Loading...
HomeMy WebLinkAboutPart 100.General Provisions.Land Use Code.1999Part 100 —General Provisions Section 26.104.010 FART 100 - GENERAL PROVISIONS 26.104 26.104.010 Authority and title 26.104.020 Purpose 26.104.030 Comprehensive Community Plan 26.104.040 Applicability and Penalty 26.104.050 Void Permits 26.104.060 Emergencies 26.104.070 Land Use Application Fees 26.104.080 Rules of Construction 26.104.090 Reserved 26.104.100 Definitions City of Aspen Land Use Code Page - 1 Revised 01/01/99 Part 100 —General Provisions Section 26.104.010 Sections: 26.104.010 26.104.020 26.104.030 26.104.040 26.104.050 26.104.060 26.104.070 26.104.080 26.104.090 26.104.100 Chapter 26.104 GENERAL PROVISIONS Authority and Title Purpose Comprehensive Community Plan Applicability and Penalty. Void Permits. Emergencies. Land Use Application Fees - Zoning Fees. Rules of Construction. Reserved. Definitions. 26.104.010 Authority and Title. This Title 26 shall be known as the Aspen Land Use Code ("LUC") and is intended to incorporate and implement, without limitation, all legal power and home rule authority. vested in the City of Aspen under Article XX of the Colorado Constitution and the Home Rule Charter of the City of Aspen, and all land use regulatory and zoning power statutorily delegated to local and municipal governments by the General Assembly through the Colorado Revised Statutes. The City Council of the City of Aspen has determined that land use planning, zoning, and the management and regulation of land uses are matters of local municipal concern and that the ordinances, regulations and policies of the City of Aspen shall supersede within the territorial limits and other jurisdiction of the city any law or regulation of the state in conflict therewith. 26.104.020 Purpose. It is the purpose of this Title to promote and protect the health, safety and welfare of the citizens and City of Aspen, Colorado through the establishment and enforcement of comprehensive, efficient, clear and consistent standards, regulations and procedures for the planning, evaluation, approval and implementation of land uses and development within the city. In furtherance of this purpose, all development and uses of land shall be analyzed within the context of its impact on the historic, architectural, aesthetic and natural environmental character of the city, the city's economic and infrastructure needs and capacities and the legitimate rights and reasonable expectations of property owners. City of Aspen Land Use Code Page - 2 Revised 01/01/99 Part 100 — General Provisions Section 26.104.030 26.104.030 Comprehensive Community Plan. The city shall from time to time adopt and update a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which shall establish and project the city's land use and development planning philosophy, goals, and policies. The comprehensive community plan shall be broad in scope, and serve as a guide to all land use development and planning. The plan shall encourage and incorporate regional planning as well as land use development cooperation and coordination between the city and neighboring communities and jurisdictions. 26.104.040 Applicability and Penalty. A. Development without development order prohibited. Unless specifically exempted from its terms, no development of land or land use shall be undertaken without first having been reviewed, approved and issued a development order consistent with the provisions of this Title. Additionally, this Title shall apply to the activities of all public and governmental entities, agencies and districts, whether federal, state, county, or municipal, to the extent permitted by law. B. Building without building permit prohibited. Unless specifically exempted from its terms, no building shall be erected, moved or structurally altered unless a building permit has been issued pursuant to the terms of this Title. All building permits shall be issued in conformance with the provisions of this Title. C. Occupancy without a certificate of occupancy prohibited. No land or building shall be changed in use, nor shall any new structure, building or land be occupied or used, unless the owner shall have obtained a certificate of occupancy from the Community Development Department. D. Penalty. Any person violating the provisions of this Title shall be subject to prosecution in the Municipal Court and upon conviction may be subject to the general penalty provisions set forth at Section 1.04.080 of this Municipal Code. Each day that a violation occurs or continues shall constitute a separate offense and nothing contained herein shall preclude the city from instituting such necessary proceedings to enjoin, abate or correct any violation. E. Civil Remedies. 1. Inspections. The City Manager is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist in violation of any provision of this Title. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct such violation or comply with the order. This Title shall not be construed to hold the City responsible for any damage to persons or property by reason of the inspection or re -inspection City of Aspen Land Use Code Page - 3 Revised 01/01/99 Part 100 —General Provisions Section 26.104.050 authorized herein or failure to inspect or re -inspect or by reason of issuing a building permit as herein provided, or by reason of pursuing or failing to pursue an action for injunctive relief as herein provided. 2. Remedies. The City Attorney may institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of this Title when it occurs. The same right of action shall also accrue to any property owner who may be especially damaged by a violation of this Title. 26.104.050 Void Permits. All persons are presumed to know the terms and requirements of this Title and the extent of the legal authority of the city and its employees, boards and commissions to issue development approvals or permits. Any permit or approval issued in error, or otherwise not in conformity with the requirements of this Title, shall be void. Similarly, any permit or approval issued in reliance upon, or as a result of, a materially false statement or representation made in the process of obtaining the permit or development approval shall, likewise, be void. Any person having received a void or voidable permit or approval shall not be relieved from having to comply with all applicable terms and conditions of this Title and the city shall not be estopped from fully enforcing same. 26.104.060 Emergencies. The City Council may temporarily suspend the operation and applicability of any provision of this Title in accordance with Section 4.11 of the Home Rule Charter in the event of a natural or man- made disaster or catastrophe. 