commission.
26.540 – Certificates of Affordable Housing Credits
Under current code, the issuance of Certificates of Affordable Housing Credit requires review by
P&Z or HPC in spite of the very formulaic nature of the review criteria. There is very little or no
discretion. Staff proposes changing this to an administrative review – consistent and in
conjunction with the GMQS administrative review for 100% affordable housing projects.
26.575.020 – Calculations and Measurements
There are three primary changes proposed to this section of the code that serves as the basis for
how staff and the design community measure our built environment.
1) First, there is new text that supports the definitional changes to floor area that were described
above in 26.104.100. Again, these definitional changes are necessary to distinguish the
calculation of a homes area for the purpose of aligning with allowable floor area in the zone district
standards (mass and scale) versus the calculation for the determination of AH mitigation.
2) The second changes are in support of the goal of encouraging remodels and upgrades to
existing homes, rather than full demolition. Under current code, if a home or a portion of a home
was built to the limits of their setbacks or their height, it would not be possible to upgrade the
insulation in the wall or roof assemblies for improved energy performance without requesting a
Variance – and the criteria for getting a Variance are difficult to cross. The proposed code
changes would allow existing homes to exceed their setbacks or height limitations by a maximum
of 8 inches to accommodate insulation upgrades (increased R-value) and/or to add materials that
make the home more resistant to wildfires. The 8 inches dimension was identified to provide the
flexibility to allow an addition of up to 6 inches of additional insulation. This could help to increase
the wall or ceiling assembly performance of an existing structure by R-20 to R-30.
Similarly, staff proposes additional flexibility for upgrades to mechanical equipment and related
screening for existing homes where the site conditions and current regulations preclude
mechanical equipment that is getting increasingly larger and taller as it becomes more efficient.
3) Lastly, the current code allows for some flexibility for dimensional standards in order for a
project to comply with building codes or in the pursuit of energy efficiency. The changes give
additional flexibility and streamlines process when the Community Development Director applies
discretion to situations that cannot meet dimensional limitations, but where building code
compliance or improved energy efficiency is in the best interest of the community or the project.
26.580 – Demolition
This new section of the Land Use Code applies to demolition of all use types within the City.
However, emphasis is given to Residential projects by outlining important requirements in the
measure of demolition, the 40% Demolition threshold, review processes – including appeals, and
importantly the adoption process for the Residential Demolition and Redevelopment Standards
(RDRS) that are at the heart of the review for the allocation of a GMQS Demolition Allotment
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(described earlier in this memo). The RDRS will live outside of the Land Use Code much like our
Historic Preservation Guidelines, Commercial Design Guidelines, and Aspen’s Wireless
Telecommunications Facilities Design Guidelines. This allows these documents to be more
flexible over time as the process to amend them, while requiring Council approval, would not
require the process for a full amendment to the Land Use Code.
CONCLUSION AND NEXT STEPS:
During the Work Session, staff intends to have a structured discussion on the proposed policy. The
discussion will provide space for Council questions, individual Council member comments, and an
opportunity for staff to gauge Council consensus on difficult topics. In addition, throughout the memo, a
series of policy questions have been raised. Restated below, these specific questions have arisen since
the last Work Session on these topics.
Demolition
• What should the total number of allotments for Demolition be in a given year?
• Does Council agree with the staff recommendation to utilize an administrative review for
the issuance of Demolition Allotments?
Mitigation
• Given that generation rates and the amount of square footage included in AH mitigation
calculations may increase, should the mitigation calculation (which is currently mitigating
at 100% of employees generated) for residential redevelopment and additional floor area,
be instead calculated at 65%, consistent with lodge and commercial development? Or, as
an alternative should the proposed calculation (at 100%) be phased in over time?
Deferral Agreement
• Does Council agree with staff’ recommendation to use CPI as the mechanism for
determining future mitigation requirements within a deferral agreement? And the ability to
meet future mitigation requirements via fee-in-lieu?
Affordable Housing Review Process
• How does Council desire to balance the policy outcome that review of AH projects
becomes more predictable and streamlined with the important role of HPC review for
designated properties and properties in the historic district?
Following discussion and direction from Council, staff will finalize draft code language. Proposed
Ordinances will be reviewed and considered in the following meetings:
Planning and Zoning Commission for Recommendation: June 7th
City Council, Regular Meeting – First Reading: June 14th
City Council, Regular Meeting – Second Reading June 28th
RECOMMENDATIONS:
Staff recommends a robust discussion that includes questions and comments from Council, direction from
Council on the specific policy questions, and any requests for additional information for Council
consideration at First Reading.
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EXHIBITS:
A – Community Case Studies
B – Residential Development Impacts
C – Buy Down and Fee-in-Lieu Analysis
D – Affordable Housing Zoning Analysis
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ORDINANCE #14
SERIES OF 2022
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CITY OF ASPEN
LAND USE CODE SECTION 26.470.050– CALCULATIONS TO ADOPT A REVISED
AFFORDABLE HOUSING MITIAGTION FEE-IN-LIEU RATE SCHEDULE.