26.104.070 Land Use Application and Review Fees - Zoning Fees. A. Fees. A reasonable fee shall be assessed and paid for the acceptance, processing and review of all land use development and zoning applications and permits. Such fees shall be established, updated, and amended by ordinance of the City Council amending Chapters 2.12.080 (Land Use Application Fees), 2.12.090 (Historic Preservation Application Fees), and 2.12.100 (Zoning Fees) of the municipal code. New and amended fees shall annually take effect on January 1. A complete and up to date listing of all fees shall be maintained and prominently displayed in the offices of the Community Development Department. B. Records. The Community Development Department staff shall keep an accurate record of the actual time required for the processing of each land use application and additional billings shall be made commensurate with any additional costs incurred by the city when the processing of an application takes more time than is covered by a deposit. In the event the processing of an application takes less time than provided for in the deposit, the Community Development Department shall refund the unused portion. C. Fee Guidelines. The Community Development Director shall establish appropriate guidelines for the collection of fees and billing procedures. City of Aspen Land Use Code Page - 4 Revised 01/01/99 Part 100 —General Provisions Section 26.104.050 26.104.080 Rules of Construction. A. General Rules of Construction and Application. All provisions, words and phrases shall be read in the context in which they are written and applied according to their plain terms. Words and phrases that have acquired a technical or particular meaning, whether by ordinance definition or otherwise, shall be construed and applied accordingly. All provisions shall be read and considered as a whole in order to ascertain and fulfill the legislative intent in its adoption. B. Multiple Regulations. Where any provision imposes a greater or lesser restriction or requirement upon a given subject matter than a general or other provision, the provision imposing the more restrictive or greater regulation shall be deemed controlling. C. Computation of Time. The time period within which an act is to be done, or a default shall occur, shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded and the time period shall be extended until the end of the next day which is not one of the aforementioned days. D. Delegation of Authority. Whenever a provision requires the head of the department or some other city officer or employee to perform an act or duty, it shall be construed to authorize the head of the department or other officer to designate, delegate and authorize professional -level subordinates to perform the required act or duty -unless the terms of the provision or section specify otherwise. E. Gender. Words importing the masculine gender shall be construed to include the feminine and vice versa. F. Month. The word "month' shall mean a calendar month. G. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. H. "Shall" and "May". Unless the context would impose an injustice or a result contrary to the intent of the provision in question, the word "shall" means mandatory, while "may" means permissive. I. Tense. Words used in the past or present tense include the future as well as the past or present. I Week. The word "week" shall be construed to mean seven (7) consecutive days. City of Aspen Land Use Code Page - 5 Revised 01/01/99 Part 100 — General Provisions Section 26.104.100 K. Written or in writing. The term "written" or "in writing" shall be construed to include any inscribed representation of words, letters or figures, whether by printing or otherwise. L. Year. The word "year' shall mean a calendar year. K Boundaries. Interpretations regarding zone district boundaries shall be made in accordance with the following: 1. Boundaries shown as perpendicular to or following, or approximately following, any street, alley, right-of-way or water course shall be construed as perpendicular to or following the centerline of the street, alley, right-of-way or water course. 2. Boundaries shown as following, or approximately following, any platted lot line or other property line shall be construed as following such line. 1 Boundaries shown as following, or approximately following, section lines, half -section lines, or quarter -section lines shall be construed as following such lines. 4. Boundaries shown as separated from and parallel, or approximately parallel, to any of the features listed in the paragraphs above shall be construed to be parallel to such features and at such distance therefrom as are shown on the zone district map. 26.104.090 Reserved. 26.110.100 Definitions. As used in this code, unless the context otherwise requires, the following terms shall be defined as follows: Accessory dwelling unit (ADU). A deed restricted dwelling unit attached to or detached from a principal residence situated on the same lot or parcel, and which meets the occupancy, dimensional and other requirements set forth in Section 26.520.040 of this Title. Accessory structure or building. A building or other structure that is supportive, secondary and subordinate in use and/or size to the principal building or structure on the same parcel or lot. (See, Chapter 26.575.140, Supplementary Regulations — Accessory uses and accessory structures). Accessory use. A use that is supportive, secondary and subordinate to the principal use of a lot, parcel, building or structure. (See, Chapter 26.575.140, Supplementary Regulations — Accessory uses and accessory structures). Accessway. An area intended to provide ingress or egress to vehicular or pedestrian traffic from a public or private right-of-way or easement to an off-street parking, loading or similar area. 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 City of Aspen Land Use Code Page - 6 Revised 01/01/99 Part 100 —General Provisions Section 26.104.100 Affordable Housing Guidelines. (See, Chapter 26.520, Supplementary Regulations — Affordable Housing). Affordable Housing Guidelines. Guidelines recommended by the Aspen/Pitkin County Housing Authority and adopted by the City Council to govern the development of, admission to, and occupancy of deed restricted affordable housing units in the City of Aspen and Pitkin County. Alley. A public or private way for vehicular traffic having less width than a street and used as a secondary access to abutting property, normally at the rear. Applicant. A person or entity submitting a development application under this Title. Architectural projection. A non-functional or ornamental feature on a building or other structure that does not extend to, or from, the ground. Artist's studio. A workshop of a painter, sculptor, potter, weaver, carver, photographer, or other similar art that requires artistic skill, and not generally receiving the public; related to personal adornment, or engaging in retail sales. Aspen Area Community Plan. A comprehensive community plan adopted and amended by the City Council and Pitkin County Board of County Commissioners which establishes the City's and Aspen Metropolitan Area's land use and development planning philosophy, goals, and policies. Aspen Metropolitan (Metro) Area. That geographic area described and illustrated in the Aspen Area Community Plan, as amended from time to time, encompassing both the City of Aspen and its environs. Bandit unit. A dwelling unit or other structure developed or used in violation of the land use or building regulations in effect at the time of its construction. Base flood . A flood having a one (1) percent chance of being equaled or exceeded in any given year, also known as the one hundred (100) year flood. Basement. See "Subgrade area." Bathroom. That portion of a structure which may include a bath tub, toilet, shower or other personal bathing or washing area. Bed and breakfast. A dwelling used as a commercial lodging establishment for temporary guests, other than a hotel or lodge, and which contains no more than twelve (12) guest rooms, provides no less than one meal daily for guests, and is operated by an on -site resident manager or owner. City of Aspen Land Use Code Page - 7 Revised 01/01/99 Part 100 —General. Provisions Section 26.104.100 Bedroom. A portion of a dwelling unit intended to be used for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Uniform Building Code requirements for light and ventilation. Boardinghouse. A building or portion thereof, other than a hotel, lodge or multiple family dwelling, providing temporary or long-term lodging for six (6) or more guests, serving meals to those guests on a continuing basis for compensation, and having a manager residing on the premises, but not providing a restaurant or bar, or accessory uses, such as recreational facilities, typically associated with a hotel or lodge. Breezeway. A covered walkway connecting two or more buildings or structures, or which connects portions of the same building or structure. Building. A permanent structure having a roof supported by walls and intended to act as an enclosure or shelter for persons, animals, or property of any kind. Building envelope. A designated area on a lot or parcel in which all structures and development shall be constructed or occur, unless specifically excepted or exempted, including but not limited to excavation, landscaping, building, grading, demolition or filling. (See Supplementary Regulations — Section 26.575.110 - Building Envelopes). Building permit. A permit authorizing an Applicant under this Code to undertake construction or other development activity. Category housing. Deed restricted affordable housing categorized to reflect different income levels as set forth in the Affordable Housing Guidelines. Category housing also refers to low, moderate, and middle income categories. This term does not include Resident Occupied (RO) housing. Child care center. A facility that is maintained for the whole or part of a day for the care of five or more children who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day care centers, school -age child care centers, before and after school programs, nursery schools, kindergartens, preschools, day camps, and centers for developmentally disabled children and those facilities that give twenty four hour care for children and includes those facilities for children under the age of six years with stated educational purposes operated in conjunction with a public, private or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades. The term shall not include any facility licensed as a family child care home or foster care home. (See, Supplementary Regulations — Section 26.575.080 — Child Care Center). Commercial bakery. A business or building for the production and/or wholesaling of baked goods, but where over-the-counter or other retail dispensing of baked goods shall be prohibited. City of Aspen Land tJse Code Page - 8 Revised 01/01/99 Part 100 —General Provisions Section 26.104.100 Commission. The City of Aspen Planning and Zoning Commission. Contiguous. The sharing of a common border at more than a single point. Lots, parcels, or boundaries may be considered contiguous where separated by private rights -of -way, water courses, or water bodies situated between them. Cul-de-sac. A short local street terminating in a vehicular turnaround. Day care center. See "Child Care Center." (See Supplementary regulations - Child Care Center or Home, Section 26.575.080.) Demolition. To raze, disassemble, tear down, or destroy fifty percent (50%) or more of an existing structure as measured by exterior surface wall area; also, the removal of a dwelling unit in a multi -family building, or its conversion to non-residential use. Demolition, partial. To raze, disassemble, tear down or destroy less than fifty percent (50%) of an existing structure as measured by exterior surface wall area . Partial demolition shall constitute demolition if intended or undertaken in sequence or periodically to ultimately raze, disassemble, or destroy fifty percent (50%) or more of a structure. district. Density. The number of dwelling units or bedrooms per unit of land as permitted in the zone Developer. A person or entity undertaking any development as authorized by this Title. 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, 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. Development application. A written request submitted in accordance with this Title to undertake development. Development order. A written authorization issued pursuant to the terms of this Title to undertake development. Dormitory. A building, or portion thereof, providing group sleeping accommodations in one room, with shared bath and toilet facilities. (See, Supplementary Regulations - Section 26.575.160, Dormitory). Dwelling. A structure, or portion thereof, intended and used as a shelter in which a person or people reside and sleep. City of Aspen Land Use Code Page - 9 Revised 01/01/99 Part 100 — General Provisions Section 26.104.100 Dwelling, attached residential. A residential dwelling which is physically connected to one or more other dwellings or buildings on one or more sides. Dwelling, detached residential. A residential structure consisting of a single dwelling with open yards on all sides, excluding mobile homes. Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2) attached units in either an over -and -under or side -by -side configuration having a common un-pierced wall of at least one-story in height and ten (10) feet in length., or a common un-pierced wall/ceiling as applicable. Dwelling, multi -family. A residential structure containing three (3) or more attached dwelling units, not including hotels and lodges, but including townhomes, with accessory use facilities limited to an office, laundry, recreation facilities, and off-street parking used by the occupants. One (1) or more dwelling units located within an office, retail, or service commercial building shall also be considered a multi -family dwelling. The term "multi -family dwelling" also includes historic landmark sites consisting of three (3) or more detached dwelling units where permitted by the zone district. Dwelling unit. A separately enterable room or combination of rooms which contain a kitchen and bathroom and which are designed for or used as an individual residence. Easement. A legal interest or right that entitles its holder to a specific limited use or enjoyment of the land of another. Eave point. The point in the roof plane of a structure or building which intersects with the exterior wall surface. (See drawing below). Eave Point Employee housing. The same as "Affordable housing." Essential public facility. A facility which serves an essential public purpose, is constructed or its use changed in response to the demands of growth, is not itself a growth generator, is available for use by the general public or used for the benefit of the general public, and serves the needs of the community. The development or maintenance of commercial wireless telecommunication services City of Aspen Land Use Code Page - 10 Revised 01/01/99 Part 100 —General Provisions Section 26,104.100 facilities and/or equipment is not an essential service, but the development or maintenance of wireless telecommunication services facilities and/or equipment used exclusively for police, fire and/or other emergency response communication systems shall be considered essential services. Essential services. The development or maintenance by public utilities or the City of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar equipment. The development or maintenance of commercial wireless telecommunication services facilities and/or equipment is not an essential service, but the development or maintenance of wireless telecommunication services facilities and/or equipment used exclusively for police, fire and/or other emergency response communication systems shall be considered essential services. Family. Two (2) or more persons related by blood, marriage or adoption, or between whom there is a legally recognized relationship, or not more than five (5) unrelated persons occupying the same dwelling unit. Farm buildings. Structures used to shelter or enclose livestock, poultry, feed, flowers, field equipment, horticultural activities and similar land uses. Farm uses. Uses of land devoted to the raising of crops, poultry or livestock. Farmers' market. A market established by an organization of farmers/producers to provide the opportunity for direct sale (by farmers or their representatives) of primarily Colorado -grown produce, with -the potential for accessory sales of other agriculturally -related products, to wholesale or retail buyers at stalls or other similar structures of a temporary nature. (See Supplementary Regulations - Section 26.575.190, Farmers' markets). Fence. A constructed barrier, including berms, intended to prevent escape or intrusion, or to mark a boundary or shield or screen view, or to perform any similar function. (See, Supplementary Regulations — Fences, Section 26.575.050.) Final plat. A map showing the development which has been accurately surveyed by a registered surveyor. (See, Supplementary Regulations - Chapter 26.580, Engineering Department Regulations). Flood hazard area. Any land area susceptible to being inundated by water from any source as identified by the Federal Emergency Management Agency (FEMA). Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland waters; (b) the unusual and rapid accumulation or runoff of surface waters from any source; or (c) mudslides which are proximately caused by flooding as defined in subsection (b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. City of Aspen Land Use Code Page - I 1 Revised 01/01/99 Part 100 —General Provisions Section 26,104,100 Floodway. The channel of a river or other watercourse and the adjacent land area necessary or reserved to discharge a base year flood without increasing the water surface elevation. Floor. The base walking surface within a room or other enclosure. Floor area. The sum total of the gross horizontal areas of each story of the building measured from the exterior walls or from the center line of the party walls. (See, Supplementary Regulations - Section 26.575.020, 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. Food market. A store which principally sells packaged, bulk and/or fresh foods but which may have indoor customer seating of up to ten (10) seats for food service, but no wait service. 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. Geographic Information System (GIS). A managed interactive system of computer hardware and software, and geographic data, designed to capture, store, update, manipulate, analyze, retrieve and display geographically recorded information. . Grade, finished. The elevation of the ground surface measured where it meets the exterior wall of a structure upon completion of construction. Grade, natural. The undisturbed elevation of the ground surface prior to construction or other development activity. Graphic design. An artistic portrayal or decorative pattern painted or otherwise placed directly on an exterior wall, fence, awning, window or other exterior surface which may be viewed from outside the premises upon which it has been placed and which is not used or displayed as an identification, advertisement or promotion for the premises, a person, business, service, organization or product. Group home. A residential building licensed by the State of Colorado as an owner -occupied or non-profit facility for the housing of up to eight (8) aged, mentally ill, or developmentally disabled persons, as those classifications of persons are defined under the Colorado Revised Statutes. (See, Supplementary Regulations — Section 26.575.200, Group Homes) City of Aspen Land Use Code Page - 12 Revised 01/01/99 Part 100 —General Provisions Section 26.104.100 HPC. The Historic Preservation Commission of the City of Aspen. Height, building. The maximum possible distance, as established by the underlying zone district, from the natural grade or finished grade, whichever is lower, at the exterior perimeter of a building to the highest point or structure within a vertical plane. (See, Supplementary Regulations — Section 26.575.020, Measurements and Calculations). High water line. The boundary dividing a river bed from a river bank and defined as a line on the bank up to which the presence and action of water are so usual and long -conditioned as to impress on the bed a character distinct from that of the bank with respect to the nature of the ground surface, soil and vegetation. Historic landmark. A structure or site designated and regulated for its historic architectural or other importance under Chapter 26.420 of this Title. Historic significance. A building, structure, park, cemetery, archeological site, landscape, or object which has importance to the history, architecture, neighborhood, or community character of Aspen or the area surrounding Aspen. As a general rule in preservation, any structure or portion of a structure that is at least fifty (50) years old may be