WHEREAS,pursuant to chapter 26.470, Growth Management Quota System, of the City
of Aspen Municipal Code, applicants may, under conditions specified by the Chapter, pay fees to
satisfy requirements to provide affordable or employee housing; and,
WHEREAS, pursuant to prior resolutions and ordinances of the City, the City Council has
historically established these fees, referred to in Chapter 26.470 as an affordable housing impact
fee, affordable housing mitigation fees, and cash-in-lieu payments; and,
WHEREAS,in 2019 and 2020 Community Development Staff worked with consultants
White and Smith Planning Law Group and TischlerBise in the drafting of the Affordable Housing
Fee-in-Lieu Study, Phase I, a study that provided recommendations for improving the
methodology in calculating and updating the Affordable Housing Fee-in-Lieu; and,
WHEREAS, The City elected to enact a new fee-in-lieu schedule and methodology for
update utilizing calculations and recommendation provided in the Affordable Housing Fee-in-Lieu
Study, Phase II, completed in April of 2021 by White and Smith Planning and Law Group and
TischlerBise; and,
WHEREAS,in Ordinance #010, Series of 2021, City Council adopted a new Fee-in-Lieu
schedule reflective of the recommendation presented in the Affordable Housing Fee-in-Lieu Study,
Phase II; and,
WHEREAS,Land Use Code Section 26.470.050(E), Calculations - Employee housing fee-
in-lieu payment;prescribes that the Fee-In-Lieu rates shall be updated every five years and adopted
by city council ordinance, and that during intermediate years, the City may choose to update the
fee-in-lieu schedule, by ordinance, based on the change in the Engineering News Record National
Construction Cost Index; and,
WHEREAS,due to the declaration of a moratorium on Residential Development, first
through Ordinance # 27, Series of 2021, and confirmed by Ordinance # 06, Series of 2022, staff
did not present a proposed Fee-in-Lieu update to City Council in January of 2022 as directed by
26.470.050.E; and,
WHEREAS, Policy Resolution #043, Series of 2022, approved by Council on March 22,
2022, provided direction to staff to pursue amendments of the Land Use Code to “support the
development of more affordable housing in Aspen” and “Align land use review processes with
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community development needs, including affordable housing, and the mitigation of the community
impacts from free-market development” among other objectives; and,
WHEREAS, The City is electing to update the fee-in-lieu schedule based on the change in
the Engineering News Record, National Construction Cost Index, which shows a 8.47% increase
from the time of the fee-in-lieu adoption in May of 2021 through May of 2022; 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: Adoption of updated Fee-in-Lieu rates.
Section 26.470.050.E shall be rescinded and readopted as follows:
26.470.050. Calculations
E. Employee housing fee-in-lieu payment.Whenever a project provides employee housing via
a fee-in-lieu payment, in part or in total, the amount of the payment shall be based upon the
following (fee-in-lieu is only allowed for Categories 1-4, Category 5 is included for any necessary
conversions between affordable housing unit types or for the purpose of conversions in the value
of Certificates of Affordable Housing Credits):
Fee-in-Lieu (per FTE):
Category 1:$442,616
Category 2:$408,362
Category 3:$374,971
Category 4:$328,533
Category 5:$271,582
Payment shall be calculated on a full-time-equivalent employee (FTE) basis according to the
Affordable Housing Category designation required by this Title. Unless otherwise stated in this
Title or in a Development Order, Fee-in-Lieu payments shall be collected by the City of Aspen
Building Department prior to and as a condition of Building Permit issuance.
The Fee-In-Lieu rates shall be updated every five years and adopted by City Council ordinance.
This 5-year update shall evaluate and include cost analysis of new private and public sector
affordable housing projects that have been completed or are otherwise appropriate since the
previous update. During the intermediate years, Community Development staff shall propose to
City Council an annual update (in January) to the Fee-in-Lieu schedule via Ordinance, utilizing
the most recent National Construction Cost Index provided by the Engineering News Record. If
the annual increase is approved, updated Fee-in-Lieu figures shall be rounded to the nearest dollar.
The annual update proposed in the intermediate years does not require a Policy Resolution prior
to First and Second Reading.
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Ordinance #014, Series of 2022
Affordable Housing Fee-in-Lieu Increase
Page 3 of 4
The following methodology (as depicted in a comprehensive report conducted by TischlerBise,
Affordable Housing Fee-in-Lieu Study, Phase II in Spring of 2021) was used to determine the
above Fee-in-Lieu schedule:
1) Utilizing recent public sector, private sector, and public private partnership affordable
housing projects, staff and the consultant team identified actual land and construction (hard
and soft) costs for a number of recent projects and land purchases.
2) Costs for both land and construction were analyzed by project to the square foot of net
livable development and averaged across the projects. Using the Code determined
calculation of 400 square feet per full time equivalent (FTE) employee, a total cost of
constructing affordable housing per FTE was identified.
3) Utilizing the Aspen Pitkin County Housing Authority (APCHA) Guidelines, established
sales and rental rates by Category and bedroom count were used in a calculation to identify
the revenue per FTE. Two important assumptions were included for the rental revenue
stream: a) revenue (rental income) was calculated over a 15-year period with a 2% annual
increase in the rental rate; and b) rental revenue was reduced by 50% to acknowledge
common maintenance and operations costs. Sales and Rental Revenue were then averaged
per FTE.
4) The per FTE revenue amount for each Category (identified in #3 above) was subtracted
from the total development cost per FTE (identified in #2 above). The remainder of each
calculation subtracting the Category revenue from the total cost per FTE results in the
Category Fee-in-Lieu schedule above.
Section 2:
Any scrivener’s errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 3:
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 resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 4:
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.
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Ordinance #014, Series of 2022
Affordable Housing Fee-in-Lieu Increase
Page 4 of 4
Section 5:
A public hearing on this ordinance was held on the 28
th day of June, 2022, 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 shall be
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED AND READ,as provided by law, by the City Council of the City of Aspen on the
14th day of June 2022.
Attest:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY,adopted, passed and approved this 28th day of June 2022.
Attest:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
Approved as to form:
_____________________________
James R. True, City Attorney
FINALLY,adopted, passed and approved this ___ day of __________, 2022.
_______________________________
Torre, Mayor
ATTEST:APPROVED AS TO FORM:
_____________________________________________________________
Nicole Henning, City Clerk James R True, City Attorney
525