considered historically significant. Historic Overlay District, "H". An area or site designated and regulated for its historic architectural importance under Chapter 26.420 of this Title. Home occupation. A business, occupation or trade conducted principally within a dwelling, or a structure accessory to the dwelling and allowed only as an accessory use. (See, Supplementary Regulations - Section 26.575.090, Home Occupations). Hotel. A building containing three (3) or more individual rooms, without kitchens, used for overnight lodging by the general public on a short-term basis for a fee, with or without meals, and which has common reservation and cleaning services, combined utilities, and on -site management and reception services. Housing designee. A person, agency or entity appointed by the City Council to provide expertise, management, and administrative services concerning affordable housing. Junk yard. A site or parcel of land used for the collection, storage, salvaging, dismantling, disassembly or sale of waste paper, rags, scrap metal, discarded appliances, vehicles, machinery or other discarded materials. (See, Supplementary Regulations - Section 26.575.045(H), Junk Yards). Kitchen. A room or other portion of a structure used for the preparation and cooking of food and which contains a refrigerator, sink, stove, range, cooktop or similar cooking device,. Linked pavilion. An enclosed walkway connecting a primary structure to an accessory structure. (See, Supplementary Regulations — Section 26.575.020(A)(8), Linked pavilion). City of Aspen Land Use Code Page - 13 Revised 01/01/99 Part 100 —General Provisions Section 26.104.100 Lodge. Same as hotel, except that lodge rooms in a lodge may have a kitchen in certain zone districts, and may be rented on a long term basis. Logo. An artistic portrayal or decorative pattern printed or otherwise placed on an exterior wall, window sign or other exterior surface which may be viewed from outside the premises upon which it has been placed and which is used or displayed to identify, advertise or promote the premises, a person, business, service, organization or product. Long term. The occupancy of a dwelling unit for residential purposes for a time period not less than six (6) consecutive months and shall include rental occupancies, except that two shorter rental occupancies may be allowed per dwelling unit per year. Lot. A defined individual area or unit of land resulting from subdivision and reflected on a recorded plat approved by the City; or if created and recorded prior to the adoption by the City of subdivision regulations, or prior to its annexation into the City, a unit or area of land designated by a separate and distinct number or letter which is illustrated on a plat recorded in the office of the Clerk and Recorder for Pitkin County. Lot area. The total horizontal area contained within the lot lines of a lot, or other parcel of land. (See, Supplementary Regulations - Section 26.575.020, Calculations and Measurements). Lot depth. The shortest horizontal distance between the front and rear lot lines. Lot line, front. The line normally closest to and/or dividing a lot from a street or street right- of-way. Lot line, rear. The lot line opposite the front lot line. Lot line, side. The lot lines other than front or rear lot lines. Lot width. The horizontal distance between the side lot lines as measured along the front yard setback line. Manufactured home. A single family dwelling unit which is partially or entirely manufactured in a factory or at some location other than the site of final construction and installation. A manufactured home is installed on an engineered, permanent foundation and has brick, wood, or cosmetically equivalent siding and a pitched roof. A manufactured home is certified to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq., as amended. Mobile home. A detached, transportable, one -family dwelling unit intended for year round occupancy, and containing sleeping accommodations, flush toilet, a tub or shower bath, kitchen facilities with plumbing and electrical connections intended for attachment to outside systems. All mobile homes must be certified to the National Manufactured Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq., as amended. A mobile home shall be made to be readily moveable City of Aspen Land Use Code Page - 14 Revised 01/01/99 Part 100 —General Provisions Section 26.104.100 as a unit on its own running gear and designed to be used as a dwelling unit with or without permanent foundation, but to be installed in either a permanent or semi -permanent manner. A mobile home is not licensed as a recreational vehicle or park model. The phrase "without a permanent foundation" indicates that the support system/chassis is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner. Mobile home park. A parcel or area of land zoned MHP (residential/Mobile Home Park) upon which two or more mobile homes, occupied or intended to be occupied for a dwelling, are located for any period of time, regardless of whether or not a charge is made for such accommodations, and whether or not the mobile homes and/or land are owned by the occupants. Motel. Same as "Hotel." Neighborhood. The area adjacent to or surrounding existing or proposed development characterized by common use or uses, density, style and age of structures and environmental characteristics. Net leaseable commercial and office space. Those areas within a commercial or office building which are, or which are designed to be, leased to a tenant and occupied for commercial or office purposes, exclusive of any area including, but not necessarily limited to, areas dedicated to bathrooms, stairways, circulation corridors, mechanical areas and storage areas provided, however, that these areas are used solely by tenants on the site. Net livable area. The area available within a building for habitation and human activity measured from interior wall to interior wall, including interior partitions, and inclusive of, but not limited to, habitable basements and interior storage areas, closets, and laundry areas; but excluding uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (attached or unattached), patios, decks, and porches. Nonconforming lot or parcel. A lot or other parcel of land which as the result of the adoption of dimensional regulations contained within this Title fails to meet the minimum dimensional requirements for the zone district in which it is located. Nonconforming lot of record. A lot or other parcel of land on record with the office of Clerk and Recorder for Pitkin County which as the result of the adoption of dimensional regulations contained within this Title fails to meet the minimum lot area and lot width requirements for the zone district in which it is located. Nonconforming structure. A structure which was originally constructed in conformity with zoning and building codes or ordinances in effect at the time of its development, but which no longer conforms to the dimensional or other requirements imposed by this Title for the zone district in which it is located. Nonconforming use. The use of land or a building or structure which was originally established in conformities with the zoning and building codes or ordinances in effect at the time of City of Aspen land Use Code Page - 15 Revised 01/01/99 Part 100 —General Provisions Section 26.104.100 its development, but which is no longer allowed as a permitted or conditional use under the regulations imposed by this Title for the zone district in which it is located. Non -Unit Space. The floor area within a lodge or hotel that is commonly shared such as lobbies, hallways, stairways, recreational areas, and dining rooms. Normal maintenance. That non -extraordinary maintenance carried out in any twelve (12) month period on a regular schedule necessary to preserve the safety and structural integrity of a nonconforming use or structure, including the repair and/or replacement of nonbearing walls, fixtures, wiring or plumbing. Office. A type of land use involving the establishment and delivery of business, professional, or governmental activities and/or services. Office, business or professional. A building, or portion thereof, occupied by a business for the transaction of business activities, inclusive of the sale of products or delivery of services, and including, without limitation, realtors, travel, advertising or insurance agents, physicians, lawyers, dentists, architects, engineers, accountants, other licensed professionals and property management companies or agents. Officer or official. An official or officer of the City of Aspen. Official zone district map. The official map authorized in Section 26.710.030 designating the zone district boundaries in the City of Aspen. Off-street parking. A designated space or area of land with a paved or all-weather surface not within a public street or right-of-way and used for the parking of vehicles. Open space. A designated space or area of land suitable for public or private use, including space available for landscaping. Such space shall be open to the sky, free of automobile traffic, parking, display of merchandise, outdoor storage, or undue hazard. (See, Miscellaneous Supplementary Regulations - Section 26.575.030, Open Space) . Open -use recreation site. Land devoted to public recreation uses or structures. Owner. A person or entity in whom is vested the ownership or Title, either in whole or in part, of a building, structure or land, or a part thereof. P&Z. The Planning and Zoning Commission of the City of Aspen. Planned Unit Development (PUD). A zoning overlay classification or designation under which certain zone district regulations may be varied to encourage flexibility and innovation in the development of land. See Chapter 26.445. City of Aspen Land Use Code Page - 16 Revised 01/01/99 Part 100 —General Provisions Section 26.104.100 Parcel. An area of land which is capable of being described with such specificity that its location and boundaries may be established, and which has been or may be developed as a single unit of land. Park. A publicly or privately owned area of land dedicated to active or passive recreational uses or as a refuge for wildlife. Park maintenance building. A building used in conjunction with the operation or maintenance of a park, including, but not limited to, the storage and repair of park vehicles and equipment, greenhouses, and offices for park personnel. Person. An individual, business, corporation, partnership, government or government agency, limited liability company, trust, or any other legal entity. Plat. A map or plan with written provisions that is prepared in compliance with this Code which, when approved by the City, is recorded in the Clerk and Recorder's Office of Pitkin County. Porch. An un-insulated, unheated area under a roof, enclosed on at least one side by an exterior wall of a living space, and open on at least two sides to the outdoors, with or without screens. Principal building. The primary structure on a lot. Public buildings and uses. A building, facility, or land use/activity owned, occupied or carried out by a government or government agency. Public facilities. Major capital improvements, including but not limited to transportation, sanitary sewer, solid waste, drainage, potable water, education, and parks and recreation facilities. Commercial wireless telecommunication services facilities and/or equipment are not public facilities, but those used exclusively for police, fire and/or other emergency response communication systems shall be considered public facilities. Public right -of way. A dedicated strip or other area of land on or over which the city and/or public may travel or use for passage and within which public utilities and/or streets, alleys, trails, sidewalks, and other ways may be installed. Reconstruction. To demolish and re -build an existing structure or part of a structure in kind. Recreation club. A building and associated land devoted to recreational use including, but not limited to, a golf, swimming pool or tennis clubhouse, an exercise room, a playground/activity center; and which may include kitchen, bathing or toilet facilities, locker rooms or assembly halls. Recreational vehicle. A wheeled vehicle intended to provide temporary living accommodations. A recreational vehicle is either self-propelled, hauled, or towed by a non- commercial vehicle. Included in the term are units commonly referred to as travel -trailers, camper - City of Aspen Land Use Code Page - 17 Revised O1/01/99 Part 100 —General Provisions Section 26.104.100 trailers, trailer -coaches, motor homes, and pickup campers. A recreational vehicle is not a mobile home as defined in this Chapter. Rehabilitation. To restore or return a substandard or dilapidated building or structure to a habitable condition consistent with existing building codes and regulations. Relocation. The moving of a building or structure to a location on or off of the lot or parcel on which it is situated. Remodel. A construction project comprising revisions within or to elements of an existing structure, as distinct from additions to an existing structure. Renovate. To upgrade an existing structure to a more contemporary and/or efficient use through repair and alteration, including making additions to the existing structure. Residential multi -family housing. A multi -family residential building, or a dwelling unit in a multi -family residential building, which has historically been occupied by a working resident(s), excluding single-family and duplex dwellings, and excluding dwelling units which have been utilized exclusively as tourist accommodations or which have always been occupied by an owner who does not qualify as a working resident. Resident Occupied (RO) unit. A dwelling unit which is limited by deed restriction or other guarantee running with the land to occupancy by qualified employees set forth in the Housing guidelines of the Aspen/Pitkin County Housing Authority. Residential use. Used or intended for use exclusively for dwelling purposes, but not including hotels or lodges. Restaurant. A commercial eating and drinking establishment where food is prepared and served indoors for consumption on or off premises. (See, Supplementary Regulations - Section 26.575.180, Restaurant). Reverse -corner lot. A corner lot bounded on three sides by streets. Right-of-way. A strip or other area of land specifically designated or reserved for travel, passage, and/or the installation of utilities or other similar uses by persons other than, or in addition to, the landowner. Roominghouse. Same as "Boardinghouse." Specially Planned Area (SPA). A zoning overlay classification or designation under which certain zone district regulations may be varied to encourage design flexibility and mixed uses. See Chapter 26.440. Scale. The perceived or relative size and proportions of a structure or architectural element. City of Aspen Land Use Code Page - 18 Revised 01/01/99 Part 100 — General Provisions Section 26.104.100 Satellite dish antenna or satellite radio frequency signal reception and/or transmission device. A dish -shaped or parabolic -shaped reception or transmission device used for the reception and/or transmission of satellite signals, including but not limited to television signals, AM radio signals, FM radio signals, telemetry signals, or any other reception or transmission signals using free air space as a medium, whether for commercial or private use. This definition does not apply to wireless telecommunication services facilities and/or equipment including cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS), and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. Service yard. A yard or area used for storage of material accessory to or used in conjunction with the principal commercial use of a lot or structure. (See, Miscellaneous Supplementary Regulations - Section 26.575.045, Service Yards.) Setback. An area commencing and extending horizontally and vertically from a lot line, property line, or other boundary which shall be unoccupied and unobstructed from the ground upward, excepting trees, vegetation, and/or fences, or other structures or projections as allowed. (See, Supplementary Regulations - Section 26.575.040, Yards). Sidewalk. That portion of a street or right-of-way which is paved and designed for use by pedestrians. Sidewalk area. That portion of a street, right-of-way, or area bordering a street or right-of- way, primarily intended for use by pedestrians, but inclusive of planting strips, park.strips, border areas, parkways or similar area. Sign. An object, device, display, symbol, light or structure, fixed to, painted on, placed on, or incorporated into the surface of a building or structure, or displayed from or within a building or structure, or freestanding, constructed, designed, placed or intended to convey information or to advertise. (See, Supplemental Regulations - Chapter 26.510, Signs). Sign, "A" frame or sandwich. A portable sign which is ordinarily in the shape of an "A" or some variation thereof and which usually has no wheels. Sign, free-standing. Any sign which is permanently affixed to the ground, which is self - supported by a standard or legs or other self-supporting structure used solely for that sign, and which is physically separated from any building or structure. Sign, off -site. A sign which directs attention to a business, commodity, service, entertainment, attraction or product sold, offered or existing elsewhere than upon the same lot where such sign is located. The term shall include outdoor advertising signs (billboards), unless otherwise preempted by state or federal law. City of Aspen Land Use Code Page - 19 Revised 01/01/99 Part 100 —General Provisions Section 26.104.100 Sign, portable or wheeled. A sign not permanently affixed to the ground, a building, or other permanently affixed structure which may be moved from place to place and which may be mounted on wheels. Sign, projecting. Any sign, other than a freestanding sign, affixed to or supported by a building or structure, which projects beyond the surface of that portion of the building or structure to which it is affixed or supported by more than six (6) inches. Sign, roof. A sign created, placed or maintained in whole or in part upon, against, or directly above the roof or parapet line of a building. Sign, temporary. A non -permanent sign erected, affixed or maintained for a short, usually fixed, period of time. Sign, wall. Any sign painted or placed on, incorporated in, or affixed to, a building wall, window or canopy, or any sign consisting of cut-out letters or devices affixed to a building wall, window or canopy with no background defined on the building wall, window or canopy, with the exposed face of the sign located in a place substantially parallel to the wall, window or canopy surface on which it is placed. Site. The specific location of an actual or planned structure or structures, or an identifiable and defined area of ground/land occupied, or that may be occupied, by a structure or structures. Site coverage. The percentage of a site covered by buildings, measured at the exterior walls of a building at ground level. See, Supplementary Regulations - Section 26.575.020, Calculations and Measurements.) Site Specific Development Plan (SSDP). A development plan that has obtained final approval from the city after review and evaluation as provided for in this Title, including notice and public hearing, and which describes with reasonable certainty the type and intensity of use for a specific lot(s), parcel(s), site(s), or other area(s) of land, and which incorporates all of the terms and conditions of approval. An SSDP may include or take the form of a PUD, subdivision plat, development and/or subdivision improvement agreement, a use or activity permitted on review, or such instrument or document as identified and agreed upon by the city and landowner or developer. A license, map, variance, easement or permit shall not constitute an SSDP. Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The term "street" shall include the entire area within a right of way. Street, arterial. A street which has the primary function of carrying traffic and which may provide access to abutting land while receiving and distributing traffic to and from collector streets and/or highways. City of Aspen Land Use Code Page - 20 Revised 01/01/99 Part 100 —General Provisions Section 26.104.100 Street, collector. A street which carries through traffic and may provide access to abutting lands. The primary function of collector streets is receiving and distributing traffic to and from local streets and providing for the distribution of traffic within . Street, local. A street which has the primary function of receiving and distributing traffic to and from residential streets and providing access to abutting lands, but which is not intended for, and does not normally carry through traffic. Street, private. A street designated to comply with City Engineering standards which is retained in private ownership, maintained by the private owners, but dedicated for the use of the public. Street, public. A street designed to comply with City Engineering standards dedicated to the public as a public right-of-way. Street, unopened. A public or private street that while depicted on a plat, map, right-of-way, or other document, has not been engineered, installed and/or approved for use by the City. Structure. Anything constructed, installed, or erected which requires location on the ground, or is attached/supported by something on the ground, inclusive of buildings, signs, roads, walkways, berms, fences and/or walls greater than six feet (6') in height, tennis courts, swimming pools, and the like, but excluding poles, lines, cables, or similar devices used in the transmission or distribution of public utilities. Subdivider. Any person or entity that divides or seeks to divide land into two or more lots, parcels or other units of land. Subdivision. The process, act, or result of dividing land into two or more lots, parcels, or other units of land or separate legal interests, for the purpose of transfer of ownership, leasehold interest, building, or development, or for the creation or alteration of streets or right-of-ways. Subdivision shall also include the realignment, alteration or elimination of any lot line or property boundary established by and/or reflected on a plat or deed recorded in the office of the Clerk and County Recorder for Pitkin County, and land to be used for condominiums, apartments, or any other multiple dwelling units, or for time sharing dwelling units. Unless the division of land as specified below is undertaken for the purpose of evading this Title, "subdivision" does not apply to any division of land: (a) Which is created by judicial proceeding or order of a court of competent jurisdiction in this state, or by operation of law, provided that the city is given notice of and an opportunity to participate in the judicial proceeding prior to the entry of any such court order; (b) Which is reflected or created by a lien, mortgage, deed of trust or any other security instrument; City of Aspen Land Use Code Page - 21 Revised 01/01/99 Part 100 — General Provisions Section 26.104.100 (c) Which is created or reflected in a security or unit of interest in any investment trust regulated under the laws of Colorado, or any other interest in aninvestment entity; (d) Which creates cemetery lots; (e) Which creates an interest in oil, gas, minerals or water which is severed from the surface ownership or real property; or (f) Which is created by the acquisition of an interest in land by reason of marriage or blood relationship, joint -tenancy, or tenants -in -common. Any such interest is for the purposes of this Title a single interest. Subgrade Area. An area below the natural or finished grade of the ground. (See, Supplemental Regulations - Section 26.575.020(A), Floor Area). Tattoo parlor. A business establishment principally engaged in the business of creating indelible marks or figures fixed upon the human body by insertion of pigment under the skin. Temporary use or structure. A use or structure that may or may not be permitted in a given zone district, but which may be allowed on a non -permanent and temporary basis upon review. (See, Chapter 26.450, Temporary Uses.) Timeshare development or unit. A development, building or dwelling unit the title to which is, or is to be, divided either into interval estates or time -span estates as defined at Section 38-33-110, C.R.S., as may be amended from time to time. Time share use. A contractual or membership right. of occupancy (which cannot be terminated at the will of the owner) for life, or for a term of years, to the recurrent and exclusive use or occupancy of a dwelling unit on some periodic basis for a set period of time that has been allotted from use or occupancy periods into which the dwelling unit has been divided. Top of slope. A line generally running somewhat parallel to a stream or river from which development must be setback and which delineates the bank of the river or stream or other riparian area as determined by the City Engineer. Trail. A marked or dedicated path or way for pedestrian and/or non -motorized traffic. Use. The purpose or activity for which a lot, other area of land, or a building is designated, arranged, intended, occupied or maintained. Utility/trash service area. An area approved or designated for the placement of garbage or trash containers, or mechanical equipment, accessory to a principle structure or use. (See, Supplementary Regulations - Section 26.575.060, Utility/Trash Service Areas.) City of Aspen Land Use Code Page - 22 Revised 01/01/99 Part 100 —General Provisions Section 26.104.100 Vested property right. The right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. Watercourse. A river, stream or water irrigation ditch. Wireless Telecommunication Services Facilities and/or Equipment. Cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS), and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. This definition does not apply to, non-commercial satellite dish antennae, radio and television transmitters and antennae incidental to residential use. A. "Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antenna. B. "Enhanced Specialized Mobile Radio" (ESMR) means a digital wireless communication technology that specializes in providing dispatching services. C. "Personal Communication Services" (PCS) means a digital wireless communication technology that has the capacity for multiple communications services and will provide a system in which calls will be routed to individuals rather than places, regardless of location. Working resident. A person as defined in the Affordable Housing Guidelines. Yard. The grounds surrounding a building on the same lot or parcel which are unoccupied and unobstructed from the surface skyward, except for trees and vegetation, or as otherwise permitted in this Title. (See, Supplementary Regulations - Section 26.575.040, Yards. See also, "Setbacks".) Yard, front. The yard extending the full width of a lot or parcel, the depth of which is measured by the narrowest horizontal distance between the front lot line and the nearest surface of the principal building at grade. Yard, rear. A yard extending the full width of a lot or parcel, the depth of which is measured at the narrowest horizontal distance between the rear lot line and the nearest surface of the principal building at grade. Yard, side. A yard extending from the front yard to the rear yard of a lot or parcel, the width of which is measured at the narrowest horizontal distance between the side lot line and the nearest surface of the principal building at grade. City of Aspen Land Use Code Page - 23 Revised 01/01/99